(a) Review. The Governor shall conduct a comprehensive review of the
current policies, procedures, and delivery systems relating to programs
authorized under the Job Training Partnership Act for the purpose of
ensuring the effective implementation of the amendments. Such a review
shall include consideration of the appropriateness of current SDA
designations, the representation on current State and local councils,
the adequacy of current administrative systems, the effectiveness of
current outreach, service delivery, and coordination activities, and
other relevant matters.
(b) Governor's Coordination and Special Services Plan (GCSSP). The
GCSSP requires modification to assure conformance to the requirements of
the amendments. The plan was to be modified pursuant to instructions
issued by the Secretary and shall be submitted to the Secretary for
review by May 15, 1993.
(c) Job training plans. Service delivery area job training plans
will require modification to comply with Sec. 628.420 of this chapter,
Job training plan.
(d) Governor/Secretary agreement and grant agreement. A new
Governor/Secretary agreement is required to assure that the State shall
comply with JTPA, as amended, and the applicable rules and regulations;
the Wagner-Peyser Act, as amended, and the applicable rules and
regulations. A new grant agreement is needed to provide the basis for
Federal obligation of funds for programs authorized by Titles I, II, and
III, and such other funds as the Secretary may award under the grant.
(e) Procurement standards. In order to ensure fiscal accountability
and prevent waste, fraud, and abuse in programs administered under JTPA,
as amended, the Governor shall prescribe and implement procurement
standards meeting the requirements of Sec. 627.420 of this part,
Procurement. All procurements initiated on or after July 1, 1993 shall
be governed by and follow the requirements in Sec. 627.420 of this part.
Initiation of procurement means any sole source or small purchase
awarded on or after July 1, 1993 and any Invitation for Bid or Request
for Proposal issued on or after July 1, 1993.
(f) Participants. In order to have the least possible disruption to
program participants, during PY 1993, Governors and SDAs have the
flexibility to grandfather participants already enrolled in JTPA
programs up to and including June 30, 1993 under existing rules and
regulations. All participants in programs on June 30, 1993, will be
eligible for transfer to programs operated under the new provisions at
any time
beginning on July 1, 1993. ``Hard to serve'' barriers to participation,
assessment and Individual Service Strategy provisions of the amendments
will not apply to participants enrolled prior to July 1, 1993 or to 1993
Title II-B participants.
(g) Cost categories. (1) Cost categories applicable to PY 1992 and
earlier funds will be subject to prior regulations either until the
funds have been exhausted or program activity has been completed. In
order to assist the orderly transition to and implementation of the new
requirements of the 1992 JTPA amendments, an increase is allowed in the
administrative cost limitation for PY 1992 funds from 15 percent to 20
percent, with a corresponding adjustment to cost limitations for
training and participant support. Specifically, not less than 80 percent
of the title II-A funds shall be expended for training and participant
support, and not less than 65 percent shall be expended for training.
(2) Any prior year's carryover funds made available for use in PY
1993 will be subject to the reporting requirements and cost categories
applicable to PY 1993 funds.
(3) In determining compliance with the JTPA cost limitations for PY
1992, Governors may either:
(i) Determine cost limitation compliance separately for funds
expended in accordance with paragraphs (g)(1) and (g)(2) of this
section; or
(ii) Determine compliance for each cost category against the total
PY 1992 funds, whether expended in accordance with the Act and
regulations in effect prior to the 1992 amendments to JTPA or in
accordance with the amended Act and these regulations. Using this
option, the total combined funds expended for training and direct
training should be at least 65 percent of PY 1992 SDA allocations.
(4) In addition to the institutions specified in
Sec. 627.440(d)(1)(vi)(B), the costs of tuition and entrance fees of a
postsecondary vocational institution specified at section 481(c) of the
Higher Education Act (20 U.S.C. 1088(c)) may be charged to direct
training services through June 30, 1995, when such tuition charges or
entrance fees are not more than the educational institution's catalog
price, are necessary to receive specific training, are charged to the
general public to receive such training, and are for the training of
participants.
(h) Financial reporting. Notwithstanding reprogramming, expenditures
must be recorded separately by year of appropriation.
(i) Private Industry Council. The private industry councils shall be
certified pursuant to Sec. 628.410 of this chapter, Private Industry
Council.
(j) Grievances, investigations, and hearings. Generally, all
grievances, investigations and hearings pending on or before June 30,
1993 should be resolved and settled under prior rules and procedures.
Grievances, investigations, and hearings occurring on or after July 1,
1993 will be governed by the procedures described in subparts E, F, and
H of this part 627.
(k) Summer program. (1) The Title II-B Summer Youth Employment
Program for 1993 shall be governed by the Act and regulations in effect
prior to the Amendments (prior to September 7, 1992).
(2) Up to 10 percent of the 1993 title II-B funds available may be
transferred to the title II-C program.
(l) SDA designation. At the Governor's discretion, SDA's designated
prior to July 1, 1992 need not be subject to the provisions of
Sec. 628.405, Service delivery areas.
(m) Program implementation. The implementation by the States and
SDA's of certain new program design requirements, particularly objective
assessment and development of individual service strategies (ISS), may
require additional time to fully implement beyond July 1, 1993.
Reasonable efforts to implement the provisions of Secs. 628.515,
628.520, and 628.530. as soon as possible after July 1, 1993, are
expected to be made. However, it is not expected that every new
participant will initially receive objective assessment, ISS, and
referral to non-title II services for a period of 6 months, or until
January 1, 1994.
(n) Out-of-school youth ratio. The 50-percent out-of-school
participants requirement for title II-C will be phased in during PY 1993
and will not be the subject of compliance review until PY
1994, beginning July 1, 1994. During PY 1993, however, SDA's must show
significant improvement in the proportion of out-of-school youth being
served and performance in increasing the service ratio will be monitored
by the States and DOL during this implementation period.
(o) Administrative issuances. Other implementation issues may be
handled by administrative issuance. ETA will transmit such guidance
directly to all Governors via a Training and Employment Guidance Letter
(TEGL). Such TEGL's will be published as Notices in the Federal Register
(section 701(i)).
