References: JTPA Title II Eligibility Documentation, A Technical Assistance and Training Series, U.S. Department of Labor, Employment and Training Administration 1993. Training and Employment Information Notice (TEIN) 22-92, Change 1. Background: The Eligibility TAG was issued in conjunction with Training and Employment Information Notice (TEIN) 22-92. There were some minor changes made requiring pen and ink corrections, in Change 1 dated June 28, 1993. Action: State JTPA liaisons should inform all TAG holders of the revisions.

Background: Form ETA 9038 is used by grantees who have been awarded Job Training Partnership Act (JTPA) Title III National Reserve, Defense or Clean Air discretionary funds to serve dislocated workers. Grantees are required to report concerning their expenditures and services as a condition of the receipt of grant funds.

References. DINAP Bulletin No. 94-13 Background. a. This bulletin provides the final list of grantees eligible for travel and per diem reimbursement for one staff person to attend the subject conference (reference DINAP Bulletin No. 94-13 for additional details). b. As stated in DINAP Bulletin No. 94-13, grantees eligible for reimbursement should register for the conference immediately, if they have not already done so. The TAT contractor, ACKCO, Inc., will provide the appropriate travel reimbursement forms at the conference. There will be a 90-day limit on receipt of reimbursement claims in order to facilitate contractual obligations. c. Reimbursement will cover transportation expenses (airfare, mileage, parking, taxis, etc.), lodging expenses, meals and incidental expenses, and conference registration fees. Penalties for late registration WILL NOT be reimbursed. Expenses for rental cars and telephone calls WILL NOT be reimbursed. Federal travel rates in effect at the time of the conference will be applied to all reimbursement claims. Action Required. Grantees listed on the attached list should immediately register for the conference (if they have not already done so), according to the conference planning committee instructions sent to all section 401 grantees. Questions. Questions should be addressed directly to ACKCO, Inc., on 1-800-525-2859.

References: Titles I and II of the Emergency Unemployment Compensation Act (EUC Act) of 1991 (Public Law 102-164), as amended by P.L. 102-182, P.L. 102-244 and P.L. 102-318; the FSEUCA of 1970, as amended by P.L. 102-318; Section 231(a)(4) of the Trade Act of 1974; GAL 10-92; GAL 12-92 (57 Fed. Reg. 54106); UIPL 9-92 and Changes 1-5; UIPL 45-92 (57 Fed. Reg. 47871, 47873); 20 CFR Part 615; ET Handbook 392; ET Handbook 399. Background: Public Law 102-318 amended several sections of the EUC Act of 1991 and the FSEUCA. However, this letter will focus on the provisions that are effective with respect to weeks beginning after March 6, 1993. The suspension of the eligibility and requalification requirements of Section 202(a)(3) and (4) of FSEUCA that apply to claims for EUC effective with respect to weeks beginning after March 6, 1993, requires the determination and payment of EUC differently during the remaining period of the program. The suspension of the eligibility and requalification requirements of Section 202(a)(3) of FSEUCA also applies to claims for TRA in the same manner as the suspension affecting EUC claims. The effect of the suspension of these requirements on the eligibility of previously disqualified EUC and TRA claimants makes it necessary for the State agency to provide affected claimants with an additional claimant notification of potential eligibility. Controlling Guidance: The provisions of P.L. 102-318, as interpreted in these EUC and TRA operating instructions are issued to the States and cooperating State agencies as guidance provide by the Department of Labor in its role as the principal in the EUC and TRA programs and supplements GAL 12-92 (57 Fed. Reg. 54106). As agents of the United States, the States and cooperating State agencies may not vary from the operating instructions in this document (or subsequent or supplemental operating instructions) without the prior approval of the Department of Labor. Suspension of the Suitable Work and Systematic Work Search Provisions of Section 202(a)(3) of FSEUCA: Section 202(a)(7) of FSEUCA suspends the requirements of Sections 202(a)(3) of the FSEUCA, as amended, and prohibits the application of State law provisions in conformity with such provision to weeks beginning after March 6, 1993 and before January 1, 1995. Section 231(a)(4) of the Trade Act of 1974 applies the provisions of Section 202(a)(3) of the FSEUCA to TRA claimants for each week of unemployment that the claimant is not enrolled in a training program approved under Section 236(a) of the Trade Act of 1974. Therefore, for weeks of unemployment during the period of the suspension of such requirements, State law provisions applicable to claims for regular benefits will apply to claims for EUC and TRA. The suspension of this requirement is effective for weeks of unemployment beginning after March 6, 1993 for claims filed under the EUC Act of 1991, as amended, the Trade Act of 1974 and the requirements of the FSEUCA, as amended, without regard to whether or not the State law in conformity with the provision has been amended to implement the requirements of Section 202(a)(7) of FSEUCA. To implement the suspension of the requirements of Section 202(a)(3), FSEUCA, State agencies must identify each affected EUC and TRA claimant with an existing disqualification, under provisions of State law in conformity with the provisions of Section 202(a)(3), FSEUCA, and Section 231(a)(4) of the Trade Act of 1974, and EUC claimants in continued claim status, and notify each such claimant of the change in eligibility requirements for weeks of unemployment beginning after March 6, 1993. During the period of the suspension of the requirements of Sections 202(a)(3) FSEUCA, the requirements of paragraph (2) of Section 202(a), FSEUCA, which reads as follows will apply: Except where inconsistent with the provisions of this title, the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof shall apply to claims for extended compensation and to the payment thereof. Therefore, under the requirements of Section 202(a)(2), FSEUCA, States are required to apply the provisions of State law applicable to claims for regular compensation to claims for EUC and TRA in lieu of the State law requirements in conformity with Section 202(a)(3), FSEUCA. Hence, the continuing eligibility requirements pertaining to work search, suitable work, ability to work, availability for work and ES registration that apply to claims for regular compensation, apply to claims for EUC and TRA for weeks of unemployment beginning after March 6, 1993 and before January 1, 1995. A. Existing EUC Disqualifications. The suspension of the requirements of Section 202(a)(3), FSEUCA, means that all outstanding EUC and TRA disqualifications under State laws in conformity with such provisions do not apply to weeks of unemployment beginning after March 6, 1993. Therefore, all claimants disqualified under such State law provisions may have EUC or TRA eligibility for weeks of unemployment beginning after March 6, 1993 if they meet the requirements of State law provisions applicable to regular compensation and other requirements of the EUC Act or the Trade Act of 1974, as applicable. (1) Existing Work Search Disqualification. In the cases of individuals with disqualifications for failure to satisfy the systematic and sustained work search requirement, these denials do not apply to weeks beginning after March 6, 1993. The removal of the EUC or TRA denial and determination that the claimant is eligible under the State law applicable to claims for regular compensation does not constitute a countable nonmonetary determination. B. Existing Disqualifications for Failure to Accept a Referral to or an Offer of Suitable Work. In the cases of individuals with disqualifications for failure to accept a referral to or an offer of suitable work, these denials do not apply to weeks beginning after March 6, 1993. These cases will have to be reviewed to determine if the application of provisions of State law applicable to claims for regular compensation results in an eligible or ineligible determination. If the review results in a determination that no issue exist under State law, such decision does not constitute a countable nonmonetary determination. If the review of the case results in a disqualifying determination under State law, it is a countable nonmonetary determination. C. ES Registration and Work Search Requirements. The suspension of the requirements of Sections 203(a)(3), FSEUCA, eliminates the Job Prospects Classification and ES registration requirements for EUC and TRA claimants. Therefore, for weeks of unemployment beginning after March 6, 1993 the work search, ES registration and suitable work requirements for TRA and EUC claimants will be in accordance with the State law provisions applicable to claimants for regular benefits. Suspension of the Subsequent Work Requalification Requirement of Section 202(a)(4), FSEUCA: Section 202(a)(7) of FSEUCA suspends the requirements of Section 202(a)(4) of the FSEUCA, as amended, and prohibits the application of State laws in conformity with such provisions to weeks of unemployment beginning between March 6, 1993 and January 1, 1995. Therefore, for weeks of unemployment during the period of the suspension of such requirements, the requalification requirements of State law applicable to claims for regular benefits will apply to claims for EUC. The suspension of Section 202(a)(4) of FSEUCA has no affect on TRA claimants as it does not apply to such claims. To implement the suspension of the requirements of this provision, States must identify affected claimants with existing disqualifications and notify the claimants of the change in eligibility requirements for weeks of unemployment beginning after March 6, 1993. If a claimant who was previously disqualified under provisions of State law in conformity with Section 202(a)(4), FSEUCA, initiates a claim for EUC for a week beginning after March 6, 1993, the State must review the facts of the disqualifying issue under the State law applicable to claims for regular benefits. If no claim is filed after March 6, 1993, no review is necessary or appropriate. If the review results in a determination that no issue exists under State law, such decision does not constitute a countable nonmonetary determination. If the review results in a disqualification under State law provisions applicable to claims for regular benefits, such determination is a countable nonmonetary determination. A. EUC Disqualifications Based on Prior Termination of Regular Benefit Disqualifications Without a Subsequent Work Requirement. If a provision of State law applicable to claims for regular benefits terminates a disqualification for voluntarily leaving employment, being discharged for misconduct, or refusing suitable employment without a requirement for employment/earnings subsequent to the date of the disqualifying act or determination, such provision of State law applies to claims for EUC for weeks of unemployment beginning after March 6, 1993 and before January 1, 1995. Therefore, if a claimant has been denied EUC due to a prior regular benefit disqualification that was not required to be terminated by subsequent work, the eligibility of such claimant must be redetermined for weeks beginning after March 6, 1993. If the claimant has satisfied the State law requirements for requalification for regular benefits, the claimant will be eligible for EUC, as appropriate, for weeks beginning after March 6, 1993 if all other eligibility requirements are met. The determination that a claimant has satisfied the applicable requalifying requirements and is eligible for EUC does not constitute a nonmonetary determination. If the review results in a disqualification under State law applicable to claims for regular benefits, the determination is a countable nonmonetary determination. B. EUC Disqualifications for a Separation or Job Refusal that Occurred During the EUC Claim. In a case where a review of the facts of the issue under the applicable State law results in no disqualification or a lesser requalification requirement, the State must determine if the requirement has already been satisfied. When the review results in the removal of the disqualification or the lesser requalification requirement has already been satisfied, the removal of the disqualification does not constitute a countable nonmonetary determination. When the lesser requalification has not been satisfied, a redetermination under the appropriate State law will be issued and does constitute a countable nonmonetary determination. In cases where the review of the facts under State law applicable to the issue results in a greater requalification requirement, a redetermination will be issued under the appropriate State law and does constitute a nonmonetary determination. C. Existing EUC Disqualifications Satisfied Prior to a Claim for a Week Beginning After March 6. Without regard to the date of the determination that the requalification requirements of a prior disqualification has been met, in cases where there is an existing disqualification and the claimant has met the requalification requirements prior to claiming a week of unemployment beginning after March 6, no readjudication of the issue under State law applicable to regular claims will occur. The claimant will be eligible for EUC, as appropriate, if all applicable eligibility requirements are met. Suggested Language for Claimant Notice: Our records indicate that you were denied Emergency Unemployment Compensation (EUC) or Trade Readjustment Allowance (TRA) under provisions of (State) law, that are applicable to the payment of extended benefits as required by the Emergency Unemployment Compensation Act of 1991 or the Trade Act of 1974. Effective for weeks of unemployment beginning after March 6, 1993, amendments to Federal law require that (State) suspend the application of the State law provisions that apply to claims for extended benefits; and instead, determine eligibility under the same provisions of State law that are applied to claims under the regular State unemployment benefits program. The EUC or TRA disqualifications affected by this law change were issued for: -- Failure to conduct a sustained and systematic work search, -- Refusal of a suitable job or referral to suitable work, -- Disqualifying separations from employment for voluntary leaving a job or discharges. If you are still unemployed, you may be eligible to receive EUC for weeks beginning after March 6, 1993. To allow us to reassess your eligibility for EUC or TRA benefits, report to the office where you filed your claim. Note: If your case involves a disqualifying separation from employment or a refusal of suitable work or a referral to suitable work while receiving EUC, the application of the State law provisions for regular State unemployment benefits may be more severe than the State law provisions for extended benefits. Administrative Funding: State agencies will receive additional administrative funds to notify and reassess the eligibility of individuals whose prior disqualifications are affected by the suspension of the requirements of Sections 202(a)(3) and (4), FSEUCA. Staffyears earned for reassessing the eligibility of those claimants who reopen EUC or TRA claims as a result of the notice but who receive no new nonmonetary determination will be computed by using an MPU value of no more than 20 minutes. States have the option to use a lesser value MPU if they deem it appropriate. This information should be included on line 13 of the regular UI-3 worksheet, Section B. Staffyears used for this activity should be included on line 1, Section A. Staffyears will not be separately reported for the identification and notification process. If a reportable nonmonetary determination under State law applicable to regular claims results from the reassessment, no additional staff-year earnings (using the 20 minute MPU) are to be reported on the UI-3. Action Required: State Administrators are requested to make a copy of this letter available to all appropriate staff.

References. 41 CFR Part 301-4; Federal Register/Vol.59, No. 247/Tuesday, December 27, 1994, page 66626, attached. Background. The General Services Administration is required by law to periodically investigate the cost of operating privately-owned vehicles for official travel and report the results of these investigations to Congress. Action. Effective January 1, 1995, grantees are authorized to reimburse at the increased mileage rate of 30 cents per mile for allowable JTPA travel. Questions. Contact your DINAP Federal Representative.

Action Required: SESA Administrators are requested to provide the attached Directories to appropriate staff.

References: JTPA Interim Final Regulations published on December 29, 1992; TEIN No. 16-92; TEGL No. 2-92; TEGL No. 4-92; and TEGL No. 6-92. Background: Public Law 102-367, dated September 7, 1992, established major revisions to JTPA. Section 701(i) of Public Law 102-367 permits the Department to "establish such rules and procedures as may be necessary to provide for an orderly implementation of the amendments...." Interim final rules published December 29, 1992, provide policy on transition to the new requirements at 20 CFR 627 Subpart I. The JTPA Amendments of 1992 made significant enhancements to program requirements and administrative systems. The regulations state that transition activities will be accomplished during the balance of Program Year (PY) 1992 in order to fully implement the Amendments on July 1, 1993, unless otherwise stated. Comments on the interim final rule have indicated considerable concern with the transition provisions. The anticipated expansion and enrichment of the Title II-B program for the upcoming summer has also prompted a reexamination of transition provisions. Accordingly, pursuant to the authority provided by Section 701(i) of Public Law 102-367, this issuance provides rules and procedures which the Department finds necessary to provide for the orderly implementation of the Amendments. It is intended that these guidelines may be relied on by States and SDAs. The Department will issue conforming amendments to the JTPA Interim Final Regulations as soon as possible. Program Implementation: The Department recognizes that implementation by the States and SDAs of the new program design requirements, particularly objective assessment and development of the individual service strategies (ISS), may require additional time to fully implement beyond July 1, 1993. The Department intends that the program design changes be undertaken in a manner which ensures the long term quality of service delivery in JTPA. Reasonable efforts to implement the provisions of 20 CFR 628.515, 628.520, and 628.530, objective assessment, individual service strategy, and referrals of participants to non-Title II services as soon after July 1, 1993 as possible, are expected to be made. However, all new participants will not be expected to initially receive such services until January 1, 1994. The Department acknowledges that the quality of those activities is expected to be improved and refined during PY 1993, as are all aspects of the JTPA program. Monitoring of the program aspects of the Amendments during PY 1993 by all levels of the JTPA system, including the Department, should focus heavily on improving service quality. In determining compliance with the program design requirements during PY 1993, the grant officer will consider the extent to which the States and SDAs have made good faith efforts to implement the new provisions during PY 1993. Immediate action: In order to make the transition from the old to the new requirements, the JTPA Regulations at 20 CFR 627.902 identified actions that must be accomplished by the Governor prior to July 1, 1993. These actions cover four major areas: (a) Funding; (b) Participants; (c) Procurement; and (d) Reporting. a. Funding Effective July 1, 1993, PY 1993 funds must be administered in accordance with the new legislation and regulations. PY 1992 funds unexpended on June 30 may be expended after July 1 to serve "grandparented" participants under "old" rules, or they may be expended after July 1 to serve "new" or "old" participants under new rules. Whatever amount is used under the "old" rules is to be reported on the "old" reporting form. Whatever amount is used under the "new" rules is to be reported on the "new" reporting form. There will be an increase allowed in the administrative cost limitation for PY 1992 funds from 15 percent to 20 percent, with a corresponding adjustment to the other cost limitations. Specifically, not less than 80 percent of Title II-A funds may be expended for training and participant support, and not less than 65 percent may be expended for training. Any unexpended PY 1992 funds to be used after June 30, 1993, may be used according to the "old" rules (20 CFR 626 et al., published September 22, 1989) so long as these funds are used to provide training to participants who were enrolled on or before June 30, 1993. When all such participants are terminated, remaining unspent funds must be used and accounted for in accordance with the rules implementing the 1992 Amendments. States and SDAs should identify PY 1992 and earlier funds that will be used in PY 1993 for programs operating under the new Amendments. Of these funds, not less than 40 percent, or the rate approved by the Governor as established under Section 203(b)(2), must be used in PY 1993 as Title II-C funds to provide services to eligible youth. The cost limitations, cost classifications, and allowable costs requirements in the 1992 JTPA Amendments apply to these funds. The Interim Final Regulations provide that administrative cost pool funds must be allocated on the basis of benefits received, rather than the past practice in some States and SDAs of allocating costs on the basis of proportionate fund contribution to the pool. Many commentors viewed this as unduly restrictive. It is important to note that States, in setting policy in this area, may apply whatever allocation methodology is in accordance with generally accepted accounting practices and is acceptable to its auditors. Pursuant to TEGL 2-92, any available section 202(b)(3) PY 1992 or earlier "6 percent" funds may be used to develop and implement data collection and management information systems to track the program experience of participants. The JTPA Amendments of 1992 provide SDAs with the option to transfer funds between the "Parts" within Title II. For the PY 1993 planning process, SDAs may use available PY 1992 and earlier Title II-A funds for Titles II-A and Title II-C purposes in PY 1993, and may also transfer PY 1993 Title II-A, II-B, and II-C funds to Titles II-A and II-C. Guidance that address this was issued separately in TEGL No. 6-92. b. Participants "Grandparenting" Participants Participants enrolled in JTPA programs prior to July 1, 1993, may continue to be served under the "old" rules and regulations. As previously noted, all new Title II-A and II-C participants enrolled after January 1, 1994, must be served under the requirements of the 1992 JTPA Amendments, e.g., assessment, ISS, and referral. The 65 percent barrier requirement for Titles II-A and IIC, however, will apply to all participants newly enrolled after June 30, 1993. The 50 percent out-of-school participants requirement at 20 CFR 628.803(h) will not be the subject of compliance review until the period following July 1, 1994. During PY 1993, however, SDAs must show improvement in the proportion of out-of-school youth being served and ETA and States will monitor performance in increasing the proportion. The Interim Final Regulations call for all participants to come under the requirements of the Amendments as of July 1, 1994. Final Regulations will allow participants on board prior to July 1, 1993 to continue service under the old arrangements until they terminate, which may be after June 30, 1994. c. Procurement Section 627.904(e) of the Interim Final Regulations states that "All procurements initiated on or after July 1, 1993, shall be governed by and follow the requirements in 20 CFR 627.420...." Initiation of a procurement, for purposes of this section, is considered to be either the award of a sole source grant/contract, the award of a small purchase contract or the issuance of an Invitation For Bid or Request For Proposal. In accordance with 20 CFR 627.905, contracts, awards, and agreements entered into on or before June 30, 1993, are to be used to serve only participants enrolled on or before June 30, 1993, unless the contracts, awards and agreements are modified to comply with the new amendments and regulations. d. Reporting Financial Reports States/SDAs may continue to use PY 1992 money for grandparented participants under old requirements, or PY 1992 funds may be used for new participants under new requirements. PY 1992 money used to implement the 1992 Amendments will be reported on the new Title II financial report format, and will be subject to the new financial management requirements. States will continue to report on the JTPA Annual Status Report (JASR), as usual, PY 1992 and earlier money that is not used to implement the 1992 Amendments. Reporting instructions for PY 1993 are forthcoming. As soon as OMB approval has been secured, the Department will issue instructions for the new fiscal reports. PY 1992 and earlier funds used for PY 1993 activity will assume PY 1993 characteristics and cost limitations and audit requirements. They will not, however, lose their appropriation identity. These funds will be reported separately on the new financial report under new cost categories in accordance with the reporting instructions issued for PY 1993 funds. Participant Reporting All current annual and semi-annual reporting requirements for Title II and Title III will continue until full implementation of the Standardized Program Information Reporting (SPIR) system. Full SPIR implementation is required for PY 1993, beginning July 1, 1993. For PY 1992, a dual system of participant reporting will be required as follows: (1) PY 1992 aggregate data required in the JASR and Worker AdJustment Program Annual Program Report (WAPR) will be reported no later than August 15, 1993; and (2) SPIR participant reports for all individuals terminating during PY 1992 will be reported no later than November 15, 1993. Reports will contain, at a minimum, that information needed to complete the JASR and WAPR. Title II-B information will be reported on the JTPA Summer Performance Report. Additional requirements may be added, depending on the proposed summer supplemental. Other Issues of Immediate Concern: a. State Human Resource Investment Council (HRIC) Pursuant to Section 701 of the JTPA as amended, States may establish an HRIC that would supersede and replace the State Job Training Coordination Council and other State councils. Section 703(c) provides that a State electing to establish an HRIC shall certify to the Secretary such establishment at least 90 days before the beginning of the 2-program year planning period. The 2-year period for the next State and local plans begins July 1, 1994. Therefore, an HRIC may be established now, or at any time during PY 1993. The certification for the HRIC is required 90 days prior to July 1, 1994. b. Instructions necessary for SDAs to operate the 1993 summer Program There is contradictory language in the Interim Final Regulations at 20 CFR 627.902(j) and 627.904(k). The calendar year 1993 Title II-B Summer Youth Employment and Training Program will be governed by the Act and regulations in effect prior to the 1992 JTPA Amendments pursuant to 20 CFR 627.904(k). Additional guidance will follow related to the proposed summer supplemental. c. Capacity building and technical assistance The JTPA Amendments of 1992 made capacity building and technical assistance priorities at the National, State and local levels. Governors are encouraged to use Section 202(c)(1)(B) funds to develop a Statewide capacity building and technical assistance strategy, including provisions for SDAs in State planning. Funds may be used for capacity building purposes beginning July 1, 1993. Consideration should be given to directing resources and/or training directly to staff of SDAs and local service providers. Other coordinated capacity building arrangements, including cost-sharing approaches, should also be considered. d. Performance standards Consistent with the transition provisions in Section 701, implementation of new performance standards requirements will begin on July 1, 1994 (PY 1994). Until that time, current requirements pertaining to measures and applications (i.e., adjustments, incentive awards, and imposition of sanctions) will remain in effect. Therefore, for calculating PY 1992 SDA performance on the post program performance employment and earnings measures, States are to use the PY 1992 JASR follow-up information (based on the first three quarters of PY 1992 and the fourth quarter of PY 1991). A similar procedure will be used for PY 1993 (using the first three quarters of PY 1993 from the August 15, 1994 SPIR and the fourth quarter of PY 1992 derived from the November 15, 1993 SPIR). This is consistent with the procedures used since the inception of post program measures. e. Grievances The transition provisions contained in the Interim Final Regulations appear to imply that "new" grievances procedures are required at the State and SDA levels as a result of the JTPA Amendments of 1992. This is not really the case. The basic requirements at Section 144 of the Act, to have and maintain a JTPA grievance procedure for complaints and alleged violations of the Act and regulations, were not changed by the Amendments. The Amendments revised Section 144 by adding new subsections which apply to the handling of alleged Section 143 labor standards violations. The States and SDAs will need to modify their grievance procedures accordingly to cover such complaints. Complaints and grievances will continue to be handled in accordance with established grievance procedures, except as modified by the changes in the Amendments to Section 144, and other minor revisions set forth at Subparts E, F, and H of the Interim Final Regulations. f. Coordination Requirements New coordination and linkage requirements are expected to be developed during PY 1993 so as to constructively impact the planning and coordination of PY 1994-95 activities under Titles I, II and III. g. Plans Modifications The Interim Final Regulations call for the modification of State and local job training plans. The plans need to reflect only those programmatic revisions which are necessary to implement the requirements that take effect on July 1, 1993 or during PY 1993. The plans must also reflect provisions for the new coordination requirements for local adult and youth programs which must be in place during PY 1993. h. SDA redesignation Policies for the designation of SDAs need not affect SDAs prior to the designations for PY 1994. It is expected that these policies will apply to SDA designations prior to the 1994-1995 program year Period . Action: States should ensure that transition activities are consistent with this guidance.

References: Chapter IV, Section 6, and Chapter V, Section 1, ET Handbook No. 391. Background: Recently, the Office of Personnel Manage-ment issued official 1995 pay tables authorized by the President reflecting new pay raises for GS employees. Preliminary information was previously provided in UIPL No. 11-95, dated January 5, 1995. Instructions: Replace the attachments to UIPL 11-95 with the attachments provided in this directive. Action Required: SESAs should provide copies of this directive to appropriate staff engaged in UCFE claims activities and other staff who were provided a copy of UIPL 11-95.

References. a. JTPA Regulations at 20 CFR Part 632. b. DINAP Bulletin 85-15, Administrative Cost Limit. c. DINAP Bulletin 86-9, Administrative Cost Pool. d. DINAP Bulletin 86-10, Linkages and Program Coordination. e. DINAP Bulletin 87-27, Technical Assistance Guide on Linkages and Program coordination. f. DINAP Bulletin 88-20, Administrative Requirements for DOL Grantees. g. DINAP Bulletin 90-24, Instructions for Completing PY 1991 Comprehensive Annual Plan. h. DINAP Bulletin 91-6, Reading Assessment for JTPA Title IV-A Programs. i. DINAP Bulletin 91-22, Instructions and Reporting Requirements. j. DINAP Bulletin 92-15, Job Training Reform Amendments of 1992. Information. a. General. A new Comprehensive Annual Plan (CAP) must be submitted to obtain funding for Program Year (PY) 1993, which is the third year under the current four year Master Plan agreement. Where applicable, a new Summer Plan (SP) for the summer of 1993 must also be submitted. A Master Plan is not required to be submitted. However, modifications to the Master Plan may be submitted when required. The Master Plan instructions set forth in DINAP Bulletin 90-24 should be followed for this purpose. b. Special Instructions. The documents referenced in Section 2, above, are to be used as appropriate in the preparation of the PY 1993 CAP and CY 1993 SP. Follow the Budget Information Summary (BIS) and Program Planning Summary (PPS) instructions in DINAP Bulletin 91-22. Follow the reporting instructions in DINAP Bulletin 91-22. c. Common Errors to Avoid. over the years, certain kinds of errors in the CAP and SP have appeared repeatedly. Grantees should be especially careful to avoid these errors. This will enable DINAP to facilitate the processing of CAPs and SPs and thereby prevent delays in funding. The kinds of errors of concern are listed below: -- The required number of copies of forms are not submitted. -- Required original signatures are missing. -- Arithmetic and data errors appear in the Budget Information Summary and Program Planning Summary. Dates are often wrong. The numbers often do not agree with the narrative. -- Forms are signed by unauthorized person(s). -- The signature is in the wrong block of the signature sheet. -- Irrelevant and unrequited material is submitted, e.g., job descriptions and personal histories of administrative staff, descriptions of accounting systems, etc. -- The signature sheet is used to convey information that should properly be sent in a letter. -- The numbers used in calculating performance standards are inconsistent with the numbers used in the Budget Information Summary and Program Planning Summary. -- Instructions for completing the narrative are not followed. d. Carry-in Policy. The carry-in policy is as follows: (1) Twenty percent of total available Title IV-A funds can be carried in from PY 1992 to PY 1993.* (2) Twenty percent of total available Title II-B funds can be carried in from the 1993 Summer Title II-B program to the 1994 Summer Title II-B program.* (3) The vast majority of grantees have managed their Section 401 grants in a manner that has kept their carry-in at 15 percent or less of the total available Section 401 funds. Grantees are aware of the fact that there are thousands of Native Americans who need help immediately and to carry in funds is to neglect the immediate needs of these people. Every effort should be made to keep carry-in down to an absolute minimum amount. *Total available funds for any funding period are defined as new money allocated for that funding period plus allowable carry-in from the prior funding period. This is the figure reflected on line II of the BIS from which the 15 percent carry in limit is calculated. e. Modification Policy for Program Year 1993. Attachment D contains the procedures for submitting modifications. f. Policy on the Use of Employability Development Plans and Testing Assessment. As was stated in DINAP Bulletin 90-24, the revisions previously introduced in the Section 401 Performance Standards System mandate that each grantee adopt a system that will capture the data necessary to document individual participant enhancements. To record increases in employability and to track participant progress, it is still Departmental policy to encourage grantees to adopt and use some form of employability development plan which fulfills these data needs. Additional insights about the enhancement measure can be obtained from DINAP Bulletin 91-6, which also provides additional guidelines for test administration and other participant assessment practices. g. Performance Management Goals for PY 1993. The effects of performance standards on program design, service delivery and participants served have drawn increased public attention within the JTPA system, and particularly within the grantee community. For this reason, current performance measures were reviewed for their contribution to advancing current Departmental policy as part of a lengthy process of consultation with the Native American Advisory Committee and the Performance Standards Technical Work Group. Program objectives developed jointly with the Native American Advisory Committee support Departmental goals set for the JTPA employment and training programs and, in addition, include goals relevant to the JTPA Section 401 program. As a result of this consultative process, performance standard revisions were proposed to support the following ETA and JTPA Section 401 program goals: -- Targeting services to a more at-risk population. -- Improving the quality and intensity of services that lead to long-term employability and increased earnings. -- Placing greater emphasis on basic skills acquisition to qualify for employment or advanced education and training. -- Promoting comprehensive coordinated human resource programs to address the multiple needs of at-risk populations. -- Advancing the economic and social development of Indian and Native American communities in ways that promote each community's goals and lifestyles. -- Designing and implementing a system that is objective, equitable and understandable to the Indian and Native American JTPA grantee and one which provides a standard of accountability for program performance. h. Regulations Implementing the Job Training Reform Amendments of 1992. The Department expects that final regulations for Section 401 will be published before July 1, 1993. Should the regulations not be published in final until after July 1, 1993, the statutory Amendments applicable to all programs under the Act must still be implemented on July 1. These include prohibitions against using JTPA funds for economic development/employment generating activities, restrictions on using JTPA funds to serve plants which relocate, changes in program income and on-the-job training, and nondiscrimination requirements. The remaining changes in the final regulations, should they not be published until after July 1, shall be implemented as soon as practicable after the publication date of the regulations. Guidance on these changes will be provided through technical assistance bulletins and workshops. For the Title II-B Summer Youth program, grantees which receive Title II-B funds will comply with the current regulations set forth at 20 CFR 632.250 through 632.263 for the Summer of 1993. The revised regulations will apply to the Title II-B program of 1994. i. Community Benefit Performance Measure. This measure has been deleted from the Performance Standards system because it may conflict with the prohibition on the use of JTPA funds for economic development in the JTPA Amendments. Very limited use of this measure has been made by grantees in the past. Action. Grantees must follow the instructions in this bulletin in preparing their PY 1993 CAPs and, where applicable, CY 1993 SPs. They should be mailed to the following address: Herbert Fellman, Chief Division of Indian and Native American Programs 200 Constitution Avenue, N.W. Room N-4641 Washington, D.C. 20210 ATTENTION: CAP/SP/Desk PLAN DUE IN DINAP DOL APPROVAL BY SP* March 31, 1993 May 14, 1993 CAP April 16, 1993 June 18, 1993 *Grantees who need an early approval of their SP should submit the SP well in advance of submitting the CAP. Questions. Contact your DINAP Federal Representative.

References: TEGL No. 2-94: "Dual Enrollment of Trade-Impacted Workers in Job Training Partnership Act (JTPA) Title III and Trade Adjustment Assistance (TAA) Programs, and Application Procedures for Funding for Special Projects," dated August 19, 1994; GAL No. 7-94: "Operating Instructions for Implementing the Amendments to the Trade Adjustment Assistance for Workers Program in Title V of the North American Free Trade Agreement (NAFTA) Implementation Act," dated December 28, 1993 (including the Attachment, "Statement of Administrative Action" which accompanied the North American Free Trade Agreement (NAFTA) Implementation Act); and TEGL No. 7-93: "Transitional Adjustment Assistance Provisions Related to the Implementation of the North American Free Trade Agreement (NAFTA)," dated April 19, 1994. Dual Enrollment: As discussed in TEGL No. 2-94, dual enrollment of dislocated workers in Trade Adjustment Assistance (TAA) and Title III programs is a valuable program practice which can provide a real opportunity to improve the quality of services and increase customer satisfaction for Trade participants. To encourage and support this program coordination, copies of every TAA and NAFTA- TAA petition received by the Department of Labor will be provided to the appropriate State Title III Dislocated Worker Unit for information and follow-up. Further, as provided for in TEGL No. 2-94 and revised in this Change 1, State JTPA Liaisons may request Title III National Reserve Account funds when needed to support establishment and/or expansion of dual enrollment efforts. NAFTA Impacted Workers: During the debates on the North American Free Trade Agreement, and as described in the "Statement of Administrative Action," the Administration had committed to provide effective readjustment assistance to workers impacted by NAFTA. This commitment for effective assistance under both NAFTA-TAA and Title III programs is discussed in GAL No. 7-94 and TEGL No. 7-93. States are encouraged to enroll all trade-impacted dislocated workers, especially those affected by NAFTA, in the Title III program to ensure that the workers have access to all the services needed to help them get a new job. This includes workers certified under TAA and NAFTA-TAA, as well as other trade-impacted workers who are not eligible for assistance under NAFTA-TAA, as explained in TEGL No. 7-93. Special Projects: In addition to broadening the dual enrollment efforts described in TEGL No. 2-94, the Department is making available Title III national reserve account funds for special projects to help workers dislocated as a result of NAFTA, as well as those being served under TAA. The original application deadline for special project funding requests under TEGL No. 2-94 of December 31, 1994 is extended until further notice. These Special Project funds can be used to: 1) improve coordination between the programs and increase the number of TAA or NAFTA-TAA certified workers being dual enrolled; 2) expand the services and benefits available for workers certified under TAA or NAFTA-TAA; or 3) provide services to NAFTA- impacted workers dislocated from secondary firms. The abbreviated application procedures, the Title III/TAA Special Project Assurances, Special Project Implementation Schedule Template, and Special Project Cumulative Quarterly Budget Projection Template which were attachments to TEGL No. 2-94 have been further streamlined and revised. The revised versions are attachments to this Change 1 and should be used to request funds for special projects described above. Action: a. Recipients of this TEGL should make it available to appropriate JTPA and TAA officials throughout the State and substate dislocated worker system, and encourage efforts aimed at dual enrollment and program coordination. b. Applications for funds for dual enrollment and/or NAFTA- impacted workers should be prepared in accordance with guidance in the attachments, and mailed to: Office of Grants and Contracts Management, Division of Acquisition and Assistance, Employment and Training Administration, U. S. Department of Labor, Room S-4203, 200 Constitution Avenue, N.W., Washington, D.C. 20210, Attention: Dislocated Worker Grants, Barbara J. Carroll, Grant Officer. A copy of the application should also be submitted to the appropriate Regional Office. Applications are currently being accepted and can be submitted until further notice.