References: UIPL 45-92, dated August 20, 1992; UIPL 17-95, dated February 28, 1995; UIPL 30-96, dated August 8, 1996; and UIPL 37-96, dated August 8, 1996. Background: The Department of Labor interprets Federal law requirements pertaining to UI as part of its role in the administration of the Federal-State UI program. These interpretations are issued in UIPLs. This UIPL is issued to correct several technical errors which the Department has identified in four UIPLs. No Departmental interpretation of Federal law is changed by this UIPL. Technical Changes: a. UIPL 45-92: On page 23 of the Attachment I to the UIPL, in the first sentence of the third full paragraph, "new subsection (t) of Section 3306, FUTA" is changed to "Section 401(d)(1) of P.L. 102-318". b. UIPL 17-95: In Item 4.b. on page 2 of the UIPL, the word "voluntarily" is substituted for "voluntary" in the quote of Section 3304(a)(18), FUTA. In item 4.g. on page 7, first paragraph, the phrase "must be permitting the withholding Federal income tax" is changed to read "and the States must be permitting the withholding of Federal income tax". Also in item 4.g., the words "voluntary holding" in the second sentence of the third paragraph are changed to "voluntary withholding" and the words "as for payments" are changed to "for payments". c. UIPL 30-96: In the second sentence of the footnote on page 2 of the UIPL, "two cases involving UC" is changed to "two cases involving UC law." This change is made because characterizing the court cases in question as "involving UC" may imply that they addressed the payment of UC. Instead, they addressed the taxing provisions of Federal UC law. These taxing provisions are, however, entwined with the issue of coverage which UIPL 30-96 addresses. d. UIPL 37-96: Two changes are made to the draft language on page 13 of the UIPL relating to the intercept of food stamp overissuances. In Section 1(a) the words "child support obligations" are changed to "an uncollected overissuance of food stamps". In Section (1)(c), the word "of" is changed to "to". Also, on page 14, in the last sentence of item 10 of the UIPL, the first of the two appearances of the word "is" is deleted. Action Required: Please alert appropriate staff of these technical changes. Pen and ink changes should be made to the above referenced UIPLs as indicated.

References: Older Worker Bulletin 93-10, Eligibility of Amnestied Aliens; and Older Worker Bulletin 96-5, Minimum Eligibility Documentation Requirements. Background: Field Issuances recently disseminated revisions to the provisions for documentation of eligibility for participation in Job Training Partnership Act programs. These revisions apply to documentation of eligibility for SCSEP as well. The Field Issuances are attached for your information. Policy: SCSEP sponsors should inform local project operators that they should no longer accept the Numident printout for eligibility documentation purposes. Also, voter registration cards may no longer be used as documentation for U.S. citizen-ship, although they are acceptable as proof of residency.

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References: Older Worker Bulletins 90-6, 90-12, 93-3, 93-11, 94-2, 96-2; the Older Americans Act (OAA), Subsections 506(c) and (d) and the SCSEP regulation at 20 CFR Section 641.201. Background: The Equitable Distribution Report (ETA 8705) provides a basis for determining the collective progress made by sponsors toward an equitable distribution of program positions. Although future action by the Congress is uncertain, there will still be a Department of Labor administered SCSEP program after July 1, 1997. As part of the planning process for the next grant period, sponsors must prepare an equitable distribution report. This requirement is found at section 506(c) of the OAA and 20 CFR Section 641.201(c) of the Federal Regulations. Procedures for completion of this year's report are similar to those used in previous years, except for the new requirement for a signature from each sponsor (see section 5.a.(3) below) and the suspension of the requirement for the submittal of the Comparative Characteristics Report for this year. Also, PLEASE REVIEW attachment I Special Notes. Attachment II provides instructions for completing the report. Reporting Procedures: The equitable distribution report should be prepared by using the diskette provided with OW Bulletin 93-11. The diskette contains the 1990 Census information and the format needed to prepare the report. The number of authorized positions must be updated for each State, however. To update the information, use the Program Year 1996 information for your State found in Attachment III, and the instructions found on page 100 of the user manual, SPONSOR SUPPORT SYSTEM version 1.3. Transmit the reports to the Division of Older Worker Programs. This year, the hard copy printed form is the preferred submittal document. Instructions for completing the hard copy of the Equitable Distribution Report are found in section 6 below. The report should be sent by March 21, 1997. Action: a. State SCSEP agencies are requested to: (1) Convene a meeting of all SCSEP program operators in their State to review the existing slot placement by county; (2) develop the sub-State distribution report of the present slot allocations. A vacant authorized position should be reported, but temporary positions should not. Compare the equitable county levels with the actual distribution and discuss how to bring about an improved distribution; (3) Obtain the signature of representatives of each sponsor operating in the State on the form or the transmittal letter. If a sponsor chooses not to sign, it must explain in writing why it did not and send a copy of this explanation to each sponsor and DOL. Equitable Distribution Reports which are unsigned are not acceptable. NOTE: If a signatory is unable to sign the form but is in agreement with it, it may send a letter indicating its agreement with the report. The letter can be used in lieu of the signature. (4) Submit the Equitable Distribution Report to: Division of Older Worker Programs (DOWP) U.S. Department of Labor 200 Constitution Avenue, N.W. Room N4641 Washington, D.C. 20210 b. National SCSEP Sponsors are requested to: (1) Designate representatives to attend State-convened equitable distribution meetings to provide existing and projected slot levels for use in reaching agreement on how to bring about more equitable levels by county; or (2) Convene the equitable distribution meeting and prepare the report in those cases where the national sponsor is delegated the responsibility for the Governor's SCSEP allocation. NOTE: Completion of the report should be a cooperative activity. All sponsors should put forth their best effort. Disagreements should be resolved locally through genuine communication and compromise. Format for the Equitable Distribution Report: The attached report form, ETA 8705, should be used for the Equitable Distribution Report. (See Attachment II). To complete the report, sponsors should follow the instructions which are also provided in Attachment II. Although form ETA 8705 should be used, it may be modified by adding pages or expanding or reducing the size of the columns and spaces. Distribution of SCSEP Resources: The OAA requires sponsors to seek an equitable distribution of program resources. Where necessary, redistributions should be made by relocation of vacant or new positions and through normal attrition. No enrollee should be terminated because of the equitable distribution requirement. When the grant applications are prepared for the next grant period, consideration must be given to the data contained in the Equitable Distribution Report. Technical Considerations: The census information was prepared for the Department from information supplied by the U.S. Census Bureau. The data is based on the 1990 census, and includes only those people who meet the statutory participant eligibility factors: individuals age 55 and over who have incomes at or below 125 percent of the poverty level. This information is found on the diskette that was sent to each sponsor with OW Bulletin 93-11. Information for Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, Palau, and the Virgin Islands is not on the diskette. The sponsors in these jurisdictions may use the best available information to complete the chart. Note: The data used for the report should be that supplied by the Department of Labor. If a state agency has updated data it wants to use, it should provide that information to the other sponsors and the DOL two weeks prior to the meeting. Schedule: Reports should be submitted to the DOWP, 200 Constitution Avenue, N.W., Room N-4641, Washington, D.C. 20210, by March 21, 1997.

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Waiver Request. The Department of Labor's Appropriations Act of 1997 (Public Law 104-208) contains three provisions relating to waivers - a general statutory/regulatory authority that applies to all States, a Work-Flex Partnership authority that permits up to six States to be selected for a demonstration program, and a continuation of the existing waiver authority that applies only to Oregon. The existing authority for Oregon impacts on the Job Training Partnership Act (JTPA); whereas, the other two authorities impact on both the Wagner-Peyser Act and the JTPA. The general statutory/regulatory and Work-Flex waivers authority(ies) will be discussed in detail in two separate forthcoming TEGLs (currently under review by OMB), including guidance for submittal of applications. The waiver requests must be forwarded to the Secretary of Labor via the appropriate Employment and Training Administration Regional Administrator by the Governor of a State. After the State's waiver request is approved, the Governor may delegate such authority to the operating agency head. a. Wagner-Peyser Act Waivers and State Plan Submissions. The Department may grant waivers to any of the statutory or regulatory requirements of Sections 8, 9 and 10 of the W-P Act (except for requirements relating to the provision of services to unemployment insurance claimants and veterans, and to universal access to basic labor exchange services without cost to job seekers [Section 105 of Department of Labor 1997 Appropriations Act]). Section 8 of the W-P Act sets forth the requirements relating to the State planning process. (1) If the State plans to submit a request for waiver of W-P Act provisions or regulations (applicable to Sections 8, 9 and 10), the State should notify the appropriate Regional Office by April 30 and indicate the statutory or regulatory waiver(s) to be requested. The State should also indicate when its waiver request will be submitted. Regional Offices will make every effort to act upon waiver requests by July 1, 1997, if they are received by April 30. To insure prompt responses, Regional Offices may respond with a partial approval in those instances where a request contains multiple parts and further information or clarification is required.

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References. a. JTPA Regulations at 20 CFR Part 632 b. DINAP Bulletin No. 85-15, Administrative Cost limit c. DINAP Bulletin No. 88-20, Administrative Requirements for DOL Grantees d. DINAP Bulletin No. 92-26, Transition Guidance for the Implementation of the JTPA Amendments of 1992 e. DINAP Bulletin No. 94-3, Implementation of Office of Management and Budget (OMB) Circular A-110 (revised) f. DINAP Bulletin No. 95-11, Instructions and Reporting Requirements Background. a. PY 97 Allocation: The PY 1997 JTPA Title IV-A, section 401 appropriation is $52.5 million; Title II-B funding for the summer youth program is $15.8 million; $4.4 million more than last summer's funding level of $11.4 million. b. Hold Harmless Factor: For PY's 94-96, the Division of Indian and Native American Programs (DINAP) imposed a "hold harmless" factor to prevent drastic reductions due to the application of 1990 census figures in calculating the allocation formula. The Title IV-A and Title II-B allocation lists are attached to this bulletin (see Attachment No. 1-A and 2-A). The "hold harmless" factor was not used in calculating the formula allocation for PY 1997. For the first time grantees will receive their "actual" funding allocations since the 1990 census data were used in PY 1994. Plan Requirements. a. DUE DATE(S): SUMMER YOUTH PLAN (SYP) - Grantees receiving Title II-B Summer Youth funds must submit a SYP, postmarked no later than April 11, 1997. COMPREHENSIVE ANNUAL PLAN (CAP) - All section 401 grantees must submit a PY 1997 CAP, postmarked no later than May 9, 1997. SYPs and CAPs postmarked after the above stated due dates will be considered late. Grantees who submit their plans late may experience a delay in plan approval and subsequent availability of PY 97 funds (Notice of Obligation). b. Technical Assistance: Each year several grantees are confronted with truly "unique circumstances" which result in late CAP submissions, (e.g., new program director, first time to complete a CAP, etc.). If your program is facing a "unique circumstance" that may potentially cause your CAP to be submitted after the May 9th due date, you need to contact your Fed. Rep. immediately to request technical assistance. This assistance should enable you to meet the May 9th due date requirement. However, if you sought TA assistance, as advised above, and still need more time to complete your CAP, you should consider the following steps if you plan to attend the National Indian and Native American Employment & Training Conference (NINAETC) in Anaheim, California in May: Step 1. Keep in constant contact with your Fed. Rep. prior to the CAP due date to receive required TA to complete your CAP. Step 2. If you have taken step 1, and it still appears you are not going to complete and submit your CAP by May 9th, you may request a one-week extension from your Fed. Rep. by no later than April 18th. (No extensions will be considered if requested after April 18th.) Step 3. If a one-week extension is approved by your Fed. Rep., you must be prepared to bring all required CAP materials to the NINAETC to receive one-on-one TA. You must also be prepared to mail the completed CAP postmarked no later than May 16, 1997. c. Plan Format Options. As a part of DINAP's continuing partnership efforts and commitment to reduce administrative burden while increasing program results, we are providing grantees the option of submitting their CAPs and SYPs (if applicable) in the traditional paper document format (hard copy), or on a 3.5 floppy diskette. All of the required CAP and SYP planning instructions, forms and performance standards requirements have been formatted to create a computer software planning program called the "DINAP Planning Disk." The software program is easy to use; insures that all CAP and SYP requirements are completed; and detects common errors. Several grantees assisted with its development by "test driving" a demonstration version. Their suggestions were incorporated into the final version that will be issued to all grantees on March 3, 1997, via a DINAP Bulletin. Although the "DINAP Planning Disk" and instructions will not be available until March 3, grantees planning to use the disk format should start their planning process upon receipt of this bulletin. Grantees must send their plans either in the traditional paper format (hard copy) or on diskette, do not send both. d. CAP and SYP Narratives: All grantees are required to complete a CAP and (if applicable) SYP narrative(s) for PY 1997. e. Community Service Employment (CSE) Wage: The Fair Labor Standards Act was amended to increase the Federal Minimum Wage to $4.75 per hour beginning October 1, 1996 and $5.15 per hour beginning September 1, 1997. However, pursuant to Federal Regulations at 20 CFR 632.81(b)(1)["Maximum Wage rates for CSE"] "The wages (including those received from overtime work and leave taken during the period of employment) paid to any CSE participant from funds under the Act shall be limited to $10,000 per year (or the hourly, weekly or monthly rate which, if full time and annualized, would equal a rate of $10,000 a year)". When calculated, this regulation limits the maximum hourly rate for CSE participants to $4.81 per hour. The current regulation at 20 CFR 632.81 will contradict the amendments to the Federal Minimum Wage of $5.15 per hour beginning September 1,1997. Therefore, grantees are directed to comply with the current Federal Minimum Wage of $4.75 per hour and $5.15 per hour beginning September 1, 1997. In addition, "Approved rates above $10,000 are fixed at the CETA approved rate as of September 30, 1982, unless adjusted by the Secretary." The last adjustment of CSE area wage rates under CETA was transmitted to grantees via OINAP Bulletin No. 81-18, dated March 6, 1981. Areas approved for CSE maximum wage rates in excess of $10,000 were primarily major metropolitan areas, and Alaska and Hawaii. Copies of this bulletin are available from DINAP upon request. f. Required SYP and CAP Items: Grantees should reference the SYP/CAP checklist (see Attachment No. 6) to ensure that all required forms and documents are properly completed and included in the appropriate plan package. Additionally, all required forms and other attachments are labeled sequentially as SYP-1 thru SYP-4 and CAP 97-1 thru CAP 97-19. Any page labeled with an identifier (i.e., SYP or CAP 97) in the upper righthand corner must be submitted. g. Number of Copies to Submit: The original and two copies of the CAP must be submitted to DINAP with a completed and signed Grant Signature Sheet (CAP 97-1). Grantees that want a copy of the CAP with an original signature for their files must provide an original signature on each of the copies (29 CFR 97.10(b)(2)). Grantees are advised to keep a copy of all submitted plans. Information. a. Regulations: Section 401 grantees will continue to use and comply with the existing regulations at 20 CFR Part 632, and the mandatory provisions in the 1992 amendments to JTPA referenced in DINAP Bulletin No. 92-26. b. General Waiver Provision: A request can be made for a waiver to any regulatory or program requirement not contained in the JTPA Act (20 CFR 632.70 Waiver of Regulations Under Parts 632 and 636). DINAP Bulletin 95-29 provides specific instructions on how to request waivers to the regulations and other program requirements. Note: Grantees may submit a waiver request and CAP documents at the same time; however, the request must be separate from the CAP documents and not included in the CAP narrative. This is to ensure that any delay in approving a waiver request does not delay approving a CAP. Although it is preferable to have an approved waiver effective the beginning of a program year, grantees may submit a request for a waiver at any time during the program year. c. Requests for Acquisition of Real Property and Equipment: Grant Officer approval is required prior to the acquisition of all real property, including equipment, which has a useful life of more than one year and an acquisition cost of $5,000 or more per unit pursuant to OMB Circulars A-102 [29 CFR 97.32] and A-110 [20 CFR 95.2(n)]. The actual request must be submitted separately from the CAP/SYP even if the grantee indicates their intention to purchase equipment in the CAP and/or SYP documents. This is to ensure that any delay in approving real property or equipment purchase request does not delay the CAP approval process. d. "477" Grantees: The eighteen Section 401 grantees with approved 477 plans are not required to submit a PY 97 CAP. Of the eighteen that have included the Summer Youth Program in their approved plan, they do not have to submit a SYP for CY 97. PY 97 funds will be transferred to the Bureau of Indian Affairs. Action. If applicable, grantees must submit their Title II-B Summer Youth plans, postmarked no later than April 11, 1997. All grantees must submit their CAPs, postmarked no later than May 9, 1997 to the following address: U.S. Department of Labor ETA/Room N-4641 Division of Indian and Native American Programs 200 Constitution Ave., N.W. Washington, D.C. 20210 ATTN: MIS DESK Note: Plans should be sent only to the address listed above. Only a United States Postal postmark or Express Mail service tracking label with pertinent delivery information are acceptable (i.e., Federal Express, Airborne Express, etc.) Privately owned or leased metered mail postmarks are NOT acceptable (i.e., Pitney Bowes meter machine, etc.). Inquiries. Questions should be directed to your Federal Representative Team (202) 219-5504.