References. OMB Circulars A-87, A-102, A-110 and A-122, and 29 CFR 97.51. Background. The Department of Labor (DOL) regulations for grants to States and local governments at 29 CFR 97.51 (b) indicates that "the closeout of a grant does not affect...the grantee's obligation to return any funds due as a result of later refunds, corrections, or other transactions." OMB Circular A-102, "Uniform Requirements for Assistance to State and Local Governments, 11 (applies to tribal organizations) Attachment L, paragraph 3.b. stipulates that closeout procedures require that "the grantee shall immediately refund to the grantor agency any balance of unobligated (unencumbered) cash advanced to the grantee that is not authorized to be retained by the grantee for use on other grants."OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations," Attachment K, paragraph 3.b. stipulates the same thing. Refunds, rebates, and other credits may occur when grant funds are expended, disbursed and subsequently returned to the grantee (e.g., differences between grantee-approved provisional indirect cost rates and negotiated final indirect cost rates, the result of subgrantee audit disallowances, unemployment insurance overpayments, insurance rebates, etc.). Policy. Based on the requirements of 29 CFR 97.51 (b) and OMB Circulars A-102 and A-110, it is the Employment and Training Administration's (ETA) policy that all refunds, rebates and other credits are to be returned to DOL immediately upon receipt if the grant is no longer open. If the refund, rebate or other credit is related to an open grant, it may be treated as an applicable credit in accordance with OMB Circular A-87, Attachment A, paragraph C.3.a. and OMB Circular A-122, Attachment A, paragraph A.5. and used to reduce or offset expense items.

References. Farmworker Bulletin 91-6, "Status Report on the Phase-Out of the TFCS-LOC Network," January 29, 1991; Farmworker Bulletin 90-27, "Phase-Out of the TFCS-LOC Network," August 8, 1990. Background. In March and April 1991, the electronic fund transfer system for all Section 402 grantees was transferred to the Department of Health and Human Service Payment Management System (PMS). Accounts were established for each grantee and communica-tions software and instructions for using the Smartlink procedure were provided. Currently, grantees are drawing PY 1990 funds under this system. Information. In order to facilitate the accounting for funds from different program years, the PMS has established a separate subaccount for PY 1991 funds. Grantees must continue to draw down funds using the current subaccount number for funds to be applied to grant activities in PY 1990. Action. For grant activities in PY 1991, grantees are instructed to draw down PY 1991 funds using a different subaccount number. The subaccount number for PY 1991 funds is: Cxxxx178 where "xxxx" represents the four digit segment of the grant number. A grantee with the grant number 99-1-1234-56-000-02 would draw down PY 1991 funds using the subaccount number C1234178. Note: The four digit segment is underscored here for emphasis only. Grantees should not underscore the subaccount number when using the Smartlink procedure. Effective Date. The new subaccount number will become effective when PY 1991 funds are awarded on or after July 1, 1991. Inquiries. Contact the Federal Representative assigned to your grant.

References. 41 CFR Part 301-4; Federal Register/Vol. 56, No. 122/Tuesday, June 25, 1991, page 28824, attached. Background. The General Services Administration is required by law to periodically investigate the cost of operating privately owned vehicles to employees while on official travel and report the results of these investigations to Congress. Action. Effective July 1, 1991, grantees are authorized to increase the mileage reimbursement rate from 24 cents to 25 cents per mile for use of privately owned automobiles for approved JTPA grant purposes. Questions. Consult your DINAP Federal Representative.

Reference. DINAP Bulletin 90-24, dated March 1-3, 1991. Background. DINAP Bulletin 90-24 introduced the new Employability Enhancement performance measure which is designed to give grantees credit for improving participants' knowledge, abilities and skills. Paragraph 3.f. of the Bulletin advised grantees that the Annual Status Report has been revised to capture data on various types of enhancements. It also imposed a requirement that all grantees assess the reading level of all participants at time of entry into the Section 401 program. It further stated that, for some outcomes, some grantees would need a broader approach and would have to assess a participant's employability at the time of program entry. Also, all grantees were encouraged to adopt an employability development plan to record increases in employability, to measure progress and to capture data to support reported outcomes. This policy caused some concern at the recent DINAP sponsored TAT seminars in January-February 1991 and generated considerable discussion at the recent Advisory Committee meeting in Spokane. Written comments were received subsequently from grantees. ETA of met to discuss and resolve these issues and concerns. In the meantime, it was determined that about forty percent of the grantees are already testing participants. In addition, OMB suggested the following language receding testing: ... "all grantees must offer to administer a reading test to all participants prior to service delivery. However, grantees shall permit individual participants to refuse the test..." The attached Q&A paper on assessment addresses the most frequently raised issues and concerns. In addition, there will be more training on this requirement at seminars during August-September 1991. Details will be provided in a forthcoming DINAP bulletin. Information. The reading assessment policy is in effect beginning July 1, 1991. However, grantees need to note the following clarifications and special instructions: a. Clarification of DINAP Bulletin 90-24 In reference to paragraph 3.f., grantees will obtain reading scores at intake whenever possible. Grantees are encouraged to assess for reading levels once it has been established that the eligible applicant has no existing score from a school or GED program within the last 12 months, or has acquired a four-year college degree, or is in a special circumstance where he or she is unable to be assessed at the intake site. See attached Q and A, Question number 6 for more details. Furthermore, grantees should be advised that the phrase "to assess a participant's employability" refers to other terminee characteristics which are listed as "multiple barriers to employment" such as teen parents, lacks significant work history, poor math skills, or substance abuse, etc. This phrase means that grantees should determine if a participant has multiple barriers to employment; it does not mandate grantees to conduct aptitude testing. b. Special Instructions for PY 1991 PY 1991 is considered a transition year for INA grantees to phase in a reading assessment capability for all applicants. Grantees are expected to develop this capacity during the second quarter of PY 91 and then implement an assessment procedure for all applicants during the third quarter. Summer youth participants are exempt from the reading assessment during the Summer of 1991. Grantees will not be penalized for failure to implement a total assessment procedure for PY 1991. Expenses to conduct reading assessments may be charged as a training cost (see CFR 632.38(e)). Action. Grantees are requested to review the attached Q and A paper, distributing copies as necessary to staff who will be involved in these activities. Questions. Contact your DINAP Federal Representative.

Background. As part of the Immigration Reform and Control Act of 1986, Congress mandated that DOL and the Department of Agriculture determine annually whether there is a shortage of Seasonal Agricultural Services workers. In order to fulfill this assignment, DOL began the National Agricultural Workers Survey (NAWS). NAWS. The survey collected information about the demographics, migration and employment patterns of farmworkers. NAWS is the only survey collecting information for the Federal government on this diverse population. The enclosed copy is the first in a series, although it reports on the second year of NAWS. The volume covering the first year's interviews is forthcoming. A similar report will be produced annually, contingent on continued funding for NAWS. Data collection is now underway for the 1991 survey. Additional Copies. Contact the Federal Representative assigned to your grant.

Background. There appears to be a misunderstanding among some Federal staff, contractors and grantees about who is eligible for Federal travel discounts. The employment and Training Administration's Division of Acquisition and Assistance has researched this matter and has consulted with travel policy experts in the General Services Administration. Policy. Only Federal contractors that have cost-reimbursement contracts are eligible for travel discounts through participating vendors. Federal grantees are not eligible. Furthermore, grantees are not eligible to use General Services Administration sources of supply and services for travel purposes. Finally, grantees are not eligible for Diner's Club credit cards issued to Federal employees. Grantee/staff are expected to obtain the most economical rates possible when travelling, however. Questions. Contact your DINAP Federal Representative.

Background. The U.S. Department of Labor, Employment and Training Administration, Office of Strategic Planning and Policy Development (OSPPD) has contracted with Berkeley Planning Associates (BPA), and SRI International to conduct an evaluation of the JTPA, Title IV MSFW program. The purpose of the study is to examine the effectiveness of training, employment and supportive services provided by grantees, funded under Section 402, in meeting the goals of the program. The project officer for this evaluation is Mr. Tom NaSell of OSPPD. Ms. Marlene Strong, of BPA, and Mr. Ron D'Amico of SRI serve as Co-principal Investigators of the study, which began July 1, 1991 and continues through June 30, 1993. Evaluation Objectives. The evaluation has the following objectives: -- to describe variations in the provision of services to farmworkers, including differences by type of worker served (seasonal or migrant; in-state or interstate; those with or without non-agricultural work experience; youth or adult), as well as differences by type of grantee (administrative; size); -- to assess the quality of services being provided to program participants; -- to describe the influence of Federal policies and regulations on grantee operations; -- to describe the influence of local economic conditions on grantee operations and program design; -- to describe the coordination practices of grantees; -- to describe the outcomes for different types of clients, and to analyze the effects of local economic conditions and services provided on those outcomes. Research Design. Both qualitative and quantitative methods will be used to assess program effectiveness. Two site visits will be conducted to 18 randomly selected grantees, one during each of the study years. Four days will be spent on site in the first year - two days in discussions with staff at the central administrative office, and two days in discussions with staff and program participants at one of the grantee's field offices. Quantitative analyses will be performed using databases contain- ing information about the client population (from the Annual Status Reports) and databases on the eligible farmworker population. In addition, analyses will be performed on existing client-level data from grantees at ten of the sites visited. Action. Initial site visits to selected grantees will occur from October 1991 through February 1992. Grantees will be notified of their selection by the Department, and contacted by a BPA or SRI study team member to arrange the site visit. Grantees may be asked to provide copies of grant plans and quarterly or annual reports to the study team before the visits. Questions. For further information, please contact your Federal Representative.

Reference. Farmworker Bulletin (FWB) No. 90-10 (January 25, 1990). Background. Section 303 of Immigration Reform and Control Act amended the INA by adding provisions relating to the control of illegal and legal immigration into the United States. The new Section 210A of the INA provided a system for granting temporary resident alien status to RAWs. The number of RAWs to be admitted (or to acquire the status of lawful admission) is to be jointly determined each Fiscal Year (FY) by the Secretaries of Labor and Agriculture, and will be the smaller of (1) the calculated numerical limitation, and (2) the number determined necessary to meet a shortage of workers to perform seasonal agricultural services (SAS). FWB No. 90-10 transmitted procedures to be used by (1) the Secretaries for the determination of the RAW number, (2) SAS employers for appealing for an increase in the shortage number, and (3) RAWs for petitioning for a decrease in the number of days of work required to maintain their status. Policy. The attached notice announces the determination that the number of workers to be admitted (or have their status adjusted) to meet a shortage of workers to perform SAS during FY 1992 is zero. Action. None required. Inquiries. Contact the Federal Representative assigned to your grant.

Reference. DINAP Bulletin 84-2. Background. DINAP Bulletin 84-2 transmitted a guide to assist grantees in developing procedures to implement Section 504 of the JTPA. Paragraph 3 of that bulletin said that research is underway regarding the ramifications of the Jay Treaty and other related questions. The result of this research is in the answer to the first question in Section 4. Information. The following are questions and answers regarding Section 504. Q. Does the Jay Treaty of 1794, an agreement allowing free access and travel across the Canadian-United States border by Canadian and American Indians, exempt some JTPA applicants from complying with Section 504 of the Act? A. Advise your applicants that Canadian Indians residing in the United States and United States Citizens must comply with Section 504 to participate in JTPA programs. Only lawfully admitted non-immigrant aliens pursuant to the Immigration and Nationality Act of 1952 are exempt. if they enter the United States without establishing residence they are not subject to selective service registration. Federal courts consistently have held that subsequent enactment of selective service statutes superseded whatever selective service registration and induction exemption Canadian Indians residing in the United States arguably may have had earlier under the Jay Treaty. Q. Where do grantee applicants go to register with the SSS? A. Advise your applicants to register at their local post office. Q. How can grantees verify, in a timely manner, applicant compliance with Section 504? A. Grantees are advised to use phone verification with the SSS (toll-free hotline-1- 800-621-5388). Within seven days of the phone call, grantees will receive verification by letter from the SSS if applicant has complied with Section 504. The letter will contain applicant's name and SSS number. The letter will be verification of Section 504 compliance until such time as an acknowledgement letter (SSS Form 3) has been received. Q. Are there any other ways to quickly verify applicant compliance with Section 504? A. Yes, the attachment to DINAP Bulletin 84-2 outlines three ways: Self-certification with sample verification; verification of registration prior to enrollment; and enrollment and self-certification followed by universal verification. Q. Does the SSS have a procedure where an applicant can register for the draft at the JTPA office? A. Yes, a successful pilot program in September 1983 in Utah paved the way for a permanent procedure today. A description of this procedure can be found in DINAP Bulletin 84-2. Questions. Contact your DINAP Federal Representative.

Reference. Job Training Partnership Act (JTPA) Section 165 (a)(2). Background. The Employment and Training Administration conducted an agency wide review of its reporting systems to assess and improve the quality and usefulness of program information. At its Denver meeting last June, the INA Advisory Council unanimously approved a motion that the Department develop an automated reporting system for the INA program. A subcommittee (see attachment) was formed to work with the Department in redesigning the current INA reporting system. In September, the subcommittee met and discussed over several days what information should be reported for the purposes of informing Congress and the public about INA programs, the scope and breadth of its services and the client benefits that result from program participation. A guiding principle throughout the discussion was to limit the amount of new information that grantees would need to collect and to simplify the way current information is being collected and reported. An ADP contractor also participated in the session to determine potential ADP shortcomings. The group recommended that user friendly software be developed for grantee use not only in producing the needed information for the Department, but also in providing management feedback. On November 5, the subcommittee members presented their recommendations to the INA Advisory Council. The Department outlined its rationale for changing the way grantees now report information and the subcommittee discussed the main features of this automated system. In advance of this meeting, Advisory Council members were sent copies of the record format proposing what participant information was to be collected by each grantee and reported to the Department's contractor. The Advisory Council unanimously adopted the subcommittee report and proposed format, authorizing further work with the Department in developing the new reporting system for INA programs. The Department is now distributing the subcommittee report and other relevant information, including the proposed record format and accompanying instructions, to the entire grantee community for public comment and reaction. Samples of analytical reports that will be available once the system is operational are also provided. The material transmitted with this Bulletin represents the latest version of the proposed INA reporting system and fully reflects the INA subcommittee recommendations. All earlier versions of forms, instructions, etc., should be disregarded. Rationale for the Proposed Reporting System. The current reporting system for the INA program requires grantees to provide descriptive information about their programs including demographic characteristics of participants, and quarterly enrollments by training category, as well as aggregate information on employment and/or enhancements achieved through program participation. These annual reports require grantees to aggregate data from individual participant records either manually or electronically; and some items, such as average weeks in training, involve complicated, multi-step computations. The high rate of reporting errors confirms the need to simplify INA program reporting. Requesting that grantees submit data on individuals rather than program totals will reduce the likelihood of reporting errors, by eliminating the need for grantees to do additional computations. It will also simplify the reporting process to a "paperless" electronic data transmission where feasible. Over the years, numerous grantees have been critical of the program's performance standards for not being more responsive to differences among grantees in their program emphases, delivery systems and labor markets, i.e., what employment, advanced training and education opportunities are achievable through program participation. Without knowing the scope and intensity of training and support services provided, or more detailed information on the kind of employment and wages obtained, the Department has a limited basis for making further refinements to the performance standards or adjusting standards for different client needs. Reporting information on individuals rather than programs, from the grantees' perspective, will provide an unprecedented opportunity to identify and analyze what are reasonable program outcomes for large vs small grantees, more urbanized vs. remote communities, on-reservation vs. off-reservations, and differing service mixes and program emphases such as direct placements, or remedial education, or vocational skills training or combinations of all of these. From the standpoint of program accountability, these data will provide the Department of Labor more complete and timely information which can be used to better answer questions about program accomplishments from other overseers, most notably the Congress. This is critical in terms of justifying and protecting future program funding in a time of budget constraints. Proposed features of INA Automated Reporting. Data will be reported only on those individuals who started to receive training or services after assessment through program completion. No postprogram information will be collected. Records will be reported on all program computers (terminees) within a given program year. DOL will consider the practical implications of reporting on a-11 participants (currently enrolled and terminees), once an automation capability assessment is completed. Individual records will be reported instead of summary data. Data on terminees will be submitted on a quarterly basis. Data can be received in any of the following ways: diskette, mainframe tape, modem and hard copy (as a last resort). The DOL data management contractor will provide both a program for data entry and a format for those grantees sending hard copy. Grantees and other interested parties approved by DOL will eventually be able to access the database, but in the interim, routine reports will be produced in hard copy. Individual records themselves will have a grantee-assigned identifier, not a social security number or name. Individual records will not be accessible to other grantees. The record will include data previously reported participant characteristics, training and services provided (typically maintained while a participant is enrolled in the program), and outcomes (similar to what has been required previously). Financial data will be reported separately. It is not practical to report costs by individual participants. By PY 1995, this reporting system will replace current quarterly and annual program reports. New Data Collection Items. Rather than recording average weeks in training (for training that lasted more than 12 hours per week), grantees will report actual hours spent in each of the following worksite activities: OJT, work experience, and community service employment. Grantees will also report: a. the dates when occupational/vocational classroom training began and ended for the individual and whether it resulted in a certificate completion from the academic facility. b. the dates when basic skills training began and ended for the individual and whether it resulted in a documented learning gain (e.g., improvement in test scores). An occupational code for each placement job will be reported. The Department of Labor will provide extensive technical assistance on coding job placement occupations using both nine-digit Dictionary of Occupational Titles (DOT) codes and five-digit Occupational Employment Statistics (OES) codes. In addition, DOL will compile a reference list of occupations (and their nine-digit DOT codes) -- including those relevant to the Indian and Native American culture -- in which participants are most likely to be placed and a "look-up" description of the occupational activity. More detailed breakouts on specific support services received and reasons for leaving the program are also being sought to capture the broad range of support services that participants need and whether people leave the program for reasons within or outside the control of the program. Technical Assistance. Grantee computer capabilities will be initially identified by the California Indian Manpower Consortium, a grantee currently conducting a "computer hardware" survey for DINAP. From these survey results, the most cost effective data transmission method will be identified for each grantee. Training on the new reporting format will begin in the spring of 1994. Other forms of technical assistance will be available on an as-needed basis, including telephone support "hotline", written guidance, (i.e., reporting and coding instructions), site visits to individual grantees, and data input software. Implementation Schedule. Pilot the new reporting system beginning July 1, 1994, giving grantees option to either send in terminee data in new file format on a quarterly basis throughout PY 1994 or continue with previous quarterly program status reports and annual status reports. Those grantees that opt to send in terminee data in new uniform file format will have other non-financial quarterly and annual reports waived. Extensive training on new system throughout 1994, contractor software for grantee data entry to be developed during this period. Initiate new reporting system beginning July 1, 1995. Action Required. Native American Section 401 grantees are requested to: a. Review the attached proposed reporting format and instructions, and the proposed implementation schedule; and b. Provide comments by no later than April 1 to: U.S. Department of Labor Employment and Training Administration Office of Strategic Planning and Policy Development ATTENTION: Norris Tyler, Rm. N5637 200 Constitution Avenue, N.W. Washington, DC 20210 Inquiries. Questions should be directed to Karen Greene on (202) 219-8680, extension 101, or Norris Tyler on (202) 219-6485, extension 138.