DINAP BULLETIN 97-10
Program Year (PY) 1998 Comprehensive Annual Plan (CAP) and 1998 Summer Youth Plan (SYP) Instructions
To transmit separate instructions for completing and submitting the PY 1998 CAP and the 1998 SYP.
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 98 Allocation: The PY 1998 JTPA Title IV-A, section 401 appropriation is $53.8 million; $1.3 million more than last year's funding level of $52.5 million. Title II-B funding for the summer youth program is $15.8 million. b. Reallocation Policy: DINAP Bulletins 96-15 and 97-05 outline the excess carryover policy and method by which excess funds will be recaptured and reallocated. With recent JTPA funding levels at their lowest levels, carryover amounts in excess of the allowable 20 percent level will be reallocated to those programs without excess carryover. This policy only applies to Title IV-A funding. 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 10, 1998. COMPREHENSIVE ANNUAL PLAN (CAP) - All section 401 grantees must submit a PY 1998 CAP postmarked no later than May 8, 1998. SYPs and CAPs postmarked after the above stated due dates will beconsidered late. Grantees who submit their plans late may experience a delay in plan approval and subsequent availability of PY 98 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 8th due date, you need to contact your Fed. Rep. immediately to request technical assistance. This assistance should enable you to meet the May 8th 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 Spokane, Washington, May 11 - 14, 1998: 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 8th, you may request a one-week extension from your Fed. Rep. by no later than April 17th. (No extensions will be considered if requested after April 17th.) 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 15, 1998. c. CAPs and SYPs on Disk. Last year was the first year grantees were given the option of submitting CAPs and Summer Plans on disk. Once again, as a part of the grantee/Department partnership effort and a commitment to reduce administrative burden while increasing program results, we are providing grantees the option of submitting their CAP and SYP using the Planning Disk Program (3.5" floppy disk) or in the traditional paper document format (hard copy). 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. Grantees must send their plans either in the traditional paper format (hard copy) or on diskette, do not send both. The disks and instructions are enclosed. d. CAP and SYP Narratives: All grantees are required to complete a CAP and (if applicable) SYP narrative(s) for PY 1998. 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 contradicts the amendments to the Federal Minimum Wage of $5.15 per hour as of September 1, 1997. Therefore, grantees are directed to comply with the current Federal Minimum Wage of $5.15 per hour. In addition, "Approved rates above $10,000 are fixed at the CETA approved rate as of September 30, 1982, unless adjusted by the Secretary." Grantees must receive prior DOL approval to pay CSE participants more than $10,000 within a one-year period. 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 98-1 thru CAP 98-19. Any page labeled with an identifier (i.e., SYP or CAP 98) in the upper right-hand corner must be submitted with the applicable plan. 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 98-1). 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)). Disclosure of Lobbying Activities (CAP 98-17) and the Certification Regarding Lobbying Activities (CAP 98-19) also require grantee signatures. Grantees are advised to keep a copy of all submitted plans. Grantees who utilize the DINAP planning disk option must print out the Grant Signature sheet (CAP 98-1), Disclosure of Lobbying Activities (CAP 98-17) and the Certification Regarding Lobbying Activities (CAP 98-19) from the planning disk and submit three copies, one with an original signature, along with the planning disk. Do not use the forms in this bulletin if the program planning disk is used. 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 requests does not delay the CAP approval process. d. "477" Grantees: The twenty-two Section 401 grantees with approved 477 plans are not required to submit a PY 98 CAP. Of the twenty-two that have included the Summer Youth Program in their approved 477 plan, a SYP will not be required for PY 1998. PY 98 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 10, 1998. All grantees must submit their CAPs, postmarked no later than May 8, 1998 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. (East Team 202/219-5504, Midwest Team 214/767-2154 and West Team 206/553-6195).
All Indian and Native American Grantees
Thomas M. Dowd Chief Division of Indian and Native American Programs Anna W. Goddard Director Office of Special Targeted Programs