Information. The Program Fraud Civil Remedies Act (PFCRA) establishes an additional administrative remedy against anyone who makes a false claim or false statement to any Department or Agency of the United States Government covered by the Act...including the Department of Labor. The attached fact sheet describes and explains the Act and includes such information as who is liable, what the penalties are, what is not covered by the Act, and how the act works. Questions. Contact your DINAP Representative.

References. JTPA Section 504; DINAP Bulletins 84-2, 84-41, and 86-39. Background. Bulletin 84-2 provided grantees with a Technical Assistance Guide (TAG) containing the legislative requirements under both JTPA and the Military Selective Service Act (MSSA) , and suggested options for implementing Section 504. Bulletin 84-41 provided additional clarifying information in a question and answer format, and Bulletin 86-39 advised grantees of new requirements pertaining to the provisions of Section 504 up to the date of that bulletin. As noted above, this bulletin supplements previous issuances. Action. Grantees are to review the attachment and insure that they are complying with the requirements. Questions. Contact your DINAP Federal Representative.

Background. On March 8, l990, OMB Circular A-133 - Audits of Institutions of Higher Education and Other Nonprofit Institution was published. That Circular supersedes auditing requirements set forth in OMB Circular A-110, Attachment F, subparagraph 2h. Circular A-133 establishes audit requirements for nonprofit institutions for fiscal years beginning on or after January 1, 1990. The Employment and Training Administration (ETA) is also aware that many grantees lack a complete set of OMB Circulars and DOL regulations pertaining to the administration of Federal grants. ETA is, therefore, providing a complete set of circulars/ regulations to ETA grantees. It is recognized that not all of the attached circulars/regulations apply in all cases, but are provided for information purposes. Scope. The following circulars-and DOL regulations are included in the attachment: a. OMB Circular A-21- Cost Principles for Institutions of Higher Education, dated February 26, 1978 b. OMB Circular A-87- Cost Principles for State and Local Governments, dated January 28, 1981 c. DOL Regulations at 29 CFR Part 97 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Implementation of OMB Circular A-102), dated March 11, 1988) d. OMB Circular A-110 - Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education and Other Nonprofit Organizations, dated November 3, 1976 e. Revision to OMB Circular A-110 - Interest-Bearing Accounts, dated February 10, 1987 f. OMB Circular A-122 - Cost Principles for Nonprofit organizations, dated July 8, 1980 g. Revision to OMB Circular A-122 - Cost Principles for Nonprofit Organizations; "Lobbying" dated April 27, 1984 h. DOL Regulations at 29 CFR Part 96 - Audit Requirements for Grants, Contracts and Other Agreements (Implementation of OMB Circular A-128), dated April 12,1985 i. DOL Regulations at 29 CFR Part 98 - Government-wide Debarment and Suspension (Nonprocurement), dated May 26, 1988 and (Interim) Government-wide Requirements for Drug-Free Workplace (Grants), dated January 31, 1989 j. DOL Regulations at 29 CFR Part 98 - Government-wide Requirements for Drug-Free Workplace (Grants), dated February 26, 1990 k. DOL Regulations at 29 CFR Part 93 - New Restrictions on Lobbying; Interim Final Rule, dated February 26, 1990 l. Federal Register Notice - Government-wide Guidance for New Restrictions on Lobbying; Notice, dated June 15, 1990 m. OMB Circular A-133 - Audits of Institutions of Higher Education and Other Nonprofit Institutions, dated March 8, 1990 Inquiries. Direct all inquiries to your Federal Representative.

References. JTPA, Section 504; DINAP Bulletins 84-2, 84-41, 86-39 and 89-37. Background. Arrangements to implement the Section 504 Selective Service registration prerequisite for participating in JTPA training have been very successful since 1983. The Selective Service System (SSS) has been able to have contact with and register substantial numbers of males 18-26 who might not have previously complied with draft registration required by the Military Selective Service Act (MSSA). In order to make it easier for the JTPA system and other Federally assisted programs to determine whether an applicant for services had complied with registration under the MSSA, Selective Service established a toll-free registration information number (1-800-621-5388) to respond to inquiries. In 1989, the Selective Service received just under 150,000 calls for information placed to this number. During the spring of 1990, call volume had increased to 6,000 - 7,000 per week, according to information provided by the Selective Service. The increasing cost of operating the "800 line" has been of growing concern to the SSS. A decision has been reached by Selective Service headquarters to discontinue this toll-free information number effective the start of the new Federal fiscal year, on October 1, 1990. The 800 line will be replaced by a regular commercial toll-charge line, 1-708-688-6888, which will allow callers to reach the SSS national information bank in its Waukegan, Illinois offices (suburban Chicago). Action. a. In view of the new cost associated with consulting the Selective Service by telephone, grantees should confirm registration status and direct other registration questions to the SSS at its registration information mailing address: Selective Service System Registration Information Office P.O. Box 4638 North Suburban, Illinois 60197-4638 b. The Selective Service has advised the Department of Labor that duplicate registrations are automatically sorted out by its computerized national registration bank, and these do not pose difficulties for the SSS. Up-front registration of all draft-age male applicants will expedite enrollment into JTPA activities, and meet the concerns of those programs which choose 100 percent pre-enrollment verification of each item documenting eligibility to participate in JTPA. Inquiries. Contact your DINAP Federal Representative.

References. JTPA Regulations at 20 CFR 632; DINAP Bulletin Nos. 90-24, 90-31, and 91-6. Background. For the first time since-JTPA's inception changes have been made in the performance standards and reporting requirements for Indian and Native American programs funded under Section 401 of JTPA. Grantees were sent program planning information and reporting forms and instructions containing proposed changes for PY 1991 in DINAP Bulletin No. 90-24, March 13, 1991. At that time grantees were advised that the instructions and reporting forms for PY 1991 were preliminary because they had not received final approval from the Office of Management and Budget (OMB). The revised performance standards were also published for comment in the Federal Register on January 8, 1991 and reporting instructions were published for comment in the Federal Register on February 8, 1991. A number of additional refinements were made as a result of the public comment process and consultation with the grantee community and other interested parties. Subsequently, grantees were sent DINAP Bulletin No. 91-6, clarifying the new reading assessment reporting requirement. This bulletin summarizes the performance standards changes and transmits the final OMB-approved reporting forms and instructions for PY 1991-92. Final Performance Standards and Reporting Instructions. The following summarizes the performance measures and significant reporting and planning line item changes from the September 1983 (and revised March 1984) reporting instructions for each form. A. Performance Standards 1. Optional Selection of Measures There will be three performance measures to assess grantee performance for the next two program years. In addition to the entered employment rate (EER) and the positive termination rate (PTR), a new measure of employability enhancements has been added. At the end of the program year grantees will need to meet the standards for two.of the three measures to be successful in their performance standards. Grantees serving more job ready participants and/or located in favorable labor markets will most likely be more successful with the current two measures. Those grantees with less skilled participants and/or located on reservations with limited job opportunities may be more successful with the new measure of employability enhancements and the positive termination rate. 2. New Measure of Employability Enhancements This new measure reflects a-more complete count of those participants who have enhanced their job-specific skills or made learning gains as a result of program participation. Unlike the previous measure of positive termination, this new performance measure excludes job placements to assess more directly how well the grantee is able to address the skill needs of its clients. Use of this measure in combination with other performance indicators will encourage grantees to better prepare their participants for advanced training, education and more stable employment. 3. Elimination of Cost Measure To encourage more intensive services to hard-to-serve clients, cost measures have been eliminated as performance indicators across JTPA programs. However, INA grantees are advised that an upper limit--an average grantee cost of $4,000 per participant has been set for purposes of planning review and program monitoring. Grantees exceeding this limit will need to justify why its services require higher per participant expenditures. 4. Clarification of Entered Employment Rate Calculation An alternative method of computing the entered employment rate was proposed during the summer training sessions that would hold grantees harmless in the EER calculation for those participants leaving the program who had attained only enhancements. Because the Department is allowing grantees to meet the two measures which best reflect their program design, it does not seem necessary to further change the EER computation to accommodate those in enhancement programs. Therefore, the current formula for computing the EER will be retained for two more years (PY 1991 and 1992) while the new optional performance measures selection is being assessed. B. Instructional changes for each form 1. Budget Information Summary (BIS) - Form 8600 Tryout Employment has been combined with On-the-Job Training. 2. Program Planning-Summary (PPS) - Form 8601 Added two new termination categories: adult/youth Employability Enhancement (EEN) outcomes that occur with or without a job placement. Tryout Employment h as been combined with On-the-Job Training. Revised significant terminee characteristics to highlight the newly added barriers to employment. 3. Financial Status Report (FSR) - Form 8602 Tryout Employment has been combined with on-the-Job Training. 4. Program Status Summary (PSS) - Form 8603 Added two new termination categories: adult/youth Employability Enhancement outcomes that occur in combination with or without a job placement. Classroom Training has been separated into two training areas: Basic Education and Job Skills. Tryout Employment has been combined with on-the-Job Training. Added a new category of program activity which includes Training Assistance and/or Supportive Services ONLY. 5. Annual Status Report (ASR) - Form 8604 Added two termination categories: adult/youth Employability Enhancement outcomes that occur in combination with or without a job placement. Revised age groupings. Combined direct and indirect placements into one line item. Added Post High School attendee. Expanded barriers to employment to include separate reporting for the following line items: Reading Skills Below the 7th Grade Level; JOBS Program Participant; and Multiple Barriers to Employment (reporting the number of participants with at least three of the twelve barriers). Added two veterans categories. Added two new categories of training duration. The first, Average Weeks in All (Specific) Training, includes all training received including training from Non-Section 401 sources, and.the second, Average Weeks in Section 401 Training, includes Section 401 training ONLY. Note: For the purpose of these items training is redefined to focus on types of training that will directly lead to basic/occupational skills acquisition and differs from the training definition used for financial reporting. Added a new section that shows the Total Funds Available, including a breakout that distinguishes between unexpended funds carried over from the preceding year and the new grant award for the current program year. General. In addition to the above mentioned changes, there have been many definitional and editorial changes to the instructions that have clarified them significantly. While the above mentioned changes refer primarily to reporting of line items, grantees are advised that some of the column headings have been changed to obtain new data or data previously reported on other lines or columns in the old reporting forms. Action. Grantees should carefully read these final instructions and familiarize themselves with the new reporting requirements before submitting any of the required reports on the attached final forms to the national office. Technical assistance on the new reporting requirements will be provided at the Program Year 1991 Training Seminar announced in DINAP Bulletin 91-18. Inquiries. Contact your DINAP Federal Representative.

References. The DOT Fourth Edition (1977) and DOT Supplement (1986). Background. The United States Employment Service (USES) has published a Revised Fourth Edition DOT containing new, revised and updated occupational definitions from the Fourth Edition DOT in format similar to the 1968 DOT Supplement. The DOT is also being made available to users through a variety of electronic formats. Publication Availability. Copies of this document may be ordered from the United States Government Printing office. The Revised DOT stock number is 029-013-000-94-2, and the price is $40.00. Orders can also be made directly by calling (202) 275-2091, or by sending a check or money order to Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Information regarding data arrangement and technical support for various electronic formats is available from the USES North Carolina Occupational Analysis Field Center by contacting Mr. Stan Rose at (919) 733-7917. User Training Availability. The publication of the revised DOT renews the United States Employment Service's commitment to collect and disseminate occupational data that is comprehensive, up-to-date, and economically useful. The revised Fourth Edition now provides a wider range of occupational information, research, career guidance, labor market information, curriculum development and long-range job planning. It is essential that job interviewers, counselors and other appropriate grantee staff specialists be brought up to date on the changes implemented in the new DOT. In order to provide basic training in the use and application of DOT data, USES will establish an ongoing program of DOT user training. Attached is a list of contacts at the ETA regional office level who can provide additional information about the date(s) and location of user training. Grant administrative funds may be used for training costs. Questions. See attached list of Regional Office contacts. You may also contact your DINAP Federal Representative.

References. a. JTPA Regulations at 20 CFR 632. b. DINAP Bulletin 85-15, Administrative Cost Limit. c. DINAP Bulletin No. 86-9, Administrative Cost Pool. d. DINAP Bulletin No. 86-10, Linkages and Program Coordination. e. DINAP Bulletin No. 87-27, Technical Assistance Guide on Linkages and Program Coordination. f. DINAP Bulletin No. 87-46, Nonprocurement Debarment and Suspension Procedures. g. DINAP Bulletin No. 88-20, Administrative Requirements for DOL Grantees. h. DINAP Bulletin No. 88-22, Attachment 13. Information. a. General. The documentation to be submitted for PY 1991 is essentially the same as that submitted for PY 1990. The grant for the four-year period beginning with PY 1987 (July 1, 1987) and ending with PY 1990 (June 30, 1991) will be closed out. Close out instructions will be issued during the summer of 1991. A new four-year grant period will begin with PY 1991 (July 1, 1991). For those grantees awarded Title II-B Summer Youth Program funds, the new grant numbers will apply to the Summer Plan (SP) which will begin before July 1, 1991. New grant numbers will be issued with your approved PY 1991 CAP or SP. b. Special Instructions. The documents referenced in Section 21, above, are to be used as appropriate in the preparation of the PY 1991 MP and CAP and CY 1991 SP. Follow the Budget Information Summary (BIS) and Program Planning Summary (PPS) instructions in Attachment G. Follow the reporting instructions in Attachment G. Quarterly reports are to be post-marked no later than 45 days after the end of each quarter. Summer Program reports are to be post-marked no later than 45 days after the end of the Summer Program. The Annual Status Report is to be post-marked no later than 90 days after the end of the fourth quarter. All reports are to be sent to the following address: Ms. Rosabelle Pettross Employment and Training Administration 200 Constitution Ave., NW, Room S-5314 Washington, D.C. 20210 ATTENTION: TSVR. c. Common Errors to Avoid. Over the years, certain 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. They are listed below: -- The required number of copies of forms are not submitted. -- Required original signatures are missing. -- On the Budget Information Summary and Program Planning Summary, the arithmetic has errors, the dates are wrong, and the numbers 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 1990 to PY 1991. * (2) There is a 20 percent limit on carry-in from the 1991 Summer Title II-B program to the 1992 Summer Title II-B program. (3) There is a 25 percent limit on carry-in from the 1990 Summer Title II-B program to the 1991 Summer Title II-B program. (4) In July and August of 1991, designated grantees will be in the process of reconciling their PY 1990 grant financial records and determining the exact expenditures and balances as part of the exercise of completing their closeout packages. In July of 1991, DINAP will issue a bulletin with instructions on how to transfer any unexpended PY 1990 funds into the PY 1991 grant and how to return any PY 1990 funds, which had been carried in to the PY 1991 grant, back into the PY 1990 grant if necessary. (5) 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. Carry-in policy is established annually. Every effort should be made to keep carry-in down to an absolute minimum amount. Total available funds for PY 1990 are defined as new money for PY 1991 plus allowable carry-in from prior funding periods. This is the figure reflected online II of the BIS from which the 20 percent carry-in limit is calculated. e. Modification Policy for Program Year 1991. Attachment E contains minor changes in the procedures for submitting modifications. f. Policy on the Use of Employability Development Plans. The current Section 401 Performance Standards System has been revised to include an Employability Enhancement Measure (EEN) to give grantees credit for improvements in the levels of skills, knowledge and abilities of Section 401 participants brought about by the grantees' efforts. (See Attachment C.) To reflect this measure, the Annual Status Report (ASR) has been revised to capture data on various types of employability enhancement. This will require Section 401 grantees to collect and maintain, at a minimum, reading level information on all participants at time of entry into the Title IV-A program. In addition, for some outcomes, grantees will need to assess a participant's employability at the time of program entry. To measure and validate these levels of employability, including reading levels, grantees will be required to adopt a recognized testing device and administer it according to an approved plan. To record increases in employability and to track participant progress, all Section 401 grantees are encouraged to adopt some form of an employability development plan which will capture the data required to support these new employability enhancement outcomes. g. Performance Management - Goals for PY 1991-1992. 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. Action. Grantees must follow the instructions in this bulletin in preparing and submitting their PY 1991 MPs and CAPs and, where applicable, CY 1991 SPs. They should be mailed to the following address: Herbert Fellman Chief Division of Indian and Native American Programs 200 Constitution Ave., NW, Room N-4641 Washington, D.C. 20210 ATTENTION: MP/CAP/SP/ Desk PLAN DUE IN DINAP DOL APPROVAL BY MP April 12, 1991 June 20, 1991 SP April 12, 1991 May 15, 1991 CAP April 12, 1991 June 20, 1991 Grantees who need an early approval of their SP, should submit their MP and SP well in advance of submitting their CAP. Questions. Contact your DINAP Federal Representative.

References. Section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. Section 6 of the Fair Labor Standards Amendments of 1989. Job Training Partnership Act, as amended, Section 142(a)(2) and (3). DINAP Bulletin 89-31. Background. Section 142(a)(2) and (3) of the JTPA requires, in part, that compensation to participants under all activities financed under the Act be at the same rates as similarly situated employees or trainees. In no case may compensation be less than the rate specified in Section 6(a)(1) of the FLSA of 1938, as amended. The minimum wage will be increased in steps under provisions of the FLSA amendments enacted into law on November 17, 1989. The first increase took effect on April 1, 1990. The FLSA Amendments also include a "training wage" which may be used instead of the minimum to pay teenagers, aged 16-19, for their first 90 days (and in some cases, 180 days) of employment. This "training wage" was set at $3.35 an hour or 85% of the federal minimum wage, whichever was higher. Clarification. The Employment and Training Administration has reviewed the provisions of the Fair Labor Standards Amendments as they pertain to the JTPA and has determined the following: (1) the JTPA statute applies the minimum wage rate specified at Section 6(a)(1) of the FLSA to all the JTPA programs; (2) Section 6 of the Amendments, which contains the "training wage" provisions, does not amend Section 6 of the FLSA. As such, rather than establishing a new minimum wage rate at Section 6(a), the amendments provide for an exception to the minimum wage rates set forth at Section 6(a) of the FLSA; and (3) exceptions to the FLSA minimum wage do not apply to the JTPA training and employment programs. Based on the above and given the JTPA statutory requirements at Section 142(a)(2) and (3), there is no current authority to allow the use of the new "training wage" in the JTPA program. Therefore, the JTPA grantees will not use this FISA minimum wage exception. This will be the case for all JTPA programs including the Summer Youth programs under Title II-B. The JTPA statutory wage requirements will remain unchanged. Wages for those participants who receive the federal minimum wage was increased from $3.35 an hour to $3.80 an hour on April 1, 1990. The second increase, to $4.25 an hour, is scheduled for April 1, 1991. The Department of Labor is developing a technical amendment which it may submit to Congress to apply the "training wage" to JTPA programs in the future. Grantees will be notified if there are further developments. Action. Grantees are advised regarding the application of the new minimum wage provisions to the JTPA programs. Questions. Contact your DINAP Federal Representative.

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.