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References. P.L. 97-300, Section 4(8) (JTPA); and Internal Revenue Code, Section 51 (TJTC). Background. JTPA regulations at 20 CFR 632.4 provide for the use of either of two sets of data in determining economically disadvantaged persons and program eligibility: the Health and Human Services Poverty Guidelines or the LLSIL. The attached Federal Register Notice (Vol. 57, No. 65) contains updated LLSIL and detailed instructions for their use, effective April 22, 1994. Action. Grantees will use one of the three tables on pages 19244 and 19245 of the Notice to find their 70 percent LLSIL for a family of four. Those grantees in one of the 25 Metropolitan Statistical Areas will use Table 3; grantees in Alaska or Hawaii will use Table 2; all other grantees will use Table 1. Grantees using Table 1 can find which region they are in by referring to the list on page 19242. Grantees using Tables 1 or 2 must also determine if they are in a metro or non-metro area; this information can be obtained from the grantee's State JTPA. Having found the applicable 70 percent LLSIL for a family of four on Tables 1, 2 or 3, the grantee can then find the 70 percent LLSIL for a family larger or smaller than four on Table 4 (page 19246). For example: a grantee in a non-metro area of Arizona is in the "West" region. On Table 1 its 70 percent LLSIL is 17,180. To find the applicable 70 percent for a family of six, the grantee finds 17,180 in column "four" of Table 4 and reads across that line to Column "six" to find 23,710. Grantees should note the disclaimer on page 19242 that the figures in this notice are valid only for eligibility determination under the JTPA and TJTC programs and should not be used for any statistical purposes. DINAP grantees are to disregard the instructions to Governors on page 19242 in the paragraph entitled "Use of These Data." Questions. Contact your DINAP Federal Representative.

Background. Title II, Section 201 of Public Law 102-318 amended the Federal-State Extended Unemployment Compensation Act of 1970 by providing for the use of a 3-month average seasonally adjusted TUR as an alternative trigger mechanism for determining a State's eligibility to pay EB. Prior to the alternative TUR trigger, any determination of whether a State was triggered "on" or "off" EB was based on the State's 13-week insured unemployment rate (IUR) as reported by the State agency. Within 10 calendar days after the end of any week with respect to which the head of a State agency had determined that there was an "on" or "off" indicator change, the State was required to notify the Secretary of the change (see 20 CFR 615.12). This requirement still applies to EB periods based on the IUR trigger. The DOL's Bureau of Labor Statistics is the official source of the alternative TUR trigger, which makes it the DOL's responsibility to determine the rates of total unemployment for "on" or "off" EB indicators with respect to this trigger (see 203(f)(2) of Federal-State Extended Unemployment Compensation Act of 1970). This necessitates that DOL implement a notification process to advise affected States of a status change based on the alternative TUR trigger. DOL's Notification Process of an EB Status Change. Effective immediately, the Department of Labor will issue a notice to the appropriate State official when it has been determined that a State's EB status will change due to the alternative TUR trigger. This notice will include the circumstances which resulted in the status change. Except for the requirement in Section 615.12(e), States still must follow all procedural requirements of 20 CFR 615 related to notification of the Department. Action Required. State Administrators are requested to provide the above information to all appropriate staff.

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The Department of Labor is issuing updated non-financial reporting requirements for programs funded under Titles II and III of the Job Training Partnership Act (JTPA). These instructions update those transmitted via TEIN 5-93 on July 30, 1993. Also, as appropriate, SPIR coding instructions have been updated and edits have been modified. The updated coding instructions and edits have been provided under separate cover. OMB Approval and Reporting Burden: The SPIR reporting requirements have been approved by the Office of Management and Budget (OMB) according to the Paperwork Reduction Act of 1980, as amended, under OMB Approval No. 1205-0321 (expiration date June 30, 1995). Reporting Instructions: The Governor will submit a separate report for each participant who terminates from a JTPA program, as specified in the attached instructions for preparation of the SPIR. a. Highlights of Clarifications/Language Changes to the SPIR Reporting Instructions. While additional codes have been provided in several items, no new data elements have been introduced. These are the highlights of the changes: 1) Language pertaining to the time when reading and math skills may be recorded is included in the General Instructions. 2) Language pertaining to the non-termination of partici- pants in Title II-C/B is included in the General Instruc- tions. 3) Language has been added to Item 3 emphasizing the requirement that a Social Security Number is required on every record submitted. 4) Codes for Title II-B and for Title I, Section 123, (8%) have been added to Item 10. 5) Specific language regarding age eligibility is provided in Item 12. 6) Codes for the JTPA Title IV and for the Trade Adjust- ment Act (TAA) programs have been added to Item 12a. 7) Language about recording the economic disadvantaged status of referrals from other programs to JTPA Title II-C and Section 204(d) programs is provided in Item 13. 8) A statement regarding use of subsidized training wages has been added to Item 22. 9) Language indicating that only occupational skills codes are to be recorded is included in Item 31. 10) A statement that an incentive payment to a partici- pant for excellent attendance in program activities is not reportable on the SPIR has been added to Item 32. 11) Language has been updated in Item 32f. re Needs- related payments for Title III. 12) Additional language has been added to Item 34 covering entry from JTPA into the Peace Corps, VISTA, and other National Service programs. 13) Language has been updated in Item 34b. re Relocated out of area for Title III. 14) Language addressing participant refusals of employer- assisted fringe benefits is provided in Item 35c. Also, explicit reference to a probationary period is now included. 15) Additional language re the number of YECs required for the Adult/Youth Employability Enhancement outcome has been added to Item 36. 16) Clarified language specifying the required period of retention for the Returned to/Remained in School outcomes is provided in Items 36b/c. The definition for Satisfac- tory progress in school has been added to the note for Items 36b/c. 17) Language covering entry from JTPA into the Older Americans Act, Title V, program has been added to Item 36g. 18) Language specifying when the reporting of information in items 35a-f is required has been added to Item 38. 19) Additional clarifying language has been added to Item 38. 20) Language has been added to the instruction for Item 39, code 6, re transfers within a given SDA under Title II. 21) Additional language has been added to the paragraph just prior to Item 40 regarding the treatment of partici- pants coded in Item 12 as 7, Title II-A 5% exempt from performance standards. 22) Guidance on the single 90/30-day period of inactive status, originally appearing in TEIN 3-92, Attachment C, has been provided as Appendix C of this document. Action Required: State Liaisons are requested to distribute the attached instructions to all officials within the State who need such information to administer the SPIR reporting require- ments.

Background: The compliance supplement was updated by OMB to provide better coverage for all Federal funding. Within the U.S. Department of Labor, the Office of Inspector General worked with each program agency to identify important compliance features. OIG provided this information to OMB and it has been included in the supplement. This supplement incorporates the improved features of the Supplement for State and local government audits (loose-leaf format, expanded general requirements section, improved indirect costs coverage and guidance for review of the financial reports). Its format is the same as that of the "Compliance Supplement for Single Audits of State and Local Governments," and it is designed to be used in conjunction with that document. The Questions and Answers document was prepared to provide clarifications and additional practical working guidance to those participating in A-133 audits. Action Required: These documents are provided for your information. You may wish to provide copies to your SDAs and other appropriate entities.

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References: UIPL No. 16-94, (3/15/94) UIPL No. 18-93, (3/18/93), UIPL No.20-93 (3/8/93). Background: The RQC staff compiles questions and issues that arise during RQC training classes, Regional and National Office monitoring trips, and from other sources in order to develop a generic set of answers to those questions believed to be of universal interest to the State staff implementing RQC. Questions and Answers: The attached Q&As (dated May 1994) are an addition to the compilation of questions and answers dated February 1994. The Q&As are arranged by tax function and in the same sequence as the RQC Operations Handbook. This format provides the necessary flexibility to allow periodic Q&A updates to be inserted in the appropriate section. (For example, the May Status Acceptance Sampling pages can be inserted at the end of the February Status Acceptance Sampling section.) Numbering of the questions is continuous. Action Required: SESA Administrators are requested to provide the attached Q&As to RQC Reviewers and appropriate ADP staff. Three copies are attached for your convenience.

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