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References: Trade Act of 1974, as amended, Chapter 2, Subchapter A -- Petitions and Investigations, Section 225, Benefit Information to Workers; and Section B of APPENDIX A to GAL 15-90, dated August 21, 1990. Background: Recently staff from the General Accounting Office (GAO) testified before the United States Senate Committee on Finance on the results of its study of Economic Dislocation and Worker Adjustment Assistance (EDWAA) and TAA programs in three States. Of particular note was testimony that many TAA participants "did not receive training in their first 15 weeks of unemployment." GAO went on to testify that, "delays in the delivery of TAA training assistance were generally due to the worker certification and notification process." GAO, also testified that once workers are certified, notices of eligibility may take up to 60 days and that workers may have to wait a total of 4 months before they receive any TAA assistance. State Responsibility: States have a positive responsibility, under provisions of Section 225 of the Trade Act, Benefit Information to Workers, to provide individual notices to adversely affected workers of certification of eligibility to apply for TAA benefits. These notices should be sent to individuals at the earliest possible time after the Department of Labor issues an affirmative determination on a TAA petition investigation. Operating instructions on State responsibilities for providing benefit information notifications to adversely affected workers are issued at Section B of APPENDIX A to GAL 15-90, dated August 21, 1990. Action Required: States must inform all appropriate staff of this GAL and ensure that notifications to adversely affected workers are provided in accordance with the TAA program operating instructions at Section B of APPENDIX A to GAL 15-90.

References: a. Unemployment Compensation Amendments of 1993 (Public Law 103-152); b. Training and Employment Guidance Letter (TEGL) 8-93, dated April 25, 1994; "Final Planning Guidance for Job Training Partnership Act Title III State Plans for Program Years (PYs) 1994/1995; c. "Implementation of a System of Profiling Unemployment Insurance (UI) Claimants and Providing Them with Reemployment Services;" Supplement No. 1, Supplement No. 2. Background: Implementation of UI claimant profiling is an important component of the Department of Labor's (DOL) comprehensive workforce strategy. Claimant profiling and referral to reemployment services will become a primary way of ensuring early intervention assistance to dislocated workers. Referral of profiled UI claimants will be added to rapid response and other outreach and intake efforts for self-referral as the means by which dislocated workers will access reemployment assistance under JTPA Title III or Wagner-Peyser grants. The worker profiling and reemployment services concept encompasses two fundamental principles: 1. the early identification of UI claimants who are likely to exhaust their UI benefits before obtaining employment and, thus, who qualify as dislocated workers; and 2. the timely referral of claimants identified as likely to exhaust UI benefits to quality reemploy- ment services. This service process is designed to shorten the time required to return to productive, stable employment. It also ensures that dislocated workers who may not have been identified through rapid response will be made aware of services available under both JTPA Title III and Wagner- Peyser, so that they can begin the readjustment process as early as possible. Worker Profiling and JTPA Title III: a. Overall Objectives and Principles. The successful implementation and operation of a worker profiling and reemployment services system requires effective joint planning and cooperative efforts among all agencies and organizations responsible for adminis- tering or operating the unemployment compensation, employment service, dislocated worker and labor market information programs within the State. To be effective, the components of the system -- identification, selec- tion and referral, reemployment services, and feedback -- must be linked and must be developed at comparable levels of quality. A quality process for identification and selection does not accomplish the objective if there is not a quality set of reemployment services to which individuals can be referred. In short, the service process must operate as an integrated system of service delivery and not just a summation of service through two or more components. With an increase in funding from $500 million to $1.1 billion in Program Year 1994, the Department of Labor expects that the JTPA Title III program will be a major provider of reemployment services to UI claimants identified as likely to exhaust their UI benefits. Individuals identified through profiling will have the same characteristics and needs as dislocated workers currently being served through the Title III program. Consequently, the Department does not expect that service to individuals identified through profiling should have any negative effect on the ability of Title III service providers to meet current performance standards. At the same time, the Department recognizes that implementation of a worker profiling and reemployment services system represents a substantial impact on the JTPA Title III program, both in terms of the demand for services and the structure for providing services. The initiative creates an opportunity for using the increas- ed funds in PY 1994 to not simply increase service levels through the existing service approach, but to restructure the service approach to achieve improvements in productivity and service quality. Governors are strongly encouraged to use funds under Section 302(c), which are not subject to the minimum expenditure for retraining requirement, to provide support to the worker profiling and reemployment services system in the State. Governors are also encouraged to work with the substate grantees to explore the issues of waiving the minimum expenditure require- ment for retraining as provided for at Section 315(a)(2) of the Act so that additional amounts of Title III funds can be directed to basic readjustment services. Finally, Governors are encouraged to establish, through the State agencies responsible for implementing this initiative, seamless service delivery procedures so that eligibility determinations are completed, to the maximum extent possible, on individuals before they are referred to specific service providers for reemployment services. b. Specific Implications. Profiling becomes another source of referrals of dislo- cated workers into the Title III service system. The State and substate grantees continue to be responsible for ensuring that services are provided to eligible individuals and in accordance with the provisions of JTPA and the September 2, 1994, Regulations. Because the Unemployment Compensation Amendments create a manda- tory participation requirement for individuals identi fied through profiling and referred to reemployment service providers, the State, as suggested in the previous section, should take steps to ensure that the eligibility of individuals to receive Title III funded services is established prior to referral to Title III service providers. Current policy regarding the point at which eligible individuals must be enrolled as participants in the Title III program will continue to apply. Title III funds may be used to pay the cost of outreach, eligibility determination, and an assessment of suit- ability for available assistance prior to enrollment, but receipt of services beyond these requires that the individual be enrolled as a participant in the Title III program. In the context of the profiling and reemploy- ment services system, pre-enrollment activities can include orientation, a determination of eligibility for Title III services, and review of information to confirm that the individual has been appropriately referred to the Title III program. The implementation guidance on the Worker Profiling and Reemployment Services System states that referral of individuals identified through profiling will occur in accordance with agreements between UI and reemployment service providers on the capacity to accept and provide assistance to such individuals. The Department expects that State and substate Title III program operators will not use this provision as a basis for screening out or limiting the service capacity available for dislocated workers identified and referred through profiling. Rather, this provision will be used to ensure that individuals are not referred to providers who do not have the current capacity to provide services to them. Since UI claimant profiling will become an increasingly significant source of dislocated worker outreach and referral, the Department expects that Title III program operators will be taking steps to improve their capacity to provide quality services to larger numbers of dislo- cated workers and that a significant portion of that capacity will be available to eligible individuals identified and referred through profiling. Availability of Supplemental Funds: The Department is making available in PY 1994 up to $20 million, from Title III funds reserved for the Secretary, in supplemental financial assistance to States to ensure effec- tive implementation of a worker profiling and reemployment services system. These limited resources are available on a one-time basis only and should not be viewed as an ongoing source of financial assistance. Supple- mental funds are available for start-up and quality/productivity improvement costs only. They may not be used to increase service levels to a point which will not be sustainable in the absence of the supplemental assistance. Some of the prototype States have received supplemental funds for early implementation. First and Second Wave States that can demonstrate a need for additional, one-time funds, and have a well developed strategy for improving productivity and service quality for dislocated workers are invited to apply for supplemental Title III funds. Funds will be provided to the designated State agency which administers the JTPA Title III program. Within the State, funds can be provided to and used by any organizational entity which is involved in providing reemployment services to eligible dislocated workers through the State's Worker Profiling and Reemployment Services system. Procedures and Criteria for Award of Supplemental Funds: a. Allowable Uses of Funds. The funds which are available to the States are JTPA Title III funds and must be used in a manner consistent with the provisions of Title III of the Act. That is, funds can only be used for activities and cost items authorized under Title III for eligible dislocated workers. b. Priorities for Use of Funds. Funding requests will be evaluated according to the following criteria: -- First and foremost, the State has made or will make a substantial contribution of State formula (both Title III and Wagner-Peyser) funds to support the reemployment services component for the worker profiling and reemployment services system. -- There is a clear demonstration that the requested funds are not to cover ongoing operational costs related to increased service levels and/or that there will be a fund sour ce to pick up any continuing future operational costs. -- Highest priority will be given to costs designed to improve the long-term quality and productivity of the reemployment service system; and to effectively implement new integrated operational relationships. Such costs could include staff training in improved service methods, implementing technologies and meth- ods by which participants can self-access services and information, and integrated information systems (including the feedback mechanism required in the worker profiling and reemployment services system). -- Lowest priority will be given to funding the costs of direct service staff positions. Proposals which request funds to simply serve more individuals at current, or higher, cost per participant levels will not be considered. In general, requests should not exceed ten percent of the State's PY 1994 JTPA Title III allotment. An appro- priate percentage will vary according to the size of the State 's allotment (i.e., the percent should be smaller for States with large allotments and PY 1994 increases, and vice-versa). The guidelines described in this issuance will be used to review all requests for supplemental JTPA Title III funds from First and Second Wave States. For Prototype and First Wave States which have already received approved supplemental funding, requests for additional supplemental funding will be not be considered, but such States may submit modifications regarding the use of supplemental funds in accordance the priorities de- scribed in this issuance. c. Submission of Supplemental Requests. Requests for supplemental funds should be submitted to: The Office of Worker Retraining and Adjustment Programs U.S. Department of Labor Room N-5426 200 Constitution Ave., NW Washington, DC 20210 ATTN: Maurice Birch The request shall be submitted by an authorized signatory of the designated State agency which administers the JTPA Title III program. A copy of the request should simultaneously be submitted to the appro- priate Regional Office. The format for the submission is included as an attach- ment. d. Award of Funds. All requests from designated First Wave States should be received no later than December 1, 1994. Approved funds will be awarded within 60 days, or by February 1, 1995, as part of or through a modification to the partnership agreement. All requests from Second Wave States should be received no later than June 1, 1995. Approved funds will be awarded within 60 days, or by August 1, 1995, as part of or through a modification to the partnership agreement. Action: States which have developed plans for implementing a worker profiling and reemployment services system, and which require supplemental funds to effectively implement the reemployment services component of the system, should prepare and submit a request for such funds in accordance with the guidelines and procedures described in this issuance. For those States which have already submitted a request for supplemental Title III funds, these requests will be evaluated as submitted unless the State chooses to submit additional or modified information by the indicated deadlines.

References: 20 CFR 656, 20 CFR 655, Subpart A, 20 CFR 655.300, 20 CFR 655.700, and 20 CFR 655.900. Background: Beginning with FY 1993, SESAs will be required to submit reports about their alien labor certification workload to ETA on a semi-annual basis. The information will be collected through a new reporting form, the Semi-Annual Alien Labor Certification Activity Report (ETA-9037). The data from this report will provide important program information about SESA workload in a number of immigration programs and provide ETA with more timely management information. The data will be used for program monitoring and evaluation and for future distribution of alien certification funds. OMB Approval: The Office of Management and Budget (OMB) has approved the information collection for these reports according to the Paperwork Reduction Act of 1980, under OMB Approval No. 1205-0319, expiration date, January 31, 1995. Action Required: SESAs should review the form and familiarize themselves with the information being requested. The report will be due to the Regional Office October 15 and April 15. The first report will be due in ETA's Regional Office on April 15, 1993. SESAs should develop procedures for collecting the specified data at the beginning of the Fiscal Year.

References: Title 20 CFR Parts 652 and 655, 8 CFR 214.2(h), 48 FR 2587, GAL 10- 84. Background: The H-2B visa classification applies to aliens coming temporarily to the U. S. to perform nonagricultural work of a temporary or seasonal nature, if U.S. workers capable of performing such service or labor can not be found in the United States. The H-2B visa classification requires a temporary labor certification from the Secretary of Labor advising the Immigration and Naturalization Service (INS) whether or not U.S. workers capable of performing the temporary services or labor are available and whether or not the alien's employment will adversely affect the wages and working conditions of similarly employed U.S. workers, or a notice that such certification can not be made, prior to filing an H-2B visa petition with INS. The attached procedures are intended to clarify and update DOL procedures for processing applications for temporary labor certification and to incorporate INS standards for determining the temporary nature of a job opportunity under the H-2B classification. They do not apply to applications filed on behalf of aliens in the entertainment industry and in professional team sports. These procedures replace: General Administration Letter No. 10-84: Procedures for Temporary Labor Certifications in Nonagricultural Occupations (Issued 4/23/84); General Administration Letter No. 10-84, Change 1: Revised Standards for Determining the Temporary or Permanent Nature of a Job Offer made in Conjunction With An Application for Nonagricultural Temporary Labor Certification (Issued 8/21/89); and General Administration Letter No. 10-84, Change 2: Handling of Temporary Labor Certification Applications for Boilermakers (Issued 5/9/90). Action Required: SESA Administrators are requested to provide the attached procedures to appropriate staff, and instruct that they be followed in processing H-2B applications.

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Reference. DINAP Bulletin No. 94-07. Background. Pursuant to the designation instructions published in the Federal Register (59 FR 50001) and transmitted to current JTPA section 401 Indian and Native American grantees in DINAP Bulletin No. 94-07, the Department has published a list of those grantees applying for and receiving waivers from competition for the PYs 1995-96 Designation Period. Waivers of competition have been implemented in accordance with the provisions of section 401(l) of the Act, as amended, which states that if a grantee has performed satisfactorily according to plan for the current 2-year grant period, the Department may waive the requirement for competition upon receipt of a satisfactory plan for the succeeding 2-year grant period. To be considered for a waiver, current grantees were required to submit an Advance Notice of Intent in accordance with the instructions contained in DINAP Bulletin No. 94-07. Action Required. a. Grantees receiving waivers must still submit a Final Notice of Intent pursuant to the instructions contained in DINAP Bulletin No. 94-07, except that they need only submit a Standard Form 424 in lieu of a full Notice of Intent. There will be no competition for their existing service area. b. Grantees appearing on the list of tentative waivers must resolve outstanding problems within 10 calendar days of the publication of this Federal Register notice in order to receive a full waiver. c. All grantees not waived for competition and still interested in being designated as a JTPA section 401 grantee should submit an original and two copies of the Final Notice of Intent, along with all appropriate materials, postmarked not later than January 1, 1995, to: Thomas M. Dowd Chief Division of Indian and Native American Programs ATTN: Designation Desk U.S. Department of Labor 200 Constitution Avenue, N.W. Room N-4641 Washington, D.C. 20210 Inquiries. Questions should be directed to your Federal Representative on (202) 219-5504.

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Reference: Training and Employment Guidance Letter (TEGL) No. 3-94, dated November 10, 1994, section 6.d. Award of Funds (p. 6). Revised Dates: The deadline for the submission of supplemental financial assistance requests for JTPA Title III funds from designated First Wave States has been revised. All such requests should be received no later than December 30, 1994. Correspondingly, approved funds will be awarded no later than February 28, 1995.

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