Reference. - JTPA Section 604 of Amendments of 1992 - DINAP Bulletins 84-2, 84-41, 86-39 and 89-37 Background. Section 401 of the JTPA Amendments of 1992 requires individuals participating in any program established under this Act to provide evidence that they have registered with the Selective Service pursuant to Section 3 of the Military Selective Service Act. This is applicable only to male applicants born after December 31, 1959, who are between the ages of 18 and 26. Therefore, all male applicants who are within the eligible age group must register with the Selective Service. It has come to our attention that occasionally males applying to participate in the Section 401 program who were born after December 31, 1959, have failed to register with the Selective Service, and are no longer eligible because they are older than 26 years of age. In the past, grantees were required to complete an "advisory form" for these applicants to be sent to the Selective Service. The Selective Service responded by issuing an "advisory opinion letter." However, officials with the Selective Service have determined that final decisions for dispersing benefits, rights or training rests solely with the various provider agencies. Accordingly, starting in January of 1995, Selective Service no longer issues "advisory opinion letters." The former opinion letter has been replaced with a "Status Information Letter" indicating the applicant's Selective Service status. (See attached sample letters.) Action. Individuals over 26 years of age possessing a letter from the Selective Service indicating the individual is not registered and cannot be registered because the law does not allow for registration after the age of 26, are to be determined eligible for the JTPA, Section 401 program, providing all other eligibility requirements are met. Inquiries. Contact your DINAP Federal Representative Team at (202) 219-8502.

Reference: Training and Employment Information Notice (TEIN) No. 20-92, JTPA Amendments Implementation Strategy. Background: The State Oversight TAGs were prepared by a contractor, Kerber, Eck and Braeckel, under a competitively awarded contract with the Employment and Training Administration. The Illinois Department of Commerce and Community Affairs, as contractor for regional JTPA technical assistance and training funds, and the Region V ETA office managed this activity. There was also an advisory group composed of States in Region V that guided this activity from its inception. The contractor also conducted several surveys of all States to ascertain their primary needs regarding oversight. These TAGs are a reflection of those needs expressed by the States and the State advisory group. General Statement of Purpose/Design: The State Oversight TAGs address the complex area of State oversight, but go beyond what is the required minimum (i.e., compliance areas) so that States can address the issues of quality and continuous improvement in the context of their specific State concerns. This gains increasing value as the employment and training system moves into an environment where States can modify programs to address their specific priority issues, and where continuous improvement and customer-driven systems are paramount. The five volumes of this technical assistance product are divided into three TAGs which provide a framework for the evaluation of a State's oversight system, guidance and information that assists in the modification of the oversight system to ensure coverage of all required areas and, lastly, a guide that assists a State in developing a framework for oversight of program quality. Other objectives include a user-friendly abstract for the requirements in the Act and Regulations, training tools for new staff/new responsibilities and a risk analysis process that allows a State to determine where to expend shrinking resources. These TAGs are as follows: JTPA REQUIREMENTS ABSTRACT AND INDEX (3 volumes) This is an easy-to-use alternative resource for obtaining information on requirements that affect States and subrecipients under JTPA. Each abstract summarizes and simplifies JTPA statutory and regulatory requirements and provides a detailed index so that specific requirements can be found quickly. They are designed to simplify and expedite the requirements research process by addressing difficulties often associated with statutory and regulatory federal program requirements, such as technical style and manner, need to consult more than one source and need for frequent cross-referencing. This TAG is in three volumes: Part I - General Administrative and Program (which applies to both Titles II and III). Part II - Requirements Under Title II Part III - Requirements Under Title III STATE OVERSIGHT OF COMPLIANCE AND PERFORMANCE This TAG contains materials intended to assist States as they continue to manage and improve this aspect of their oversight responsibilities. Effective compliance oversight makes a critical contribution to improving and maintaining high levels of performance related to customer needs and customer satisfaction. This TAG also contains a risk assessment process that can assist a State in identifying vulnerable areas and making decisions about deployment of resources. STATE OVERSIGHT OF PROGRAM QUALITY This TAG is based on the premise that specific measures of program quality are best developed by each State and structured appropriately to the circumstances and priorities of that State. Therefore, this TAG does not directly define specific measures of program quality that can be applied across the board to local programs. This TAG provides a framework and guidance to States on how to structure oversight activity oriented toward the quality of local programs. It assumes that the quality of local programs is determined primarily by and through the operation of local program processes, e.g., the planning process. This TAG guides States in oversight of those processes which are believed to be the ones affecting program quality. This orientation also allows States to develop a cogent, rational technical assistance plan which focuses on improving program quality at the local level. Technical Assistance: There is no national, formal training being planned for these TAGs. Rather, funds are available in the contract to provide technical assistance to the system as is deemed most appropriate by ETA regional offices in consultation with the States. Resources are available to provide on-site technical assistance or training with each region. This assistance could cover any or all of the TAGs, or focus on a specialized area such as risk analysis or the State Oversight of Program Quality TAG. Distribution: Copies of the TAG have been provided under separate cover to all State JTPA Liaisons for distribution to appropriate State staff. Electronic Distribution: All three TAGs are also available electronically via ETA's Training Technology Resource Center (TTRC) FTP server. Please note, all files are in Wordperfect 5.1 format. Should you have any problems or questions about retrieving these files, please call the TTRC at (800) 488-0906 and ask for "ETA TAG Support." Direct your FTP client program to: ftp.ttrc.doleta.gov Log in as "anonymous" and enter your e-mail address as your password. Make sure your FTP client program is set to transfer BINARY files. Once connected, change directory to the \tags directory. In the \tags directory you will find the following three subdirectories. compliance.9505 for State Oversight of Compliance and Performance Under JTPA. quality.9505 for State Oversight of Program Quality Under JTPA. req-abs.9505 for JTPA Requirements Abstract and Index The following is a listing of the files found in each of the subdirectories: Subdirectory: compliance.9505 comptag1.wp5 Full text of TAG except for the checklists. comptag2.wp5 Exhibit 2.1: Compliance Review Checklist. comptag3.wp5 Exhibit 3.1: Performance Review Checklist. comptag4.wp5 Exhibit 4.1: Checklist of State's Direct. Responsibilities comptag5.wp5 Exhibit 4.2: Checklist for Review of Job Training Plans and Plan Modification. comptag6.wp5 Exhibit 4.3: Checklist for Review of PICs. Subdirectory: quality.9505 qualtag.wp5 Full text of TAG Subdirectory: req-abs.9505 defin.wp5 TAG Instructions. instr.wp5 TAG Definitions. parti.wp5 Part I: General Administrative and Program Requirements. partii.wp5 Part II: Requirements Under Title II. partiii.wp5 Part III: Requirement Under Title III. Change directory to the appropriate TAG directory. Use the transfer feature capability of your FTP software to transfer file to your PC. If using a Windows based product, click on the transfer arrow, or if using a command line FTP, issue the appropriate 'get' or 'mget' command to retrieve one or more of the documents. Action Required: States are requested to review these materials. They will be contacted by their Regional Office to determine the type of follow- up technical assistance desired.

Click on the link below to view, save, or print out the document.

Background: Last year, ETA awarded a grant to the National Youth Employment Coalition (NYEC), an organization with an extensive background in youth programs and issues, to plan, test and develop PEPNet. This network will establish standards, methods of measurements, a nomination process and recognition for youth programs that have demonstrated their effectiveness or potential. Programs with promise or demonstrative effectiveness will be examined as models for replication and vehicles for learning. Furthermore, it is expected that PEPNet will assist in showcasing many of our finest youth programs (or program components) to demonstrate what works and what is possible. The identified programs will not be limited to ETA funded programs, although it is expected that most will be from Job Training Partnership Act (including Job Corps), Bureau of Apprenticeship Training, and School-to-Work. ETA is focusing its effort into creating a more comprehensive youth development system that will serve in-school and out-of-school youth and foster the underlying philosophy -- work-based, contextual learning that fuses work with experiential schooling. PEPNet will further these goals by establishing a visible network of successful or promising youth programs that can be a catalyst to expand the number of effective youth programs. Next Steps: NYEC has convened a broad-based group of experts in youth programs from both the public and private sectors, including researchers, program operators, educators, and business representatives, to develop criteria needed to select promising and effective youth programs. It is anticipated that the criteria will be distributed by the end of March 1996. The nomination process and format will be completed by the end of April 1996. A Training and Employment Information Notice containing further details on the nomination process will be sent to you, requesting nomination of youth programs or program components you believe meet these criteria. The PEPNet workgroup of experts will then select the youth programs from those nominated based on the criteria and evidence of effectiveness. Information Accessible Electronically: As information on PEPNet becomes available, it will be made accessible electronically via the Training Technology Resource Center (TTRC) on-line information system. TTRC is accessible by: calling 1-800-488-0901 voice; via modem by dialing 1-800-767-0806; or Internet: WEB URL: HTTP://WWW.TTRC.DOLETA.GOV.

Click on the link below to view, save, or print out the document.

Reference. DINAP Bulletins Nos. 95-03 and 95-12. Background. As was stated in DINAP Bulletin No. 95-03, there will be no new title II-B appropriations from which to allot new funds to eligible grantees for the summer of 1996, although summer youth activities remain allowable under the Act. As also stated in that bulletin, grantees with unspent title II-B funds may carry them over to the summer of 1996 to provide allowable summer youth activities/services. Because no new funds have been appropriated under title II-B for summer youth programs, section 401 grantees are not required to submit a Summer Plan. However, those grantees who have sufficient carry-over title II-B funds to provide summer program activities during 1996 must submit a formal modification requesting Grant Officer approval (see MOD attachment). Action. Grantees planning to use title II-B funds to provide allowable Summer Youth activities during the summer of 1996 must submit a formal modification to the Department of Labor by April 12, 1996. Mail modifications to: U.S. Department of Labor Employment and Training Administration Division of Indian and Native American Programs Room N-4641 FPB 200 Constitution Avenue, N.W. Washington, D.C. 20210 ATTENTION: MIS DESK This modification should clearly state that the grantee intends to expend title II-B funds carried over to provide allowable Summer Youth activities during the summer of 1996. Grantees must also complete a Budget Information Summary (BIS) form indicating the level of Federal funds to be devoted to the 1996 summer program. To utilize title II-B funds appropriated prior to 1995 (under the now-expired 99-1/B-3 grants), grantees should have submitted a modification according to the instructions contained in DINAP Bulletin No. 95-12. If a modification request to transfer title II-B funds from expired grant periods to the current grant has not been submitted, it must be prior to the submission of a modification requesting approval to provide Summer Youth activities in 1996 with II-B carry-over funds. All previously-issued rules, regulations, and statutory requirements for the title II-B program remain in effect during 1996, including reporting requirements. Grantees are reminded that only Federal (JTPA) funds utilized for 1996 title II-B activities need to be accounted for in the summer Financial Status Report. Questions. Contact your DINAP Federal Representative Team.

Reference. Job Training Reform Amendments of 1992. Background. As required by the Job Training Reform Amendments of 1992, the Native American Employment and Training Council was established by charter, effective July 1, 1993. The charter provides for eighteen members appointed for two years. Currently, the Council has two vacancies, the Region I representative position which expires on June 30, 1996, and the Other Discipline Member which expires on June 30, 1997. Additionally, the nine memberships which will expire as of June 30, 1996, are as follows: Region I Region V Vacant Karen Kay Central Maine Indian Assoc. Michigan Indian Employment Bangor, Maine and Training Services, Inc. Expires June 30, 1996 Holt, Michigan Expires June 30, 1996 Region II Alaska Ms. Marie Benedict Mr. Alexie Morris St. Regis Mohawk Tribe Association of Village Council Hogansburg, New York Presidents Expires June 30, 1996 Bethel, Alaska Expires June 30, 1996 Hawaii Ms. Winona Whitman Alu Like, Inc. Honolulu, Hawaii Expires June 30, 1996 Other Disciplines Mr. Gaiashkibos Vacancy Lac Courte Oreilles Expires June 30, 1997 Hayward, Wisconsin Expires June 30, 1996 Dr. Rose-Alma McDonald-Jacobs Mr. Clarence Skye Native American Consultant United Sioux Tribes of South Hogansburg, New York Dakota Expires June 30, 1996 Pierre, South Dakota Expires June 30, 1996 Mr. Eddie Tullis Poarch Band of Creek Indians Atmore, Alabama Expires June 30, 1996 Grantees may renominate these individuals for these memberships, or may submit the names of new individuals. Consistent with the terms of the charter, all nominees must be Indian or Alaskan Native or Hawaiian Native individuals. Only grantees in Regions I, II, IV, and Hawaii may submit nominations for the membership vacancies in those areas. The Department of Labor (the Department) will accept nominations for "other discipline" vacancies from all Section 401 grantees. Indian tribes or Indian, Alaskan Native or Hawaiian Native organizations that do not operate Section 401 grants may also submit nominations for the "other discipline" category. Self nominations will also be considered. In submitting nominations, grantees should consider the willingness of the nominee to attend Council meetings, and to provide feedback to the grantee community. The Department views the Council as its major source for consultation with the grantee community, and, as such, communication between the Council member and his/her constituency is critical. Action. If you would like to suggest nominees for the Council, please submit the names of these individuals to the following address: Thomas Dowd Chief Division of Indian and Native American Programs U.S. Department of Labor 200 Constitution Avenue, N.W. Room N-4641 Washington, D.C. 20210 ATTN: Council Desk We would appreciate having the nominations postmarked no later than April 12, 1996. Questions. Contact Thomas Dowd, Chief, Division of Indian and Native American Programs on (202) 219-8502. In his absence, call Mr. Greg Gross at (202) 219-7509.

References. DINAP Bulletin No. 94-23. Background. a. To assist grantees missing numerous active DINAP bulletins, DINAP has put these bulletins onto a 3.5" diskette. Paper copies of the supplemental attachments complete the bulletin diskette packet. b. You will need access to a computer with the following system requirements to use the diskette: 1. IBM Compatible. 2. 3.5" Floppy Disk Drive. 3. WordPerfect 6.0 or higher. 4. Printer. c. PY 1994 and PY 1995 bulletins are available on the TTRC database. To access, refer to Section 4: Configuring Other Systems Information of the PC Sprintmail for Windows Installation and Configuration Guide provided to all grantees with their Sprintmail software. d. The bulletin diskette is intended for those programs missing many or all of the active operating bulletins. Grantees missing only a few bulletins can receive them by FAX, Sprintmail (attachment), or standard mail. Action Required. Determine what bulletins you are missing by referencing DINAP Bulletin 94-23 and contact your Federal Representative (Fed. Rep.) Team and inform them of your needs. You are strongly encouraged to communicate your request by utilizing your Sprintmail account. Questions. Contact your Fed. Rep. Team.

Click on the link below to view, save, or print out the document.

References: Public Law (P.L.) 104-92; Subchapter I of Chapter 85 of Title 5 U.S.C.; 20 CFR Part 609; and ET Handbook No. 391. Background: General. During the recent partial shutdown of the Federal Government from December 15, 1995 to January 6, 1996, several SESAs issued UCFE payments to furloughed Federal employees for weeks of unemployment occurring during this period. P.L. 104-92 provided, in part, that all officers and employees of the affected Federal agencies were deemed to be performing services during the partial shutdown period and were issued retroactive salary payments for the period of their furlough. This should result in the establishment of overpayments by the SESAs which issued UCFE payments to furloughed employees for weeks of unemployment during the partial shutdown for which these Federal employees subsequently received retroactive salary payments. The SESA has the responsibility for determining if a UCFE program overpayment has occurred and commencing recovery actions on UCFE overpayments. Federal law at 5 U.S.C. 8502(b) provides that UCFE will be paid by the State to a Federal employee in the same amount, on the same terms, and subject to the same conditions as is provided to individuals covered under the applicable State's unemployment compensation (UC) law. For UCFE purposes, the applicable State is the State to which the individual's Federal wages were assigned under 5 U.S.C. 8504 (or 20 CFR 609.8). Further, the UCFE program regulations at 20 CFR 609.11 provide, in part, that the establishment and recovery of UCFE overpayments are made under provisions of the applicable State's UC law, including if the State law requires the employer, rather than the claimant, to reimburse the State for the overpayment. The UCFE program operating procedures for the establishment and recovery of overpayments are contained in Chapter XXI of ET Handbook No. 391 (see Change No. 1, dated May 1985). The regulations at 20 CFR 609.11(c) also provide that SESAs may take all actions provided under any State or Federal law to recover any outstanding UCFE overpayment amount. Effect of UCFE payments to furloughed employees on the Benefits Quality Control (BQC) sample: Once a SESA issues a UCFE payment, there is a potential that the payment may be selected for the BQC sample. Payments made to furloughed Federal employees are thus valid parts of the BQC sample and consistent with BQC policy, should be pursued by BQC regardless of any subsequent actions such as the payment being returned by the claimant or an overpayment being established. If sampled, SESA BQC units should treat these UCFE payments as normal BQC cases, and the SESA BQC units should evaluate them based on all applicable eligibility criteria. State BQC units should take into consideration that in these unique cases, SESAs have made payments based on all the facts that existed at the time the payment was issued. Therefore, a legislative change that occurred after the payment was issued should not in and of itself, affect the propriety of the case for BQC purposes. In other words, receipt of compensation for the period of the Federal furlough should not by itself constitute an improper payment for BQC coding. Information Provided Federal Agencies: The Department has notified Federal agencies that the SESAs will likely establish overpayments on the claims of furloughed Federal employees who received UCFE payments for weeks of unemployment during the December 15, 1995 through January 6, 1996 partial Federal Government shutdown. Federal agencies were asked to provide retroactive salary information to the SESAs that made UCFE payments to furloughed Federal employees and to cooperate with the SESAs in their overpayment establishment and recovery activities. Action Required: SESAs are requested to: Share the contents of this directive with all appropriate staff, including the BQC Supervisor; Review SESA UCFE payment records to determine if payments were made to furloughed Federal employees for weeks beginning between December 15, 1995, and January 6, 1996; Determine whether UCFE payment(s) made to furloughed Federal employees for weeks beginning during the above period constitute an overpayment under State law; If such payments do constitute an overpayment under State law, obtain from the current employing Federal agency of each furloughed employee who was paid UCFE during this period-- The amount of the retroactive salary payment made to the furloughed employee, and The weeks to which the retroactive salary payment applies; Establish UCFE overpayments in accordance with the provisions of State UC law; Initiate all overpayment recovery actions permitted under the UCFE program, including, if contained in the State's law, provisions requiring the employer, rather than the claimant to reimburse the State for the overpayment; and Fully cooperate with the Federal agencies in any UCFE overpayment determination and recovery activities.