Waiver Request. The Department of Labor's Appropriations Act of 1997 (Public Law 104-208) contains three provisions relating to waivers - a general statutory/regulatory authority that applies to all States, a Work-Flex Partnership authority that permits up to six States to be selected for a demonstration program, and a continuation of the existing waiver authority that applies only to Oregon. The existing authority for Oregon impacts on the Job Training Partnership Act (JTPA); whereas, the other two authorities impact on both the Wagner-Peyser Act and the JTPA. The general statutory/regulatory and Work-Flex waivers authority(ies) will be discussed in detail in two separate forthcoming TEGLs (currently under review by OMB), including guidance for submittal of applications. The waiver requests must be forwarded to the Secretary of Labor via the appropriate Employment and Training Administration Regional Administrator by the Governor of a State. After the State's waiver request is approved, the Governor may delegate such authority to the operating agency head. a. Wagner-Peyser Act Waivers and State Plan Submissions. The Department may grant waivers to any of the statutory or regulatory requirements of Sections 8, 9 and 10 of the W-P Act (except for requirements relating to the provision of services to unemployment insurance claimants and veterans, and to universal access to basic labor exchange services without cost to job seekers [Section 105 of Department of Labor 1997 Appropriations Act]). Section 8 of the W-P Act sets forth the requirements relating to the State planning process. (1) If the State plans to submit a request for waiver of W-P Act provisions or regulations (applicable to Sections 8, 9 and 10), the State should notify the appropriate Regional Office by April 30 and indicate the statutory or regulatory waiver(s) to be requested. The State should also indicate when its waiver request will be submitted. Regional Offices will make every effort to act upon waiver requests by July 1, 1997, if they are received by April 30. To insure prompt responses, Regional Offices may respond with a partial approval in those instances where a request contains multiple parts and further information or clarification is required.

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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 97 Allocation: The PY 1997 JTPA Title IV-A, section 401 appropriation is $52.5 million; Title II-B funding for the summer youth program is $15.8 million; $4.4 million more than last summer's funding level of $11.4 million. b. Hold Harmless Factor: For PY's 94-96, the Division of Indian and Native American Programs (DINAP) imposed a "hold harmless" factor to prevent drastic reductions due to the application of 1990 census figures in calculating the allocation formula. The Title IV-A and Title II-B allocation lists are attached to this bulletin (see Attachment No. 1-A and 2-A). The "hold harmless" factor was not used in calculating the formula allocation for PY 1997. For the first time grantees will receive their "actual" funding allocations since the 1990 census data were used in PY 1994. 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 11, 1997. COMPREHENSIVE ANNUAL PLAN (CAP) - All section 401 grantees must submit a PY 1997 CAP, postmarked no later than May 9, 1997. SYPs and CAPs postmarked after the above stated due dates will be considered late. Grantees who submit their plans late may experience a delay in plan approval and subsequent availability of PY 97 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 9th due date, you need to contact your Fed. Rep. immediately to request technical assistance. This assistance should enable you to meet the May 9th 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 Anaheim, California in May: 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 9th, you may request a one-week extension from your Fed. Rep. by no later than April 18th. (No extensions will be considered if requested after April 18th.) 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 16, 1997. c. Plan Format Options. As a part of DINAP's continuing partnership efforts and commitment to reduce administrative burden while increasing program results, we are providing grantees the option of submitting their CAPs and SYPs (if applicable) in the traditional paper document format (hard copy), or on a 3.5 floppy diskette. 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. Several grantees assisted with its development by "test driving" a demonstration version. Their suggestions were incorporated into the final version that will be issued to all grantees on March 3, 1997, via a DINAP Bulletin. Although the "DINAP Planning Disk" and instructions will not be available until March 3, grantees planning to use the disk format should start their planning process upon receipt of this bulletin. Grantees must send their plans either in the traditional paper format (hard copy) or on diskette, do not send both. d. CAP and SYP Narratives: All grantees are required to complete a CAP and (if applicable) SYP narrative(s) for PY 1997. 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 will contradict the amendments to the Federal Minimum Wage of $5.15 per hour beginning September 1,1997. Therefore, grantees are directed to comply with the current Federal Minimum Wage of $4.75 per hour and $5.15 per hour beginning September 1, 1997. In addition, "Approved rates above $10,000 are fixed at the CETA approved rate as of September 30, 1982, unless adjusted by the Secretary." The last adjustment of CSE area wage rates under CETA was transmitted to grantees via OINAP Bulletin No. 81-18, dated March 6, 1981. Areas approved for CSE maximum wage rates in excess of $10,000 were primarily major metropolitan areas, and Alaska and Hawaii. Copies of this bulletin are available from DINAP upon request. 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 97-1 thru CAP 97-19. Any page labeled with an identifier (i.e., SYP or CAP 97) in the upper righthand corner must be submitted. 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 97-1). 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)). Grantees are advised to keep a copy of all submitted plans. 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 request does not delay the CAP approval process. d. "477" Grantees: The eighteen Section 401 grantees with approved 477 plans are not required to submit a PY 97 CAP. Of the eighteen that have included the Summer Youth Program in their approved plan, they do not have to submit a SYP for CY 97. PY 97 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 11, 1997. All grantees must submit their CAPs, postmarked no later than May 9, 1997 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 (202) 219-5504.

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Information: This year's conference, "One-Stop: Beyond the Vision," sponsored by the Employment and Training Administration (ETA) and hosted by the State of California, will provide an opportunity for workforce development professionals to hear how States and localities are implementing the One-Stop Career Center system, making the vision of One-Stop a reality for workforce development customers. Workshops will examine "best practices" in achieving the One-Stop objectives of universal access, customer choice, integration, and accountability for performance. The conference will update attendees on critical topics such as performance measures development, marketing of One-Stop and the impact of welfare reform. The conference program promises to be a valuable one for all partners in the employment and training system -- from directors to front-line staff. Early conference registration is suggested as attendance will be limited to 1200 participants. We encourage workforce development partners to register together. Four or more partners who register together will receive a group discount. We will reserve five registrations for each State until March 31; beyond that date registration will be on a first-come/first-served basis. Onsite registration will be available ONLY if any space remains. Full details on the registration are included in the attachment. ETA encourages new One-Stop implementation States and those States in the planning and development phase to attend this conference. Workshops of particular value to these States will be marked in the program. Action Required: States are asked to distribute this TEIN with the attached conference flyer and registration form to all people in the State interested in workforce development issues, including: service delivery areas and substate areas; State and local human services agencies (particularly those serving welfare and disabled clients); education partners (school-to-work grantees, community colleges, vocational education programs, etc.); community-based organizations; special-targeted program grantees (i.e., migrant and seasonal farmworkers, Native Americans, and older workers); private sector employers and Private Industry Councils; and labor partners. Interested individuals may duplicate the attached registration form. Under separate cover, brochures announcing the conference will be mailed to the One-Stop lead person in each State. These contacts are asked to distribute the brochures to their workforce development partners throughout the State. We will rely on the One-Stop State leads to "spread the word" about the One-Stop national conference. For your convenience, a list of One-Stop State leads is attached.

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