References: 5 U.S.C. 8521, 20 CFR Part 614, UIPLs 18-89 and 47-94 and GAL 3-92. Background: The Department of Defense (DOD) and the Department of Transportation (DOT) have informed us that, effective October 1, 1993, all military services began using a standard list of narrative reasons for separation from service in item 28 on all Certificates of Release or Discharge from Active Duty (DD Form 214). This standard list is used when an ex-servicemember does not complete a first full term of service, but has met the other require- ments for "Federal service" under 5 U.S.C. 8521(a)(1). Such a list makes it possible for the Department of Labor (DOL) to provide SESAs a list of common terminology used by the branches of the military services that will simplify and expedite the processing of UCX claims. DOL is currently consulting with the DOD and the DOT to finalize the standardized list of "acceptable" narrative reasons for separation for UCX qualifying purposes. The standardized narrative reasons for separation for all areas, except those dealing with "inaptitude," have been prepared. In order not to further delay the issuance of guidance to the SESAs, DOL is issuing this directive at this time covering all "acceptable" narrative reasons for separation, except those dealing with "inaptitude." The list of acceptable" narrative reasons for separation will be amended when a decision is made involving narrative reasons for separation for "inaptitude." (See Section 4.f of this directive for further guidance in this regard.) Instructions: The previous list of acceptable narrative reasons for separation was disseminated to the SESAs in UIPL 25-83 and Changes 1 through 12 to UIPL 25-83, and these UIPLs are now rescinded. DOL is providing the new consolidated list as an Attachment to this UIPL. DOL has determined which narrative reasons for separation are acceptable for UCX qualifying purposes. The SESAs shall follow the instructions in this UIPL in determining "Federal service" under 5 U.S.C. 8521(a)(1) for all branches of the armed forces. a. UCX First Claim--General Requirements. In determining whether an ex-servicemember has performed "Federal service" under 5 U.S.C. 8521(a)(1) for purposes of paying UCX, the SESA will first ascertain if the ex-servicemember: (1) Performed active service, either in a regular or reserve status (active service in a reserve status must be for a continuous period of 90 days of more); (2) Separated "under honorable conditions" and if an officer, did not resign for the good of the service; and (3) Was discharged or released after completing the first full term of service which the individual initially agreed to serve. If the member did not complete such first full term of service, then the narrative reason for separation in item 28 of the DD Form 214 must include an entry that is contained on the list of "acceptable" narrative reasons for separation issued by DOL in order for the ex-servicemember to qualify as having performed "Federal service." b. UCX First Claim--Ex-servicemember Not Member of National Guard or Reserve. If the ex-servicemember filing a UCX first claim is not identified as a member of the National Guard or Reserve, the SESA will then determine if the ex-servicemember was separated from the military service after completing a first "full term of active service" or, if earlier, was separated under a specified reason provided under 5 U.S.C. 8521(a)(1)(B)(ii)(I)-(IV). If the ex-servicemember was separated from the armed forces after completing a "first full term of active service," and was also separated "under honorable conditions" (or, if an officer, did not resign for the good of the service), the SESA will not utilize the attached list of "acceptable" narrative reasons for separation in order to determine whether that ex-servicemember performed "Federal service." In such case, the ex-servicemember has met the UCX qualifying requirements at 5 U.S.C. 8521(a)(1)(A) and (B)(i), and such period of service in the armed forces is considered to be "Federal service" for UCX qualifying purposes. In making this determination for an ex-servicemember who did not complete a "first full term of active service," the SESA shall be guided by the attached list of "acceptable" narrative reasons for separation. In this case, the ex- servicemember's military service will be used to support a finding of "Federal service" under 5 U.S.C. 8521(a)(1) if: (1) The ex-servicemember's separation was "under honorable conditions" (or, if an officer, did not resign for the good of the service); and (2) The narrative reason for separation shown on the DD Form 214 conforms to the list of "acceptable" narrative reasons for separation issued by this Department. If the narrative reason for separation is not on the list of "acceptable" narrative reasons for separation issued by this Department, the ex-servicemember's military service covered by the period of the applicable DD Form 214 is not "Federal service" within the meaning of 5 U.S.C. 8521(a)(1). This period of military service may not be used to support UCX entitlement. c. UCX First Claim--Ex-Servicemember is a Member of the National Guard or Reserve. If the ex-servicemember filing a UCX first claim is identified as a member of the National Guard or Reserve who has previously served in the regular Armed Forces, the SESA will then determine if the ex- servicemember's most recent period of military service equalled 90 days or more of continuous active duty in a reserve status. In addition, the individual must be discharged or separated under honorable conditions (or, if an officer, did not resign for the good of the service) after completing the first full term of service, unless separated earlier for a reason shown on the DD Form 214 that is on the list of "acceptable" narrative reasons for separation issued by this Department. NOTE: In some instances, an individual may join a branch of the Armed Forces in a reserve capacity without having previously served any active service in the regular Armed Forces. In such case, to meet the criteria for Federal service at 5 U.S.C. 8521(a)(1), the ex-servicemember must have at least 90 continuous days of active duty in a reserve status and be discharged or separated from that active duty in a reserve status under honorable conditions (and, if an officer, did not resign for the good of the service). The provisions of 5 U.S.C. 8521(a)(1)(B) relating to completion of the first full term of active service which the individual initially agreed to serve are not applicable because the ex-service member does not have a first full term of active service. d. Narrative Reason for Separation--Missing or Incomplete Information. If item 28 of the ex-servicemember's DD Form 214, "Narrative Reason For Separation," is blank, the SESA will send a Form ETA 8-43, UCX Request for Military Information, to the appropriate branch of the military service requesting the specific narrative reason for separation. Also, if information in item 28 appears incomplete, a Form ETA 8-43 will be used to obtain clarification from the appropriate branch of the military service. When a Form ETA 8-43 is used to clarify the "narrative reasons for separation," the information requested by the SESA from the military service in item 16 of the Form ETA 8- 43 will be specific and complete. The military service must not be asked some general question as to whether the ex- servicemember is eligible for UCX under 5 U.S.C. 8521(a)(1). The SESA is responsible for making a UCX determination for eligibility based on the Federal findings on the DD Form 214. (1) When a Form ETA 8-43 is used to obtain clarification of the DD Form 214, the SESA will attach a copy of the ex-servicemember's DD Form 214. (2) If the narrative reason for separation shown on the ex-servicemember's DD Form 214 is clear and complete, but the claimant disagrees with such findings, the claimant will be instructed to write to the branch of the military service that issued the DD Form 214 in order to request a correction of the Federal findings. Under such circumstances, the claimant will be informed that the UCX law provides that findings of the Federal military service must be accepted by the SESA as "final and conclusive" for determining UCX entitlement, but that the claimant may initiate a request for correction of the military finding with the appropriate branch of the military service. At the request of the claimant, the SESA shall forward the request for correction of the military finding, and any supporting material provided by the claimant, to the appropriate branch of the military service. (See 20 CFR 614.22(a).) e. Completion of First Full Term of Active Service. (1) For U.S. Army and U.S. Air Force Separatees. SESAs shall follow the guidance contained in UIPLs 18-89 and 47-94 and paragraph (3) of this subsection below. (2) For U.S. Coast Guard, U.S. Marine Corps, and U.S. Navy Separatees. Any combination of prior active service in item 12.d and net active service in the current period shown in item 12.c of an ex-servicemember's DD Form 214 that meets or exceeds the amount of active service normally required for completion of a "first full term of active service" will constitute "constructive completion" of the ex- servicemember's "first full term of active service." These branches of the military service have informed this Department that the term of enlistment may range from 2 to 6 years. For example, a former Navy servicemember who had a 4-year enlistment and who completed 2 years of prior active service and 2 years of active service on the current enlistment would be considered to have completed 4 years of active service and receive credit for "constructive completion" of the "first full term of active service" which was agreed to be served. In the example outlined above, the SESA will not utilize the attached list of "acceptable" narrative reasons for separation in order to determine whether the ex- servicemember performed "Federal service" since the ex- servicemember has met the requirements for completion of a "first full term of active service" under the "constructive completion" concept. The SESA will then determine if the ex-servicemember's separation was "under honorable conditions" (and, if an officer, did not resign for the good of the service), and, if the ex-servicemember's separation meets this requirement, the ex-servicemember is considered to have performed "Federal service" for UCX qualifying purposes. (3) The constructive completion concept applies only to members of the regular armed services in active duty service. It does not apply to reservists who are on active duty in a reserve status. Active service (regular) and active duty (reservist) may not be combined for UCX qualifying purposes. f. Effective Date. The Attachment to this directive containing the new consolidated list of "acceptable" narrative reasons for separation for determining "Federal service" for military separatees is effective for all separations from the military services on and after the date of this directive. DOL will be issuing a change to this UIPL containing an amended list of "acceptable" narrative reasons for separation which includes those dealing with "inaptitude." The change to this UIPL will be retroactive to the issuance of this directive. The reason for a retroactive effective date of the forthcoming change to this UIPL is to provide equal treatment to all ex-service-members separated or discharged before completing their first full term of active service and whose narrative reason for separation is on the "acceptable" list issued by DOL. The authority for the retroactive application of the forthcoming change to this UIPL is contained at 20 CFR 614.9(a). DOL has determined that it would be inconsistent with Federal law to apply State law redetermination time limitations to UCX claims involving the narrative reasons for separation that will be included on the forthcoming amended list of "acceptable" narrative reasons for separation. Action Required: The above information and the attachment to this directive should be provided to appropriate staff members.

Reference: TEIN No. 5-92, dated August 14, 1992. Background: These supplements provide options for problem solving and provide additional assistance to States and SDAs in understanding and using follow-up data in planning, program design, and other management areas. Action Required: States should ensure dissemination of these modules to all staff with responsibilities for follow-up and/or ties with planning, evaluation and other performance management responsibilities.

References. None. Background. a. Grantees attending the conference in Bismarck will be reimbursed for one participant for registration, travel and per diem expenses if they receive less than $200,000 in their Program Year 1994 JTPA section 401 allocation. A list of these grantees is attached. b. Another bulletin, indicating whether additional grantees with Section 401 allocations between $200,000 and $250,000 can be reimbursed, will be issued in January. c. Reimbursement will cover conference registration, travel(including mileage), taxis between residence/airport and hotel/airport, parking and per diem expenses. Expenses for rental cars and telephone calls will not be reimbursed. Federal travel rates in effect at the time of the conference will be used. d. ACKCO will provide travel packets at the conference. There will be a 90-day limit on reimbursement claims in order to get a faster accounting of conference expenses. Action Required. Grantees on the attached list should register immediately for the conference, according to the instructions sent out by the conference planning committee. Questions. Contact your DINAP Federal Representative or Barbara Connell at 202/219-5511.

Reference. JTPA Section 165 (a)(2). Background. The Employment and Training Administration conducted an agency-wide review of its reporting systems to assess and improve the quality and usefulness of program information. A Farmworker subcommittee was formed to assist in this effort and met in Washington, D.C. in November, 1993 to work with the Department in redesigning the current MSFW reporting system. On January 11-12, 1994, subcommittee recommendations were introduced and presented to a widely representative group of MIS directors in Tucson, Arizona. The Department outlined its rationale for changing the way grantees now report information and discussed the main features of this new automated system. Also, an ADP contractor participated in the training session to determine potential data collection problems. At the Tucson meeting MIS representatives proposed several recommendations on the SPIR format. Consequently DOL further refined the SPIR format and introduced a draft version at the MSFW Training Conference in San Diego, California in March 1994. Finally, a draft of the Form and Instructions and a draft of the Record Layout Guidelines were presented for discussion and comments at the AFOP TAT Conference held October 17-21, 1994. Important changes are listed below. Many of them were the result of the valuable and informative discussions held with grantees at that Conference and at a December 6, 1994 meeting with representative grantees. Item 2. Field Office Identifier -- There was universal agreement to use the State and County FIPS Codes to designate the Field Office. No one expressed a preference for Names of States/Counties. To facilitate the use of Codes, a few of the grantees expressed a desire to obtain a listing. We will provide a copy of the FIPS Codes along with the final Data Record Format and Coding Instructions. If requested, we can furnish the list on disk. ACTION: Change to FIPS Codes. Item 4. Social Security Numbers of Participant's Family Members Who are Also Enrolled in 402 Program -- Although this item was included at the behest of the grantees, no one present at the Key West conference was in favor. The notion that the SSNs be eliminated in favor of a simple count of Family Members Also Enrolled was unanimously approved. ACTION: Change to Number of Participants... Item 8. Race/Ethnicity -- Concern was expressed that some individuals may not wish to identify themselves as being in any specific racial/ethnic group and that this preference should be accommodated. ACTION: Add option--6. Not Obtained Item 11. Migrant or Seasonal Farmworker -- Grantees pointed out that if the participant is a dependent of a Farmworker (Item 9 = 2), the options given for Item 11 are not appropriate. One grantee suggested that Items 9 and ll could be combined into one item with four options: Migrant Farmworker, Seasonal Farmworker, Dependent of Migrant Farmworker, Dependent of Seasonal Farmworker. This may, in fact, be the best option and will be kept in mind for the final format. This involves renumbering of items, however, which is best to avoid during the pilot year if at all possible. Resolution of the difficulty can be accomplished by changing the instruction for Item 11 as follows: ACTION: Insert (or is a dependent of) as indicated. Item 13. Family Size -- Grantees pointed out that the sum of the options did not equal family size. A change to the instructions was recommended. ACTION: Change to--13a. Number of Dependent Children Under Age 18: 13b. Number of Others in Family: Family Size will be then be equal to 13a plus 13b plus 1. Item 18. Pre-program Earnings During the Most Recent 12 Months from Enrollment -- There was concern that obtaining this information in addition to documenting the earnings used in the eligibility determination was unduly burdensome. In a meeting with representative Section 402 grantees held December 6, 1994, it was agreed that earnings reported for this item do not have to be documented (if it is not the period used to determine eligibility). A Note to that effect has been included in the Instructions. Item 21. Reading Skills Grade Level -- This item was discussed at some length without a clear consensus as to the feeling of the grantees in attendance. There was concern about how to report results given the format of the options, specifically, how to keep grade levels and raw scores and test names differentiated. The following is suggested to help. ACTION: Add 21a. Enter Name of Test (if tested). This would apply in all cases if a test was administered. Grade levels require an explicit decimal, i.e., grade level 6 would be 6.0--a raw score may not have a decimal. Item 22. Math Skills Grade Level -- This item was included by reference during the discussion of Item 21 above. Same recommendation. ACTION: Add 22a. Enter Name of Test (if tested) Item 31. Occupational Skills Training Code/Type and Code -- The options as presented will be awkward to code. ACTION: Change to 31. Occupational Skills Training Code/Type: 31a. Type 31b. Item 32. Stipends -- Stipends were discussed as support services provided. Many grantees wished to report whether or not stipends had been received. This also seems useful in adding to our knowledge base when assessing the duration of training and the impact of that training on later outcomes. ACTION: Insert 32j. Stipend with same options as other services. Change to 32k. Other: Item 34. Category of Termination -- There was considerable discussion about the method which had been proposed for handling the "objective assessment only" type of termination. Grantees were not satisfied that it would be done by looking at Items 34 and 38 in combination. Therefore, the reporting of this item is changed to including the option in Item 34. ACTION: Insert 4. Objective Assessment Only and adjust subsequent number. Remove Objective Assessment Option from Item 38. Item 36c. Fringe Benefits -- Grantees agreed that this item would be more appropriately reported by including a probationary period proviso. ACTION: Change to read 36c. Fringe Benefits Available/Received, or with Fringe Benefits Available/Received Following Successful Completion of Probationary Period. Item 36d. Occupational Code: and Type: The options as presented will be awkward to code. ACTION: Change to 36d. Occupational Code/Type: 36d(1). Type 36d(2). Code The attached final versions of the SPIR Forms and Instructions reflect the recommendations and comments received from the grantee community during the past year. The Forms and Instructions supersede all previous forms. Implementation Schedule. The Department is conducting a pilot of the new reporting system which began on July 1, 1994. All grantees are invited to send in terminee data in the new SPIR format on a quarterly basis throughout PY 1994. Grantees are welcome to participate in the pilot at any point during the pilot period, if they can reconstruct records for those terminees beginning July 1, 1994. Because of the need to provide consistency of reporting for program office and performance standards purposes, all grantees will continue to transmit current quarterly program and financial status reports on their due date during the pilot period. However, to eliminate dual reporting of the same data elements, SPIR pilot grantees should use the modified quarterly Program Status Summary (PSS) forms which only report on participant data. SPIR pilot grantees will likewise report fiscal data using the quarterly Financial Status Report for all four quarters of PY 1994. Non-SPIR grantees will report programmatic and fiscal data for the fourth quarter, as usual, using the Annual Status Report. The Department will evaluate the results from the pilot reporting period with the intention of implementing the new SPIR format for all grantees as early as July 1, 1995. Action. Pilot grantees should replace existing Forms and Instructions with those attached to this Bulletin. Final Record Layout Guidelines will be distributed as soon as possible and should be used as the format for generating SPIR data. Grantees should submit data as soon as it is available in accordance with instructions which will be included in the final Record Layout Guidelines. Comments may be addressed to: Karen Greene U.S. Department of Labor Employment and Training Administration Office of Policy & Research 200 Constitution Avenue, NW - Room N5637 Washington, DC 20210 ATTENTION: Pat Carroll Inquiries. Contact Pat Carroll on (202) 219-8680, extension 139, or Richard Hoff on (202) 219-6485, extension 113, or the Federal representative assigned to your grant.

References. a. 29 CFR Part 97 (Administrative requirements for Federal grants to State, local, and Indian tribal governments); b. 29 CFR Part 95 (Administrative requirements for Federal grants to institutions of higher education and non-profit organizations); c. OMB Circular A-87 (Cost principles for State, local and Indian tribal governments); and d. OMB Circular A-122 (Cost principles for non-profit organizations). Background. Up to the present time, there has been some confusion concerning the Employment and Training Administration (ETA) prior approval requirements applicable to grantee acquisitions of automated data processing equipment (hardware and software), regardless of a dollar limit. This confusion has largely been the result of the prior approval requirement language of the above referenced cost principles coupled with a lack of definition of the term equipment. The Department of Labor's (DOL) publication of the 29 CFR Part 95 regulations on July 27, 1994, to implement the revised OMB Circular A-110 (and transmitted in DINAP Bulletin No. 94-3) provided a definition of the term "equipment" along with other definitions, and revised dollar thresholds such that the previous confusion regarding prior approval requirements can now be dispelled. Information. The DOL regulations at 29 CFR Part 97 includes definitions and regulatory requirements applicable to property acquired by States, local governments, and federally recognized Indian tribes with Federal grant funds. The DOL regulations at 29 CFR Part 95 includes definitions and regulatory requirements applicable to property acquired by non-profit organizations with Federal grant funds. While neither the Part 95 nor Part 97 regulations address prior approvals, both of them require adherence to the cost principles applicable to the grantee's type of organization, i.e., OMB Circular A-87 for governments and OMB Circular A-122 for non-profits. Both Circulars specify prior approval requirements. OMB Circular A-87, Attachment B, paragraphs C.1. (Automatic data processing) and C.3. (Capital expenditures) stipulates that prior DOL/ETA approval must be obtained for purchases of equipment with Federal DOL/ETA provided funds. OMB Circular A-122, Attachment B, Item 13 (Equipment and other capital expenditures) stipulates at paragraph b)(1) that capital expenditures for general purpose equipment are unallowable as a direct cost except with the prior approval of the awarding agency. (Note: Paragraph b)(2) deals with special purpose equipment which is defined at paragraph a)(3) as equipment being usable only for research, medical, scientific or technical activities. This should not effect Indian and Native American Grantees.) Both 29 CFR 97.3 and 29 CFR 95.2(n) define equipment as "tangible nonexpendable personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit." The definition of "acquisition cost of equipment" as provided in 29 CFR Part 95.2(c) and 29 CFR 97.3 is "the net invoice price of the equipment, including the cost of modifications, attachments, accessories or auxiliary apparatus necessary to make the property usable for the purpose for which it was acquired." Both regulations treat personal property that falls below the $5,000 or one year thresholds as "supplies". Based on these definitions, it is concluded that prior written approval of ETA/DOL is required to acquire equipment at the $5,000 and above level, and is not required to acquire supplies. Guidance. What is a unit? DOL views the term "unit" to be in the broad sense of all of the component parts of a system which are required to enable it to perform the function for which it was acquired. A computer typically used for JTPA purposes with all component parts would cost less than $5,000 and therefore would not require prior Grantor approval. The exception however would be the purchase of specialized equipment that exceeds $5,000 such as computerized assessment testing or Local Area Networks. System design/needs. Grantees should try to purchase the most expandable system appropriate for grant purposes, that is a system that will keep up with new technology. They should also make sure they get good warranties and service. We are providing the following suggested guidance on minimum system configurations: SYSTEM DOS/WINDOWS MAC Computer 486 Power Mac (w/System 7.5)* Memory/Storage 16/500 16/500 Monitor 15" SVGA,NI 15" color Keyboard Regular Enhanced (w/ F keys) Printer Laser Laser Modem or Fax/Modem 14.4bps,V.32bis 14.4bps,V.32bis *Which permits reading/writing DOS/WINDOWS disks. A dedicated telephone line for your system is also desirable. Please note that the minimum system configurations indicated above are provided as a reference for those planning to upgrade or purchase computer equipment. This is not to suggest that grantees currently operating computers with less capability have inadequate systems. Action. Indian and Native American Grantees shall refer to this bulletin when purchasing ADP equipment. Inquiries. Questions should be directed to your DINAP Federal Representative.

References: 5 U.S.C. 8502(b) and 8521; 20 CFR 614.6(c), 614.9(a)(1) and 20 CFR 614.22(d); and UIPL 25-83 and Changes 1-9. Background: UIPL 25-83, Change 10 transmitted a letter to all SESAs that was issued by the Air Force in lieu of reissuing DD Forms 214 or issuing DD Forms 215 to certain Air Force ex-servicemembers separated after November 5, 1991, to correct, for UCX eligibility purposes, the narrative reason for separation reflected in Block 28 of their DD Forms 214. The Secretary of the Air Force, in consultation with the DOL, determined that one of the unacceptable narrative reasons for separation, "Voluntary - Miscellaneous Reasons" was incorrectly applied to Air Force separatees after November 5, 1991. These separatees were in fact, separated for the convenience of the government under an early release/force reduction program and item (Block) 28 of their DD Forms 214 should have contained the acceptable narrative reason for separation "Early Separation Program - Force Reduction". Instructions: This Department has been informed by the Air Force that the early release program to which the narrative reason for separation "Voluntary - Miscellaneous Reasons" was incorrectly applied ended on October 31, 1992. The Air Force further informed this Department that it would cease issuing letters to the affected Air Force separatees on October 31, 1992. Therefore, the instruction in Section 4. of UIPL 25-83, Change 10 is not applicable to Air Force separations occurring after October 31, 1992. As provided in 5 U.S.C. 8502(b) and 20 CFR 614.9(a)(1), State UI law claims filing provisions are applicable to UCX claims. Furthermore, 20 CFR 614.6(c) provides that any redetermination or reconsideration of previously eligible UCX claims will be undertaken according to State law provisions applicable to UI claims. Action Required: The above information should be provided to appropriate staff.

Background: Section 143(a) of the 1992 Amendments to JTPA provides that "standardized records for all individual participants" shall be maintained by Service Delivery Areas (SDAs). Such records are to be made available to the Secretary "to facilitate the uniform compilation, cross tabulation, and analysis of programmatic, participant, and financial data, on statewide and service delivery area bases," pursuant to Section 143(c) of the Amendments. The Employment and Training Administration (ETA) has for some time been concerned about the need for more meaningful feedback on whether policies that create changes in program design and client targeting actually result in program improvements. Effective program management is dependent on adequate and timely information on what local JTPA programs are accomplishing and how they are achieving these results. In addition, there has been a need for uniform participant-level data that will address important issues regarding program accountability, such as the scope of services and the nature of employment that JTPA is providing to participants, particularly the hardest-to-serve. These concerns have culminated in the development of the Standardized Program Information Reporting (SPIR) system, which was published in final form in the Federal Register on November 12, 1992. In addition, the Department's Directorate of Civil Rights has issued regulations that may affect reporting and record keeping requirements. To comply with DCR and SPIR requirements, State and SDA management information systems may have to be redesigned. Policy: Section 202(b)(3)(B) provides that funds shall be used "to provide incentive grants . . . If the full amount reserved . . . is not needed to make incentive grants . . . the Governor shall use the amount not so needed for technical assistance . . . ." Pursuant to the authority granted to the Secretary at Section 701(i) of the Amendments to issue procedures necessary for the orderly implementation of the Amendments, the following policy guidance is provided: a. Technical assistance funds under Section 202(b)(3) of the Amendments may be used if needed for MIS redesign to accommodate the SPIR and DCR data collection requirements. b. Incentive funds awarded to SDAs may be used by the SDAs for local MIS redesign, or they may be returned to the State if SDAs wish to participate in a statewide MIS redesign. c. Subject to a. and b., PY 1992 Section 202(b)(3) "six percent" funds may be used for purposes of MIS redesign. In addition, any unexpended Section 202(b)(3) funds from prior years may be used, if still available. d. PY 1992 funds need not be spent in PY 1992. They may be expended for such purposes next year or even in PY 1994 if not expended earlier. Action If MIS redesign is necessary to meet the new SPIR reporting requirements and the nondiscrimination and equal opportunity requirements of the Amendments, States and SDAs may do so immediately, using their "six percent" funds.

References. DINAP Bulletins No.-94-07 and 94-12. 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 published a list of those grantees applying for and receiving waivers and tentative waivers of competition for the PY 1995-96 Designation Period (59 FR 60663). These lists were transmitted to section 401 grantees in DINAP Bulletin No. 94-12. Those grantees receiving tentative waivers in that FEDERAL REGISTER notice had ten (10) calendar days to resolve the problems which resulted in their receiving a tentative waiver. This bulletin transmits the final list of section 401 grantees receiving waivers of competition for the PY 1995-96 Designation Period. This final list includes the disposition of those entities originally granted tentative waivers and corrects the previous list. 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 (SF) 424 in lieu of a full Notice of Intent. There will be no competition for their existing service area. b. 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: Inquiries. Questions should be directed to your Federal representative on (202) 219-5504. 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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References: Section 4 of P.L. 103-152; Titles III and IX of the Social Security Act (SSA); P.L. 103-6; P.L. 102- 318; UI Occasional Papers 89-3 and 91-1; and UIPL 45-93, dated September 23, 1993. Background: On November 24, 1993, the President signed into law the Unemployment Compensation Amendments of 1993, P.L. 103-152. P.L. 103-152 extended the Emergency Unemployment Compensation (EUC) program, and amended the SSA to require States, as a condition of receiving administrative grants, to establish and utilize a system of profiling all new claimants for regular UC for purposes of identifying claimants who are likely to exhaust UC and will need job search assistance to make a successful transition to new employment. The SSA was further amended to require States to disqualify an individual identified pursuant this profiling system if the individual fails to participate in reemployment services. In addition, P.L. 103-152 made a technical change to Title IX of the SSA. States have already been advised of those provisions affecting the EUC program in GAL 12-92, Change 6. This issuance is limited to those amendments to the SSA affecting the Federal-State UC program. These amendments are as follows: (a) a new requirement that States establish and utilize a system of profiling all new claimants for regular UC; (b) a new requirement that State law require claimants identified as most likely to exhaust regular UC to participate in reemployment services as condition of UC eligibility; and (c) a technical amendment to Title IX of the SSA pertaining to the Unemployment Trust Fund. Action Required: SESAs are requested to take the action necessary to assure consistency with Federal requirements as amended by P.L. 103-152. The effective dates for implementation of these amendments are found in Attachment III.