Background: The criteria for establishing the rate of interest to be charged on Title XII advances during any calendar year are in Section 1202(b)(4) of the Social Security Act. Calendar Year 1993 Interest Rate: The U.S. Treasury Department has announced that the rate of interest to be charged for calendar year 1993 is 7.45 percent. Action Required: SESAs anticipating the need for interest-bearing Title XII advances during 1993 should take necessary action to establish a mechanism to provide funds for the payment of such interest in accordance with the provisions of Section 1202(b) of the Social Security Act, and subject to the limitations in Sections 303(c)(3) and 1202(b)(5) of the Social Security Act and Section 3304(a)(17) of the Federal Unemployment Tax Act.

Reference: Section 2, Public Law (P.L.) 103-387, Social Security Domestic Employment Reform Act of 1994. Background: On October 22, 1994, Congress enacted P.L. 103-387 which changed the Social Security, Medicare and Federal Unemployment Tax Act (FUTA) reporting and payment requirements for employers of domestic employees. The P.L. 103-387 (also known as the "Nanny Tax Law"): (A) replaces the quarterly reporting and payment requirements of Social Security and Medicare taxes with annual reporting and payment on the employers' personal Federal income tax return; (B) raises the domestic workers' earnings threshold for reporting and paying Social Security and Medicare taxes from $50 in a quarter to $1,000 per year, retroactive to January 1, 1994; (C) exempts household employment by individuals under the age of 18 from Social Security and Medicare taxes unless household employment is the worker's principal occupation (being a student is considered an occupation for this purpose); (D) permits employers of domestic workers to report and pay FUTA taxes on the employer's personal Federal income tax return (Treasury will develop a new schedule for reporting these taxes on the 1995 Form 1040), and; (E) allows the U.S. Treasury Secretary to enter into agreements with States to collect, as the agent of the State, State unemployment contributions from employers of domestic workers by allowing individuals to pay contributions, based on wages paid to these workers, on their Federal income tax returns. Current Status: No decisions have been made by the U.S. Department of Treasury concerning the details for entering into agreements with States to collect State unemployment contributions from employers of domestic workers. Discussions within Treasury currently center around whether or not such an activity is practical and/or desirable. If Treasury elects to offer States the opportunity to enter into such agreements, the States may accept or decline the offer. State law changes relative to annual vs. quarterly contribution reporting and payment requirements, as well as experience rating issues, may be necessary for States choosing to enter into such an agreement with Treasury. Federal certification, methods of transferring funds, receipt of partial tax payments, requests for extensions for filing Federal income taxes, and quarterly wage reporting requirements, are all issues that must be resolved through additional discussion and coordination with the Treasury Department, the U.S. Department of Labor, and the SESAs. The Unemployment Insurance Service is working with Treasury to resolve these issues. More information will be provided as it becomes available. The SESAs should note that, although the earnings threshold for reporting and paying Social Security and Medicare taxes was changed from $50 per quarter to $1,000 per year, the wage requirements for determining liability for FUTA are unchanged. Effective Date: Agreements between SESAs and Treasury that permit Treasury to collect State unemployment contributions from employers of domestic workers could apply to wages paid in calendar years beginning after December 31, 1994. Action Required: SESA administrators are requested to provide this information to appropriate staff.

References. Farmworker Bulletin 88-2, November 18, 1987. Background. The attached index is in two parts. Part I contains the titles and issue dates of bulletins released from 1983 to date. This listing also indicates which bulletins have been rescinded. Part II is an alphabetical listing of topics discussed in the bulletins. For each topic, the pertinent Farmworker Bulletin(s) is identified. Only those bulletins containing current information are cited. Bulletins which have been rescinded are not included in this portion of the index. Action Required. Grantees are invited to use this document as a reference tool. Inquiries. Questions or comments should be directed to Tom Coyne on 202-219-5517.

References: The Internal Revenue Code of 1986, including the Federal Unemployment Tax Act (FUTA). Background: On January 1, 1995, Section 3306(c)(1)(B), FUTA, ceased to be effective. That section exempted from the definition of employment, and therefore from the tax established by the FUTA, agricultural workers who are aliens admitted to the United States to perform agricultural labor pursuant to Sections 214(c) and 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)). These workers are commonly referred to as "H-2A" workers. Impact on the UC Program: For FUTA-taxable services, States may continue the exclusion for services performed by H-2A workers while the employer(s) pay the full Federal tax on the exempted services without benefit of the offset credit. However, if an H-2A worker performs services for a State or local governmental entity or a nonprofit organization to which Section 3304(a)(6)(A), FUTA, pertains, States are now required to extend coverage. Action Required: SESA administrators are requested to share this information with appropriate staff.

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Reference: Training and Employment Guidance Letter No. 7-93 dated April 19, 1994. Background: TEGL No. 7-93 provided information on the NAFTA-Title III program and the benefits and services available for NAFTA-impacted workers who would not be eligible to receive assistance under the NAFTA-TAA program. In response to inquiries from States concerning the NAFTA-Title III program, clarifications are being provided on eligibility for needs-related payments. Discussion: Under the NAFTA-Title III program funded with National Reserve funds, the date of last layoff, rather than the initial benefit period used under NAFTA-TAA, is used to determine eligibility for income support payments. If a dislocated worker has experienced a series of layoffs and callbacks, this could result in the individual being eligible for such payments under NAFTA-Title III. The list of extenuating circumstances which would allow the additional 30-day grace period for meeting the required time for enrolling in training is the same for NAFTA-TAA and NAFTA-Title III programs. The intent in TEGL 7-93 was that the same list apply. If an individual's training enrollment date is 1) past the end of the 16th week, or the sixth week after the Secretary has issued a certification (whichever is later); and 2) past the 30 days grace period added to the 16 weeks/6 week cutoff if extenuating circumstances apply, the individual is not eligible for income support payments under either the NAFTA-TAA (using the initial UI benefit period) or NAFTA-Title III program (using the date of last layoff).

References: Training and Employment Information Notice (TEIN) No. 20-92, Job Training Partnership Act (JTPA) Amendments Implementation Training Strategy and TEIN No. 23-93, Job Training Partnership Act (JTPA) Financial Management Technical Assistance Guide (TAG) Train-the- Trainer Sessions. Background: This JTPA Financial Management TAG was developed to provide operational guidance and "best practices" associated with the financial and administrative requirements of the JTPA Amendments of 1992 and related statutes. The ACT, as amended (Public Law 102-367), and the implementing Regulations, published as final Regulations and dated September 2, 1994, provide for the financial and administrative requirements applicable to the JTPA programs. This TAG represents a collaboration of all levels of the JTPA system striving to promote common understanding and consistent application of the guiding financial management provisions of the Act and the Regulations. The TAG contains clarifications and suggested practices which are not required by the Act or the Regulations; however, there are no implied requirements for using these practices. In no way does this TAG replace or supplant the Act and the Regulations. The JTPA Financial Management TAG is comprised of: -- Sixteen Chapters, covering a wide range of financial management and fiscal accountability subject areas where a need for clarifications and operational guidance has been identified by State JTPA, Service Delivery Area (SDA) and Substate Grantee (SSG) staff. -- Eight Appendices, providing definitions, illustrations and cost classification matrices. -- An Index, supplying a detailed listing of subjects discussed in the TAG and enabling the user quick and easy access to topics of choice. Distribution: Copies of this TAG are being provided under separate cover to all State JTPA Liaisons for distribution to: -- Service Delivery Areas (SDAs) (4 copies each); -- State Worker Adjustment Liaisons (3 copies each); -- State JTPA Agency (balance of copies). This TAG has been prepared in a three-hole punched, loose-leaf format suitable for use in a three-ring binder. Computer disks are also being provided to the State JTPA Liaisons for distribution to each SDA and each State Worker Adjustment Liaison (one disk to each). The following items will be transmitted in two separate deliveries. - JTPA Financial Management TAGs; - Computer Disks of contents of the TAG.

Reference: National Defense Authorization Act (NDAA) for Fiscal Year 1993, P.L. 102-484, section 4467; interim final JTPA regulations published in the December 29, 1992 Federal Register (57 FR 62004-62073). Background: On October 23, 1992, the President signed into law the National Defense Authorization Act for Fiscal Year 1993. Included were amendments to Title III of JTPA. The NDAA amendments became effective immediately upon signature by the President. Discussion: The JTPA regulations that were published on December 29, 1992 include revisions required by the amendments in the NDAA. While the interim final JTPA regulations apply to JTPA programs in Program Year 1993 which begins on July 1, 1993, the relevant provisions of the interim final regulations can be useful when determining the immediate impact of the NDAA Amendments, as well. The NDAA amendments to Title III of JTPA are provided below, along with the relevant provisions of the interim final JTPA regulations. STATE PLAN A. Section 311(b)(3)(D) has been amended to read as follows: "The State unit will . . . provide technical assistance and advice to sub state grantees, including immediate notification to sub state grantees of current or projected permanent closures or substantial layoffs in the sub state area of such grantee to continue and expand the services initiated by the rapid response teams;" 631.30(a)(8) of the interim final regulations reads as follows: "The State dislocated worker unit or office shall...Immediately notify (within 48 hours) the appropriate sub state grantees following receipt of an employer notice of layoff or plant closing or of any other information that indicates a projected layoff or plant closing by an employer in the grantee's sub state area, in order to continue and expand the services initiated by the rapid response team (Section 311(b)(3)(D);" B. Section 311(b)(11) has been added and reads as follows: "the State unit will provide the Secretary with a cost breakdown of all funds made available under this title used by such unit for administrative expenditures;" 631.15 of the interim final regulations reads as follows: "Notwithstanding the requirements described in Subpart D of Part 627 of this chapter, the Governor shall report to the Secretary pursuant to instructions issued by the Secretary for programs and activities funded under this part. Such reports shall include a cost breakdown of all funds made available under this part used by the Dislocated Worker Unit for administrative expenditures, in accordance with instructions issued by the Secretary. Reports shall be provided to the Secretary within 45 calendar days after the end of the report period. (Sections 165(a)(2) and 311(b)(11))" C. Section 311(b)(12) has been added and reads as follows: "the State will not transfer the responsibility for the rapid response assistance functions of the State unit under Section 314(b) to another entity, but the State may contract with another entity to perform rapid response assistance services." ~631.30(b) of the interim final regulations reads as follows: "The dislocated worker unit shall have one or more rapid response specialists, and the capability to provide rapid response assistance, on-site, for dislocation events such as permanent closures and substantial layoffs throughout the State. The State will not transfer the responsibility for the rapid response assistance functions of the State dislocated worker unit to another entity, but the State may contract with another entity to perform rapid response assistance services. Nothing in this paragraph shall remove or diminish the dislocated worker unit's accountability for ensuring the effective delivery of rapid response assistance services throughout the State. (Section 311(b)(12))" RAPID RESPONSE D. Section 314(b)(3) has been added and reads as follows: "The Secretary shall oversee the administration by each State of the rapid response assistance services provided in such State and the effectiveness, efficiency, and timeliness of the delivery of such services. If the Secretary determines that such services are not being performed adequately, the Secretary shall implement appropriate corrective action, including, where necessary, the selection of a new rapid response assistance service provider." 631.17 of the interim final regulations reads as follows: "The Secretary shall conduct oversight of State administration of programs under this part, including the administration by each State of the rapid response assistance services provided in such State. The Secretary may review and determine the effectiveness, efficiency and timeliness of service conducted by the State in accordance with 631.30(b) of this part, and may specify any corrective actions deemed appropriate and necessary. (Section 3l4(b)(3))" E. Section 314(b)(4) has been added and reads as follows: "For purposes of rapid response assistance provided by a State dislocated worker unit, the term 'substantial layoff' means a layoff of 50 or more individuals." 631.2 of the interim final regulations includes the following: "Substantial layoff (for rapid response assistance) means any reduction-in-force which is not the result of a plant closing and which results in an employment loss at a single site of employment during any 30 day period for at least 50 employees (excluding employees regularly working less than 20 hours per week). (Section 314(b)(4))" 631.30(b)(6) of the interim final regulations reads as follows: "Notwithstanding the definition of 'substantial layoff (for rapid response assistance)' at 631.2 of this part, the Governor may, under exceptional circumstances, authorize rapid response assistance provided by a State dislocated worker unit when the layoff of 50 or more individuals is not at a single site of employment or is not during a single 30 day period. For purposes of this provision, "exceptional circumstances" include those situations in which layoffs or permanent closures would have a major impact upon the community(ies) in which they occur. (Section 314(b))" NEEDS-RELATED PAYMENTS F. Section 314(e)(1) has been amended to read as follows: "Funds allocated to a sub state grantee under section 302(D) may be used pursuant to a sub state plan under section 313 to provide needs-related payments to an eligible dislocated worker who is unemployed and does not qualify or has ceased to qualify for unemployment compensation in order to enable such worker to participate in training or education programs under this Title...." 631.20 of the interim final regulations reads as follows: "Title III funds . . . may be used to provide needs-related payments to . . . [a]n eligible worker who has ceased to qualify for unemployment compensation . . . Needs-related payments shall not be provided to any participant for the period that such individual is employed, enrolled in or receiving on-the-job training, out-of-area job search, or basic readjustment services in programs under the Act, nor to any participant receiving trade readjustment allowances, on-the-job training, out-of-area job search allowances, or relocation allowances under Chapter 2 of Title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) or Part 617 of this chapter. (Section 314(e)(1))" CLARIFICATION OF DEFINITION OF ELIGIBLE DISLOCATED WORKERS FOR CERTAIN SERVICES. G. Section 314(h) has been added and reads as follows: "CLARIFICATION OF DEFINITION OF ELIGIBLE DISLOCATED WORKERS FOR CERTAIN SERVICES. "(1) The term 'eligible dislocated workers' includes individuals who have not received specific notice of termination or lay off and work at a facility at which the employer has made a public announcement that such facility will close (except those individuals likely to remain employed with the same employer or likely to retire instead of seeking new employment) - "(A) with respect to basic readjustment services provided under paragraphs (1) through (14), (16), and (18) of subsection (c); and "(B) with respect to services provided under this section beginning 180 days before the date on which the facility is scheduled to close. "(2) Services described in paragraph (l)(A) and provided to the individuals described in paragraph (1) shall to the extent practicable be funded under section 302(c)(1)." 631.3(b) of the interim final regulations reads as follows: "(b)(1) Except as provided in paragraph (b)(3) of this section, workers who have not received an individual notice of termination but who are employed at a facility for which the employer has made a public announcement of planned closure shall be considered eligible dislocated workers with respect to provision of basic readjustment services specifically identified in section 314(c) of the Act with the exception of supportive services and relocation "(2) Such individuals identified in (b)(1) of this section shall be eligible to receive all services authorized in sections 314 of the Act after a date which is 180 days prior to the scheduled closure date of the facility, subject to the provisions of 631.20 of this part and other applicable provisions regarding receipt of supportive services. "(3) Paragraphs (b)(1) and (b)(2) of this section shall not apply to individuals who are likely to remain employed with the employer or to retire instead of seeking new employment. "(4) For the purposes of paragraph (b)(l) of this section, the Governor shall establish criteria for defining 'public announcement'. Such criteria shall include provisions that the public announcement shall be made by the employer and shall indicate a planned closure date for the facility. (Section 314(h))" 631.41(g) of the interim final regulations reads as follows: "Basic readjustment services described in 631.3(b)(1), provided to individuals who have not received a specific notice of termination or layoff and work at a facility at which the employer has made a public announcement that such facility will close, shall to the extent practicable be funded by the State with funds reserved under 631.32(c). (Section 314(h))" TERMINATION NOTICE FOR CIVILIAN DEFENSE EMPLOYEES H. Section 325(e) has been added and reads as follows: "NOTICE OF TERMINATION FOR CERTAIN DEFENSE EMPLOYEES. "(1) In General. A civilian employee of the Department of Defense employed at a military installation being closed or realigned under the laws referred to in paragraph (2) shall be eligible for training, adjustment assistance, and employment services under subsection (a) beginning on the date on which such employee receives actual notice of termination, or the date determined by the Secretary of Defense under paragraph (3), whichever occurs earlier. "(2) CERTAIN DEFENSE LAWS - The laws referred to in this paragraph are - "(A) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note); and "(B) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). "(3) DATE. The date determined under this paragraph is the date that is 24 months before the date on which the military installation is to be closed or the realignment of the installation be completed, as the case may be." This provision is not reflected in current regulations. 5. Action Required. States should take actions necessary and appropriate to comply with the NDAA amendments to Title III of JTPA.

References: a. DINAP Bulletin No. 95-01 b. Closeout package cover letter dated June 30, 1995 Background: On October 18 and 19, 1995, a joint letter from the Division of Indian and Native American Program (DINAP) and the Employment and Training Administration's Office of the Comptroller/Division of Accounting was sent to all grantees that had not submitted a completed closeout package for JTPA Program Years 1991 thru 1994 nor requested an extension to complete the required documents. A similar letter was also sent to twelve grantees who had not submitted closeout packages for 99-7 grants, which should have been closed out four years ago. Since closeout packages were due within 90 days of receipt, all delinquent grantees were informed in the joint letter that unless they requested an extension from the Division of Accounting, all program funds would be frozen effective October 31. The affected grantees were given an opportunity to avoid a program interrup-tion by submitting all required documents to DOL on or before October 31, or by requesting an extension from the Division of Accounting, thereby establishing a new negotiated due date. Failure to meet an extended deadline would result in an immediate suspension of program funds. All of the grantees affected by the October 31 deadline either submitted a closeout package prior to the due date, or requested an extension. (A few grantees had already received extensions on their own prior to receiving the DOL letter.) Therefore, it was not necessary to freeze any grantee's funds at that time. Information: The due dates for grantees granted a one-time extension have now passed or are approaching quickly. Most grantees are responding in a timely manner, but there are still some delinquencies. Therefore, all grantees are advised that DOL policy is that grantees who fail to meet their new extended due dates will have their JTPA funds frozen WITHOUT ANY FURTHER NOTICE. No additional extensions will be granted. Funds will not be restored until a completed closeout package is submitted to the Division of Accounting. This policy will apply to all grantees immediately and without exception. Inquiries: All inquiries concerning the closeout process should be directed to the contact person cited in the closeout package transmittal letter. Inquiries concerning closeout extensions should be directed to your DINAP Federal Representative or Greg Gross at (202) 219-7509.

References. None. Background. The Department of Labor has an electronic bulletin board which contains a wide variety of statistical, employment, safety, health and pension information. The bulletin board, maintained by the Department's Office of Public Affairs, contains the latest news releases, fact sheets, speech texts and selected publications. It is available to anyone with a computer modem and communications software. Information available on the bulletin board includes consumer and producer prices, real earnings, employment and unemployment statistics, job safety and health regulations, job training and other department grants, wage-hour, pension and other enforcement actions. A nationwide listing of Federal job opportunities is also available. The attached press release on computer disks and substance abuse is an example of information on the board. Action. Grantees interested in accessing bulletin board data can self- register by calling 202/219-4784. To receive information from the bulletin board, users should set computer communications parameters at: Parity: none; Baud: 300, 1200 or 2400; Data Bits: 8; Stop Bit: 1. Questions. For further information about the bulletin board or to report transmission problems, contact Don Berry, system operator, at 202/219/7343.