1. Purpose. To provide guidance to states with Strategic Five-Year State Plans for Title I of the Workforce Investment Act of 1998 and the Wagner-Peyser Act that expire in calendar year 2004.

2. References. Wagner-Peyser Act, as amended (29 U.S.C. 49 et seq.); Workforce Investment Act of 1998 as amended (WIA), (29 U.S.C. 2801 et seq.); Planning Guidance and Instructions for Submission of the Strategic Five-Year State Plan for Title I of the Workforce Investment Act of 1998 and the Wagner-Peyser Act (64 F.R. 9402 (February 25, 1999)); State Unified Planning Guidance (65 F.R. 2464 (January 14, 2000)).

3. Background. While authorization of appropriations for the Workforce Investment Act of 1998 expired at the end of Fiscal Year 2003, authority for the program has been extended under the DOL Appropriations Act, 2004, enacted as part of the Consolidated Appropriations Act, 2004 (P.L. 108-199). Since Congress has not enacted a reauthorization bill, the Department is issuing this guidance to clarify issues surrounding continuation of operations during Program Year 2004. This guidance specifically relates to the ten states that were authorized to begin implementation of WIA in Program Year 1999 and have Five-Year State Plans that expire during Program Year 2004. The ten "early implementing" states in this category are:

4. Submission of New State Plans.The ten states listed above will enter into a new planning cycle in PY 2004. In order to be eligible for FY 2004 WIA and Wagner-Peyser Act funding, these ten early implementing states must have an approved WIA plan in place. Since we anticipate enactment of a reauthorization bill in the near future, states are authorized to submit only the first year of the five-year plan at this time. This abbreviated planning period will allow states to adapt their plans and their state strategies according to the reauthorized statute, once enacted. The states named above have the option to extend their existing plan for one year or to develop a new plan based on Planning Guidance and Instructions for Submission of the Strategic Five-Year State Plan for Title I of the Workforce Investment Act of 1998 and the Wagner-Peyser Act (64 F.R. 9402 (February 25, 1999)) or the State Unified Planning Guidance (65 F.R. 2464 (January 14, 2000)). New plans with new features will be considered expeditiously. Please note that these guidance documents will remain in effect until a reauthorization bill is enacted.

Typically, the plan review process takes up to 90 days. However, because of current circumstances, and to give states additional time to submit new plans, ETA will review plans within a 30-day time period. Therefore, states are asked to submit either new state plans, extensions, or plan modifications at least 30 days prior to the expiration of their current plan. Plans should be submitted to Ms. Christine Kulick, USDOL/ETA, Office of Workforce Investment, Division of One-Stop Operations, Room S4231, 200 Constitution Avenue, NW, Washington, DC 20210. Plans also can be submitted electronically to kulick.christine@dol.gov.

5. Policy Highlights.Early implementing states that choose to develop new plans, rather than extend existing plans, are advised of the following policy determinations:

Waiver Extensions: Many states have WIA Title I waivers that expire June 30, 2004. States may request an extension through June 30, 2005, by submitting an abbreviated waiver request that references the original waiver plan submission and provides a brief rationale for the extension. Waiver extension requests should be submitted 30 days prior to the date of expiration. Submit waiver extension requests to Ms. Christine Kulick, USDOL/ETA, Office of Workforce Investment, Division of One-Stop Operations, Room S4231, 200 Constitution Avenue, NW, Washington, DC 20210, or electronically to kulick.christine@dol.gov. The ten early implementing states may submit a request for extension of waivers as part of the State Plan modification submission.

Negotiated Levels of Performance: States should submit their proposed levels of performance for PY 2004 as part of their new plan submission. States should consult TEGL 22-02, dated March 24, 2003, for additional information on establishing and negotiating levels of performance.

6. Inquiries. Questions regarding this guidance should be directed to Ms. Christine Kulick at (202) 693-3937 or kulick.christine@dol.gov.

RESCISSIONS	EXPIRATION DATE
	Continuing