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.

References: a. The Job Training Partnership Act (JTPA), as amended; b. Goals 2000: The Educate America Act; c. School-to-Work Opportunities Act of 1994; d. JTPA Final Rules, as published in the Federal Register on September 2, 1994; e. Training and Employment Guidance Letter No. 4-94 (December 19, 1994): "JTPA Titles II-A, II-C, and III Allotments for Program Year (PY) 1994; Title II-B Allotments for Calendar Year (CY) 1995; and Wagner-Peyser Preliminary Planning Estimates for PY 1994"; f. Training and Employment Guidance Letter No. 5-93 (April 11, 1994): "Summer Challenge II: A Program of Work and Learning for America's Youth"; g. Training and Employment Information Notice No. 6-93 (July 30, 1993): "Instructions for the Title II Job Training Partnership Act (JTPA) Quarterly Financial Status Report" and Change 1 to this TEIN (January 13, 1994); h. Training and Employment Information Notice No. 33-92 (June 1, 1993): "Child Labor Restrictions Applicable to Youth Participants in Job Training Partnership Act (JTPA) Funded Programs"; i. Training and Employment Information Notice No. 25-93 (November 23, 1993): "Job Training Partnership Act (JTPA) Youth Assessment and Program Design Options Technical Assistance Guides". Background a. Budgetary Concerns. While we recognize that the House Appropriations Committee has proposed elimination of all funding for the Title II-B Summer Youth Employment and Training Program (SYETP) for CY 1995, planning for the 1995 summer youth program needs to continue in the event that final action on Department of Labor appropriations allows the Title II-B program to go forward. A successful program requires early, orderly, and careful planning, procurement, recruitment, and negotiation of agreements with local business, public/private organizations and educational institutions, as well as staff training sessions. Therefore, consistent with our regular program cycle, we are issuing this Training and Employment Guidance Letter (TEGL) to provide necessary guidance to States and local communities to facilitate program planning and operations. Federal funds, expended prior to a notice by the Department of Labor of a rescission, which were provided to States (Service Delivery Areas) to operate the 1995 summer youth program in accordance with the SDAs' job training plans will not be deobligated by the Department of Labor.

Reference: TEGL No. 2-94. Background: The Office of Trade Adjustment Assistance (OTAA) receives and considers petitions for assistance for workers being dislocated as a result of trade impact. After the OTAA investigation is completed, a written response is sent to the petitioners. Since the workers affected are all facing dislocation, regardless of the results of the investigation, the State Dislocated Worker Unit (DWU) should be made aware of the situation so that they can take appropriate action. Procedures: States have a routine responsibility to encourage and support coordination between JTPA Title III and TAA programs. Copies of every TAA and NAFTA-TAA petition received by the Department of Labor will be provided to the appropriate State Title III contact for information and followup. If the workers are certified as trade impacted, the individual State Title III program can dual enroll the workers for additional services. If the petition is denied, the Title III program has a responsibility to take steps to ensure that the workers are informed of other appropriate service opportunities. Action Required: The State JTPA Liaison should advise the State DWU of this new procedure.

Background: The Forums will be sponsored by the United States Employment Service (USES) in a cooperative agreement with the Texas Employment Commission and working with the Interstate Conference of Employment Security Agencies (ICESA). Over the past few years, public sector employment, training, and education professionals have become increasingly active in working together to address workforce development issues. A key player in these activities is the national network of public Employment Service Agencies that are improving the way they do business through service innovations and the creation of meaningful collaborations with other government programs, the private sector, and organized labor. An example of this is the leadership it has demonstrated in helping to develop, organize, and co-sponsor the Workforce Development Forums. A National Planning Committee, consisting of a wide range of individuals and organizations from SESAs, Job Training Partnership Act (JTPA), business, labor unions, educational institutions, and other Federal, State, and local governments, met and selected the following overall theme for the three Forums: "Envisioning A Competitive America: The Workforce Development Challenge." Within this title, three broad based sub-themes for each Forum were also selected which are identified below and described in the attached registration packet. Forum Schedule: The following three Forums are planned in different areas of the country in order to allow for maximum participation. a. "Successful Collaborations: Partners in Workforce Development" (Boston, Massachusetts - April 14-16) b. "Building A Customer Driven System: Empowering Job Seekers, Employers, and Other Labor Market Participants" (Des Moines, Iowa - May 26-28) c. "Creating A New Employment and Training Infrastructure: Strategies for Systemic Change" (Albuquerque, New Mexico - July 14-16) Each of the three Forums will showcase projects supporting all three themes but a different theme will be the central feature of each Forum: collaborating; empowerment; and systemic change. The agenda for each Forum will include plenary session speakers, workshops, panel/discussion groups, and an Exhibit Hall to showcase projects supporting the three themes. The overall mission of the project is to foster a common vision of the employment, training, and education systems by demonstrating successful and promising workforce development strategies. Specific goals to be achieved through these Forums are to: -- Demonstrate successful/promising workforce development strategies; -- Showcase projects that can be replicated; -- Involve a broad audience; -- Enhance recognition/success for the Employment Service as a network leader/participant; and -- Serve as a foundation for future policy development. Action Required: State ES Agencies are requested to coordinate with specified Regional Office staff to publicize the Forums to appropriate policymakers and planners in order to assure their success. JTPA State Liaisons and State Worker Adjustment Liaisons are asked to work closely with their ES Agencies to maximize participation at each Forum.

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Reference: Final JTPA Regulations, 20 CFR 627.201, published in the Federal Register on September 2, 1994. Background: One of the major changes in the above-referenced September 2, 1994, JTPA final regulations is the addition of a new section, 20 CFR 627.201, "Waivers." This section, unlike the rest of the final regulations, became effective 30 days from the date of publication of the JTPA final rule in the Federal Register-- October 3, 1994. This was intended to complement the Department's desire to enable States, service delivery areas (SDA's), and Title III substate grantees (SSG's) to implement beneficial changes in the final rule as quickly as they choose, as provided for in the final rule, and to apply for waivers of regulatory provisions to be effective before the beginning of Program Year (PY) 1995 and thereafter. The purpose of the new waiver provision was to be responsive to suggestions and comments which have stated that some of the administrative burden or unintended effect of many regulatory requirements may be reduced through the granting of waivers. In addition to receiving this type of suggestion through the formal regulations comment process, the Department also heard this belief echoed during its recent "JTPA Dialogue" and dislocated worker "Next Steps" meetings. In addition, this was also recommended in Vice President Gore's Report of the National Performance Review--From Red Tape to Results: Creating a Government that Works Better & Costs Less--which was published in September 1993. The Department believes that in order to be responsive to the needs of the JTPA system, some guidance is appropriate in order to maintain consistency in the way that waivers are handled at the Federal level. Accordingly, the Department is issuing the attached guidance to assist Governors in submitting requests for JTPA regu-latory waivers pursuant to 20 CFR 627.201. The Department expects that, as experience is gained regarding specific waiver requests, information will be created which we anticipate will be useful in future policy deliberations, including possible regulatory revisions. Also, as the waiver process evolves, it may be adjusted to respond to concerns and issues that may surface in handling such requests. The States may be contacted periodically for their views on the effectiveness of the waiver process and on the ways the process might be improved and made more responsive. Action: States are requested to share the attached information with appropriate individuals within the State, as well as with their SDA's and SSG's. States are also encouraged to develop as soon as possible standardized internal procedures/mechanisms for SDA/SSG submission of waiver requests to the State, as well as procedures/processes for State evaluation of local level waiver requests. The procedures established should conform to the provisions of 20 CFR 627.201 and the information contained herein.

Reference: RAL No. 3-91, RAL No. 1-82 Background: In the above referenced RALs, it was requested that data from the ETA 539 report, Weekly Claims and Extended Benefits Trigger Data, not be released until the official release time in the National Office. Early release of this data could give some individuals or companies unfair advantage in the financial markets. Embargoing of this data has been difficult for some SESAs because of State freedom of information acts and increasing pressure from within State governments to have that data available. Because of the need to use interstate agent information to have accurate State by State insured unemployment and because of issues with clearance and publication requirements, it was not possible for the National Office to officially publish this data much earlier than twelve days after the close of the period to which the data relate. However, in consultation with State Labor Market Information Chiefs, and at their urging, the ETA 538 report was developed to allow for an earlier release of National figures and greatly reduce the time that the States are requested to embargo their data. The ETA 538 data will be published by the National Office each Thursday, five days after the end of the week to which the data relate. The first ETA 538 data was published on March 18, 1993, for claims filed during the week ending March 13, 1993, and reflecting unemployment for the week ending March 6, 1993. Embargoing State ETA 538 data until the official release time will allow SESAs to release State ETA 539 data for the same week--which is of more interest within the State--at that same time or seven days prior to the former embargo date. This also means that States can release their input to the ETA 539 report seven days prior to the date this State-specific data will be released by the U.S. Department of Labor in its Weekly Claims Report and news release. Action Required: It is requested that SESAs not release their ETA 538 data to outside parties until the official National Office release time, usually 8:30 a.m. eastern time each Thursday following the end of the week in which the claims were filed. It is further requested that States not release their ETA 539 data until the date of the release of the ETA 538 representing the same week.

Background: Many organizations in the employment and training community have expressed a desire to have electronic access to one another. Several have established independent electronic solutions for accessing information data sources. In order to meet the growing communications and information needs of the employment and training community - national, Regional, State, and local - ETA has, with additional impetus from the 1992 Amendments to the Job Training Partnership Act (JTPA), decided to develop a "corporate strategy" to communications and networking. An ETA-wide task force has been formed for this purpose and has come together to develop a collective approach to electronic communications. Objectives: The objectives that will guide development of ETA's networking strategy are threefold: -- to provide a facility for electronic communications between ETA and its grantee universe; -- to provide a facility for electronic communications among and between ETA grantees; and, -- to seamlessly interconnect ETA's three principal operating environments (the ETA LAN and its components, the Unemployment Insurance Service Artecon/Sun system, and the Office of Job Corps communications/data system). This effort will serve to bring all of ETA's existing and planned communications systems and initiatives under one umbrella. Design and Implementation Strategy: Several steps have already been taken towards establishing a network strategy. a. Task Force. The Data Communications Network project is guided by a task force under the direction of David Morman, Deputy Director of the Office of Information Resources Management. Its members represent the ETA National and Regional Offices, the Office of the Assistant Secretary for Administration and Management, and the Office of the Inspector General. The task force, with the assistance of a technical consultant, has begun to review the configuration of existing hardware/ software/communications systems within the employment and training community. This may entail some detailed data collection about these configurations. The task force has also begun to design and evaluate some architectural options for a wide area data network. b. National Conference. To facilitate input/feedback from the employment and training community regarding its functional requirements and the overall network design, ETA has and will continue to host a series of meetings/conferences with the user and grantee community. A conference is scheduled for August 26 and 27 at the Stouffer Hotel at the Inner Harbor in Baltimore, Maryland. This conference is intended to bring together all users within the ETA community to discuss the communications needs and expectations of each user group and to review the work to date on the network design. ETA has informally contacted the States to identify attendees representative of the employment and training community to attend this conference. Attached is a list of names submitted to the National Office to date, as well as detailed conference information. c. Network Pilot. The next phase in our communications strategy, anticipated to begin in October 1993, will be to test a selected architectural approach, through the establishment of a pilot network. This will allow us to fine tune the overall design, and will provide a more indepth understanding of potential usage of the fully implemented network. One of the ten ETA Regions will be identified as a pilot site to test network options; grantees in the selected Region will participate on a voluntary basis. From the pilot of the network we hope to learn: (1) what technical approaches work best, (2) the amount of traffic required by network, (3) how much it will cost to implement and maintain, and (4) how complex it may be to operate/manage the network. This phase will last 6 months. Upon completion of the pilot, the knowledge gained will be used to establish a strategy for developing a nationwide employment and training wide area network. Technical Workgroup: As an adjunct to the task force, a larger workgroup of users within the ETA grantee community is being formed. Members of this workgroup will provide their individual views and concerns as we proceed. Action: Recipients of this TEIN are requested to: a. Please widely share the information in this TEIN with State, service delivery area, and grantee organizations; b. Determine if additional representatives from the employment and training community in their States should attend the system-wide conference in August or join the large networking workgroup. If so, please submit the names, addresses, and affiliations of the additional attendees to the National Office by FAX to either Roxanne Rozek (FAX: (202) 219-6510) or Diane Mayronne (FAX: (202) 219-7190).