DIRECTIVE	:	TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 02-97, Change 1
TO	:	ALL STATE JPTA LIAISONS ALL STATE WORKER ADJUSTMENT LIAISONS ALL STATE WAGNER-PEYSER ADMINISTERING AGENCIES ALL ONE-STOP CAREER CENTER SYSTEM LEADS
FROM	:	DAVID HENSON Director Office of Regional Management
SUBJECT	:	Instructions for Submission of State Plans Under Title II and Title III of the Job Training Partnership Act for Program Years (PY) 1998 and 1999; and PY 1999 Wagner-Peyser (W-P) Act Program Planning Guidelines

1. Purpose. To modify Training and Employment Guidance Letter (TEGL) No. 2-97 in order to provide guidance for the preparation and submission of PY 1999 W-P Act Plans.

2. Added References. The Workforce Investment Act (WIA) of 1998 and the Planning Guidance and Instructions for Submission of the Strategic Five-Year Plan for Title I of the Workforce Investment Act of 1998 (Workforce Investment Systems) and the Wagner-Peyser Act (herein referred to as the WIA Planning Guidance). The WIA Planning Guidance was approved by OMB (OMB Control No. 1205-0398).

3. Background. In February 1998, ETA issued TEGL No. 2-97, which provided consolidated guidance for the submission of State two-year plans (for PY 1998 and PY 1999) for Titles II and III of JTPA, and PY 1998 Planning and Review Guidance for W-P Act basic labor exchange activities. This issuance provides guidance for PY 1999 W-P Act Plan submission. Under WIA, the Federal Government, States, and local communities have an opportunity to enhance their One-Stop delivery systems so that workers receive the information, labor exchange services, and training that they need to obtain and keep good jobs, and employers acquire skilled workers. For PY 1999, States have three options for submitting their W-P Act Plans, as described herein.

4. Existing Waivers. With respect to a State that has been granted a waiver under the provisions relating to training and employment services of the Department of Labor in title I of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997 (Public Law 104-208: 110 Stat. 3009-234), the authority provided under such waiver shall continue in effect and apply for the duration of the initial waiver. As Work-Flex Partnership States, Iowa and Ohio have approved five-year waivers for Section 8 of the W-P Act.

5. W-P Act Waivers and State Plan Submissions. Under current authority, the Department may grant waivers to any of the statutory or regulatory requirements of Sections 8 through 10 of the W-P Act (excluding requirements relating to the provision of services to unemployment insurance claimants and veterans, and requirements relating to universal access to basic labor exchange services without cost to job seekers). Section 8 of the W-P Act sets forth the requirements relating to the State planning process. The waiver requests must be forwarded to the Secretary of Labor via the appropriate ETA Regional Administrator (RA) by the Governor of a State. After the State's waiver request is approved, the Governor may delegate authority to the operating agency head.

   1. States granted waivers of W-P Act planning requirements for PY 1998 under Section 8 of the W-P Act, must submit a W-P Act Plan for PY 1999 (except for States listed in paragraph 3 above).

   2. If the State plans to submit a request for waiver of W-P Act provisions or regulations (applicable to Sections 8 through 10), the State should notify the appropriate Regional Office (RO) by May 1 and indicate the statutory or regulatory waiver(s) to be requested. The State should also indicate when its waiver request will be submitted. The State must submit a plan to the Secretary to improve the statewide workforce development system that -

      (1)  Identifies the statutory or regulatory requirements that are requested to be waived and the goals that the State or local area in the State, as appropriate, intends to achieve as a result of the waiver;

      (2)  Describes the actions that the State or local area, as appropriate, has undertaken to remove State or local statutory or regulatory barriers;

      (3)  Describes the goals of the waiver and the expected programmatic outcomes if the request is granted;

      (4)   Describes the individuals impacted by the waiver; and

      (5)  Describes the process used to monitor the progress in implementing such a waiver, and the process by which notice and an opportunity to comment on such request has been provided to the local board.

      The Federal partner will make every effort to act upon waiver requests by July 1, 1999, if they are received by May 1, 1999.

   3. In response to a request from a State, the ROs may extend the State's PY 1998 W-P Act Plan, if necessary, until action is taken on the State's waiver request. ROs that extend a State's PY 1998 W-P Act Plan in order to complete the waiver application review process or in anticipation of a waiver request that changes the State's process for W-P Act planning shall not grant an extension beyond September 30, 1999.

   4. If the State is not submitting a waiver request, the State should submit its entire plan as described in paragraph 6 below.

6. W-P Act State Plans for PY 1999. Each State will prepare an annual plan for PY 1999 to provide services and activities within the State as authorized under Sections 7(a), 7(b), and 7(c) of the W-P Act.

   Amendments to the W-P Act contained in WIA are effective July 1, 1999. ETA recognizes this effective date for W-P Act provisions, however ETA will raise no issues under 20 CFR 652 with States solely on the basis that they operate under JTPA during PY 1999. The operational rules governing W-P Act services required by WIA are reflected in 20 CFR, Section 652, Subpart C. States may present their W-P Act Plans in accordance with one of the options outlined in the WIA Planning Guidance or submit a separate W-P Act Plan in accordance with this TEGL.

   States that opt to submit prior to May 1, 1999, either: (1) a full implementation plan, or (2) a transition plan that addresses all the W-P Act planning requirements, as described in Attachment A of the WIA Planning Guidance (published in the Federal Register on February 25, 1999), do not have to submit a separate W-P Act Plan. States that submit a full implementation or transition plan after May 1, 1999, or that do not implement WIA in PY 1999, should submit a separate W-P Act Plan no later than May 1, 1999, or if submitting a waiver request, ask for an extension from the Department per paragraph 5 above.

   Notwithstanding the format in which the State plan is presented, the State must respond to the questions related to the delivery of W-P Act services contained in Attachment A, including assurances, of the WIA Planning Guidance. Attachment F1 extracts those questions which address the W-P Act planning requirements from Attachment A of the WIA Planning Guidance. This attachment is intended to assist States submitting a separate W-P Act Plan or a transition plan in identifying the W-P Act planning requirements. Additionally, for States submitting a separate W-P Act Plan, the plan's content should reflect the State Plan for Agriculture Services in Attachment F2.

   One signed original and two copies of separately submitted State plans should be sent via a letter of transmittal to the appropriate Regional Office by May 1, 1999. Full implementation or transition plans should be submitted in accordance with instructions in the WIA Planning Guidance.

7. Inquiries. Requests for technical assistance or other inquiries should be directed to the Regional Office.

8. Attachments. 

   F1.  W-P Act Questions in the WIA Planning Guidance

   F2.  State Plan for Agriculture Services