U.S. DEPARTMENT OF LABOR
Employment and Training Administration
Washington, D. C. 20210

CLASSIFICATION

ES

CORRESPONDENCE SYMBOL

TEESS

ISSUE DATE

Feb. 19, 1997

RESCISSIONS

None

EXPIRATION DATE

Continuing

DIRECTIVE

:

TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 04-95, Change 3

 

TO

:

ALL STATE JTPA LIAISONS
ALL STATE WORKER ADJUSTMENT LIAISONS
ALL STATE WAGNER-PEYSER ADMINISTERING AGENCIES

 

FROM

:

BARBARA ANN FARMER
Administrator
for 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) 1996 and 1997; and PY 1997 Wagner-Peyser Act Program Planning Guidelines

 

  1. Purpose. To add paragraph 7c to Training and Employment Guidance Letter No. 4-95 and to provide Attachment F1, PY 1997 Wagner-Peyser (W-P) Planning Guidance.

  2. Waiver Request. The Department of Labor's Appropriations Act of 1997 (Public Law 104-208) contains three provisions relating to waivers - a general statutory/regulatory authority that applies to all States, a Work-Flex Partnership authority that permits up to six States to be selected for a demonstration program, and a continuation of the existing waiver authority that applies only to Oregon. The existing authority for Oregon impacts on the Job Training Partnership Act (JTPA); whereas, the other two authorities impact on both the Wagner-Peyser Act and the JTPA. The general statutory/regulatory and Work-Flex waivers authority(ies) will be discussed in detail in two separate forthcoming TEGLs (currently under review by OMB), including guidance for submittal of applications. The waiver requests must be forwarded to the Secretary of Labor via the appropriate Employment and Training Administration Regional Administrator by the Governor of a State. After the State's waiver request is approved, the Governor may delegate such authority to the operating agency head.

    1. Wagner-Peyser Act Waivers and State Plan Submissions. The Department may grant waivers to any of the statutory or regulatory requirements of Sections 8, 9 and 10 of the W-P Act (except for requirements relating to the provision of services to unemployment insurance claimants and veterans, and to universal access to basic labor exchange services without cost to job seekers [Section 105 of Department of Labor 1997 Appropriations Act]). Section 8 of the W-P Act sets forth the requirements relating to the State planning process.

        (1)  If the State plans to submit a request for waiver of W-P Act provisions or regulations (applicable to Sections 8, 9 and 10), the State should notify the appropriate Regional Office by April 30 and indicate the statutory or regulatory waiver(s) to be requested. The State should also indicate when its waiver request will be submitted. Regional Offices will make every effort to act upon waiver requests by July 1, 1997, if they are received by April 30. To insure prompt responses, Regional Offices may respond with a partial approval in those instances where a request contains multiple parts and further information or clarification is required.

        The Regional Offices have the discretion to extend the State's PY 1996 W-P Plan, if necessary, until action is taken on the State's waiver request, or to require State plans in accordance with the timeframe set forth in paragraph 3.a. below. Regional Offices that extend a State's PY 1996 W-P 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 planning, shall not grant an extension beyond September 30, 1997.

        (2)  Irrespective of any waiver request relating to the State Plan, Program Year 1997 W-P policy objectives set forth in Section F1 of this directive should be considered for inclusion in the final State plan, consistent with Section 7 of the W-P Act;

        (3)  1997 State Plans must include instructions for the provision of services to unemployment insurance claimants and veterans, and to universal access to basic labor exchange services without cost to job seekers as required in Section 105 of the Department of Labor 1997 Appropriation Act;

        (4)  If the State is not submitting a waiver request to the statutory/regulatory waiver authority for W-P Act (applicable to Sections 8, 9 and 10), the State should submit its entire plan as described below.

  3. Changes. 

    1. Add 7c. Wagner-Peyser State Plans for PY 1997. Each State will prepare an annual plan for PY 1997 to provide services and activities within the States as authorized under Section 7(a), 7(b), and 7(c) of the W-P Act.

      States may present their PY 1997 W-P plans in accordance with one of the options outlined in paragraph 5 of TEGL No. 4-95. However, these options do not affect States' obligations to adhere to Federal requirements pursuant to the Wagner-Peyser Act. Further, State W-P plans shall address the PY 1997 planning priorities set out in Attachment F1, PY 1997 W-P Planning Guidance of this Change 1.

      Notwithstanding the format in which the State plan is presented, the State's response to the major areas for W-P planning (i.e., New State Workforce Development Systems; Labor Exchange Initiatives; Services to Unemployment Insurance (UI) Claimants; Service to Veterans; and Services to Migrant and Seasonal Farmworkers) should be identifiable. Likewise, the plan's content should reflect the State Plan Content items in Enclosure A, the State Agency Wagner-Peyser Plan Checklist for PY 1997, which will be used by the Regions in reviewing plans.

      One signed original and two copies of these State plans should be sent via a letter of transmittal to the appropriate Regional Office by April 30, 1997, or as provided in paragraph 4.a. above.

    2. Attachment F1 contains the PY 1997 W-P Planning Guidance.

  4. Inquiries and Comments. Requests for technical assistance or other inquiries should be directed to the Regional Office. Inquiries regarding this change may be directed to Gene Tichenor on (202) 219-5185, ext. 135 or David Balducchi on (202) 219-5257, ext. 158.

  5. Attachment.