DIRECTIVE	:	TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 01-96
TO	:	ALL STATE JTPA LIAISONS ALL STATE WORKER ADJUSTMENT LIAISONS ALL WAGNER-PEYSER ADMINISTERING AGENCIES ONE-STOP CAREER CENTER SYSTEM LEADS
FROM	:	BARBARA ANN FARMER Administrator for Regional Management
SUBJECT	:	General Provisions under DOL Appropriations Laws for Fiscal Year/Program Year 1996, 1995 and 1994

1. Purpose. To transmit copies of relevant excerpts from the subject appropriation law documents and to provide notice and guidance on their applicability.

2. Reference. Public Laws 104-134 (FY/PY 96), 103-333 (FY/PY 95), 103-112 (FY/PY 94) and TEGLs 12-94 dated May 31, 1995, 12-94 Change 1 dated August 20, 1996, and 7-95 dated July 31, 1996.

3. Background. Federal appropriations laws governing the use of specific fiscal year appropriations for a Federal government agency have, from time to time, imposed additional requirements on an agency's internal and external (e.g., grants/contracts) use of funds. Previously, ETA issued TEGLs (referenced above) to inform and provide guidance on specific Fiscal/Program Year 1995 and 1996 appropriation law provisions which the Congress authorized for the JTPA Title II and III programs.

   In other instances, Congress has mandated some specific requirements that cut across Federal Departments, agencies and programs. Accordingly, ETA has taken action, in many instances, to incorporate some of these appropriation law "General Provisions" into grant or contract agreements. Regardless of whether an agency takes such action on these broadbased provisions, they are applicable where appropriate. In an effort to keep grantees apprised of current appropriation laws which impact a grantee's program operations, ETA is issuing this and subsequent other issuances as needed. This TEGL will focus only on the General Provisions sections of the referenced appropriation laws for FY/PY 1994, 1995 and 1996.

4. Applicability of General Provisions in Subject Laws. 

   (a)  P.L. 104-134, Title V, General Provisions (FY/PY 1996)

   Title V includes Sections 501 through 520. Of these, only Section 506 (Purchase of American-Made Equipment and Products) and Section 507 (Publicity Requirements) appear to be noteworthy and relevant to ETA grantees and their programs.

   Section 506 requires the Department to provide notice to contractors and grantees that the "sense of Congress" is that all purchase of equipment and products with FY/PY 1996 appropriated funds be, to the extent practical, American-made. This TEGL will fulfill the requirement for the Notice to its State grantees for JTPA and Wagner-Peyser programs. The compliance requirement at Section 506 for the States is self-explanatory.

   Regarding Section 507 requirements that certain Federal funding information be contained in public documents, grantees are apprised that the requirement is limited to "grantees" under the applicable appropriation. The applicable definition of "grantee" under the JTPA and Wagner-Peyser programs apply, i.e., the State is the "grantee" (to the extent that a State agency or agencies are expending the subject funds).

   Also, grantees should read carefully the conditions in which the requirement for disclosing financial information in Requests for Proposals is required. For example, the requirement states that certain "program or project" funding information is required. This does not necessarily include disclosure of a specific dollar amount for a specific purchase, procurement, or subgrant solicitation. See specific Section 507 language.

   (b)  P.L. 103-133, Title V, General Provisions (FY/PY 1995)

   Title V of this appropriation includes fifteen General Provisions. DOL grantee attention is again directed to those DOL "external" requirements such as Section 507 (Purchase of American-made Equipment and Products) and Section 508 (Publicity Requirements). Although not as likely to be relevant to current grantee programs, see also Section 509 (Abortion Prohibition); and Section 511 (Undocumented Immigrants).

   (c)  P.L. 103-112, Title V, General Provisions (FY/PY 1994)

   Title V of this appropriation includes only nine General Provisions. Of these, Section 507 (Buy American Act Compliance) is especially relevant to current DOL grantee programs.

5. Action. State JTPA and Wagner-Peyser grantees should review the attached excerpts and take necessary action to ensure compliance with the applicable provisions contained in the subject appropriation laws. This includes the distribution of this information to other affected entities.

6. Inquiries and Comments. Please direct your inquiries to the appropriate Regional Office. RO staff will be responsible for obtaining needed assistance or responses on all inquiries.

7. Attachments. 

   • P.L. 104-134, Title V, General Provisions (FY/PY 96 DOL Appropriations)

   • P.L. 103-333, Title V, General Provisions (FY/PY 95 DOL Appropriations)

   • P.L. 103-112, Title V, General Provisions (FY/PY 94 DOL Appropriations)