General provisions in 1994–1996 DOL appropriations laws

Training and Employment Guidance Letter No. 01-96

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

Rescissions: None. Expiration date: Continuing.

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)

ETA's historical page links the full text of Public Law 104-134. The cited 1995 and 1994 appropriations laws are listed there without separate links; statutory text is not reproduced here.