Reference. Job Training Reform Amendments of 1992. Background. Due to the death of Mrs. Alice Roach, Council member representing Region VII, a vacancy now exists to represent that region on the Council. The new representative would serve on the Council for the balance of Mrs. Roach's two year appointment until June 30, 1997. Only grantees in Region VII may submit nominations for this vacancy. Self nominations will also be considered. In submitting nominations, grantees should consider the willingness of the nominee to attend Council meetings, and to provide feedback to the grantee community. The Department of Labor considers the Council as its partner, and, as such as its major source of consultation with the Section 401 grantee community. Therefore, communication between the prospective Council member and his/her constituency is critical. Action. If you would like to suggest a nominee for this membership, please submit the name of this individual to the following address: Mr. Thomas M. Dowd Chief Division of Indian and Native American Programs U.S. Department of Labor 200 Constitution Avenue, N.W. Room N-4641 Washington, D.C. 20210 ATTENTION: Council Desk We would appreciate having the nominations postmarked no later than September 1, 1995. Questions. Contact Mr. Dowd on (202) 219-8502.

References: Section 314(f), JTPA, as amended by Section 301 of P.L. 102-367 (The Job Training Reform Amendments of 1992), and Section 3304(a)(8), FUTA. Background: Section 3304(a)(8), FUTA, requires, as a condition for employers in a State to receive normal credit against the Federal tax, that a State's unemployment compensation (UC) law provide that: compensation shall not be denied to an individual for any week because he is in training with the approval of the State agency (or because of the application, to any such week in training, of State law provisions relating to availability for work, active search for work, or refusal to accept work). . . Title III, JTPA, contains certain employment and training provisions specifically related to dislocated workers. In its original enactment (Public Law (P.L.) 97-300), JTPA included a provision which the Department of Labor (Department) interpret- ed as requiring that acceptance of training under Title III, JTPA, was to be considered approved training under Section 3304(a)(8), FUTA. The reauthorization of JTPA (P.L. 99-496) did not include a similar provision; however, Department regulations at 20 CFR 631.4 (1992) imposed such a requirement. The recently enacted P.L. 102-367, the Job Training Reform Amendments of 1992, again included such a provision related to approved training. Specifically, Section 301(2) of P.L. 102-367 added new Section 314(f)(2) to JTPA. This section provides: An eligible dislocated worker participating in training (except for on-the-job training) under this title [i.e., Title III] shall be deemed to be in training with the approval of the State agency for purposes of section 3304(a)(8) of the Internal Revenue Code of 1986 [i.e., Section 3304(a)(8), FUTA]. This provision is implemented in regulations at 20 CFR 631.4 (57 Fed. Reg. 62004, 62063). Discussion: Section 3304(a)(8), FUTA, requires a State to allow an individual in an approved training course to receive UC and to prohibit denial based on State law provisions relating to availability for work, active search for work, or refusal of work. Ordinarily, each State is free to determine whether training is appropriate for a claimant, to establish the criteria for approval of a training course, and to adopt safeguards to assure that the claimant is actually attending approved training. Section 314(f)(2), JTPA, however, preempts State agency discretion to approve training in one area. A State must consider training under Title III of JTPA to be "approved" training within the meaning of Section 3304(a)(8), FUTA. This amendment to JTPA applies only to those individuals actually participating in training under Title III, JTPA. It does not apply to individuals who are merely enrolled, accepted in, or planning to attend such training. Nor, by its terms, does it apply to on- the-job training. States do, however, have the option of considering whether individuals participating in training under other titles of JTPA are in "approved" training. Section 3304(a)(8), FUTA, prohibits the denial of compensation to a trainee in an approved training course based on State law requirements relating to availability for work, active search for work, or refusal of work. However, an individual participating in training under Title III, JTPA, who does not meet other State UC eligibility requirements is not entitled to UC. For example, Title III, JTPA, permits individuals who have exhausted their compensation to participate in training programs. These individuals remain ineligible for UC because of State law regarding exhaustion of compensation, despite participation in training under Title III, JTPA. Individuals must satisfy all other basic State law requirements for eligibility, such as establishing sufficient qualifying wages or showing good cause for voluntarily leaving employment. These requirements are not waived by any provision of JTPA or FUTA. Effective Date: Under Section 701(a) of P.L. 102-367, the amendments made by such act "shall take effect on July 1, 1993" except as otherwise provided. Since no other provision designates an effective date for Section 314(f), it is effective July 1, 1993. Action Required: States should review their laws to assure that individuals participating in training (except for on-the-job training) under Title III, JTPA, are in "approved" training under State laws.

References. TEGL 1-94, dated August 31, 1994; 20 CFR Part 627.470; also the "Guide to JTPA Performance Standards for Program Years 1994 and 1995" transmitted by Training and Employment Information Notice 16-94, dated December 13, 1994. Background. Within 90 days after the end of the Program Year [JTPA 106(j)], each State is required to report to the Secretary the final performance standards and actual performance of each Service Delivery Area (SDA) within the State. Within the same timeframe, the State shall also provide to the Secretary technical assistance plans for each SDA that has failed the established performance standards for one program year, and a reorganization plan for each SDA that has failed performance standards for two consecutive program years. Policy. Effective Program Year (PY) 1994, the Governor's determination of an SDA's failure to meet performance standards, and the consequent imposition of technical assistance and reorganization plans, must incorporate the Secretary's parameters, including the new definition of failure to meet performance standards (see TEGL 1-94). The Secretary's definition of failure to meet performance standards is not retroactive to PY 1993, unless similar provisions were included in the Governor's performance standards policy for PY 1993. For Program Years 1993 and 1994 only, the Governor's policy shall be used to determine SDAs that are subject to sanctions due to failure to meet performance standards for 2 consecutive years. Further, Governors are encouraged to take into consideration program funding uncertainties and other budgetary constraints in their review of SDA performance results and development of performance standards. In particular, we encourage Governors to review performance standards for youth programs, given rescissions and continuing uncertainty of youth program funding. Governors are reminded that adjustments to performance levels are allowable should changes occur in the levels of funding, the local economy, or needs in service to special populations.

Background. Many organizations in the employment and training community have expressed a desire to have electronic access to one another and to ETA. 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. 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. 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. The Division of Indian and Native American Programs (DINAP) has a representative, Ms. Barbara Connell, on this task force. The California Indian Manpower Consortium (CIMC), recently awarded the grant to determine best practices and options for an electronic network for Indian and Native American grantees, will also participate in this effort. 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 Local Area Network and its components, the Unemployment Information Service 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. A task force has been formed, with DINAP represented, and with the assistance of a technical consultant, has begun a review of 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. DINAP has invited CIMC, the Cherokee Nation of Oklahoma and the Seattle Indian Center to attend. (c) Network Pilot The next phase in our communications strategy, anticipated to begin in October, 1993, will be to test selected architectural approaches, through the establishment of a pilot network. This will allow us to fine tune the overall design and provide a more in depth understanding of potential usage of the fully implemented network. Region IV has been selected as the pilot region to test network options and all Indian and Native American Section 401 grantees located in that region are urged to participate. From the pilot of the network, we hope to learn: 1) what technical approaches work best, 2) the amount of traffic required by the 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. Action. No action by grantees is required at this time. Grantees in Region IV have been notified separately about actions regarding the pilot. Inquiries. Contact Barbara Connell at (202) 219-5511.

Background: The application guidelines for DDP grants were published in the Federal Requester on July 19, 1993. As described in the announcement, $75 million is available for grant awards through September 30, 1994. This is in addition to funds which are currently available to assist workers being dislocated through defense downsizing under the Defense inversion Adjustment Program (DCA). DDP is designed to complement and not replace DCA as a source of assistance to workers displaced as a result of defense downsizing initiatives. There are some significant differences between DDP and DCA which should be considered in deciding which type of grant would provide the most effective assistance to the specific dislocation event. These differences are: Participant Eligibility Each program has the same categories of workers who are eligible: civilian employees of the Department of Defense or Department of Energy employed at a military installation slated for closure or realignment; civilian employees of defense contractors certified by the Secretary of Defense; and discharged members of the Armed Forces. DDP has more restrictive limits on participant eligibility than DCA; they are: -- civilian employees of DoD, DOE or a defense contractor must have been terminated, laid off or received notice of termination during the 5 year period October 1, 1992 - September 30, 1997; -- discharged members of the Armed Forces must be involuntarily separated during the 5 year period September 30, 1990 - September 29, 1995; -- to be eligible for assistance under the program, an individual must not qualify, at the time of dislocation, for retirement pay related to the job from which they are being terminated. In addition, DDP authorizes the use of funds to provide upgrade training for currently employed, non-managerial workers, as discussed below. Allowable Uses of Funds In addition to the core readjustment, retraining and supportive services authorized under DCA, DDP allows the following: -- skills upgrading for individuals employed in non-managerial positions where such upgrading is integral to the conversion of a defense facility and is necessary to prevent termination or layoff of such individuals, and where such upgrading is to replace or update obsolete skills with marketable skills; -- development and introduction of high performance workplace systems, employee and participative management systems, and work force participation in the evaluation, selection, and implementation of new production technologies; -- community-based conversion planning activities. Not more than 20% of the awarded funds may be used for administration, high performance workplace-and related systems and conversion planning activities. Skills upgrading may only be supported with grant funds where applicable employers certify that they are maintaining expenditures for such activities at least at the level expended from October 1, 1991 September 30, 1992. Required Uses of Funds DDP requires that the following services are provided in order to receive the full amount of the grant award: -- State Dislocated Worker Unit (DWU), in conjunction with the appropriate sub state grantee(s), establishes on-site contact with employers and employee representatives affected by a dislocation or potential dislocation of eligible individuals; -- State DWU promotes the formation of a labor-management committee (LMC) or employer-employee entity in the case of a facility affected by an employee dislocation or potential dislocation, including provision of technical assistance and, where appropriate, financial assistance to cover the start-up costs of such an entity; -- State DWU provides, in conjunction with the LMC or employer-employee entity, the following services: an initial survey of potential eligible individuals to determine needs and interests in specific services, and initial readjustment services in conjunction with services provided by the sub state grantee. Grant funds may be used to reimburse the DWU for the cost of providing these required services. DDP also requires that grant funds must be used to provide needs-related payments to all individuals enrolled in training who meet the income eligibility threshold. Available Technical Assistance: The Department has made a strong effort to develop the application guidelines in a format that facilitates clear understanding of the submission requirements and the criteria which will be used to evaluate submitted applications. To facilitate ease of completion of an application, the Department has also prepared a template based application package which can be used to submit the application. The template package is attached to this TEIN. This template-based package is being provided as a technical assistance tool to facilitate timely and effective completion of the grant application requirements. Use of this tool is not a requirement and will not lead to a more favorable evaluation of an application. Each application will be evaluated according to the criteria described in the application guidelines. Action: President Clinton has recently announced another round of base closures and realignments. States are strongly encouraged to begin working with their sub state grantees and community representatives in communities in which such closures/realignments will be occurring, as well as in other defense-related dislocation events. Both DCA and DDP allow assistance to be provided to eligible workers well in advance of actual terminations/layoffs.

Background: The JTPA Title II Program, in PY 1993, will use four reporting forms: the JSPR, the JQSR, the JSSR and the SPIR. The JTPA Title III Program uses three reporting forms: the WFFR, the DWSPR and the SPIR. These reporting reports and instructions have been approved by the Office of Management and Budget (OMB). Required Reports, Due Dates and Reporting Periods: a. The JTPA Summer Performance Report (JSPR) is due in the ETA National Office and Regional Offices by November 15, 1993 for the year ended September 30, 1993. This report is to be submitted on a Statewide basis for Title II-B. (Refer to TEGL 1-93, Page 7, for additional required items on the JSPR for September 30, 1993.) b. TEIN 6-93 transmitted the new JTPA Quarterly Status Report (JQSR). It is due in the ETA National Office and Regional Offices no later than 45 days after the end of each program quarter (i.e., submitted no later than 11/15; 2/15; 5/15 and 8/15). Information for Title II-B will be effective for the quarter beginning October 1, 1993. NOTE: A separate quarterly report is to be submitted for each year for which funds have been granted. SPECIAL NOTE: A request for supplemental SDA/SSA selected financial information is expected to be submitted by ETA for OMB approval early in calendar year 1994. c. The JTPA Semiannual Status Report (JSSR) is due in the ETA National Office and Regional Offices by February 15, 1994 for the 6 months ended December 31, 1993 and by August 15, 1994 for the year ended June 30, 1994. NOTE: PER TEGL 7-92, ANY PY 1992 OR PY 1991 FUNDS THAT WERE UNEXPENDED ON JUNE 30, 1993, MAY BE EXPENDED AFTER JUNE 30, 1993 UNDER THE "OLD" REGULATIONS (20 CFR 626 et al., PUBLISHED 9/22/89) OR THESE FUNDS MAY BE EXPENDED UNDER THE NEW REGULATIONS. WHATEVER AMOUNT IS USED UNDER THE "OLD" RULES IS TO BE REPORTED ON THE JSSR REPORT ONLY. NOTE: When used during PY 1993, Section III, Participation and Termination Summary, is to be left blank. ALL PY 1993 Title II participants and terminations will be recorded on the JQSR (current year report) and the SPIR, regardless of the year of funds expended and whether under the "old" or "new" rules. d. The Standardized Program Information Report (SPIR) will be used to capture non-financial information for Title II-A; Sec. 204(d); Title II-C and Title III (Governor's Reserve, Sub state Area and Secretary's National Reserve Programs). Submittal of a SPIR record for each participant who has terminated from each of the above programs will be to the Meridian Corp., the contract database manager for the SPIR, no later than August 15, 1994. An additional submittal is due November 15, 1994. (Also see Item 4.g, below.) Final SPIR coding instructions and transmission procedures were provided via TEIN 36-92. SPIR edits will be provided via a separate ETA issuance. e. The new Worker Adjustment Formula Financial Report (WFFR) for all Title III formula funded programs in the State is due in the ETA National Office and Regional Offices no later than 45 days after the end of each program quarter (i.e., 11/15; 2/15; 5/15 and 8/15). NOTE: The final OMB approved report formats and instructions for the WFFR and for the updated DWSPR, for use in PY 1993, will be transmitted via separate ETA issuances. f. An updated Dislocated Workers Special Project Report (DWSPR) will be used for each Title III Secretary's National Reserve grant award project. NOTE: Only sections I (quarterly) and III (end-of-project) of this grant inception-to-date report will be used for this program. g. These non-JTPA funded programs also will use the DWSPR, Sections I (quarterly), II (each June 30 and end-of-project) and III (end of project) to report information for each grant award project funded under the following: Defense Conversion Adjustment Program (DCAP) Clean Air Employment and Training Assistance (CAETA Defense Diversification Program (DDP) There are certain special instructions for the DWSPR that apply to the DDP. These will be provided in the ETA transmittal for that program. Reporting Instructions/Information: a. From time to time, it is practical for a State to submit JTPA reports via FAX to the ETA National Office. The correct number to be used for such submittal is (202) 219-4308, Attention: John Marshall. b. Use of the complete address for report submittal by mail or other carrier, as provided in the instructions for each required report, will ensure that such submittals are directed to TSVR--Rm. S-5306. c. Guidance on the single 90/30-day period of inactive status specified for termination of participants in the instructions for the SPIR is provided in TEIN 3-92, Attachment C. d. For SPIR reporting purposes, objective assessment and/or case management is NOT to be considered as a training/work activity to be recorded in items 27./28.a.-e. These items are intended to capture information on an individual's participation/ completion in basic or occupation skills training and/or work activity. (Both assessment and case management are listed at Sec. 204(b)(1), of the JTRA, as direct training services and may be costed as such on the JTPA financial report for Title II.) e. Use of the JASR/WAPR has been discontinued after submittal of information for the period ended June 30, 1993. Revisions to previously submitted report information may be submitted on these formats until June 30, 1994. (Non-financial information will be submitted on the SPIR only, effective July l, 1993.) f. Use of the JSPR financial reporting items will be discontinued after submittal of information for the period ended September 30, 1993. Revisions to previously submitted report information may be submitted on these formats until June 30, 1994. NOTE: A request to extend the non-financial items on the JSPR to cover the CY 1994 Title II-B program is expected to be submitted by ETA for OMB approval early in calendar year 1994. g. The SPIR reporting instructions, transmitted via TEIN 5-93, update those published in the Federal Register dated November 12, 1992. h. Refer to TEGL 9-89, Attachment 1, bottom of page 2, for the language re exclusion, from the calculation of performance standards, of Title III terminus who are called back/remained with the layoff employer. i. Changes in Title II SDA configurations for PY 1993 resulted in a gain of one SDA in FL and a deletion of one SDA in CO. The US Total remained static at 647 SDAs. Title III SSA reconfigurations have resulted in the addition of one SSA each in PR and FL, while there was a loss of one SSA in CO. The total number of SSAs for PY 1993 had a net gain of one area, rising to a US total of 615. j. Attached are formats of current reporting forms with extensions of OMB approval dates. (There are no changes in the content of these reports.) These formats, with approval extensions, should be used for the reporting of PY 1992 program information not yet submitted. FORM FORM DATE OF OMB APPROVAL NUMBER NAME FORM EXPIRATION ETA 8580 JASR May 1990 11/30/93 ETA 9009 JSSR R-Dec 1988 12/31/93 ETA 9010 JSPR Mar 1986 12/31/93 ETA 9019 WAPR Mar 1989 12/31/93 ETA 9020 WQFR Mar 1989 12/31/93 ETA 9038 DWSPR July 1992 12/31/93 k. Attached are the JTPA Title IIA and III Outlawries for PY 1992. This information will be used in reviewing the correctness of the JASR and the WAPR submittals. JTPA Annual Fall MIS Conferences: Discussions regarding the Annual JTPA Fall MIS Conferences have been held with host Regional Office staff and the following dates and locations have been determined: REGIONS 1993 LOCATION V & VIII Sept. 22-24 Lansing, MI I, II, III Nov. 3-5 Williamsburg, VA IV, VI, VII Nov. 17-19 Myrtle Beach, SC IX & X Dec. 1-3 Seattle, WA As in the past, Federal, State, and local MIS staff are invited to attend these meetings. (The Region V & VIII conference has, by tradition, been limited to Federal and State MIS staff members.) Additional conference information and agendas will be forthcoming from host Regional Offices. Action: State Liaisons are requested to distribute these reporting requirements to all officials within the State who need such information.

References. DINAP Bulletins Nos. 94-13 and 94-19. Background. a. DINAP Bulletin No. 94-19 provided the final list of grantees eligible for travel and per diem reimbursement for one staff person to have attended the subject conference (reference DINAP Bulletin No. 94-13 for additional details). b. As stated in DINAP Bulletin No. 94-19, grantees eligible for reimbursement from the TAT contractor, ACKCO, Inc., have a 90-day period during which to submit the appropriate forms and receipts to ACKCO in order to receive reimbursement for conference attendance. As of the date of this bulletin, over thirty (30) eligible grantees had not submitted said claims to ACKCO. c. Grantees are once again reminded that reimbursement will ONLY cover transportation expenses (airfare, mileage, parking, taxis, etc.), lodging expenses, meals and incidental expenses, and conference registration fees. Penalties for late registration WILL NOT be reimbursed, regardless of the size of the grantee or the reason(s) for incurring the penalties. Expenses for rental cars and telephone calls WILL NOT be reimbursed. Federal travel rates in effect at the time of the conference will be applied to all reimbursement claims. 4. Action Required. Grantees listed on the attachment to DINAP Bulletin No. 94-19 should immediately submit their requests for reimbursement for attending the Bismarck conference to ACKCO, if they have not already done so. Requests for reimbursement postmarked after August 31, 1995, WILL NOT be processed. 5. Questions. Questions should be addressed directly to ACKCO, Inc., on 1-800-525-2859.

References: Training and Employment Information Notice (TEIN) No. 20-91; and TEIN No. 20-91, Change 1. Background: On March 11, 1992, TEIN No. 20-91 was distributed to all JTPA Liaisons announcing the initiation of an informal information exchange system whereby TAT materials and resources developed throughout the JTPA system could be shared. The TEIN requested a description of products and programs that proved successful in the system. With the inclusion of the capacity building section in the 1992 JTPA Amendments, TEIN 20-91, Change 1 requested additional information on useful products and programs for the Compendium. Letters were also sent to all Employment and Training Administration public interest groups and partnership grantees and to State Training Institutes and Associations to request information for the Compendium. We received descriptions for over 140 products and programs and positive feedback from the JTPA system on the need for a method by which information sharing can take place. We want to thank all those who have contributed. Description: The Compendium is a user-friendly document that is divided by subject areas. Each product or program has the following components: Title; contact information; intended audience; cost/ordering information; and a brief description. A TAT CODE is also included at the top of each description to let the user know at all times what category the program or product falls under (e.g., ASSESSMT = Assessment; COORD = Coordination; CASEMGT = Case Management/Counseling; and HRIC = Human Resource Investment Councils). At the front of the Compendium is a table of contents which includes definitions for each TAT code. Programs and products may cover more than one subject area but were coded by the most prominent key terms used. It should be noted that, by including materials in the Compendium, the Department of Labor will not be making a value judgment on their merit. The Department is simply providing a mechanism by which uniform information sharing can take place. Distribution: Copies of the Compendium are being provided under separate cover to all State Liaisons for their distribution to Service Delivery Areas (SDAs) and to the State JTPA agency. The Compendium has been prepared in a book format for ease in using. Shipment is expected to arrive at your office shortly. Collection of Additional Compendium Information: While the attached Compendium is the first in our series of sharing information on useful technical assistance and training resources through the information exchange system, our goal is to make the collection of useful programs and products an ongoing activity with full JTPA system involvement. If each SDA would continue to contribute information for the Compendium, the Compendium would become an invaluable resource in the employment and training community. The information exchange system will only be successful if members of the JTPA system are willing to contribute. Attachment I is a blank form for Compendium submissions. Attachment II is a sample of a completed Compendium form. The address for Compendium submissions is: U.S. Department of Labor Employment and Training Administration 200 Constitution Avenue, N.W. Room N-4703 Washington, D.C. 20210 ATTN: Dolores Hall-Beran Action: a. Please advise the SDAs, Private Industry Councils, State Training Institutes and other appropriate agencies in your State that the Department is still open to receiving information for future publications of the Compendium and encourage them to participate in this initiative. b. Please distribute the 1993 JTPA Compendium per section 5 above.

Reference. DINAP BULLETIN No. 94-18, Attachments Nos. 1-A and 1-B. Background. Section 162(d) of the JTPA, as amended, requires the Secretary of Labor to publish final allocations in the FEDERAL REGISTER whenever a formula is used to allocate or allot JTPA funds. This bulletin transmits the text of that publication to section 401 grantees. Action. Grantees should review the attached allocation lists to ensure that the amounts match the amount(s) on their most recent Notice of Obligation (NOO) received from the Department. Any discrepancies should be reported immediately to the appropriate Fed. Rep. Team or to the Grant Officer, Jim DeLuca. Inquiries. Contact your DINAP Federal Representative Team.

References: Title I of the Emergency Unemployment Compensation Act of 1991, Public Law (P.L.) 102-164, as amended by P.L. 102-182, P.L. 102-244, P.L. 102-318, and P.L. 103-6; the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA), as amended; 20 CFR Parts 615 and 617; GAL 12-92 and Changes; GAL 7-93; UIPL 9-92 and Changes; the Trade Act of 1974; and GAL 10-92. Revised Interpretation: Sections 102(b)(2)(A)(v)(II) and (III) of the EUC Act of 1991, as amended, define the unemployment rates and the period of time to which the rates apply that are used by the Department in the determination of whether a 7-percent period or 6.8-percent period exist. On July 26, 1993, the Department announced a revised interpretation of the requirements of Sections 102(b)(2)(A)(v)(II) and (III), EUC Act of 1991. The revised interpretation is that a "7-percent period" will be in effect when the national rate of total unemployment (seasonally adjusted) for each of the two most recent months is less than 7 percent, rather than in effect when the average of the two months' rates is less than 7 percent. Likewise, a "6.8-percent period" will be in effect when the national rate of total unemployment (seasonally adjusted) for each of the two most recent months' is less than 6.8 percent, rather than when the average of the two month's rates is less than 6.8 percent. Technical Clarification: a. Effective Date of Section 101(e). Title I of the EUC Act of 1991 has been amended several times including the amendments made by Section 101(d) of the EUC Amendments of 1992 (P.L. 102-318). Section 101(d) of the EUC Amendments of 1992 added a new sentence to paragraph (1) and a new paragraph (2) titled "Weeks of Benefits During Phase-out" to Section 101(e) of the EUC Act. The effective date of the changes to Section 101(e), which imposed requirements specific to weeks occurring during the phaseout of the EUC program, was not distinguished from other requirements contained in Section 101 of the EUC Amendments of 1992, which were made applicable to weeks beginning after June 13, 1992. The Employment and Training Administration (ETA) issued controlling guidance for the States and State agencies in the operating instructions in GAL 4-92, Change 4, for implementation of the Unemployment Compensation Amendments of 1992 (enacted July 3, 1992). In GAL 4-92 the effective date for weeks to which the requirements of Section 101(e)(2) of the EUC Act apply is shown as the date of the first week beginning after the last week during which new claims could be determined eligible under the EUC program. This manner of indicating the effective date of the provision was continued with the consolidation of the Attachments to GAL 4-92 in GAL 12-92, dated September 11, 1992, and subsequent changes to GAL 12-92, notably Change 3, which changed the March 6 date to October 2 as the end of the program for initial claims. It is this Department's interpretation that the title and language of Section 101(e), and the legislative history and congressional intent clearly indicate that the requirements of paragraph (2) of Section 101(e) (like the requirements of paragraph (1)) apply to only those weeks of unemployment occurring during the phaseout of the EUC program. The affected weeks are those beginning October 3, 1993 through January 15, 1994. For weeks of unemployment beginning before October 3, 1993, for which an EB period is in effect in a State, the provisions of Sections 101(b)(1) and 102(b)(3) of the EUC Act of 1991 continue to apply. b. Governor's Election to Trigger Off EB. Section 101(e)(1) of the EUC Act provides authority to the Governor of a State (if State law permits) to elect to trigger off an extended compensation period in order to provide benefits under the EUC program. The time permitted for this election is being changed from 10 days to "as soon as is administratively feasible." It is this Department's opinion that it is within the discretion of the Governor to delegate the authority to make the election to the head of the SESA or some other State official, if authorized by State law. Evidence of such a delegation is to be supplied to the Department as soon as possible after the delegation. Changes to Operating Instructions: The operating instructions in GAL 12-92 (including Attachments A, B, and C) and subsequent Changes are issued to the States and cooperating State agencies and constitute the controlling guidance provided by the Department of Labor in its role as the principal in the EUC program. As agents of the United States, the States and cooperating State agencies may not vary from the operating instructions in GAL 12-92 and all Changes without the prior approval of the Department of Labor. The following changes are made to Attachment A of GAL 12-92. a. On page 5 of Attachment A, subclauses (ii) and (iii) of Section I.C.3.f. are removed and new subclauses (ii) and (iii) are substituted to read as follows: (ii) The requirements of this subclause are met for any week if the national rate of total unemployment (seasonally adjusted) for each of the two most recent calendar months (not averaged) for which data are published before the close of such week is at least 6.8 percent, but is less than 7 percent, (but does not meet the requirements of the immediately following subclause). (iii) The requirements of this subclause are met for any week if the national rate of total unemployment (seasonally adjusted) for each of the two most recent calendar months (not averaged) for which data are published before the close of such week is less than 6.8 percent. b. In Section III.E.5. (page 35), delete "Within 10 calendar days" at the beginning of the first sentence and insert "As soon as is administratively feasible." After "Governor of a State" in the first paragraph, enter "(or Governor's designee)." After "Governor" at the end of the first sentence of the second paragraph, enter "(or Governor's designee)." After the second paragraph add the following new paragraph. "The Governor may delegate authority to make the election to the head of the State employment security agency or some other State official, in accordance with authority provided by State law. Evidence of such a delegation is to be supplied to the Department as soon as possible after the delegation. A new delegation of authority when a new Governor takes office is not necessary unless required by State law. Evidence of a new delegation of authority must be supplied to the Department if the person originally (or subsequently) delegated is changed." Action Required: SESA Administrators shall: a. Provide the above operating instructions to appropriate staff; b. Issue a public notice in the appropriate news media in the State rescinding any previous notice announcing the reduction in duration; c. Begin computing new EUC claims to reflect duration up to 26/20 weeks; d. Begin redetermining EUC claims effective on and after July 11, 1993, to reflect durations up to 26/20 weeks, and complete them as soon as possible after receipt of this Change 4. Any State that has individually triggered to a lower level after July 10, should exercise caution to ensure redetermination of entitlement to the correct duration in effect at the time of the new EUC claim. Reimbursement for these redeterminations will be at the usual 20 minute rate; and, e. Identify each individual who chose to file a new claim for regular benefits instead of an EUC claim, under Section 101(f) of P.L. 102-318, on a claim effective between July 11, 1993, and date of implementation of the instructions in this directive. These individuals must be notified of the correct potential monetary entitlement to which they have a right under the EUC program and given an opportunity to change the election. Such notifications must be completed immediately after receipt of this Change 4.