Background: Program letters, or the five letter series, are considered temporary directives containing instructions or information of a short-term nature which complement one of the five parts of the ES Manual. Rather than rewrite and reissue expiring program letters which still contain relevant information or instructions, the expiration date is extended. Attached is a listing of program letters with extended expiration dates for the above period.

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Background: In line with the "reinvention effort" of the Department of Labor the signature authority for UIPLs has been delegated to Mary Ann Wyrsch, Director of Unemployment Insurance Service. This change will occur October 1, 1993. Action Required: SESA Administrators should notify staff of this change.

Reference: Unemployment Insurance Program Letter No. 45-93, Profiling Unemployment Insurance (UI) Claimants. Background: The UI program is heavily dependent upon automation for all of its functions. Much of the automation of the UI program has taken place over the last two decades. As automation technology advances and is more accessible for addressing all aspects of UI operations, many States are seeking to apply this current technology in an effort to increase productivity and improve customer services. DOL believes that a central capacity for exploring and taking advantage of the latest technology in hardware and software for all States is a means by which the Federal partner may assist in addressing State resource constraints and support DOL initiatives, such as the "new profiling system" and "one-stop career centers," which will impact SESAs' current UI operations. During Fiscal Year (FY) 1994, DOL will undertake a new comprehensive profiling system which will focus on UI claimants. The objectives of this DOL initiative are to identify new UI claimants who might experience reemployment difficulties and to refer those claimants to reemployment services early in their unemployment period. As previously envisioned, the profiling initiative will include the use of a "model" for identifying the UI claimants most likely to be dislocated workers. This model will be integrated into initial claims processing using automation. In addition, automated processes are necessary to provide for the remainder of the profiling system which includes selection, referral and feedback components. Project Concept: DOL's Employment and Training Administration (ETA) plans to enter into a cooperative agreement with a State that will be selected to establish and operate an ITC. The ITC could be an organization of a SESA, a contractor-operated facility, a facility operated by a university or consortium of SESAs, or some combination of the above. Organization of the ITC could take a number of forms. The exact organizational structure will not be finalized until input from States on various alternatives is considered and evaluated. Regardless of the ITC's organizational structure, a Steering Committee, comprised of Federal and State staff, is seen as an important element. The Steering Committee would perform strategic planning and establish, implement, and monitor ITC policies and procedures. Other responsibilities would include reviewing projects at key milestone points throughout the development life cycle and providing feedback on systems design and implementation planning, as well as evaluating ITC products for technical merit, exportability and usefulness. The selected State must be able to provide for rapid procurement procedures so that the ITC can quickly respond to changing situations, either hardware or software. The ITC must also be able to attract top-quality staff, either as permanent employees, temporary employees, independent contractors and/or consultants. A flexible staffing pattern is seen as an important feature of the ITC so that necessary adjustments can be made quickly and routinely. Initially, the ITC's focus will be on supporting the development and implementation of a national profiling system. Subsequently, the ITC will emphasize development of other UI applications for final development by SESAs and technology exchange among SESAs and other interested parties. The ITC will focus on innovative solutions and efficient use of the latest technology arising from lessons learned from SESAs' experiences with past UI automation grants, other SESA automation efforts, and other State and Federal agencies and/or private industry experiences. In addition, the ITC will be involved in supporting the UI portion of the information systems envisioned for DOL's one-stop career center initiative. Short Term Goals: As previously indicated, the first project to be undertaken by the ITC will be to support SESAs in the development and implementation of profiling systems. Appropriate models will be provided to the SESAs for final modification and implementation. The ITC will provide support for product installation and use. The ITC will also provide system enhancements periodically, based on States' requirements and feedback. The national profiling system will be designed for implementation on multiple platforms. All systems developed at the ITC would have design specifications available to the States for their own development efforts. Model systems and applications produced by the ITC will recognize the diversity of State ADP environments. Long Term Goals: The ITC will implement some combination of the following functions, based upon States' requirements: a. Perform systems analysis design and development for the SESAs. Supporting DOL initiatives such as the national profiling system and the one-stop career center initiative will be an ongoing and critical task of the ITC. When developing new applications, an individual State may be the initial customer, but all systems will be developed using structured/modular components to attain maximum portability to other States. b. Establish and support a Central UI Electronic Bulletin Board System for technology exchange and information sharing with all States regarding lessons learned, "best practices" and automation projects sponsored by SESAs along with appropriate points of contact. c. Sponsor prototype projects and demonstrations relating to maximizing the use of automation and information technology for UI operations. d. Provide clearinghouse appraisal for ADP systems and software. The ITC will appraise software applications (both UI systems developed by States and commercial packages) for their use in UI operations. e. Provide technical training to States either at the ITC or by sending trainers to seminars or conferences. Training would be on the use of new technologies, specific commercial packages, or ITC developed applications. f. Maintain a Hotline support staff capable of providing technical guidance for implementing new technologies and utilizing ITC developed products. State Responsibilities: The selected State will carry out the following tasks in accordance with the terms and conditions of the cooperative agreement: a. The State will operate, administer and oversee the ITC as agreed upon with DOL. b. The State will designate a project officer to oversee administrative functions and requirements and to serve as the State's representative with DOL. c. The State will report to DOL as defined in the cooperative agreement between DOL and the State. DOL Responsibilities: a. DOL will designate a Federal Representative. b. In coordination with the State's project officer and the Steering Committee, DOL will monitor and inspect State and ITC-contractor (if any) performance and products on an on- going basis to ensure compliance with the scope of work and ascertain the level of performance. c. DOL will review and approve the ITC's project staff as specified in the cooperative agreement and any adjustments thereto. Selection of State: To initiate the project, ETA will request interested States to submit proposals for the design, development, establishment and management of an ITC. State selection will be competitive, based on criteria outlined in a directive to be issued. Proposals received timely by the National Office will be evaluated by a panel according to criteria to be established. The panel will review each proposal to determine if the proposal meets the criteria and to select the overall best proposal. Project Implementation Date: The project should begin during the second quarter of FY 1994 with the issuance of a directive soliciting proposals from States. Selection of the State and the signing of a cooperative agreement with DOL is expected by the fourth quarter of FY 1994. Project Funding: Funding for the ITC is available for FY 1994. Continuation of the cooperative agreement in subsequent years is contingent upon the availability of appropriated funds for the ITC. The ITC is expected to be included in DOL's FY 1995 budget request. The ITC would be initially approved for a 24-month period, called the pilot phase. At the end of the pilot phase, an evaluation will be conducted to determine whether to continue operations. The cooperative agreement will provide a fixed amount of reimbursement to cover costs of the project and will specify the period of performance. Action: SESA Administrators are encouraged to comment on any aspect of the ITC plan. Alternative approaches to the management of the ITC and functions to be performed by the ITC are especially welcomed. Comments should be sent by November 12, 1993, to the National Office (ATTN: Wayne Zajac, TEUMC) or FAX on 202-219-8506.

References: Title I of the Emergency Unemployment Compensation (EUC) Act of 1991, P.L. 102-164, as amended by P.L.s 102-182, 102-244, 102-318, and the Emergency Unemployment Compensation Amendments of 1993, P.L. 103-6; the Federal-State Extended Unemployment Compensation Act of 1970, as amended; 20 CFR Part 615; GAL 12-92 (57 Fed. Reg. 54106) and Changes 1-4, (58 Fed. Reg. 34484) ; UIPL 9-92 and Changes 1-5; UIPL 45-92 (57 Fed. Reg. 47871, 47873); GAL 7-93, dated March 5, 1993. Background: GAL 12-92, dated September 11, 1992, and published in the Federal Register on November 16, 1992 (52 Fed. Reg. 54106) consolidated earlier operating instructions for the EUC program based on the amendments to the EUC Act of 1991 and other provisions of P.L. 102-318. This document became the official controlling guidance for the States and the cooperating State agencies in the administration of the EUC program. In response to questions received from the States and other interested parties, the Department issued UIPL 9-92 and Changes 1- 5. These UIPLs have provided the States and cooperating State agencies with responses to various questions that have arisen regarding the administration of the EUC program. Some State agencies' questions, concerning the answer to one question in Change 5, indicate a need for clarification of the operating instructions with respect to Section 102(b)(2)(B) of P.L. 102-318. This GAL clarifies the implementation of Section 102(b)(2)(B) of P.L. 102-318, provides guidance with respect to the handling of improper payments, and revises Section III.C.2. of Attachment A to GAL 12-92 for the reasons described below. Controlling Guidance: The revised operating instructions in this GAL 12-92, Change 5, are issued to the States and cooperating State agencies and constitute the controlling guidance provided by the Department in its role as the principal in the EUC program. As agents of the United States, the States may not vary from the operating instructions in GAL 12-92 and GAL 12-92, Changes 1-4, or this Change 5 (or any subsequent or supplemental operating instructions) without the prior approval of the Department of Labor. Clarification: Section 102(b)(2)(B) of P.L. 102-318 provides that an individual with a current (subsequent) benefit year, as of July 3, 1992, that was established after the enactment of the EUC Act (November 15, 1991), may defer the receipt of regular benefits in order to receive EUC based on the prior "applicable benefit year," until rights to such EUC benefits are exhausted. This section is effective for weeks of unemployment beginning after July 3, 1992. Questions have been raised regarding when rights to benefits based on a prior benefit year are exhausted. That is, whether EUC, based upon the first (prior) benefit year, may be paid after the end of the second (subsequent) benefit year, or whether those EUC rights terminate at the end of the second benefit year. The definition of "applicable benefit year" at 20 CFR 615.2(c)(2) applies in determining the prior benefit year upon which EUC is payable. This regulation provides that the "applicable benefit year" shall be the claimant's current benefit year or most recent benefit year ending in the extended compensation period. Therefore, a claimant exercising an option under Section 102(b)(2)(B) to defer rights to regular compensation in the current (subsequent) benefit year, in order to receive EUC attributable to a prior benefit year, has rights to such EUC only during the period that the prior benefit year is the "applicable benefit year" for EUC purposes. Hence, when the claimant's rights to regular benefits based on the current benefit year are exhausted, either monetarily or by virtue of the benefit year expiring, this subsequent benefit year now becomes the claimant's "applicable benefit year" for extended compensation purposes, and all rights to benefits based on the prior "applicable benefit year" are exhausted. See also 20 CFR 615.(h)(2). This interpretation produces the identical results for an individual covered by Section 102(b)(2)(B) of P.L. 102-318 as is produced by Section 101(f) of the EUC Act. In both cases, the individual receives EUC based on the "applicable benefit year" (i.e., the most recently expired or exhausted benefit year). This interpretation is applicable to all weeks of unemployment beginning after July 3, 1992. Amendment to Operating Instructions: The revised operating instructions in this GAL 12-92, Change 5, are issued to the States and cooperating State agencies and constitute the controlling guidance provided by the Department in its role as the principal in the EUC program. As agents of the United States, the States may not vary from the operating instructions in GAL 12-92 and GAL 12-92, Changes 1-4, or this Change 5 (or any subsequent or supplemental operating instructions) without the prior approval of the Department of Labor. At the end of Section III.C.2. of Attachment A of GAL 12-92, insert the following new paragraph: "When the current benefit year (subsequent), of an individual who has exercised an option to postpone regular benefits to receive EUC, ends, the subsequent benefit year becomes the "applicable benefit year" for EUC purposes as defined in 20 CFR 615. Therefore, all rights to EUC based on the prior benefit year are exhausted. Any further EUC entitlement must be based on the most recently expired/exhausted benefit year." Guidance for Handling Improper Payments: Some claimants were paid EUC based on the "prior" benefit year after their rights to EUC based on that benefit year were exhausted. In order to correct the problem, States will have to review the payment history of each individual who exercised an option in accordance with Section 102(b)(2)(B) of P.L. 102-318 to determine if a payment was issued, on the EUC claim based on a prior benefit year, after the benefit year ending date of the subsequent claim. When it is determined that an individual has been improperly paid benefits under one program (or based on one claim) and was entitled to benefits for the same week(s) of unemployment under another program, procedures permitting the necessary payment adjustments to be made by correcting the bookkeeping charges are appropriate. In correcting these improper payments, those claimants, with no regular entitlement or those who exercise an option to postpone establishing a new benefit year pursuant to Section 101(f) of the EUC Act, are entitled to EUC based on the "subsequent" benefit year for the same weeks that were previously paid. Others with regular entitlement and who do not exercise an option to receive EUC will be entitled to regular benefits for the same weeks that were improperly paid. In making the adjustments, the week(s) claimed and associated payment(s) is transferred to the claim where the entitlement exists. If the payment for the week is the correct amount of compensation, the claimant would have received the amount to which he/she is entitled. If the payment made was less than the appropriate entitlement, an adjustment payment would be issued. However, if the payment exceeds the entitlement for the week paid, the excess amount would be a non-fraudulent overpayment and would be handled under the appropriate Federal or State law, rules or regulations with respect to the program (of entitlement) where the overpayment exist. If the payment transfer results in an EUC overpayment, the requirements of Section 105 of the EUC Act, including the waiver provisions, apply. The waiver provision of Section 102(b)(2)(A) of P.L. 102-318 does not apply in this situation as it is specific to EUC benefits to which an individual would have been entitled if the individual was not eligible for regular benefits prior to the enactment of P.L. 102-318. Effective Date: The operating guidance contained in this directive shall be implemented immediately. If procedures consistent with the guidance provided in this directive have not been previously followed, a corrective action plan must be submitted to the appropriate Regional Office no later than 30 days after the issuance of this GAL 12-92, Change 5. Action Required: SESA administrators shall: a. Provide the controlling guidance contained in this directive to appropriate staff; b. Ensure that payments to individuals who exercised an option under the provisions of Section 102(b)(2)(B) of P.L. 102-318 conform to the requirements as explained in this GAL; c. Submit a corrective action plan, if required to do so under paragraph 7 above, to the appropriate Regional Office no later than 30 days after the issuance of this directive; and, d. Where EUC payments to individuals exceeded Federal or State benefit entitlement for the weeks paid, ensure that the implementation includes the proper accounting for EUC payments and the establishment of overpayments, as appropriate.

References: The Federal-State Extended Unemployment Compensation Act of 1970 as amended by Title II of the Unemployment Compensation Amendments of 1992 (Public Law (P.L.) 102-318); UIPL 45-92 (57 Fed. Reg. 47871, 47873); 20 CFR Part 615. Background: P.L. 102-318 amended the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA) to provide an alternative trigger provision that State law may include for purposes of beginning and ending an extended benefit (EB) period. States adopting the alternative trigger must also provide for the potential payment of up to an additional seven (7) times the weekly benefit amount, in accordance with Section 202(b)(3)(A) of the FSEUCA, during a HUP as defined in Section 202(b)(3)(B) of the FSEUCA. This letter will focus on the determination and payment of benefits during a HUP. Controlling Guidance: The operating instructions in this GAL are issued to the States and cooperating State agencies and constitute the controlling guidance provided by the Department until revisions to 20 CFR 615 are published. This GAL will be published in the Federal Register. Establishment of High Extended Benefit (HEB) Account: The extended compensation monetary entitlement determined effective during an HUP is hereafter referred to as HEB. Section 202(b)(3)(A) of the FSEUCA provides that the amount to be established in an individual's HEB account is the amount, including dependents' allowances, which represents the lesser of (a) 80 percent of the total amount of regular compensation, (b) 20 times the individual's average weekly benefit amount, or (c) 46 times the individual's average weekly benefit amount, reduced, in accordance with State law, by the amount of regular benefits previously paid or deemed paid. If State law so provides, the maximum amount established in the individual's HEB/EB account is reduced by the amount of additional benefits paid or deemed paid during the individual's benefit year which did not begin in the EB period or HUP. See 20 CFR 615.7(b)(2). Determination and Payment of HEB: When a HUP triggers "on," in a State under State law provisions which are in conformity with Section 203(f) of the FSEUCA (including the requirements of Section 202(b)(3)(B) of the FSEUCA), each individual with an existing benefit year when the EB period begins has entitlement to HEB. The EB period may be in effect prior to or simultaneously with the HUP. An individual claiming a week of unemployment beginning during the benefit year, or thereafter, during the HUP, shall have their monetary entitlement determined or redetermined to the HEB amount, including dependent's allowances, that represents the lesser of: (a) 80 percent of the total amount of regular compensation, including dependent's allowances, (b) 20 times the individual's average weekly benefit amount, or (c) 46 times the individual's average weekly benefit amount, reduced, but not below zero, by the amount of regular and additional benefits (if State law so provides) and all EB previously paid or deemed paid. The eligibility period for the payment of HEB consists of only those weeks beginning during a HUP. Therefore, when the HUP ends, the account of each individual, whose monetary award was determined or redetermined to the HEB level during the HUP, shall be redetermined to the amount, including dependent's allowances, that represents the account balance minus the unpaid portion of the increased award attributable to the HEB determination. Action Required: State Administrators are requested to make a copy of this letter available to all appropriate staff.

Background: "Finding One's Way" addresses: (1) the essential elements of career guidance: (2) the potential benefits of such guidance, particularly for JTPA-eligible youth; (3) current career guidance services and how they reach JTPA youth; and (4) implications for future DOL initiatives in light of new JTPA legislation and regulations. It summarizes four exemplary youth programs and includes an extensive bibliography. The report is one of several products resulting from the ETA-funded Youth Research and Technical Assistance Program, the prime contractor for which is Brandeis University, of Waltham, MA. P/PV is the subcontractor. Action Required: Please distribute the reports to appropriate officials within the State.

References: TEINs 6-93, 12-93 and 14-93. Background: The JQSR, used for JTPA Title II-A/B/C, and the WFFR, for JTPA Title III-Formula, became effective July 1, 1993. The revised DWSPR is now used for Title III-Secretary's National Reserve funded projects, as well as for those funded under the Defense Programs and the Clean Air Act. The above referenced TEIN's provided report formats and instructions. The attached report edit checks used by ETA will assist recipients in reviewing these required reports prior to submittal of the reports to ETA and should reduce the number of errors. Action Required: State JTPA and Worker Adjustment Liaisons are requested to distribute the attached edit check listings to all officials within the State who need such information to assist them in the preparation of these required reports.

Background: "Labor Shortage Case Studies" assesses labor shortages in the U.S., based on case studies of four occupations that currently or previously experienced labor shortages: special education teachers, para-professional home care workers, electrical and electronic engineers, and tool and die makers. This evaluation report presents the findings of a study undertaken to enhance understanding of the factors that contribute to occupational-specific labor shortages. It also identifies steps that employers and government can take to reduce the probability of such shortages occurring, and if they do occur, to alleviate their effects. Action Required: Please distribute the reports to appropriate officials within the State.

Background: The Department of Defense (DOD) informed us that due to recent administrative changes instituted at the United States Air Force Military Personnel Center (AFMPC), Randolph Air Force Base, Texas, many mailing addresses have been changed. Information: The correct mailing address and telephone number for the Airman's Action Branch of AFMPC is as follows: HQ AFMPC/DPMDOA 550 C Street West Suite 20 Randolph AFB, Texas 78150-6001 (210) 652-5747 Additionally, the Air Force has changed item 12a on the DD Form 214 to reflect the date the member originally came on active duty. The purpose of this change is to clarify the start and end of a member's continuous active duty status. Item 12c will now reflect the member's total active service while in the U.S. Air Force. All service reflected in item 12d will be prior reserve/guard or a break in service. Action Required: The above information should be provided to appropriate staff.