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References: Public Law (P.L.) 104-92; Subchapter I of Chapter 85 of Title 5 U.S.C.; 20 CFR Part 609; and ET Handbook No. 391. Background: General. During the recent partial shutdown of the Federal Government from December 15, 1995 to January 6, 1996, several SESAs issued UCFE payments to furloughed Federal employees for weeks of unemployment occurring during this period. P.L. 104-92 provided, in part, that all officers and employees of the affected Federal agencies were deemed to be performing services during the partial shutdown period and were issued retroactive salary payments for the period of their furlough. This should result in the establishment of overpayments by the SESAs which issued UCFE payments to furloughed employees for weeks of unemployment during the partial shutdown for which these Federal employees subsequently received retroactive salary payments. The SESA has the responsibility for determining if a UCFE program overpayment has occurred and commencing recovery actions on UCFE overpayments. Federal law at 5 U.S.C. 8502(b) provides that UCFE will be paid by the State to a Federal employee in the same amount, on the same terms, and subject to the same conditions as is provided to individuals covered under the applicable State's unemployment compensation (UC) law. For UCFE purposes, the applicable State is the State to which the individual's Federal wages were assigned under 5 U.S.C. 8504 (or 20 CFR 609.8). Further, the UCFE program regulations at 20 CFR 609.11 provide, in part, that the establishment and recovery of UCFE overpayments are made under provisions of the applicable State's UC law, including if the State law requires the employer, rather than the claimant, to reimburse the State for the overpayment. The UCFE program operating procedures for the establishment and recovery of overpayments are contained in Chapter XXI of ET Handbook No. 391 (see Change No. 1, dated May 1985). The regulations at 20 CFR 609.11(c) also provide that SESAs may take all actions provided under any State or Federal law to recover any outstanding UCFE overpayment amount. Effect of UCFE payments to furloughed employees on the Benefits Quality Control (BQC) sample: Once a SESA issues a UCFE payment, there is a potential that the payment may be selected for the BQC sample. Payments made to furloughed Federal employees are thus valid parts of the BQC sample and consistent with BQC policy, should be pursued by BQC regardless of any subsequent actions such as the payment being returned by the claimant or an overpayment being established. If sampled, SESA BQC units should treat these UCFE payments as normal BQC cases, and the SESA BQC units should evaluate them based on all applicable eligibility criteria. State BQC units should take into consideration that in these unique cases, SESAs have made payments based on all the facts that existed at the time the payment was issued. Therefore, a legislative change that occurred after the payment was issued should not in and of itself, affect the propriety of the case for BQC purposes. In other words, receipt of compensation for the period of the Federal furlough should not by itself constitute an improper payment for BQC coding. Information Provided Federal Agencies: The Department has notified Federal agencies that the SESAs will likely establish overpayments on the claims of furloughed Federal employees who received UCFE payments for weeks of unemployment during the December 15, 1995 through January 6, 1996 partial Federal Government shutdown. Federal agencies were asked to provide retroactive salary information to the SESAs that made UCFE payments to furloughed Federal employees and to cooperate with the SESAs in their overpayment establishment and recovery activities. Action Required: SESAs are requested to: Share the contents of this directive with all appropriate staff, including the BQC Supervisor; Review SESA UCFE payment records to determine if payments were made to furloughed Federal employees for weeks beginning between December 15, 1995, and January 6, 1996; Determine whether UCFE payment(s) made to furloughed Federal employees for weeks beginning during the above period constitute an overpayment under State law; If such payments do constitute an overpayment under State law, obtain from the current employing Federal agency of each furloughed employee who was paid UCFE during this period-- The amount of the retroactive salary payment made to the furloughed employee, and The weeks to which the retroactive salary payment applies; Establish UCFE overpayments in accordance with the provisions of State UC law; Initiate all overpayment recovery actions permitted under the UCFE program, including, if contained in the State's law, provisions requiring the employer, rather than the claimant to reimburse the State for the overpayment; and Fully cooperate with the Federal agencies in any UCFE overpayment determination and recovery activities.

Background: The MLS program is a Federal/State cooperative program which uses a standardized, automated approach to identifying, describing, and tracking the effects of major job cutbacks using data from each State's unemployment insurance database. The MLS program is authorized by Section 462(e) of the Job Training Partnership Act (JTPA) (P.L. 97-300), as amended by P.L. 102-367, which directs the Secretary of Labor to "develop and maintain statistical data relating to permanent lay-offs and plant closings." The Bureau of Labor Statistics (BLS) was directly funded to administer an MLS program from FY 1984 through FY 1991. Funding for the program was dropped from the BLS budget in FY 1992, but was provided by the Employment and Training Administration (ETA) from JTPA Title IV funds. The MLS program was eliminated in November 1992 primarily for lack of funding. Language in Congressional Appropriations Reports on the Department of Labor's budget request for FY 1994 called for ETA to provide BLS with funding from JTPA Title III discretionary accounts to continue the MLS program. ETA and BLS entered into an Intra-Agency Agreement (IAA) under which ETA transferred $6,000,000 to BLS to administer an MLS program. One of the provisions of that agreement called for BLS and ETA to establish a Federal/State workgroup to examine the utility of the MLS program to the Dislocated Worker program. The workgroup has finished its work and issued its Final Report (attached). The recommendations in the report have implications for actions at the state level. Findings of the Workgroup: The objective of the workgroup was to determine (1) whether the MLS program is, or can become, responsive to the information needs of the Dislocated Worker program, and (2) if changes are needed, what those changes are and what they would cost. In this regard, the workgroup defined four broad information needs for the Dislocated Worker program: Information which could be used to provide Early Warning of possible plant closings and mass layoffs that would require services from State or local Dislocated Worker program providers; Information which could serve as a means to identify the overall Dislocated Worker Population in need of EDWAA-funded services; Information which could be used as inputs to improve the Planning and Funding Allocation processes at the State level; and Information which could be used to facilitate Program Evaluation and Policy Analysis at both the State and National levels. The value of the information provided through the MLS program was determined by assessing how well it met, or could be made to meet (through reasonable changes), these information needs. In general, the workgroup concluded that the MLS program, as currently constituted and with no change, did not provide information that was of significant value to the Dislocated Worker program. However, the workgroup also concluded that, if certain key changes were made in the MLS program, the resulting information would be of value and could be used, at least at the State level, to meet or partially meet three of the four principal information needs of the Dislocated Worker program. Recommendations of the Workgroup: To enable the necessary changes to be made in the MLS program, the workgroup made the following recommendations: Take the actions necessary to make the definitions in the MLS program consistent with Dislocated Worker program definitions and to expand the population identified by the MLS to include the bulk of those persons eligible to participate in the Dislocated Worker program. Add occupational data for claimants identified through the MLS program. Provide training for State and local users of the MLS system, not just the system operators. Add a series of questions to the Employer Contact Survey to gauge customer satisfaction with services provided by State and local Dislocated Worker units. Require, as part of the BLS cooperative agreement with States regarding MLS, that State LMI/Research offices contact State Dislocated Worker offices to jointly determine what services can and will be provided to Dislocated Worker units using the resources provided under such agreement; concurrently, ETA should issue an instruction to State Dislocated Worker programs asking them to work cooperatively with the LMI/Research offices in this regard. Commit to continued funding for the revised MLS program for two to three years in order to implement the changes and evaluate their impact on the utility of the resulting data. Continue the MLS workgroup, or a similar body, to plan and oversee implementation of the required changes to the MLS program. Resolve the issue of the degree of flexibility allowed States (by BLS) in carrying out the MLS program. Determine the feasibility of using alternative means, in some instances, for the manner in which follow-up contacts with employers are conducted to reduce the cost of conducting the follow-up survey. While a final decision has not been made to accept all of the recommmendations of the Workgroup, several have been accepted and are already being implemented. Of primary interest is recommendation (e) above, which BLS has incorporated in its FY 1996 Cooperative Agreements with the States to carry out the MLS program. This recommendation grew out of a recognition by the Workgroup that there was a "clear need for a strong link between State Dislocated Worker program and LMI offices..." Moreover, the funding provided by BLS to LMI offices to carry out the MLS program, which comes entirely from Title III, primarily buys staff. The Workgroup believed that some portion of that staffing should be used to support the information needs of the dislocated worker program. In implementing this recommendation, BLS has called for a written agreement between the LMI and the Dislocated Worker offices as a deliverable under its Cooperative Agreement with each State. This agreement is intended to set out how MLS resources will be used and the support services that will be provided. It might also address the restrictions (under State or Federal law) that would be placed on the use of MLS Data by staff in State and local dislocated worker offices. Action Required: Ensure that the Dislocated Worker Unit (DWU) works with the State LMI/Research office to identify its information needs and to determine the services that the LMI/Research Office will provide to the DWU unit; and Share a copy of the attached report with appropriate staff.

References: Training and Employment Information Notice (TEIN) No. 49-93, Capacity Building Strategy Paper; TEIN No. 11-94, Consultation with our Customers: A Process to Build a Comprehensive Capacity Building Structure; TEIN No. 15-94, Status of Job Training Partnership Act (JTPA) Program Year 1994 Capacity Building Pilot Projects; TEIN No. 11-94, Change 2, System-Wide Survey on Staff Capacity Building and Technical Assistance Needs. Background: The Employment and Training Administration (ETA) supports a variety of technical assistance and training initiatives. These activities include staff training, curricula development, technological innovations, and other capacity building endeavors. ETA has recently published the attached document, titled ETA: Inventory of Technical Assistance and Training Initiatives, which is a comprehensive resource guide of all the major initiatives. Improving the skills, knowledge, and abilities of managerial and front-line staff of the nation's many disparate employment and training service delivery agencies has long been a priority of ETA. As public programs have become more aware of the importance of continuous improvement and customer satisfaction that are part of the "quality movement" now popular in the private sector, the need for more concerted and coordinated efforts in the area of staff development has become more acute. All of ETA's major programs have made plans to provide staff training and technical assistance to their local agencies. The purpose of this document is to transmit information about all of these programs to customers throughout the nation*s workforce development system. Description: The ETA: Inventory of Technical Assistance and Training Initiatives was originally developed to assist ETA officials in identifying common areas of capacity-building activity, opportunities for working together, and appropriate contacts within ETA from whom to obtain more specific information and/or establish cooperative relationships. It has since been determined, however, that this resource is appropriate to a wider employment and training audience as a tool to inform the system about the various national capacity- building efforts and where to go at the national level for more information about these activities. The ETA: Inventory of Technical Assistance and Training Initiatives documents the systemic and professional development capacity- building projects currently underway throughout ETA*s various employment and training units. These programs include: Employment Service Revitalization, One-Stop Career Center Systems, JTPA Titles II and III, the Office of Work-Based Learning, School-to-Work Initiatives, America*s Labor Market Information System (ALMIS), Older Workers, and Migrant/Seasonal Farm Workers. The capacity- building activities of the Veterans* Employment and Training Service and the National Occupational Information Coordinating Committee are also included. This information was gathered through interviews with principle national office managers of each of these programs. A summary matrix at the front of the document provides a brief overview of all of these initiatives. This matrix is organized into the following categories: Information/Data Collection Training Delivery Methods Training System Development Training Programs Best Practices Standards/Evaluation System Coordination/Development The body of the document includes the overall purpose/approach of each of these initiatives and the following information about each capacity-building activity: Key Activity Target Audience Specific Products Delivery Method The appendices include contact information for each initiative and a list of acronyms. Distribution: Copies of ETA: Inventory of Technical Assistance and Training Initiatives will also be distributed to: ETA Regional Offices, State Training Institutes, State Training Coordinators, and other stakeholders. A copy of this publication is also available via the Training Technology Resource Center (TTRC) on-line information system. TTRC is accessible by calling 1-800-488-0901 (voice); via modem by dialing 1-800-767-0806; or via the Internet: WEB URL: HTTP://WWW.TTRC.DOLETA.GOV. Action Required: None.

References: Training and Employment Information Notices (TEINs) Nos. 2-93, 25- 93, 49-93 and 15-94. Background: The D-ROM version of the Assessment/ISS TAG is one in a series of upcoming multimedia training modules designed to enhance wide- spread knowledge of the contents of the TAGs developed in 1993 and 1994 to help employment and training program administrators and practitioners achieve full implementation of the Job Training Partnership Act (JTPA) Amendments of 1992. However, with the current emphasis on one-stop career systems, and the rapid changes local program operators will face in light of proposed new legislation, future training modules will focus on programs and initiatives beyond JTPA. The first module covered the JTPA Title II Eligibility Documentation TAG which was distributed in the summer of 1995. Follow-up data indicated that users of the Eligibility Documentation CD were pleased with this training medium. Other training modules will include: Case Management; Targeting, Outreach and Recruitment; and two others to be determined. As training modules are completed, they will be announced and later distributed via TEINs to the system. The training modules are being developed through a cooperative agreement with the State of Missouri; the Missouri Training Institute (MTI); and the Utah Office of Economic Development for Job Training, along with various staff experts from the Federal, State, and Service Delivery and Substate Areas. The multimedia modules will allow training to be standardized and available at individual workstations at every level of the employment and training system. Earlier this year, the CD-ROM was demonstrated and well received by employment and training staff in the system. The CD-ROM will be showcased at the National Association of Workforce Development Professionals Conference in San Antonio, TX in May, and at the Joint Employment and Training Technology Conference (JETT*CON) in Washington, D.C. in July. Training Module Format: The training module will be developed in two versions: Multimedia, interactive CD-ROM: Working from a CD-ROM drive, the user will have the capability to interact with the training package from beginning to end. The CD is equipped with audio sounds and videos that are directly related to the contents of the TAG. Using the mouse or via the keyboard, users will be able to advance through the training module and receive immediate feedback from built-in exercises (learning objectives) at their own pace. It is estimated that the CD-ROM version can be completed in 2.5 - 3.0 uninterrupted hours. Should such a block of time be unavailable, its design is such that a user can learn in shorter segments. Text-Based Training Module: Some States and SDAs may not have the capability or workstations to install the CD-ROM version of the training module. To ensure that all staff have the opportunity to receive this training, a text-based version of the Assessment/ISS TAG is being developed as well. The text-based version does not require use of a CD-ROM drive. Staff will still have the ability to receive self-paced training at their workstation. System Requirements: As with the distribution of the first interactive computer-based training module in compact disc format, certain minimum requirements are needed to run the training module properly. Below are specifications for minimum and optimum requirements to install and run the Assessment/ISS training module. MINIMUM REQUIREMENTS: Hardware: Configuration is an IBM or compatible 386 processor, 12 megabytes of memory, SoundBlaster compatible sound card, a high resolution color monitor (XVGA or SVGA) capable of displaying thousands of colors, and a double speed CD-ROM drive. Software: Movie drivers (Video for Windows drivers will be included on the Assessment CD); Necessary fonts (will be included on the Assessment CD); Microsoft Windows 3.1; and SoundBlaster compatible sound card driver. OPTIMUM: Hardware: IBM PS/2 or compatible Intel-based microcomputer capable of running Microsoft Windows 3.1. Preferable configuration is a 486-DX (at least 66MHz) or Pentium processor, 16 megabytes of memory, SoundBlaster compatible sound card, a high resolution color monitor (XVGA or SVGA) capable of displaying thousands of colors and a quadruple speed CD-ROM drive. Software: Same as the minimum requirements. Distribution: Copies of the CD-ROM version of the Assessment/ISS training module are being provided under separate cover to all State Liaisons for distribution to: SDAs (3 copies each); State Worker Adjustment Liaison (1 copy); One-Stop Career Center System Lead (1 copy); State Employment Security Agency Administrator (1 copy); and State JTPA agency (balance of copies). Copies will also be sent to ETA Regional Offices, Public Interest Groups and Community-Based Organizations. Members of the Professional Development and Training Panel will also receive one copy each. The text-based version of the TAG will be completed in the near future, and a TEIN will be sent prior to system-wide distribution. Technical Assistance: Instructions for installing and running the Assessment/ISS training module are included in each CD-ROM mailer. However, with new technology there are often associated problems. Requests for technical assistance and additional CDs should be referred to the Missouri Training Institute at 573-882-2860.

Reference. DINAP Bulletin No. 95-16. Background. All programs administered by the Office of Special Targeted Programs are participating in an electronic communication effort through the use of Sprintmail. To be online significantly benefits grantees by enabling them to communicate with DINAP staff via E-Mail and Sprintmail as well as allowing the program access to all applicable DINAP Bulletins, regulations and other valuable information. It is critical for the remaining grantee community to get online. In an effort to assist those grantees still not online, DINAP provides technical assistance and support to resolve problems preventing them from becoming active online users. To date, 64 DINAP grantees have installed the Sprintmail software that was mailed to all grantees and now have the capability to communicate electronically with each other and DINAP. The following provides a status on the grantees who have joined the online partners by multi-regional areas: Area Region No. Of Grantees Grantees On-Line Percent On-Line EAST I-V 59 16 27% MIDWEST VI-VIII 70 31 44% WEST IX & X 60 18 29% TOTALS 189 65 34% Technical Support Information. The enclosed directory provides an updated list with each grantee's Sprintmail user name and Internet address. A "Yes" in the Online column on the far right side of the directory signifies grantees who have installed their Sprintmail software and are active online users. Action Required. We strongly encourage you to seek assistance and get online. If you are online, you are encouraged to communicate with other grantees online and with your Federal Representative Team. Please review the directory and inform DINAP of any information changes or updates required. Questions. If you need technical assistance with software installation or have questions about making telephone connections, please contact DINAP's technical support technician, Earl McLetchie on (202) 219-5504. All other questions should be directed to Thomas Dowd on (202) 219-8502.

References: The Trade Act of 1974, as amended; Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182), 20 CFR Part 617; GAL 6-94; and GAL 7-94.

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References: UIPL 41-95 (August 24, 1995), "Draft Narrative Describing the System for Enhancing Unemployment Insurance (UI) Performance: The `UI Performs' System." Background: Beginning in 1993, a team of senior State Employment Security Agency (SESA) managers and Unemployment Insurance Service (UIS) staff known as the Performance Enhancement Workgroup (PEWG) developed the outlines of a comprehensive new closed-loop system for helping ensure continuous improvement in UI operational performance. This new system, called UI Performs, is described in UIPL 41-95, issued August 21, 1995, which solicited comments from SESAs. The UI Performs design is now being refined in the light of responses to UIPL 41-95; the system will be phased in over 3-4 years as the various components are completed. When complete and fully operational, UI Performs will comprise a renewed affirmation of long-standing principles for Federal-State cooperation; a redesigned process for operational planning and the execution of improvement activities; various mechanisms to ensure that performance in key areas at least exceeds certain minimum levels; and the redesign of many performance measurements plus the regular validation of key performance measures. The measures were selected to enable the UI system's success to be judged by how well it serves its ultimate customers--claimants and employers. Most of the data used to construct existing and new UI Performs measures are already in State databases; UI Performs should not appreciably increase measurement effort overall. The measurement redesign aspect embraces the results of three initiatives which predated UI Performs: Revenue Quality Control, which developed new measures for tax performance to replace those previously gathered under the Quality Appraisal (QA) system; the Performance Measurement Review (PMR) project, which updated QA benefit payment timeliness and quality measures; and data validation. The team designing UI Performs also proposed substantial changes in the Benefits Quality Control (BQC) system for measuring benefit payment accuracy, including the assessment of the accuracy of decisions to deny eligibility. This issuance deals with proposed modifications to the BQC program, intended to make it the benefits accuracy measure appropriate for UI Performs. The proposal was developed in part to help fulfill the Department's commitment to the Vice President's National Performance Review (NPR) to "reexamine the present mix of systems for improving the performance of the unemployment insurance program...[with] a substantial focus on the BQC program." (The NPR issue paper is Appendix I of the attached paper). The Proposal: The attached proposal was developed after a thorough review of BQC in the PEWG process. In the context of the NPR mandate, this set of changes represents how BQC's resources can "best be divided between measurement, analysis and direct support for program improvement" in the context of the larger UI Performs system. The following changes are proposed for BQC: Reductions in required sample sizes; Greater flexibility in how States verify claims data; A review of the existing BQC data record with the object of reducing its size; Elimination of the requirement that States release payment accuracy (overpayment and underpayment rates) in a public forum; More elaborate breakdowns of accuracy data when the Department reports them to help users more readily see the effect of different State laws and policies on overpayment and underpayment rates; The eventual measurement of the accuracy of decisions to deny, as well as to pay, claims; and Resources freed up by the reductions in measurement effort made available to pursue the goals of UI Performs overall, with an emphasis on continuous improvement. Next Steps and Timetable: Once the proposed changes are in final form, the Department will implement them incrementally as quickly as possible. Because of clearances, additional developmental work, and pilot testing, full implementation will take a few years. However, a number of key changes will be made in this calendar year. Elimination of State Release June 1996 Sample Size Reductions Summer 1996 Verification Flexibility Summer 1996 Denials Accuracy (Pilot Begins) October 1996 "Building Block" Data Breakdown January 1997 DCI Review/Changes January 1997 Denials Accuracy (Nationwide Start) October 1999 Action Required: SESA administrators are requested to share these materials with affected staff and comment as appropriate. Please send comments to Burman Skrable, Office of Quality Control, 200 Constitution Avenue, NW, Room S-4015, Washington, DC 20210, Att: TEUQ, with cc to appropriate Regional Office staff. Comments should be sent 45 days from the date of this UIPL.