TEN 02-25 (complete document).pdf

ETA Advisory File Text

TRAINING AND EMPLOYMENT NOTICE NO. D ATE EMPLOYMENT AND TRAINING ADMINISTRATION U.S. DEPARTMENT OF LABOR WASHINGTON D.C. 20210 TO STATE GOVERNORS STATE WORKFORCE AGENCIES STATE WORKFORCE LIAISONS STATE WORKFORCE ADMINISTRATORS STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS STATE UNEMPLOYMENT INSURANCE DIRECTORS STATE LABOR COMMISSIONERS STATE LABOR MARKET INFORMATION DIRECTORS STATE RAPID RESPONSE COORDINATORS NATIONAL ASSOCIATION OF STATE AND TERRITORIAL APPRENTICESHIP DIRECTORS AMERICAN JOB CENTER OFFICE MANAGERS ALL EMPLOYMENT AND TRAINING ADMINISTRATION GRANTEES FROM LORI FRAZIER BEARDEN Acting Assistant Secretary SUBJECT Impact of a Temporary Suspension of Federal Government Services on Department of Labor s Employment and Training Administration ETA Funded Programs and Activities 1. Pu To provide ETA grant award recipients and stakeholders with information about how a temporary suspension of Federal Government services impacts the execution of ETA- funded programs and services. 2. Ac Please review the attached Department of Labor Employment and Training Administration ETA General Questions and Answers Regarding the Impact of a Lapse in Congressional Appropriations and share with appropriate staff. 3. S a.S ummary This Training Employment Notice TEN informs the workforce system of the availability of the attached Department of Labor Employment and Training Administration ETA General Questions and Answers Regarding the Impact of a Lapse in Congressional Appropriations. b. B H.R. 1968 the Full-Year Continuing Appropriations and Extensions Act 2025 Public Law 119-4 was enacted on March 15 2025 and provided funding to ETA through September 30 2025. Prior to that H.R. 10545 the Further Continuing Appropriations Act 2025 Public Law 118-58 was enacted on December 21 2024 and continued funding to ETA at the same level under the same authority and conditions and 2 for the same projects and activities as were provided for in the Continuing Appropriations and Extensions Act 2025. The latest continuing resolution expired on September 30 2025 at 12 00 AM. Federal departments and agencies will engage in orderly lapse-in- appropriations activities and then be shut down until appropriations are enacted. Agencies will be permitted to perform only activities that have already been funded and do not require significant Federal oversight or excepted activities which may include those activities related to the orderly suspension of operations and otherwise fall into a narrow definition of allowable activities. Most ETA staff will be furloughed and unable to work during the government lapse in appropriations. 4. Questions and Answers. The attachment titled Department of Labor Employment and Training Administration ETA General Questions and Answers Regarding the Impact of a Lapse in Congressional Appropriations describes the impact of a lapse in appropriations on the execution of ETA-funded programs and services including the a. Workforce Innovation and Opportunity Act programs b. Wagner-Peyser Act Employment Service c. American Job Center operations d. Job Corps e. Competitively funded grants f. Trade Adjustment Assistance g. Foreign Labor Certification Programs h. Dislocated Worker Grants i. Registered Apprenticeship including Registered Apprenticeship grants j. DOL-sponsored online career tools and k. Unemployment Compensation programs including Disaster Unemployment Assistance. You may find common questions for the above programs and services in the attachment. 5. References. H.R. 10545 Further Continuing Appropriations Act 2025 Public Law 118-158 H.R.10545 - 118th Congress 2023-2024 American Relief Act 2025 Congress.gov Library of Congress H.R. 1968 Full-Year Continuing Appropriations and Extensions Act 2025 Public Law 119-4 H.R.1968 - 119th Congress 2025-2026 Full-Year Continuing Appropriations and Extensions Act 2025 Congress.gov Library of Congress H.R. 2882 Further Consolidated Appropriations Act 2024 Public Law 118-47 H.R.2882 - 118th Congress 2023-2024 Further Consolidated Appropriations Act 2024 Congress.gov Library of Congress H.R. 9747 Continuing Appropriations and Extensions Act 2025 Public Law 118-83 H.R.9747 - 118th Congress 2023-2024 Continuing Appropriations and Extensions Act 2025 Congress.gov Library of Congress and Unemployment Insurance Program Letter No. 03-22 Impacts of Lapses in Federal Appropriations on State Administration of Unemployment Insurance UI Programs and 3 Federal Agencies issued November 22 2021 UNEMPLOYMENT INSURANCE PROGRAM LETTER No. 03-22 U.S. Department of Labor dol.gov . 6. Attachment. I. Department of Labor Employment and Training Administration ETA General Questions and Answers Regarding the Impact of a Lapse in Congressional Appropriations. Attachment I I-1 Department of Labor Employment and Training Administration General Questions and Answers Regarding the Impact of a Lapse in Congressional Appropriations Grants and Cooperative Agreements Operating Under Obligated Funds This section does not apply to Unemployment Compensation grants which are addressed in a separate section of the document. 1 Question Under a lapse in appropriations will current Employment and Training Administration ETA Federal financial assistance grant recipients including cooperative agreement recipients be able to draw down funds Answer Grant recipients including cooperative agreement recipients will be able to draw down funds for grants for which ETA has made the funds available through the Department of Health and Human Services HHS Payment Management System PMS which is expected to be operational. Grant recipients will need to continue submitting a justification with their payment requests in HHS-PMS. Designated ETA staff will review and approve these payment requests in Defend the Spend as appropriate. If technical assistance is needed PMS will provide limited assistance and will provide updates on their website concerning services. 2 Question What happens to grants if there is a lapse in appropriations Answer For those grants to which ETA has obligated funds the grant recipients will be able to continue operating with funds already available through grant actions by ETA though there could be issues in accessing funds as detailed in this section. If there is a lapse in appropriations ETA will be unable to award new grants with exceptions for Disaster Recovery Dislocated Worker Grant DWG actions and Disaster Unemployment Assistance DUA grant actions as discussed further in Q As 30 31 and 39 and the FY 2026 advance funds from Program Year 2025 state allotments for the WIOA Title I Adult and Dislocated Worker programs see TEGL 11-24 which will be obligated to grant recipients as soon as possible after October 1. Additionally ETA will execute amendments to PY 2025 Perkins grants to provide supplemental funds as soon as possible after October 1. Other grants funded by prior appropriations acts may be awarded as necessary. There will be delays in making other funding available. Please note that grant recipients will not have access to federal project officers when developing their grant applications. 3 Question What will happen if a grantee is on a restricted drawdown as a sanction or a special award condition for a high-risk recipient and cannot get federal approval to request the drawdown of funds from the PMS Answer This question is only applicable to a handful of grants. We have identified the grants in question and will notify grant recipients they may experience delays in securing an approval for submitting a payment request to PMS. I-2 4 Question How would a government lapse in appropriations impact the Department s ability to answer day-to-day questions from grantees or resolve technical issues with reporting Answer For most ETA programs staff will not be available to answer questions provide technical assistance or to resolve any technical issues with performance data or financial report submissions. Additionally daily Departmental functions associated with the grants will cease with the few exceptions discussed in these Q As. 5 Question What impact would a government lapse in appropriations have on the Department s grant recipients Answer As a standard practice grant recipients with a few exceptions discussed in later Q As draw down funds through the HHS-PMS in the amount needed for disbursement. This practice is expected to continue during a period of lapse in appropriations. The remaining unexpended balances should be accessible and the HHS-PMS should be operational. Grant recipients will need to continue submitting a justification with their payment requests in HHS-PMS. Designated ETA staff will review and approve these payment requests in Defend the Spend as appropriate. However if the grantee expends these balances no new funding can be awarded or made available. Also in the event of problems in HHS-PMS technical assistance may be extremely limited or not available. 6 Question Will grant amendments modifications be approved Answer ETA will not be able to process most grant amendments however ETA will process Disaster Recovery DWG actions and DUA grant actions as discussed further in Q As 30 31 and 39 as well as WIOA Title I Adult and Dislocated Worker FY 2026 advance funding amendments to Program Year 2025 state allotments and supplemental funds to PY 2025 Perkins grants as discussed in Q As 2 and 7. ETA may execute other extremely limited grant actions for programs that may occur in instances of an emergency. 7 Question What would be the impact on American Job Center AJC operations if there is a lapse in appropriations Answer States and local areas can continue normal operations at AJCs within the resources already awarded as grant awards have been made for program year PY 2025 July 1 2025 June 30 2026 . Additionally ETA will issue amendments to add FY 2026 advance funds from Program Year 2025 state allotments for the WIOA Title I Adult and Dislocated Worker programs see TEGL 11-24 to grants as soon as possible after October 1. 8 Question How do grant recipients contact excepted personnel for other excepted or emergency activities including state applications for disaster DWGs Answer The phone number to contact excepted personnel at ETA is 202 693-2772. Messages will be returned. This phone number is NOT toll free. I-3 Performance and Financial Reporting for Grant Recipients This section does not apply to Unemployment Compensation grants which are addressed in a separate section of the document. 9 Question Would competitive and formula grant recipients need to report during a lapse in appropriations Answer If grant recipients have funding grant recipients will continue to be responsible for following all the terms and conditions of the grant including fiscal and performance reporting requirements. Many of ETA s Management Information Systems such as Enterprise Business Support System EBSS Grantee Performance Management System GPMS Registered Apprenticeship Partners Information Database System RAPIDS and Workforce Integrated Performance System WIPS will be available during a lapse in appropriations. However ETA will only provide limited support until the government re- opens. Grant recipients should make back-up documentation plans accordingly. Once the government re-opens grant recipients will be responsible for submitting reports for the next quarterly due date. Contracts Management 10 Question How would a lapse in appropriations impact the Department s contracts Answer The Department will likely issue stop work orders to certain contractors depending on various considerations. The servicing Contracting Officer will let the affected contractors know at the appropriate time if they will need to stop work. Contractors who do not receive stop work orders should continue performance of their contracts. Many Contracting Officers and Contracting Officer s Representatives will not be available during a lapse in appropriations. As a result there may be a delay or inability to process contractor invoices and it is anticipated that payments will not be made until after the government re-opens. This is true even if a contract has sufficient funding to allow performance. Please note that there will be some excepted federal staff supporting exempt program contracts see the Q As 11-17 relating to Job Corps . Job Corps 11 Question Will Job Corps centers have enough funds to operate if the government was to have a lapse in appropriations Answer Job Corps center operators will continue operations in the short term utilizing available funding. However the ability to sustain operations depends on the duration of the lapse. ETA is actively monitoring the funding situation and will issue additional information as needed. Essential services including student meals healthcare and security will remain a priority. Center operators should remain in close communication with their Regional Directors for updates and further instructions. I-4 12 Question What if an incremental obligation is due during a lapse in appropriations Answer ETA will assess funding needs on a case-by-case basis and take action as necessary to ensure the health and safety of students and staff. However no new obligations can be made unless funds are available. Centers should report urgent financial concerns to their Regional Directors. 13 Question Whom should I contact if there is an emergency at my Job Corps center Answer The Job Corps Regional Director in each region will be working and will serve as the primary point of contact for all center issues in their region. Centers should submit emergency requests through their designated Regional Director. 14 Question What if we experience a facility emergency Answer National Office facilities personnel will be available on an emergency basis. The Job Corps Regional Directors will coordinate emergency requests with the Division Chief for Facilities and Asset Management in the National Office as needed. 15 Question What should centers do during this shutdown period Answer Job Corps centers should continue to focus on three critical areas in executing the program s mission 1 safety of students and staff 2 program accountability and 3 student achievement. It is imperative that centers continue to keep students as the number one priority by providing a safe learning and living environment and helping students achieve their career goals. Operators should increase their accountability activities to monitor center and staff compliance with the Job Corps policies procedures and requirements. 16 Question Will new student enrollments be affected during a lapse in appropriations Answer Job Corps centers should continue to support current students but new enrollments may be paused if the lapse in appropriations extends beyond a short-term period. Centers should contact Regional Directors for guidance as needed. 17 Question Will the Office of Job Corps continue to conduct scheduled compliance assessments and monitoring trips Answer During a lapse in appropriations only a small number of Federal staff will be available to oversee Job Corps operations. These staff members will not conduct routine compliance assessments or monitoring visits but will travel only in cases of safety or security emergencies. Regional Directors as part of this limited team will conduct desk audit activities where possible to help maintain oversight despite travel restrictions. I-5 Grant Competitions 18 Question Will potential applicants be able to submit applications through Grants.gov for Funding Opportunity Announcements FOA Answer Grants.gov is used to publicize grant solicitations and receive applications. HHS which operates Grants.gov anticipates that the Grants.gov system will remain in operational status but with reduced federal support staff presence during a lapse in appropriations. In addition HHS anticipates that the Grants.gov Contact Center will remain available and provide assistance to callers. All application due dates will remain as published. All applications must be submitted by the date and time specified in the Funding Opportunity Announcement. 19 Question Will potential applicants be able to get answers to questions related to the open Funding Opportunity Announcements Answer Under a lapse in appropriations grants specialists and the program and grants policy staff that would normally provide assistance will not be available. Staff will answer questions after they return to work but applicants should adhere to currently posted deadlines regardless of when staff can respond to questions. Trade Adjustment Assistance TAA 20 Question What venues will be available for the public to submit petitions for TAA benefits and services Answer On July 1 2022 the TAA Program began a phased termination. As a result the ETA cannot conduct investigations on any petitions unless and until the TAA Program is restored and reauthorized. During a lapse in appropriation TAA petitions may continue to be submitted using paper petitions via the U.S. Postal Service by fax to 202 693-3584 or 202 693-3585 or email at taa.petition dol.gov. During a lapse in appropriation no support will be available for submitted petitions. 21 Question What venues will be available for workers whose petitions have been denied to file requests for reconsideration Answer Due to the phased termination of the TAA Program which began on July 1 2022 Applications for Reconsideration are no longer being accepted. 22 Question What public communication resources such as the OTAA Toll Free Hotline 1-888-DOL-OTAA or 1-888-365-6822 will be available to trade-affected workers and the public to answer questions about filing for TAA benefits and services Answer Operator Assistance for the Trade hotline will not be available during a lapse in appropriations. However any inquiries or messages related to TAA that require technical assistance may be left on the Trade hotline voicemail and will be responded to in the order I-6 received once the government re-opens. Callers seeking immediate or urgent assistance should contact the closest American Job Center to obtain information about benefits and services under the Trade program. No federal staff will be available to provide technical assistance answer questions or provide referral information during a lapse in appropriations. 23 Question Will states be able to access available TAA training funds from the Reserve Account Answer States will not be able to receive Reserve funds for TAA training during a lapse in appropriations because federal staff will not be available to review requests authorize funds or answer any questions about funding. Once awarded funds run out additional funding for administration of the program or to provide benefits or services to workers will not be available until a continuing resolution or an annual appropriation is enacted. 24 Question How will ETA determine the date new petitions are received when staff is not available to accept new petitions during a lapse in appropriations and what issues will result from that delay Answer Effective May 14 2025 the online portal was fully decommissioned. Account holders and stakeholders are redirected to Petitioners U.S. Department of Labor to submit petitions via fax at 202-693-3584 202-693-3585 or by email at taa.petition dol.gov For paper-based petitions ETA will use the U.S. Postal Service postmarked date as the date of receipt for a petition filed via mail. Likewise the date stamped on any fax or email transmittal will serve as date of receipt for a petition filed via fax or email. 25 Question Will states be able to pay Trade Readjustment Allowance TRA Alternative Trade Adjustment Assistance ATAA and Reemployment Trade Adjustment Assistance RTAA Answer Yes. States may pay TRA ATAA RTAA benefits for the current fiscal year FY 2025 . However states cannot use FY 25 funds to pay for FY 2026 benefits. No new funding will be available to states until a continuing resolution or annual appropriation is enacted. 26 Question Which TAA funds are available Answer States may use FY 2024 and FY 2025 Training and Other Activities funds that remain available. Once funds run out additional funding for administration of the program or funds to provide benefits and services to workers will not be available until a continuing resolution or an annual appropriation is enacted. Foreign Labor Certification 27 Question How will a lapse in appropriations affect the number of days it takes to process applications for foreign labor certification programs I-7 Answer In the event of a lapse in appropriations processing in the foreign labor certification programs will be suspended and therefore timelines extended which may cause delays in decisions in applications in those programs. A prolonged lapse of funding will exacerbate processing delays of ETA s Office of Foreign Labor Certification activities especially temporary labor certification requests under the H-2A and H-2B Visa programs. Dislocated Worker Grants 28 Question ETA typically makes decisions on DWG applications within 45 calendar days of receiving a complete and fundable DWG application. If there is a lapse in appropriations will the clock continue ticking during this time Answer If a lapse in appropriations occurs ETA will not take any action on pending DWG applications and modifications during this time except for Disaster Recovery DWG requests see Q A 31 . ETA will resume reviewing DWG applications and modification requests when government operations resume with timelines extended to account for the number of days the government has a lapse in appropriations. In the event of a lengthy lapse in appropriations ETA will be unable to meet this timeline. 29 Question Will Disaster Recovery DWG applications be accepted during a government lapse in appropriations Answer If a lapse in appropriations occurs ETA will monitor Grants.gov to determine if any new Disaster Recovery DWG applications are submitted because of any Federal Emergency Management Agency FEMA state or other federal agency disaster declarations during the lapse in appropriations period. ETA will continue to analyze make decisions and as appropriate award only new Disaster Recovery DWG applications and new Disaster-related incremental funding requests during this time although turnaround times could be prolonged because of federal staffing restrictions. Registered Apprenticeship 30 Question What would be the impact of a lapse in appropriations on Registered Apprenticeship activities Answer ETA s Office of Apprenticeship OA is the Registration Agency in 27 states and territories. Federal staff are directly responsible for the registration of new programs and oversight of new and existing programs and apprentices in these states. Generally program sponsors in these states would experience delays in registration of new programs and new apprentices and verification of their status as registered apprenticeship programs during this period in which federal staff are unavailable to complete these registrations or verify an employer s status as a bona fide registered apprenticeship program. Such delays may impact some employers ability to hire new apprentices and or to bid on new projects that require proof of registered apprenticeship program status. Federal staff would not be able to issue Davis-Bacon certifications necessary to verify that an apprentice is registered with OA and I-8 therefore can be paid less than the prevailing wage. Without such certifications employers could be found to be in violation of wage and hour laws and regulations. Apprenticeship Program Reviews for compliance and other core program elements would also be on hold during this period. Apprentices who complete an apprenticeship during the period of a lapse in appropriations would experience delays in receipt of the certificates of completion of apprenticeship which could affect their wages. In many licensed trades to sit for the licensing examination the apprentice must present proof of a DOL Certificate of Completion. Without this certificate apprentice graduates who are unable to complete the licensure examinations would then experience delays in receiving wage increases associated with being a licensed professional in their skilled trade. For Registered Apprenticeship grant programs cooperative agreements and contracts the impacts of a lapse in appropriation on these activities is explained earlier in this document. Online Career Tools 31 Question Will the DOL ETA Toll-Free Helpline be available during a lapse in appropriations Answer No. The ETA Toll-Free Helpline at 1-877-US-2JOBS that provides information to job seekers and others to identify state and local employment unemployment training and related programs and services will not operate during a lapse in appropriations. 32 Question Will individuals be able to access online career tools and will workforce professionals be able to access the technical assistance website WorkforceGPS Answer Online career tools such as www.CareerOneStop.org www.MyNextMove.org www.OnetOnline.org will continue to operate. The WorkforceGPS technical assistance website will continue to be accessible during a lapse in appropriations. However the content will not be refreshed no information will be added or updated and no live webinars will occur during a lapse in appropriations. Unemployment Compensation ETA published Unemployment Insurance Program Letter UIPL No. 03-22 on November 22 2021 describing the impact of lapses in federal appropriations on state administration of UI programs and federal agencies. This guidance remains in effect. As noted below state agencies are responsible for processing UC applications and paying benefits and will continue doing so for existing and new claimants as long as allocated administrative funds remain available. States will be able to withdraw benefit funds from appropriate accounts to pay eligible claimants. Claims processing for Unemployment Compensation for Federal Employees UCFE and Unemployment Compensation for Ex- Servicemembers UCX could be delayed. I-9 33 Question Will administrative funds be available for regular UC UCFE UCX Extended Benefits EB and TAA TRA ATAA and RTAA Answer Administration of all these programs is funded through a grant. These benefits would continue to be paid as long as allocated administrative funds remain available. All funds allocated to states before a lapse in appropriations may be used during the lapse in appropriations in accordance with the grant agreement. However once those funds run out additional funding for administration of these programs will not be available until a continuing resolution or an annual appropriation is enacted. 34 Are Federal employees who are furloughed as a result of the lapse in appropriations eligible for UCFE or UCX benefits What about excepted or exempted employees who continue to work during the period of the lapse in appropriations but who are not receiving pay Answer ETA issued guidance addressing these questions in UIPL No. 03-22 on November 22 2021. The Department has a longstanding legal interpretation providing that unemployment must include a reduction in work hours and not merely a reduction in earnings. Federal employees who are furloughed from work during a lapse in appropriations are considered unemployed and may be eligible for unemployment compensation UC including UCFE while they are on furlough. Excepted federal employees working full-time during a federal government shutdown are not unemployed for UC purposes and are thus ineligible to receive UC. However intermittent excepted workers who work only part-time may be eligible for UC for the period for which they are not working. 35 Question Will there be anyone available in federal agencies to get information on wage credits and reasons for separation for federal employees who file for unemployment benefits Answer The answer to this question is currently unknown some federal agencies may have staff working during a lapse in appropriations to respond but processing may be delayed. If a federal agency does not respond to a Form 931 Request for Wage and Separation Information within the allotted time within 12 days of the request date the state agency will follow normal operating procedures which use an affidavit process to determine both monetary and non-monetary eligibility. For UCFE claims states will complete a Form 935 Claimant s Affidavit of Federal Civilian Service Wages and Reason for Separation and ask the federal employee to provide credible evidence of federal employment such as a SF- 50 earnings and leave statements or a W-2. One copy of the Form 935 will be forwarded to the federal agency and one copy will be retained by the state as supporting documentation. If an affidavit is used to file the claim and the Federal agency later returns wage and or separation information that does not match the affidavit the state will determine if benefits were paid improperly. This may result in an overpayment and where appropriate a fraud determination. I-10 For UCX claims states will send a Type 1 to the Federal Claims Control Center and if there is no record of the DD 214 on file at the Federal Claims Control Center and there is no response from the military branch the state will take an affidavit based on the claimant s member copy of the DD 214. If an affidavit is used to file the claim and the military branch returns the DD 214 and the information returned does not match the affidavit the state will determine if benefits were paid improperly. This may result in an overpayment and where appropriate a fraud determination. 36 Question Should states advise applicants who were furloughed that any UCFE paid will be required to be repaid once they receive back pay Answer ETA issued guidance addressing these questions in UIPL No. 03-22 on November 22 2021. Public Law 116-1 which was enacted on January 16 2019 requires payment of back pay to all employees of the United States Government and public employees of the District of Columbia who are furloughed as a result of a covered lapse in appropriations. The back pay must cover the period of the lapse in appropriations. Therefore all furloughed Federal workers and District of Columbia public employees will be paid once the furlough ends. States are encouraged to advise these applicants that they may be required to repay all UCFE received and if state law allows wage garnishment as a means of recovery applicants should be advised also that their wages may be garnished to repay the UCFE received. 37 Question Will funding for Disaster Unemployment Insurance DUA be available Answer Yes. Excepted staff at DOL will be made available to process DUA funding authorizations from FEMA and FEMA will have excepted personnel available to process disaster requests. 38 Question Should states continue to submit Unemployment Insurance UI required reports Answer Yes. States will continue to submit UI required reports just as they did before the lapse in appropriations using the same process software and deadlines. Please be aware there will be no technical or operational support available. 39 Question Will states be able to obtain Title XII advances from the Federal Unemployment Account FUA in the Unemployment Trust Fund UTF Answer Yes. On October 1 2025 DOL estimates that the FUA account will have sufficient resources to support the remaining amount of advances for which states have been authorized to cover October 2025. DOL also estimates that funding remaining available in the FUA on November 1 2025 will be sufficient to cover the amount of advances for which states have been authorized to cover November 2025. These funds are available even if an annual appropriation or a continuing resolution is not enacted. I-11 40 Question Will states be able to receive new and or supplemental Title XII advances or submit repayment requests to the Department Answer Yes. States will be able to submit and the Department will review and approve as appropriate state requests for new or supplemental Title XII advances. States will also be able to submit repayments for existing advances. The Loan and Repayment Application System LARAS will remain available for states to use to submit these applications. However there will be no technical system support and new user accounts will not be established until a continuing resolution or an annual appropriation is enacted. If states are unable to use LARAS they may submit their application via email to ETA-UI- Inquiries dol.gov or postal mail and are encouraged to notify ETA s Office of Unemployment Insurance at 202 693-3029 of the state s submission. 41 Question Will there be any restrictions on state transfers to their accounts in the UTF Answer There will be no restrictions on state transfers to the UTF. 42 Question Will the weekly UC claims report be published Answer No. Federal staff will not be available to publish the weekly claims report. 43 Question If Total Unemployment Rate TUR trigger data is not available during the lapse in appropriations and after resumption of operations TUR trigger data show that a state s EB status would have changed absent the lapse in appropriations will states be required to retroactively change a claimant s entitlement status for the affected weeks and either pay additional amounts or attempt to collect benefits paid that wouldn t have been paid absent the lapse in appropriations Answer No. If there is a lapse in appropriation and no additional TURs are published then states EB status would continue to be based on the latest published TUR until a new TUR trigger is published. As soon as new TURs are published state s EB status would be re- determined prospectively only. 44 Question Will the Extended Benefits EB trigger notices be published and if not what information will be used to determine entitlement status for claimants Answer No federal staff will not be available to publish the EB trigger notice during the lapse in appropriations. States will continue to report Insured Unemployment Rate IUR triggers on the ETA-539 report. If the lapse in appropriations is more than one week in duration entitlement status determined by the IUR indicator will be determined by new trigger notices issued retroactively after the enactment of an appropriation. 45 Question If funds are needed or problems with funding are encountered will Federal staff be available to perform the necessary operations and to answer questions I-12 Answer Yes a limited number of excepted Federal staff at DOL and the Department of Treasury will be available to provide assistance and perform necessary functions within the UTF. 46 Question Will states be able to access Reed Act Funds Answer States will have full access to Reed Act Funds in their accounts in the UTF and any other funds they received and have not drawn down such as remaining funding from EUISAA emergency administrative funds. 47 Question Will there be any impact on the crossmatch with the Social Security Administration SSA Answer No impact is expected. SSA has advised ETA that the crossmatch will be operational for states use as under normal conditions. 48 Question Will there be any impact on states participating in the Department s identity verification services with Login.gov and the US Postal Service USPS Answer ETA is currently providing transaction costs for states to participate in online ID verification through Login.gov and or in-person ID verification services through USPS. States that are participating at the time of a lapse in appropriations will continue to have access to such services. 49 Question Will there be any impact on the National Directory of New Hires NDNH Operation Answer HHS which administers the NDNH database has advised ETA that the NDNH system will be operational. However there will be minimal or no technical support should any issues arise. 50 Question Will the Systematic Alien Verification for Entitlement SAVE system be operational Answer The United States Citizenship and Immigration Services USCIS has indicated that SAVE should be operational during the lapse in appropriations although with limited staff available for technical assistance. 51 Question Will states be able to access the Payment Management System PMS Answer Yes see Q A 1. Limited staff will be available for technical assistance and will not be able to add funds to a state s account. Additional funds can only be made available after enactment of an appropriation. 52 Question How do states contact excepted personnel in ETA s Office of Unemployment Insurance I-13 Answer The phone number to contact excepted personnel at ETA s Office of Unemployment Insurance is 202 693-3029. Messages will be returned. This phone number is NOT toll free. Rulemaking 53 Question What impact if any would this have on any pending rulemaking deadlines Answer ETA will not work on or publish any rules during a lapse in appropriation. Depending on the length of a lapse in appropriation regulatory actions and anticipated deadlines could be delayed. If there are any proposed rules or other Federal Register Notices posted at the time of the lapse in appropriations please check the Federal Register or Regulations.gov.