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References: JTPA Amendments of 1992, P.L. 102-367; JTPA Interim Final Regulations published on December 29, 1992; Training and Employment Guidance Letter (TEGL) No. 6-89: TEGL No. 7-92; and The Family Support Act of 1988, P.L. 100-485 and 45 CFR Parts 250, 251 and 255. Background: The Departments of Labor and Health and Human Services continue to work closely together to enhance coordination between JTPA and JOBS. In April 1990, the Department of Labor issued TEGL No. 6-89, which provided a description of the major provisions in the JOBS regulations which impacted upon the JTPA program. With the passage of the JTPA Amendments and the publication of the JTPA Interim Final Regulations, DHHS, with concurrence from the Department, has issued the attached JOBS Program Information Memorandum (JOBS-ACF-IM-93-11), dated June 22, 1993. This information memo provides guidance to the JOBS system regarding the impact of the Amendments on administering various JOBS provisions in areas such as coordination, client flow, program activities, youth programs, and maintenance of effort. Action: JTPA Liaisons should transmit this information to all service delivery areas and other interested parties.

Background: This year's Native American Heritage Month activities will be many and varied throughout the national offices in Washington, D.C. The Department's heritage committee has selected a theme that focuses on contemporary Native Americans. Specific to Section 401 grantees, the intent is to share with Department staff and others the many positive and effective employment and training activities/models that exist throughout Indian Country. Additionally, the committee has invited several grantees and organizations to participate in the two-day exhibition from throughout the Section 401 community. The Department appreciates the sponsorship provided by each participating grantee and organization in this year's partnership exhibition: Navajo Nation, California Indian Manpower Consortium, Baltimore Indian Center, Native American and Indian Employment and Training Coalition, National Indian and Native American Employment and Training Conference, Native American Advisory Council, and Public Law 02-477 representatives. Action required: 1. Logo Contest The committee is seeking logo submissions that highlight the theme of "Contemporary Native Americans, A Celebration of Partnership." Grantees should submit no more than two entries to the Department, where the winning entry will be selected by a panel composed of interested individuals. All submissions must be received by November 17 and will become the property of the Department. (See attached contest rules.) 2. Photos and/or Video Display The committee is also seeking 8 X 11 photos and/or videos showing participants being trained or in a work situation resulting from program participation. Photos and/or videos must be submitted by October 30, 1995. All photos and/or videos will be displayed/played throughout the month of November and identified by grantee program. Submit photos and/or videos to Ms. Dawn Bush, U.S. Department of Labor, ETA/N-4641, 200 Constitution Avenue, N.W., Washington, D.C. 20210 (Note: photos and/or videos cannot be returned and become the property of the Department.) QUESTIONS: Contact Ms. Dawn Bush for additional information on (202) 219-5511.

Reference: TEIN 7-88. Information: The attached checklists are issued to notify the JTPA and ES systems of those TEINs and TEGLs that have been rescinded or canceled during the last program year. There are also checklists of all TEINS and TEGLS remaining active.

Reference: ET Handbook No. 394, Unemployment Insurance Financial Data 1938-1982. Background: The attached tables contain selected unemployment insurance financial information for calendar years 1990 (revised) and 1991. These tables are a supplement and therefore comparable to those tables contained in the referenced handbook and described in its glossary. Selected data on the Federal-State extended benefits program and on employers on a reimbursable basis are shown separately. Data on reserve funds are also included. All employment and wage data used in these tables were furnished by State Employment Security Agencies (SESAs) and include estimates for some States. Note that columns 02-22 are for taxable employment only; columns 34-43 are for reimbursable employment only; and columns 44-52 contain Federal-State extended benefits information. Action Required: SESAs are requested to review the attached tables and report any corrections to the National Office by October 29, 1993 (Attention: Sheila Woodard, TEURA).

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References: Titles I and II of the Emergency Unemployment Compensation Act (EUC 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 the Emergency Unemployment Compensation Amendments of 1993, P.L. 103-6; the Federal-State Extended Unemployment Compensation (FSEUCA) Act of 1970, as amended by P.L. 102-318; GAL 10-92; GAL 12-92 and Changes 1-4 (57 Fed. Reg. 54106, 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; 20 CFR Part 615; ET Handbook 392; ET Handbook 399. Background: P.L. 102-318 and P.L. 103-6 amended several sections of the EUC Act of 1991 and the FSEUCA. However, this letter will focus on the provisions that are effective with respect to weeks beginning after October 2, 1993. Section 2(b) of P.L. 103-6 amended Sections 102(f) and 106(a) of the EUC Act of 1991 to end the EUC program, with respect to new EUC claims, after October 2, 1993. The EUC program will be phased out between October 3, 1993 and January 15, 1994. (The phase-out period.) The phase-out period covers claimants who established their EUC claim effective prior to October 3, 1993. The amendments to Section 101(e) of the EUC Act of 1991 terminate the Governor's option to elect to trigger off an extended benefit (EB) period (with respect to any EB period beginning after October 2, 1993) and provides, instead, that individuals eligible under both the EB and EUC programs shall be paid for weeks of unemployment beginning after October 2, 1993, under the program where the greater entitlement exists. This requirement necessitates special handling of such claims to determine the appropriate program for payment. Controlling Guidance: The interpretations in these EUC operating instructions are issued to the States and cooperating State agencies as guidance provided by the Department of Labor in its role as the principal in the EUC program and supplement GAL 12-92 and Changes 1-2 (57 Fed. Reg. 54106) and GAL 7-93 (dated March 5, 1993). As agents of the United States, the States and cooperating State agencies may not vary from the operating instructions in this document (or subsequent or supplemental operating instructions) without the prior approval of the Department of Labor. Eligibility During Phaseout of EUC Program: The EUC program is scheduled to phase-out after October 2, 1993, and no EUC will be paid on any new claim to establish an EUC account effective after that date. Individuals who established an EUC claim effective before October 2, 1993, will continue to be eligible for any week thereafter if otherwise eligible for EUC. However, under no circumstances will any payments of EUC be made for any week beginning after January 15, 1994. Payment of the Greater of EB or EUC Entitlement: Section 101(d)(2) of P.L. 102-318 amended the EUC Act by adding a new subsection 101(e)(2) to provide that an individual with EB entitlement, whether or not the individual applies therefor, in a State in an EB period after October 2, 1993, and who has a EUC account balance shall receive, for weeks of unemployment beginning after October 2, 1993, payments under the program, either EUC or EB, under which the individual's monetary entitlement is the greater. This provision requires that EUC shall be paid only to an individual whose potential EUC benefits are greater than the EB entitlement (maximum benefit amount), as of the beginning of the first week beginning in the EB eligibility period for such individual, whether a claim for EB has been filed or not. The intent of this provision is to provide the individual with the greater level of extended compensation available for weeks of unemployment beginning during the individual's EB eligibility period. Therefore, to determine the "greater" benefit level available to the claimant, the State agency must determine the maximum monetary amount of EUC or EB benefits that is potentially payable to the individual. This means that if the end of the EUC program (January 15, 1994), the end of the individual's benefit year, or rights to regular benefits, will prevent the individual from receiving the level of benefits determined under the provisions of Section 102(b) of the EUC Act or State law provisions in conformity with Section 202(b), FSEUCA, the State agency must make a one-time determination specific to the individual's situation based on the actual potential maximum benefit amount that could be payable if all other eligibility requirements are met. No redetermination of the "greater" level of benefits available is made as benefits subsequently paid under the required program reduce the benefit balance. When a State is in an EB period and the potential EB and EUC entitlements are equal, the State shall pay EB. To determine the program under which the claimant is to be paid, the State must examine each individual's specific situation as follows: A. Claimant Receiving EUC Based on a Prior Benefit Year Under Section 101(f) of the EUC Act Effective for Weeks Beginning After July 3, 1992. A claimant who is receiving EUC based on a prior benefit year, having postponed establishing a new benefit year for regular benefits, is not an "exhaustee" for EB purposes. Additionally, the claimant does not have an "applicable benefit year" for EB purposes, as the benefit year upon which the EUC is based ended prior to the beginning of the EB period. Therefore, no determination of "greater" entitlement is appropriate. Such an individual, who is not eligible for EB, will remain potentially eligible for EUC under the provisions of Section 101(f) of the EUC Act. B. Claimant Receiving EUC Based on a Current Benefit Year. A claimant who is receiving EUC based on a current benefit year is an "exhaustee" for EB purposes. Therefore, the State must determine the claimant's EB entitlement in accordance with State law provisions which conform to Section 202(b), FSEUCA, and shall pay either EUC or EB for weeks of unemployment beginning after October 2, 1993, whichever the monetary entitlement is the greater, as explained above. When the current benefit year upon which the EUC or EB is based ends, the State agency must further review the claimant's specific situation as follows: (1) When "Greater" Entitlement is under the EUC Act. When a claimant's "greater" entitlement is under the EUC program, and the current benefit year ends and the claimant has rights to establish a new benefit year for regular benefits, Section 101(f) of the EUC Act applies and the claimant has an option to continue to receive EUC, on the existing EUC claim, or file for regular benefits; (2) When "Greater" Entitlement is under the FSEUCA. When the claimant's "greater" entitlement is under the EB program, and the current benefit year ends and the claimant has rights to regular benefits, the claimant ceases to be an "exhaustee" for EB purposes and has no further rights to EB. Such an individual has no option to postpone establishing a new benefit year for regular compensation under the provisions of Section 101(f) of the EUC Act, as the requirements of Section 101(e) which deny EUC to individuals with greater EB entitlement, effectively terminates all rights to EUC based on the prior benefit year. Therefore, such an individual has rights to establish a new benefit year for regular benefits only. Administrative Funding: When an EB period triggers "on" in a State between October 3, 1993 and January 15, 1994, the State agency will receive additional administrative funds to determine that an EUC claimant's "greater" entitlement exists under the EUC program as of the beginning of the first week beginning in the EB eligibility period for such individual or as of the beginning of the first week beginning in the high extended benefits eligibility period for such individual, as appropriate, through the contingency funding process. Staffyears earned will be computed by using a minutes per unit (MPU) value of no more than 20 minutes. States have the option to use a lesser value MPU if they deem appropriate. This information shall be included on line 13 of the regular UI-3 worksheet, Section B. Staffyears used for this activity should be included on line 1, Section A. Funding for this assessment when the "greater" entitlement is under the EB program is covered by the regular EB initial claims MPU. Funding for the denial of further EUC benefits, when the "greater" entitlement is under the EB program, is covered by the allocated non-monetary determination MPU. Action Required: State Administrators are requested to make a copy of this letter available to all appropriate staff.

Background: Sections (4)(37) and 203(b) of the amended JTPA, and Item 11 of the Standardized Program Information Reporting System (SPIR), have defined Title II program participation as beginning with objective assessment. At the same time, with program targeting beginning in PY 1993, larger numbers of hard-to-serve individuals are expected to be served by the program. Such individuals may begin the assessment process, but never receive training or other services. Training and Employment Information Notice 37-92, dated June 28, 1993, provided clarification regarding the way in which performance against required standards is to be measured as provided for in Section 628.530 of the JTPA regulations published December 29, 1992. Specifically, Title II-A adult and adult welfare terminees, and Title II-C youth terminees, who received only objective assessment (no training or job search assistance) would be excluded from performance calculations. All Title III (EDWAA) terminees who received retraining or basic readjustment services would be included in performance calculations. Since procedures for performance standards adjustments in light of these exclusions were not specifically enumerated in the aforementioned Information Notice, the Department is transmitting additional clarification in this area. Exclusions from Performance Standards Adjustments: States commonly arrive at adjusted performance levels using USDOL "Worksheets." To complete the worksheet, SDA/SSG "factor values" or percentages are entered. These factor values are based upon numbers of terminees. (States which do not use the Department's optional adjustment methodology would still be faced with using percentages of terminee characteristics.) Since "terminees" include former participants who received only objective assessment, the question arises as to whether or not States should consider these particular terminees when arriving at the appropriate percentages for the applicable local factors. However, since terminees who received only objective assessment or supportive services are not to be considered in performance calculations, these terminees are also not to be considered with respect to local factor values. Without this proviso, performance standards would be lowered for areas providing objective assessment to hard-to-serve individuals who are subsequently referred to other services/programs because it had been determined that the services offered by JTPA would not be appropriate in light of the individuals' severe circumstances. This is clearly not the intention of the Department. Therefore, in identifying percentages of terminee characteristics to be used as "factor values" for performance standards adjustments, the universe should consist solely of the terminee group to be included in calculating actual performance (i.e., terminees who have received training, job search assistance, or basic readjustment services). State Action: States are to distribute this Information Notice to all relevant officials within the State responsible for implementing performance management policies and requirements for Program Year 1993.

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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