Action Required: State agencies are requested to inform their Regional Office of changes to the attached directory.

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.

Background: Attached is a copy of the current Directory of State Employment Security Agency Officials. This Directory will be updated periodically by issuing page changes as current information is received. Action Required: State agencies are requested to immediately inform their Regional Office of changes to the attached Directory.

Reference: 20 CFR 653.108 (e), 20 CFR 658.602 (c) and 20 CFR 658.603 (f)(12). Background: The National Monitor Advocate Training Conference is held annually in conjunction with other migrant and seasonal farmworker (MSFW) national activities. Training is provided specifically on the Monitor Advocate program and corresponding regulations, allowing opportunity for the National, Regional, and State Monitor Advocates to jointly participate in the discussion and resolution of operational concerns of the Employment Service (ES) Monitor Advocate Program. The 1993 training is scheduled for February 23-26, 1993. This year's Training Conference will be held in conjunction with the Midwest Association of Farmworker Organizations' (MAFO) national conference entitled "Future Partnerships Evolving from Common Ground." Participants in this conference will include JTPA 402 grantees, other MSFW service providers, and Monitor Advocates. Also, the participation of the Monitor Advocates has been expanded from previous years. Aside from the training, the Monitor Advocate Program will also facilitate events on the MAFO conference agenda. First is a plenary session through which an overview of the Monitor Advocate Program will be presented, the second will be a workshop on the topic of the ES Complaint System. Both will be facilitated in full by Regional and State Monitor Advocates. Annual Monitor Advocate Training: Aside from the technical assistance training, a major objective of the Monitor Advocates is the development of a paper which could more clearly define the role of advocacy in the Monitor Advocate Program. Upon completion, this paper will be presented to the National Office for review and comment. Mr. David Webb, Region IX's Monitor Advocate has taken the lead on developing this paper. In order to make a contribution to the preparation of this paper, we request that Regional and State Monitor Advocates respond to the following questions: 1) State Monitor Advocate's definition of advocacy; 2) What is the State Monitor Advocate doing in terms of advocacy; 3) What some of the issues are that should be addressed in terms of advocacy; 4) Who else within your State advocates on behalf of MSFWs and what are they doing; 5) According to Migrant and Seasonal Farmworkers within your State, what should the State Monitor Advocates be advocating. The State Monitor Advocates are requested to submit their responses to these issues to the following address: Mr. David L. Webb ETA Region IX Monitor Advocate P.O. Box 193767 San Francisco, California 94119-3767 Participation: It is important that all State Monitor Advocates participate in the conference. Accommodations: The conference will be held at the Kona Kai Resort, 1551 Shelter Island Drive, San Diego, California 92106. Participants should contact the hotel directly at (800) 325-2218 or (619) 221-1191 to ensure the availability of the pre-arranged room rate of $65 plus tax per day for single or double room. The conference will begin at 8:30 a.m., February 23, 1993 and end at noon on February 26, 1993. Conference registration fee is $125.00; please send directly to MAFO, P.O. Box 06129, Milwaukee, Wisconsin 53204. Early registration is highly recommended. Action Required: SESA Administrators are requested to encourage attendance of State Monitor Advocates. State and local Agricultural Program Specialists and Outreach Staff are also encouraged to attend.

Background: Instruction for reporting data for the EUC program is listed in GAL No. 12-92, Attachment C. At the time of the issuance, all EUC data except that reported on the ETA 539 and ETA 2112 were to be reported on separate paper forms and mailed to the National Office. EUC data for the ETA 539 and ETA 2112 were to be put in the comments section of the regular electronically transmitted reports. Separate Electronic Reports: Separate input screens for the electronic reporting system have now been developed for the ETA 207, ETA 218, ETA 227, ETA 5130, ETA 5159, and ETA 2112. These screens should be available to States for electronic entry on, or about, February 16, 1993. State UI Network System Administrators will be informed a few days prior to the download. Reporting instructions remain the same. Only the method of reporting is changed from paper copy to electronic. The EUC data associated with the ETA 2112 will now be reported electronically on a separate screen. The ETA 539 will continue to have associated EUC data reported in the comments section of the regular electronically transmitted report. OMB Approval: These reporting requirements are approved under OMB approval number 1205-0317, expiring December 31, 1993. Action Required: SESA Administrators should inform appropriate personnel of this change in method of reporting and begin electronic reporting with the first reports due after the download of screen programs on or about February 16, 1993.

Background: Attached are updated pages 3, 4, 6, and 8 of the Directory of State Employment Security Agency Officials. This Directory will be updated periodically by issuing page changes are current information is received. Action Required: State agencies are requested to immediately inform their Regional Offices of changes to the subject Directory.

References: Titles I and II of the Emergency Unemployment Compensation Act (EUC Act) of 1991 (Public Law 102-164), as amended by P.L. 102-182, P.L. 102-244 and P.L. 102-318; the FSEUCA of 1970, as amended by P.L. 102-318; Section 231(a)(4) of the Trade Act of 1974; GAL 10-92; GAL 12-92 (57 Fed. Reg. 54106); UIPL 9-92 and Changes 1-5; UIPL 45-92 (57 Fed. Reg. 47871, 47873); 20 CFR Part 615; ET Handbook 392; ET Handbook 399. Background: Public Law 102-318 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 March 6, 1993. The suspension of the eligibility and requalification requirements of Section 202(a)(3) and (4) of FSEUCA that apply to claims for EUC effective with respect to weeks beginning after March 6, 1993, requires the determination and payment of EUC differently during the remaining period of the program. The suspension of the eligibility and requalification requirements of Section 202(a)(3) of FSEUCA also applies to claims for TRA in the same manner as the suspension affecting EUC claims. The effect of the suspension of these requirements on the eligibility of previously disqualified EUC and TRA claimants makes it necessary for the State agency to provide affected claimants with an additional claimant notification of potential eligibility. Controlling Guidance: The provisions of P.L. 102-318, as interpreted in these EUC and TRA operating instructions are issued to the States and cooperating State agencies as guidance provide by the Department of Labor in its role as the principal in the EUC and TRA programs and supplements GAL 12-92 (57 Fed. Reg. 54106). 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. Suspension of the Suitable Work and Systematic Work Search Provisions of Section 202(a)(3) of FSEUCA: Section 202(a)(7) of FSEUCA suspends the requirements of Sections 202(a)(3) of the FSEUCA, as amended, and prohibits the application of State law provisions in conformity with such provision to weeks beginning after March 6, 1993 and before January 1, 1995. Section 231(a)(4) of the Trade Act of 1974 applies the provisions of Section 202(a)(3) of the FSEUCA to TRA claimants for each week of unemployment that the claimant is not enrolled in a training program approved under Section 236(a) of the Trade Act of 1974. Therefore, for weeks of unemployment during the period of the suspension of such requirements, State law provisions applicable to claims for regular benefits will apply to claims for EUC and TRA. The suspension of this requirement is effective for weeks of unemployment beginning after March 6, 1993 for claims filed under the EUC Act of 1991, as amended, the Trade Act of 1974 and the requirements of the FSEUCA, as amended, without regard to whether or not the State law in conformity with the provision has been amended to implement the requirements of Section 202(a)(7) of FSEUCA. To implement the suspension of the requirements of Section 202(a)(3), FSEUCA, State agencies must identify each affected EUC and TRA claimant with an existing disqualification, under provisions of State law in conformity with the provisions of Section 202(a)(3), FSEUCA, and Section 231(a)(4) of the Trade Act of 1974, and EUC claimants in continued claim status, and notify each such claimant of the change in eligibility requirements for weeks of unemployment beginning after March 6, 1993. During the period of the suspension of the requirements of Sections 202(a)(3) FSEUCA, the requirements of paragraph (2) of Section 202(a), FSEUCA, which reads as follows will apply: Except where inconsistent with the provisions of this title, the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof shall apply to claims for extended compensation and to the payment thereof. Therefore, under the requirements of Section 202(a)(2), FSEUCA, States are required to apply the provisions of State law applicable to claims for regular compensation to claims for EUC and TRA in lieu of the State law requirements in conformity with Section 202(a)(3), FSEUCA. Hence, the continuing eligibility requirements pertaining to work search, suitable work, ability to work, availability for work and ES registration that apply to claims for regular compensation, apply to claims for EUC and TRA for weeks of unemployment beginning after March 6, 1993 and before January 1, 1995. A. Existing EUC Disqualifications. The suspension of the requirements of Section 202(a)(3), FSEUCA, means that all outstanding EUC and TRA disqualifications under State laws in conformity with such provisions do not apply to weeks of unemployment beginning after March 6, 1993. Therefore, all claimants disqualified under such State law provisions may have EUC or TRA eligibility for weeks of unemployment beginning after March 6, 1993 if they meet the requirements of State law provisions applicable to regular compensation and other requirements of the EUC Act or the Trade Act of 1974, as applicable. (1) Existing Work Search Disqualification. In the cases of individuals with disqualifications for failure to satisfy the systematic and sustained work search requirement, these denials do not apply to weeks beginning after March 6, 1993. The removal of the EUC or TRA denial and determination that the claimant is eligible under the State law applicable to claims for regular compensation does not constitute a countable nonmonetary determination. B. Existing Disqualifications for Failure to Accept a Referral to or an Offer of Suitable Work. In the cases of individuals with disqualifications for failure to accept a referral to or an offer of suitable work, these denials do not apply to weeks beginning after March 6, 1993. These cases will have to be reviewed to determine if the application of provisions of State law applicable to claims for regular compensation results in an eligible or ineligible determination. If the review results in a determination that no issue exist under State law, such decision does not constitute a countable nonmonetary determination. If the review of the case results in a disqualifying determination under State law, it is a countable nonmonetary determination. C. ES Registration and Work Search Requirements. The suspension of the requirements of Sections 203(a)(3), FSEUCA, eliminates the Job Prospects Classification and ES registration requirements for EUC and TRA claimants. Therefore, for weeks of unemployment beginning after March 6, 1993 the work search, ES registration and suitable work requirements for TRA and EUC claimants will be in accordance with the State law provisions applicable to claimants for regular benefits. Suspension of the Subsequent Work Requalification Requirement of Section 202(a)(4), FSEUCA: Section 202(a)(7) of FSEUCA suspends the requirements of Section 202(a)(4) of the FSEUCA, as amended, and prohibits the application of State laws in conformity with such provisions to weeks of unemployment beginning between March 6, 1993 and January 1, 1995. Therefore, for weeks of unemployment during the period of the suspension of such requirements, the requalification requirements of State law applicable to claims for regular benefits will apply to claims for EUC. The suspension of Section 202(a)(4) of FSEUCA has no affect on TRA claimants as it does not apply to such claims. To implement the suspension of the requirements of this provision, States must identify affected claimants with existing disqualifications and notify the claimants of the change in eligibility requirements for weeks of unemployment beginning after March 6, 1993. If a claimant who was previously disqualified under provisions of State law in conformity with Section 202(a)(4), FSEUCA, initiates a claim for EUC for a week beginning after March 6, 1993, the State must review the facts of the disqualifying issue under the State law applicable to claims for regular benefits. If no claim is filed after March 6, 1993, no review is necessary or appropriate. If the review results in a determination that no issue exists under State law, such decision does not constitute a countable nonmonetary determination. If the review results in a disqualification under State law provisions applicable to claims for regular benefits, such determination is a countable nonmonetary determination. A. EUC Disqualifications Based on Prior Termination of Regular Benefit Disqualifications Without a Subsequent Work Requirement. If a provision of State law applicable to claims for regular benefits terminates a disqualification for voluntarily leaving employment, being discharged for misconduct, or refusing suitable employment without a requirement for employment/earnings subsequent to the date of the disqualifying act or determination, such provision of State law applies to claims for EUC for weeks of unemployment beginning after March 6, 1993 and before January 1, 1995. Therefore, if a claimant has been denied EUC due to a prior regular benefit disqualification that was not required to be terminated by subsequent work, the eligibility of such claimant must be redetermined for weeks beginning after March 6, 1993. If the claimant has satisfied the State law requirements for requalification for regular benefits, the claimant will be eligible for EUC, as appropriate, for weeks beginning after March 6, 1993 if all other eligibility requirements are met. The determination that a claimant has satisfied the applicable requalifying requirements and is eligible for EUC does not constitute a nonmonetary determination. If the review results in a disqualification under State law applicable to claims for regular benefits, the determination is a countable nonmonetary determination. B. EUC Disqualifications for a Separation or Job Refusal that Occurred During the EUC Claim. In a case where a review of the facts of the issue under the applicable State law results in no disqualification or a lesser requalification requirement, the State must determine if the requirement has already been satisfied. When the review results in the removal of the disqualification or the lesser requalification requirement has already been satisfied, the removal of the disqualification does not constitute a countable nonmonetary determination. When the lesser requalification has not been satisfied, a redetermination under the appropriate State law will be issued and does constitute a countable nonmonetary determination. In cases where the review of the facts under State law applicable to the issue results in a greater requalification requirement, a redetermination will be issued under the appropriate State law and does constitute a nonmonetary determination. C. Existing EUC Disqualifications Satisfied Prior to a Claim for a Week Beginning After March 6. Without regard to the date of the determination that the requalification requirements of a prior disqualification has been met, in cases where there is an existing disqualification and the claimant has met the requalification requirements prior to claiming a week of unemployment beginning after March 6, no readjudication of the issue under State law applicable to regular claims will occur. The claimant will be eligible for EUC, as appropriate, if all applicable eligibility requirements are met. Suggested Language for Claimant Notice: Our records indicate that you were denied Emergency Unemployment Compensation (EUC) or Trade Readjustment Allowance (TRA) under provisions of (State) law, that are applicable to the payment of extended benefits as required by the Emergency Unemployment Compensation Act of 1991 or the Trade Act of 1974. Effective for weeks of unemployment beginning after March 6, 1993, amendments to Federal law require that (State) suspend the application of the State law provisions that apply to claims for extended benefits; and instead, determine eligibility under the same provisions of State law that are applied to claims under the regular State unemployment benefits program. The EUC or TRA disqualifications affected by this law change were issued for: -- Failure to conduct a sustained and systematic work search, -- Refusal of a suitable job or referral to suitable work, -- Disqualifying separations from employment for voluntary leaving a job or discharges. If you are still unemployed, you may be eligible to receive EUC for weeks beginning after March 6, 1993. To allow us to reassess your eligibility for EUC or TRA benefits, report to the office where you filed your claim. Note: If your case involves a disqualifying separation from employment or a refusal of suitable work or a referral to suitable work while receiving EUC, the application of the State law provisions for regular State unemployment benefits may be more severe than the State law provisions for extended benefits. Administrative Funding: State agencies will receive additional administrative funds to notify and reassess the eligibility of individuals whose prior disqualifications are affected by the suspension of the requirements of Sections 202(a)(3) and (4), FSEUCA. Staffyears earned for reassessing the eligibility of those claimants who reopen EUC or TRA claims as a result of the notice but who receive no new nonmonetary determination will be computed by using an MPU value of no more than 20 minutes. States have the option to use a lesser value MPU if they deem it appropriate. This information should 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. Staffyears will not be separately reported for the identification and notification process. If a reportable nonmonetary determination under State law applicable to regular claims results from the reassessment, no additional staff-year earnings (using the 20 minute MPU) are to be reported on the UI-3. Action Required: State Administrators are requested to make a copy of this letter available to all appropriate staff.

References: Title I of the Emergency Unemployment Compensation 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 (H.R. 920); the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA) as amended; 20 CFR Part 615; GAL 12-92 and GAL 12-92, Change 1; GAL 7-93; UIPL 9-92 and Changes; the Trade Act of 1974 (19 U.S.C. 2271 et seq.); 20 CFR Part 617; and GAL 10-92. Background: Title I of the Emergency Unemployment Compensation Act of 1991 created the Emergency Unemployment Compensation (EUC) program. The EUC Act of 1991 has been amended several times including the amendments made by Section 2 of the Emergency Unemployment Compensation Amendments of 1993 (P.L. 103-6), which are applicable to weeks beginning after March 6, 1993. Effective upon enactment (March 4, 1993), Section 4 of P.L. 103-6 provides for establishing a program to profile new claimants under each State law for regular compensation (which includes compensation payable pursuant to 5 U.S.C. Chapter 85) to determine which claimants may be likely to exhaust regular compensation and may need reemployment assistance. Separate guidance will be issued at a later date to inform States and SESAs of the requirements and specifications of that program. The Employment and Training Administration (ETA) issued controlling guidance for the States and State agencies in the operating instructions in GAL 4-92, and 4 Changes thereto, for implementation and administration of the EUC program. These were all published in the Federal Register. Because of the number of changes due to the amendments, particularly the Unemployment Compensation Amendments of 1992 (P.L. 102-318 enacted July 3, 1992), and because of needed editorial corrections, the ETA issued a consolidation of the Attachments to GAL 4-92 in GAL 12-92, dated September 11, 1992. The compilation of the 5 separate documents in GAL 12-92 became the controlling guidance for the States and cooperating State agencies in the administration of the EUC program. GAL 12-92 was published in the Federal Register on November 16, 1992 at 57 FR 54106. GAL 12-92, Change 1, was issued on February 16, 1993, which provided operating instructions to the States and State agencies relative to the reports required under Attachment C to GAL 12-92, and that effective on or about February 16, 1993, the reports were to be submitted electronically rather than through the use of manually submitted forms. Appropriate changes to Attachment C, based on Change 1, are reflected in this Change 2. Under the amendments made by Section 2 of P.L. 103-6 to Title I of the EUC Act of 1991, the phase-out date of the EUC program is changed to October 2, 1993 and the termination date is changed to January 15, 1994. In addition, Section 2(c) of P.L. 103-6 amended Section 101(e)(1) of the EUC Act of 1991 to provide that the Governor's election (if State law permits) to trigger "off" an extended compensation period in order to provide payment of EUC is not applicable with respect to any extended compensation period beginning after October 2, 1993 (this was previously March 6, 1993). Section 5 of P.L. 103-6 provides the financing provisions to carry out the amendments made by Section 2. The operating instructions in GAL 12-92, GAL 12-92, Change 1, and this Change 2 (including Attachments A, B, and C) are issued to the States and cooperating State agencies and constitute the controlling guidance provided by the Department of Labor in its role as the principal in the EUC program. As agents of the United States, the States and cooperating State agencies may not vary from the operating instructions in GAL 12-92, GAL 12-92, Change 1, or this Change 2 (or any subsequent or supplemental operating instructions) without the prior approval of the Department of Labor. Attachment A--Changes to Operating Instructions: a. In the Table of Contents, under Section III.C. (page 3), insert new topic line "8.", entitled "8. Suspension of Requirements" and designate page number "30.", and change the number of existing topic line "8." to "9.". (See the addition of new paragraph "8." in item "l." below.) b. In the Table of Contents, under Section III.L. (page 4), insert new topic line "7.", entitled "7. Suspension of Requirements" and designate page number "46.", and change the number of existing topic line "7." to "8.". (See the addition of new paragraph "7." in item "p." below.) c. On page 1 of Attachment A, change the heading of Section I. to read: "I. Section-by-Section Explanation of Title I of Public Law 102-164, as amended by Public Laws 102-182, 102-244, and 102- 318 and further amended by P.L. 103-6." d. In Sections I.B.5.a.(ii) and I.B.5.b. (pages 2 and 3), change the date of "March 6, 1993" to "October 2, 1993", each place it appears. e. In Section I.C.10., entitled,"Effective Dates." (page 7), change the date of "March 6, 1993" to "October 2, 1993" and the date of "June 19, 1993" to "January 15, 1994", each place such dates appear. f. In Section I.E. (page 8), add the following "NOTE" after paragraph 2., entitled "Authorization." "NOTE: Section 5 of P.L. 103-6 authorizes the payment of EUC benefits (for weeks of unemployment attributable to new claims filed after March 6, 1993) from general revenue funds to be included in the Department of Labor Appropriation Acts to be transferred to the "extended unemployment compensation account". The administrative funds for the extension of the program under P.L. 103-6 will be provided from the contingency reserves in the "State Unemployment Insurance and Employment Service Operations" appropriation. (See amendments made to Attachment B, Fiscal Instructions, and Attachment C, Reporting Instructions, by GAL 12-92, Change 2.)" g. In Section I.G.2.b. (page 10), change the date of "March 6, 1993" to "October 2, 1993". h. In Section III.A.1., the definition of "Act" (page 20), change the phrase after the citation to "Public Law 102-164," to read "as amended by Public Laws 102-182, 102-244, and 102-318, and further amended by P.L. 103-6." i. In Section III.A.3., the definition for "Period of Eligibility" (page 20), change the date of "March 6, 1993" to "October 2, 1993". j. In Section III.B. (page 22), change the date of "March 6, 1993" to "October 2, 1993" each place it appears, and change the date of "June 19, 1993" to "January 15, 1994". k. In Section III.C.3. (page 26), change the date of "March 6, 1993" to "October 2, 1993". l. In Section III.C. (page 30), renumber existing paragraph "8." as "9." and add the following new paragraph 8., entitled "8. Suspension of Requirements." "8. Suspension of Requirements. The provisions of paragraphs 5., 6., and 7., of this Section III.C., are suspended for weeks of unemployment beginning after March 6, 1993. In lieu thereof, provisions of State law applicable to claims for regular compensation shall apply. (See GAL 7-93 for specific actions required by States.)" m. In Section III.E.2.g. (page 34), change the date of "March 6, 1993" to "October 2, 1993" and change the date of "June 19, 1993" to "January 15, 1994", each place they appear. n. In Section III.E.4.b. (page 35), change the date of "March 6, 1993", to "October 2, 1993", each place it appears. o. In Section III.H.2.c. (page 39), add the following "NOTE" after the last paragraph: "NOTE: For weeks of unemployment beginning after March 6, 1993, liable States will apply the work search and suitable work requirements applicable to the payment of claims for regular compensation to EUC claims." p. In Section III.L. (page 46), renumber existing paragraph "7." as "8." and add the following new paragraph 7., entitled "7. Suspension of Requirements.". 7. Suspension of Requirements. The provisions of paragraphs 4., 5. and 6. of this Section III.L. are suspended for weeks of unemployment beginning after March 6, 1993. State law job prospects classification, active search for work, suitable work and work registration provisions required of claimants for regular compensation will apply to EUC claimants." q. In Section IV (page 54), add the following new paragraph "D." after existing paragraph "C.". "D. The provisions of paragraphs A. and B., and the last sentence in paragraph C., do not apply to weeks of unemployment beginning after March 6, 1993. State law provisions for regular compensation concerning work registration, job prospects classification and work tests will be applicable to EUC claimants." Attachment B--Changes to Fiscal Instructions: a. In the fourth paragraph of Section 1.a., add the following new sentence at the end: "Funds to pay EUC benefits authorized by P.L. 103-6 will be drawn from the Extended Unemployment Compensation Account (EUCA) in the Unemployment Trust Fund. Money in the EUCA will be derived from the Advances to the Unemployment Trust Fund and other funds appropriation." b. In the fifth paragraph of Section 1.a., replace the existing last sentence with the following: "However, States will be required to identify separately on the EUC ETA 2112, EUC payments for weeks of unemployment attributable to initial claims filed on or before July 4, 1992, weeks of unemployment attributable to initial claims filed after July 4, 1992 through March 6, 1993, and weeks of unemployment attributable to initial claims filed after March 6, 1993 so that charges to the appropriate sources of funds can be made. (See Attachment C, Reporting Instructions.)" c. At the end of the second paragraph of Section 1.b., add the following new sentence: "Funds to pay UI EUC administrative costs resulting from P.L. 103-6 are provided through the FY 1993 Labor/HHS Appropriations Act using the contingency reserve language in the State Unemployment Insurance and Employment Service Operations account." d. In Section 1.b, delete the last sentence in the fourth paragraph that begins with the word "States". e. In the last paragraph of Section 1.b., change the parenthetical phrase after the phrase "law changes" to read; "(e.g., P.L. 102-244, P.L. 102-318 and P.L. 103-6 (H.R. 920))". In addition, add the following phrase in the second sentence after the phrase "EUC claims" and before the phrase "will be computed": "and notification and reassessment of eligibility required by P.L. 102-318 of previously denied EUC claimants per guidance furnished in GAL 7-93". In addition, in the fourth sentence change the phrase "line 5" to read "line 13", and delete the fifth sentence that begins with the word "States". 6. Attachment C--Changes to Reporting Instructions a. In the first paragraph of Section 1., replace the first, second and third sentences with the following new sentences: "Since February 16, 1993, data for the Emergency Unemployment Compensation (EUC) program for reports ETA 207, ETA 218, ETA 227, ETA 5130, ETA 5159 and ETA 2112 should be submitted electronically by utilizing separate EUC entry screens that are available through the UI electronic reporting system. Electronic submittal of EUC data for the ETA 539 will continue following the instructions provided in Section 2.g.." b. Replace all the instructions in Section 2.f., entitled "ETA 2112.", with the following new instructions: "f. ETA 2112. Data will be reported in the aggregate on the electronic regular ETA 2112 report. Amounts received as reimbursement from other States for EUC-CWC payments made prior to July 1, 1992, should be included on either line 24 or 25 in columns C and F. Total disbursements for EUC payments are to be included on line 39 in columns C and F. Because funding sources are different for the original program and each of the two extensions of the program, the disbursements for each must be separately reported. Breakouts of EUC disbursements are to be reported electronically on the separate EUC version of the ETA 2112 as follows: 1. Net disbursements for weeks of unemployment attributable to new and additional initial claims filed on or before July 4, 1992. This amount is to be broken out into four categories: Regular, UCFE, UCX, and Other. 2. Net disbursements for weeks of unemployment attributable to new initial claims filed after July 4, 1992 through March 6, 1993 and additional initial claims filed after July 4, 1992, which are associated with new initial claims filed through March 6, 1993. Report the net total amount only for this category. 3. Net disbursements for weeks of unemployment attributable to new initial claims filed after March 6, 1993 and additional initial claims associated with new initial claims filed after March 6, 1993. Report the net total amount only for this category. NOTE: Residual activity from previous Federal emergency unemployment compensation programs must continue to be reported on line 39 of the regular ETA 2112 report and the amount must be noted in the comments section of the report." 7. Action Required. SESA Administrators shall: a. Provide the above controlling guidance to appropriate staff. b. Issue a public notice in appropriate news media to announce the extension of the EUC program due to enactment of the Emergency Unemployment Compensation Amendments of 1993 (P.L. 103-6), which are applicable to weeks of unemployment beginning after March 6, 1993. c. Perform all other actions needed for proper payment of EUC to eligible individuals, including, but not limited to, notifying individuals who exhaust regular compensation with the week ending March 6, 1993 through the week ending September 25, 1993, of their potential EUC entitlement.

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.

References: Title I of the Emergency Unemployment Compensation 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 (FSEUCA) as amended; 20 CFR Part 615; GAL 12-92 and GAL 12-92, Changes 1 and 2; the Trade Act of 1974 (19 U.S.C. 2271 et seq.); 20 CFR Part 617. Background: GAL 4-92, dated November 27, 1991, and published on February 14, 1992 (57 FR 5472), transmitted the Department's operating instructions to the States for administration of the Emergency Unemployment Compensation (EUC) program. On June 4, 1992, the Department issued GAL 4-92, Change 3, which transmitted revised operating instructions for Section III.M., Fraud and Overpayment, in Attachment A, based on questions from States. This document was published on June 24, 1992 (57 FR 28188). After additional substantive changes to the operating instructions in GAL 4-92, based on amendments to the EUC Act of 1991 and other provisions of P.L. 102-318 (enacted July 3, 1992), the Department consolidated GAL 4-92 and the four changes into one document, GAL 12-92. This document, issued on September 11, 1992, became the official controlling guidance and was published on November 16, 1992 (52 FR 54106). Based on changes to the reporting requirements provided in Attachment C to GAL 12-92 and extension of the EUC program provided in P.L. 103-6, the Department issued Changes 1 and 2 to GAL 12-92 on February 16, 1993, and March 10, 1993, respectively. Now, additional questions have arisen from the States, as well as other interested parties, concerning the application of the offset of overpayment provisions in Section III.M.. After consideration of the comments and the provisions of the EUC Act of 1991 as a whole, the Department is revising Section III.M.2.b.(5) of Attachment A to GAL 12-92 for the reasons described below. Clarification and Revision--Explanation: Section 105(c)(1) of the EUC Act of 1991 (entitled Fraud and Overpayments) provides that in the event of an EUC overpayment, deductions from EUC and other unemployment compensation payable may be utilized to offset the overpayment; except that no single deduction may exceed 50 percent of the weekly benefit amount from which the deduction is made. Section 243(a)(2) of the Trade Act of 1974 contains nearly identical language and the Department's regulation at 20 CFR 617.55(a)(4)(C)(iii) was promulgated to implement the provision. Therefore, the Department did not vary from the provision in 20 CFR Part 617 when Section III.M.2.b.(5) was issued in GAL 4-92 and now GAL 12-92, since a precedent had been established in the Trade Act regulations. However, unlike the Trade Act of 1974, Section 101(d)(2) of the EUC Act of 1991 provides that the terms and conditions of State law that apply to claims for extended compensation and the payment thereof, shall apply to claims for EUC and the payment thereof, except where inconsistent with the provisions of the EUC Act or with regulations or operating instructions of the Secretary promulgated to carry out the EUC Act. Based on questions from the States and other interested parties, the Department has determined that part of the requirement provided in current Section III.M.2.b.(5), prescribing that any deduction must be 50 percent is too restrictive, since some States have a smaller deduction for regular compensation, which is applicable to EB, and, hence, is also applicable to EUC. Any State law requiring greater than a 50 percent reduction is inconsistent with Section 105(c)(1) and may not be applied to EUC overpayments under Section III.M.2.b.(5). Therefore, Section III.M.2.b.(5) is revised as described below. This interpretation is applicable to all outstanding EUC overpayments and to all offset determinations made after the date of this issuance. The revised operating instructions in this GAL 12-92, Change 3, are issued to the States 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, GAL 12-92, Change 1, GAL 12-92, Change 2, or this Change 3 (or any subsequent or supplemental operating instructions) without the prior approval of the Department of Labor. Amendment to Operating Instructions: Consistent with Section 105(c)(1) of the EUC Act of 1991, Section III.M.2.b.(5) of Attachment A of GAL 12-92 is changed to read as follows: "(5) No single deduction under this section III.M.2., shall exceed 50 percent of the amount otherwise payable to the individual." Action Required: SESA administrators should ensure that the above controlling guidance is issued to appropriate staff and, if State law so provides for a deduction of less than 50 percent, that such lesser reduction shall apply to all outstanding EUC overpayments and to all offset determinations made after the date of this issuance.