-



U.S. DEPARTMENT OF LABOR
Employment and Training Administration
Washington, D. C. 20210

CLASSIFICATION

UI

CORRESPONDENCE SYMBOL

TEUL

ISSUE DATE

12/17/96

RESCISSIONS

None

EXPIRATION DATE

Ongoing

DIRECTIVE

:

UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 07-97

 

TO

:

ALL STATE EMPLOYMENT SECURITY AGENCIES

 

FROM

:

MARY ANN WYRSCH
Director
Unemployment Insurance Service

 

SUBJECT

:

Submission of Proposed and Enacted Unemployment Compensation Legislation

  1. Purpose. To remind States of the requirement to submit proposed and enacted unemployment compensation (UC) legislation.

  2. References. Section 303(a)(6) of the Social Security Act (SSA); 20 CFR 601.3; Employment Security Manual (ESM) Part I, Section 1215; and Manual Transmittal Letters Nos. 1449 (May 19, 1986) and 1452 (August 29, 1986) which updated Section 1215, ESM.

  3. Background. It appears that some States are not fully aware of the requirement to submit to the Regional Administrator, Employment and Training Administration, not only enacted UC legislation, but also copies of proposed legislation. To help prevent enactment of State legislation that does not conform with Federal law requirements, all State agencies need to cooperate fully in submitting proposed legislation that either directly or indirectly affects the UC program. The purpose of this Unemployment Insurance Program Letter (UIPL) is to assure that State agencies are aware of their responsibility for submitting both proposed and enacted legislation.

  4. Discussion. Section 303(a)(6), SSA, requires as a condition of receiving administrative grants that State law contain provision for the "making of such reports, in such form and containing such information, as the Secretary of Labor may from time to time require, and compliance with such provisions as the Secretary of Labor may from time to time find necessary to assure the correctness and verification of such reports." 20 CFR 601.3(a) requires submittal of certified State material so that the Secretary of Labor will be able to determine the status of State laws and plans of operation. ESM, Part I, Section 1215, deals with the submission of various UC-related materials. Section 1215.B.1 addresses certified materials to be submitted, including, in Section 1215.B.1.a, "State unemployment insurance statutes and amendments and other statutes."

    Section 1215.B.2.d. calls for submission of:

    Other unemployment insurance materials. Any other materials including copies of proposed legislation and documents in which the SESA is instructing or informing persons or entities about the unemployment insurance program and its operation.

    When submitting proposed legislation, States are encouraged to comment on the proposal's chances of passage and to request expedited review and comment if appropriate. (See ESM, Part I, Section 1215.C.1.d.)

    To prevent enactment of legislation which may raise an issue with Federal law, States should submit proposed legislation as soon as it becomes available. States are also encouraged to simultaneously submit copies to both the National and Regional Offices. When material is directed to the National Office, the following address should be used:

    U.S. Department of Labor
    Employment and Training Administration
    Unemployment Insurance Service
    Attention: TEUL
    Washington, D.C. 20210

  5. Action Required. State agencies are requested to take all actions necessary to assure that all proposed and enacted UC legislation are promptly submitted to the Department of Labor. Copies of UC bills that have been introduced in the State legislatures are to be submitted as soon as possible after introduction and copies of enacted UC legislation are to be submitted as soon as possible after enactment.

  6. Inquiries. Inquiries should be directed to the appropriate Regional Office.