Deepwater Horizon oil spill reimbursement records

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2010/tegl_14_10_acc.pdf

                                                               CLASSIFICATION
        Employment and Training Administration                 UI – WIA
                  Advisory System                              CORRESPONDENCE SYMBOL
                                                               OUI - OWI
              U.S. Department of Labor
                                                               DATE
               Washington, D.C. 20210                          November 29, 2010




ADVISORY:              TRAINING AND EMPLOYMENT GUIDANCE LETTER No. 14-10

TO:                    STATE WORKFORCE AGENCIES
                       STATE WORKFORCE ADMINISTRATORS
                       STATE WORKFORCE LIAISONS
                       STATE AND LOCAL WORKFORCE BOARD CHAIRS AND
                       DIRECTORS
                       STATE LABOR COMMISSIONERS
                       STATE UNEMPLOYMENT INSURANCE DIRECTORS

FROM:                  JANE OATES /s/
                       Assistant Secretary

SUBJECT:               Oil Spill Reimbursement and Cost Documentation


1. Purpose. To provide guidance to states impacted by the oil spill in the Gulf of Mexico resulting
   from the explosion of the Deepwater Horizon offshore oil drilling platform regarding:
   1) documentation and reimbursement for oil spill related activities; 2) identification of workers
   unemployed as a result of the oil spill; 3) reporting requirements related to oil spill activities; 4)
   confidentiality provisions that apply to information sharing between the state and the
   “responsible party” (RP) and/or the Gulf Coast Claims Facility (GCCF); and 5) information on
   the disposition of the reimbursed funds.
   This guidance does not supplant current or future guidance from the Department of Justice
   (DOJ), agency, or state counsels’ office pertaining to documentation for cost recovery under the
   Oil Pollution Act (OPA).
2. References. The Oil Pollution Act of 1990 (Public Law (P.L.101-380); the Workforce
   Investment Act of 1998 (WIA) (P.L. 105-220); the Wagner-Peyser Act of 1933 as amended by
   WIA (W-P); the Federal Unemployment Tax Act (FUTA) (P.L. 76-379); the Social Security Act
   (SSA) of 1935 (P.L. 74-271); the Robert T. Stafford Disaster Relief and Emergency Assistance
   Act (P.L. 100-707) (Stafford Act); and Disaster Unemployment Assistance data collection (ETA
   902, OMB Number 1205-0051), Office of Management and Budget Guidance, Identifying and
   Documenting Costs of “Government Activities Related to the BP Deepwater Horizon Oil Spill,
   M-10-29, July 1, 2010.



 RESCISSIONS                                                 EXPIRATION DATE
 None                                                        Continuing
3. Background. The April 20, 2010, explosion and sinking of the Deepwater Horizon offshore oil
   drilling platform in the Gulf of Mexico resulted in what is now considered the largest oil spill in
   United States history. The Deepwater Horizon was under lease to British Petroleum (BP). On
   April 29, 2010, the President declared this an “oil spill of national significance” under the OPA.
   The Federal government is committed to holding responsible parties accountable for all eligible
   costs associated with the BP Deepwater Horizon Oil Spill. To date, named responsible parties
   include BP, Transocean, MOEX, and Anandarko Petroleum Corporation. BP has acknowledged
   its responsibility for the oil spill, including reimbursement of states for unemployment
   compensation (UC) benefits, workforce services, and related administrative costs and has
   already provided some reimbursement to the State of Louisiana.
   The Federal government is committed to the importance of identifying and documenting
   costs related to the Deepwater Horizon Oil Spill (Oil Spill). Guidance released by OMB on
   July 1, 2010 (M-10-29) stressed the importance of good record-keeping and cost
   documentation with respect to Oil Spill-related costs in order to promote appropriate
   stewardship and accounting of Federal funds, maintain accountability to taxpayers, and
   support current and prospective claims for reimbursement under the OPA and other laws. On
   October 5, 2010, OMB released follow-up guidance, calling on agencies to report the
   information that they have collected, in order to further these commitments. M-10-29
   instructed agencies instructs agencies to continue close coordination with their State, local and
   tribal counterparts to implement this guidance and support them in their efforts to collect and
   track information. In communicating with its state counterparts, the Department of Labor has
   received repeated inquiries regarding unemployment and worker dislocation benefit programs.
   The Employment and Training Administration (ETA) is committed to working with the states
   and BP to establish appropriate reimbursement processes for oil spill related unemployment
   benefits, workforce services, and associated administrative costs. States are strongly
   encouraged to consult with the state’s legal counsel about all claims for reimbursement for
   oil spill related services and associated administrative costs.
4. Reimbursement to Individuals and Businesses for Oil Spill Related Costs. As of August 23,
   2010, BP, as a responsible party, transferred responsibility for accepting, reviewing, and paying
   claims for costs and damages incurred by individuals and businesses as a result of the oil spill to
   the Gulf Coast Claims Facility (GCCF). The GCCF is administered by Kenneth R. Feinberg, a
   neutral fund administrator responsible for all decisions relating to the administration and
   processing of claims by the GCCF.
   All claims filed with BP before August 23, 2010, have been transferred to the GCCF for
   ongoing review and determination. For information on how to file claims through GCCF, go
   to http://www.gulfcoastclaimsfacility.com/.
   While the Gulf oil spill has been declared an “oil spill of national significance,” it has not
   been declared by the President a major disaster under section 410 of the Robert T. Stafford
   Disaster Relief and Emergency Assistance Act. Therefore, individuals unemployed as a
   result of the Gulf oil spill are not eligible for Disaster Unemployment Assistance (DUA).




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5. Reimbursement to Governmental Entities for Oil Spill Related Costs.
   BP has established a protocol for submission of government claims which can be found on their
   Website at:
   http://www.bp.com/sectiongenericarticle.do?categoryId=9034726&contentId=7064402. The
   website also includes a Documentation Process Workbook, claims forms, and document
   checklists. Claims may be submitted by email, mail, phone, or fax.

       Online:        http://www.piersystem.com/go/survey/2911/4375
       Email:         [email protected]
       Mail:          Government Claims and Funding Requests
                      1905 W. Thomas Street
                      Suite D-358
                      Hammond, LA 70401
       Phone:         1-877-710-4064
       Fax:           11-877-810-5650

   States are encouraged to file claims with BP for the increased costs of public services and/or
   benefits to individuals who are unemployed or who have lost self-employment income as a result
   of the oil spill and have been paid unemployment compensation (UC), or have received
   workforce services, and associated administrative costs.

6. Identification of Workers Unemployed as a Result of the Oil Spill. Currently there is no
   standard definition of what it means to be “unemployed as a result of the oil spill.” When
   determining whether an individual’s unemployment is a result of the oil spill for purposes of UC
   programs, the state should consider the following:
   A. The individual had been employed, in the case of the Deepwater Horizon oil spill, on the
      oil rig that exploded, causing the spill, and was laid off as a result;
   B. The individual had been employed within a local labor market where the oil is present on
      adjacent waterways or washing ashore and the employer either closed or laid off the
      individual due to a lack of work resulting from the impacts of the oil spill;
   C. The individual had been employed by an employer receiving income from business
      conducted in a local labor market where the oil is present on adjacent waterways or
      washing ashore and the employer either closed or laid off the individual due to a lack of
      work resulting from the impacts of the oil spill;
   D. The individual had been employed by an employer, regardless of location, receiving
      income or revenue from the business of processing products harvested from the Gulf of
      Mexico that either closed or laid off the individual due to lack of work resulting from the
      impacts of the oil spill.
   Impacts resulting from the oil spill that may cause individuals to be unemployed include, but
   are not limited to, the following situations:
          The oil is directly interfering with the business activity, such as fishing or activities
           on the water or land where the oil is present, causing individuals to be laid off;

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         Business or trade in impacted local labor markets has diminished as a result of the oil
          spill, causing individuals to be laid off or businesses to close;
         Business or trade for businesses earning their income or revenue, during the tax year
          prior to the oil spill, from processing products harvested from the Gulf of Mexico is
          diminished as a result of the oil spill, causing individuals to be laid off or businesses
          to close.
   Industry sectors that may be impacted as a result of the oil spill include, but are not limited
   to:
         Fishing, seafood preparation and packaging, and fish and seafood wholesalers;
         Accommodation and food services, amusement parks, sightseeing tours, and gift
          shops;
         Retail operations: grocery, clothing, sporting goods stores, general merchandise,
          building materials, furniture, drug stores; and gasoline stations;
         Travel agencies, car rental, air transportation, and water transportation;
         Real estate, construction, building services, and waste and remediation services;
         Health care: physicians offices, emergency medical services, hospitals, pharmacies;
          and
         Banking.
7. Reimbursement for UC Costs.
   A. UC Payments. ETA recommends that states track and seek reimbursement from the RP,
      in this case BP, for all state UC benefits paid to individuals whose unemployment is a
      result of the oil spill as well as associated administrative costs. Any reimbursements
      received from the RP for regular state unemployment compensation or the state share of
      Extended Benefits paid to an individual must, immediately upon receipt, be deposited in
      the state’s account in the Federal Unemployment Trust Fund (UTF) in accordance with
      Section 3304(a)(3), Federal Unemployment Tax Act (FUTA). Section 3304(a)(3),
      FUTA, requires, as a condition for employers in a state to receive credit against the
      Federal tax, that:
          all money received in the unemployment fund shall (except for refunds of
          sums erroneously paid into such fund and except for refunds paid in
          accordance with the provisions of section 3305(b)) immediately upon such
          receipt be paid over to the Secretary of the Treasury to the credit of the
          Unemployment Trust Fund established by section 904 of the Social Security
          Act …
      Section 303(a)(4), Social Security Act (SSA), similarly requires that funds received be
      deposited immediately into the state’s UTF account as a condition of receiving
      administrative grants for the UC program.
      DOL has long interpreted the phrase “received in the unemployment fund,” as used in the
      immediate deposit requirement, to mean that all money received for purposes of the

                                                -4-
   unemployment fund is “in” the state's UTF account at the instant of its receipt by the state
   or its agent. This interpretation gives effect to the requirement that monies be transferred
   immediately to the UTF. Any other interpretation would defeat the purpose of
   establishing a trust, as the transfer of monies due the trust could be delayed indefinitely
   even though they are in the state's possession. Accordingly, because reimbursements for
   state regular compensation and the state share of EB are received for purposes of the
   state’s unemployment fund, they are “received in the unemployment fund.” As such, the
   state must immediately transfer the funds to the state’s UTF account.
B. Unemployment Compensation Administrative Costs. ETA recommends that states also track
   and seek reimbursement from the RP, in this case BP, for the administrative costs associated
   with payment of UC benefits to individuals whose unemployment is a result of the oil spill.
   States should determine the administrative costs necessary to pay UC to oil spill impacted
   unemployed workers using generally accepted accounting procedures and Office of
   Management and Budget (OMB) Circular A-87, and seek reimbursement. To the extent a
   state workforce agency receives any reimbursement from BP (or other fund source) for Gulf
   oil spill administrative costs; the state should not seek duplicative reimbursement for these
   same administrative costs from the Federal government. Any reimbursement received by the
   state from BP (or other fund source) for UC administrative costs incurred for processing UC
   claims related to the Gulf oil spill must be deducted from the state’s above base entitlement
   request reported on the ETA-UI-3 Regular (State Quarterly Financial Report, OMB Control
   Number 1205-0132) in the quarter it is received. If administrative costs associated with
   Federally enacted emergency programs, such as Emergency Unemployment Compensation,
   are paid for by the RP, states should provide associated workload counts in the Comments
   Section of the UI-3. If Federal Additional Compensation (FAC) administrative costs are paid
   for by the RP, the FAC portion of the reimbursement should be noted in the Comments
   Section of the UI-3.
C. Verification of Separation Information for Oil Spill Impacted Workers. State agencies must
   verify the reason(s) for separation for any UC claims filed by oil spill-impacted workers in
   the same manner as all other UC claims filed under the state UC law. States should verify
   and document whether a worker is unemployed as a result of the oil spill using the guidelines
   described in section 6 above (Definition of Worker Unemployed as a Result of the Oil Spill).
   At a minimum, in order to demonstrate that the separation is the result of the oil spill, states
   should require documentation from the separating employer that the separation was a result
   of the oil spill.
D. Benefit Charges for Reimbursed UC Claims. All UC benefits paid as a result of the oil spill
   are to be charged to employers (or reimbursed by employers) in accordance with current state
   law. Employers may not be relieved of charges (or the requirement to reimburse the fund if a
   reimbursing employer) for benefits paid to individuals who are unemployed as a result of the
   oil spill unless the state law specifically provides for such relief from charges.
   If the state is reimbursed by BP for the UC paid to individuals who are unemployed as a
   result of the oil spill, employers’ accounts may, if permitted by state law, be adjusted to
   remove the charges for any reimbursed benefits. The state must be able to identify the
   specific charges for the reimbursed benefits in order to remove the charges from an
   employer’s account as a result of the reimbursement by BP for those specific benefits.
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   The charges may not be removed until the reimbursed amounts are deposited in the
   state’s account in the UTF.
E. Confidentiality of UC Information. Section 303(a)(1) of the SSA provides that, for purposes
   of certification by the Secretary of Labor, state law must include provision for “[s]uch
   methods of administration … as are found by the Secretary of Labor to be reasonably
   calculated to insure full payment of unemployment compensation when due;…”
   ETA interprets Section 303(a)(1) of SSA to require states to maintain “the confidentiality
   of any UC information which reveals the name or any identifying particular about any
   individual or any past or present employer or employing unit, or which could foreseeably
   be combined with other publicly available information to reveal any such particulars …”
    (See 20 CFR 603.4(b).)
   While BP, as an RP, initially was responsible for payment of individual claims for lost
   wages or income, since August 23, 2010, the GCCF is managing individual claims. The
   GCCF seeks to avoid making a payment to an individual and then being charged for any
   UC paid to the individual for the period of time for which they received GCCF
   reimbursements. ETA is committed to working with the GCCF and states to develop
   processes for coordination of claims that are consistent with Federal confidentiality
   requirements for UC information. GCCF has incorporated a release of information
   clause in their claims form to enable disclosure of confidential UC information related to
   the individual’s claim with GCCF.
   States should note that nothing in 20 CFR Part 603 permits states to disclose to BP or to
   the GCCF the names or any other personally identifiable information concerning
   individuals who are unemployed as a result of the oil spill without a signed informed
   consent form meeting the criteria of § 603.5(d)(2).
   Section 603.5(d)(2) permits states to disclose confidential UC information to a third party
   who is not an agent of the individual whose records are sought, but only under certain
   circumstances. Specifically, the third party, in this case BP or GCCF, must obtain a
   release, signed by the individual whose records are sought, containing a statement:
   1) specifically identifying the information that is to be disclosed; 2) indicating that state
   government files may be accessed to obtain that information; 3) describing the specific
   purpose or purposes for which the information is sought, and a statement that the
   information obtained under the release will only be used for that specific purpose or
   purposes; and 4) indicating all the parties who may receive the information disclosed.
   In addition, § 603.5(d)(ii)(A) requires that the purposes specified in the release must be
   limited to providing a service or benefit to the individual signing the release that such
   individual expects to receive upon signing the release.
F. UC Reporting. To monitor the impact of the oil spill and properly manage the resulting
   financial accountability, it is necessary to collect related data as described below. Note, this
   is in addition to the current weekly oil spill related initial and continued weeks claimed data
   provided by county, and the summary data.
   1) UC Financial Reporting. State agencies should provide the Employment and Training
      Administration’s (ETA) Office of Unemployment Insurance documentation reflecting all

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          manner of reimbursement related to the payment of benefits received from the RP.
          Reimbursement for benefits paid must be reported on the ETA-2112 (UI Financial
          Transaction Summary, OMB No. 1205-0154) for the Clearing Account (Column D) as a
          deposit on line 28 and as a disbursement on line 48. Deposits to the UTF account must
          be reported on line 28 (Column E). Reimbursements for administrative costs must be
          reported in Section B on line 21, labeled “Advance,” of the ETA-UI-3 Regular report.
          This reimbursement will be deducted from the total dollar entitlement earned by the state.
          There will be no loss in funding to the state agency; the sum of the third party
          reimbursement (i.e., either BP or other fund source) and the resulting above base
          entitlement will equal what the state agency would have received for the quarterly above
          base entitlement absent the BP (or other fund source) reimbursement. Additional detail
          for amounts collected from the RP for Federally enacted emergency programs should be
          reported in the Comments Section of the UI-3 as described above.
      2) UC Claims Reporting Requirements—Oil Spill Claims and Payment Activities. States
         will report oil spill related claims activity on a new report similar to the ETA 902
         (Disaster Unemployment Assistance Activities, OMB Control Number 1205-0051). A
         facsimile of this report is included in Attachment A, and the actual report will soon be
         available through the reporting system states currently use to transmit UC required
         reports. Reporting definitions are unchanged from the current ETA 902. The report must
         be submitted for all months during which oil spill related claims began, and continue for
         12 months past the last oil spill related initial claims reported. Reports should be
         submitted electronically through the current state reporting system
8. Workforce Investment Act (WIA) and Wagner-Peyser (W-P) Costs - State Responsibility in
   Seeking Reimbursement from BP and/or the OSLTF.
   Funds allotted to states under WIA and W-P are available for states and local workforce
   investment areas to provide training and employment services to individuals unemployed as a
   result of the Gulf oil spill.
   A. Eligibility for WIA and W-P programs. Many, but not all, individuals affected by the oil spill
      may be determined dislocated workers, for the purpose of serving individuals with WIA
      Dislocated Worker funds or a National Emergency Grant (NEG). A state or local workforce
      investment area may use such funds for services only if the individual to be served meets the
      definition of dislocated worker at section 101(9)(A), (B), (C), or (D) of the WIA. The oil
      spill has caused several employers to layoff workers, and many workers will meet the
      definition of dislocated worker in 101(9)(B), which pertains to workers laid off in a
      permanent closure or substantial layoff.
      In cases where an individual does not meet the definition of dislocated worker under
      101(9)(B), the worker may in some instances meet the definition under 101(9)(A). ETA
      considers an individual as a dislocated worker if the individual meets the definition of
      dislocated worker at WIA section 101(9)(A), which includes a requirement that the
      individual is unlikely to return to a previous industry or occupation. Because ETA cannot
      determine when economic and environmental conditions will make it possible for businesses
      which have temporarily closed due to the oil spill to return to regular business, states and
      local areas may consider individuals who became unemployed due to the oil spill to be
      unlikely to be reemployed in the previous industry or occupation.
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   ETA considers a self-employed person a dislocated worker if the individual meets the
   definition of a dislocated worker at WIA section 101(9)(C), which includes a requirement
   that the individual be unemployed as a result of general economic conditions in the
   community in which the individual resides or because of natural disasters. Because of its
   widespread economic impact, ETA considers the oil spill to meet the requirements of
   “general economic conditions” that have resulted in a self-employed individual’s
   unemployment, and ETA would consider a similar interpretation by a state or local area to be
   consistent with WIA.
   Lastly, some workers may be considered dislocated workers under WIA 101(9)(D) when the
   individual had been dependent on the income of another family member but is no longer
   supported by that income and is having difficulty in obtaining or upgrading employment.
   Though many oil spill-affected jobseekers will likely meet eligibility requirements for WIA
   Dislocated Worker, states may also serve oil spill-affected workers with W-P, or WIA Adult,
   Dislocated Worker, or Youth funds where individuals meet the eligibility requirements of
   those programs. All individuals are eligible for W-P services. To be eligible to receive WIA
   core services in the Adult program, an individual must be over 18, and the eligibility
   requirements for intensive and training services in the Adult program are described at 20
   CFR 663.220 and 663.310. The eligibility requirements for WIA Youth services are
   described in the WIA regulations at 20 CFR 664.200.
B. Reimbursable Costs. ETA recommends that states seek reimbursement for W-P and WIA
   costs related to serving individuals who are unemployed or who have lost self-employment
   income as a result of the Gulf oil spill, including associated administrative costs. These costs
   may include:
   1) Clean–up from the Gulf oil spill, including:
          Individual Training Accounts (ITAs) under 20 CFR 663.400-440 that are used to
           train workers to clean up the Gulf oil spill, e.g. the basic 4 or 8-hour training
           required by Occupation Safety and Health Administration for anyone interacting
           with oil, and Hazardous Waste Operations and Emergency Response Standard
           training. See www.osha.gov/oilspills/index.html and Training and Employment
           Notice 43-09 “Jobseeker and Employment Services for Marine Oil Spill
           Response” for more information on these trainings.
          Training for oil spill cleanup provided through contracts as described at
           20 CFR 663.430.
          Customized training, as described at 20 CFR 663.715, used to train workers to
           clean up the Gulf oil spill.
          Classroom-size training for oil spill cleanup provided through a contract to an
           institution of higher education or other eligible training provider in high-demand
           occupations, when such a contract does not limit customer choice, as authorized
           by the Department of Labor Appropriations Act, 2010, P.L. 111-117, Div. D.
           Tit. I.
          Needs-related payments and supportive services provided to enable individuals to
           participate in training.
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      Time spent by One-Stop staff on staff-assisted WIA core and intensive services
       and staff-assisted W-P services related to the Gulf oil spill clean up, e.g. job
       search assistance, referrals to training for job openings related to clean up,
       referrals to job openings related to clean up, or screenings or assessments related
       to identifying appropriate workers for the Gulf oil spill response job openings.
2) Mitigating damages from the oil spill, including:
      ITAs used to prepare jobseekers for alternative employment after losing their job
       because of the Gulf oil spill, as well as needs-related payments and supportive
       services provided to enable individuals to participate in training.
      Customized training, as described at 20 CFR 663.715, used to train workers for
       alternative employment after losing their job because of the Gulf oil spill.
      Employer reimbursement for on-the-job training, as described at 20 CFR 663.700,
       used to train workers for alternative employment after losing their job because of
       the Gulf oil spill.
      Classroom-sized training provided through a contract to an institution of higher
       education or other eligible training provider in high-demand occupations, when
       such a contract does not limit customer choice, as authorized by the Department
       of Labor Appropriations Act, 2010, P.L. 111-117, Div. D. Tit. I., when such
       individuals have lost their job as a result of the Gulf oil spill.
      Time spent by One-Stop staff on staff-assisted WIA core and intensive services
       and staff-assisted W-P services related to the Gulf oil spill induced job loss, e.g.
       career counseling, assessment, case management, job search assistance, and
       relocation assistance to assist individuals find new employment.
3) Administrative Costs. ETA recommends that states seek reimbursement for unique,
   additional administrative costs borne by states and local workforce investment areas
   associated with serving individuals unemployed as a result of the Gulf oil spill such
   as the staff time necessary to document and bill BP for reimbursement. Generally the
   infrastructure costs associated with established One-Stops are not reimbursable.
   However, in limited situations it is appropriate for a state to request reimbursement
   for a mobile One-Stop van or trailer. In those situations, states should seek
   reimbursement for the portion of the operating costs directly related to responding to
   the needs of jobseekers affected by the Gulf oil spill, e.g. the costs of leases,
   employing a driver, and fuel.
   ETA does not intend for the above discussion to suggest that One-Stops should limit
   services to only those individuals affected by the Gulf oil spill. This guidance relates
   only to seeking reimbursement for the Gulf oil spill related costs.
C. Documentation. States must maintain documentation supporting an individual’s
   assertion that the individual’s unemployment or loss of self-employment income was
   the result of the oil spill. The documentation may vary, depending on the individual’s
   circumstances. Types of documentation may include documents verifying the
   individual was laid off from a business impacted by the oil spill as described in
   Section 6 above (Definition of Worker Unemployed as a Result of the Oil Spill) such
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   as pay stubs from the business, a lay-off slip, or a written statement by the employer.
   If an individual has lost self-employment income, documentation may include tax
   documents verifying the individual operated a business as described in Section 6
   above, and a written statement by the individual that his/her business has ceased to
   operate. The examples of documentation provided above are not an exhaustive list.
D. WIA/W-P Outcome and Performance Reporting. In order to ensure that the
   workforce system is responsive to the needs of workers affected by the Gulf oil spill,
   it is important for ETA to determine the number of individuals affected by the Gulf
   oil spill who received WIA and the W-P services from the workforce investment
   system. Likewise, it is equally important for ETA to know the characteristics,
   services, and eventual outcomes of the individuals affected by the Gulf oil spill who
   received services provided by the workforce investment system. Therefore, ETA
   requires that states collect information and report on individuals affected by the Gulf
   oil spill as they would on any other individual served under WIA or the W-P. States
   must modify their systems to support the collection of information for Gulf oil spill
   affected individuals. Further, states must identify the individuals affected by the Gulf
   oil spill who received WIA services in the WIA individual record (WIA Standardized
   Record Data or WIASRD) by using the appropriate identifier in field 313c. The
   appropriate code for each state is:
       STATE                                 CODE
       Alabama                               OS01
       Florida                               OS02
       Louisiana                             OS03
       Mississippi                           OS04
       Texas                                 OS05
   For the W-P funded employment services, states only report aggregate numbers to ETA.
   States must include these Gulf oil spill-affected individuals in their ETA 9002 reports as
   part of the totals reported to ETA; ETA is not requiring a separate count of such
   individuals in these reports. ETA has also asked Gulf oil spill-affected states for
   participant data on a weekly basis to assess trends in the need for services, and plans to
   continue requesting these data.
E. NEG Costs—State Responsibility in Seeking Reimbursement from BP and/or other
   fund source.
   Although the oil spill is not considered to be a major disaster allowing for the
   payment of DUA, states may apply for a NEG to provide services to Gulf oil spill-
   impacted individuals that cannot reasonably be accommodated with the state’s
   allotment of WIA Dislocated Worker formula funds. Several states, including
   Alabama, Florida, Louisiana and Mississippi, have received NEGs to provide
   services to individuals who are unemployed or lose self employment income as a
   result of the Gulf oil spill. As these NEGs were provided to the states for the sole
   purpose of assisting the states in the provision of services to oil spill-impacted
   individuals, the states should seek reimbursement from BP for any grant costs, as
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           discussed in the terms and conditions of the NEG award. Any reimbursements
           received must be treated as a refund to the grant, as discussed in this section.
       F. Disposition of Reimbursed WIA and W-P Monies. When the Grantee receives
          payment on its claims for reimbursement of grant costs from the RP and/or other fund
          source, the Grantee must treat these payments as a refund to the grant. The Grantee
          must use these refunds to reduce the costs of the grant in accordance with Generally
          Accepted Accounting Principles during the Grant Period. The Grantee must return
          all payments received after the end of the Grant Period to the Grantor in accordance
          with closeout requirements and 29 CFR 97.51(b).
9. OMB Approval. These instructions have been submitted to OMB as part of a non-substantive
   change to an existing collection (ETA 902, OMB Number 1205-0051) but have not yet been
   approved. Therefore, they should be considered draft instructions of a proposed data collection.
   ETA will notify states upon OMB approval and communicate any changes deemed necessary
   during the OMB approval process.
10. Action Requested. State administrators are requested to distribute this advisory to appropriate
    staff.
11. Inquiries. Questions should be addressed to the appropriate Regional Office.
12. Attachment. Attachment A-Proposed Data Collection For Gulf Oil Spill UC Template




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Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2010/TEGL14-10_attA.pdf

                                                  Attachment A—Data Collection For Gulf Oil Spill UI Template


                                   2010 Gulf Oil Spill Activity Report
                           Report
                             for
                           Period
        State:             Ending:



Section A. Application and Payment Activities
                            Line       Initial         First    Weeks       Weeks              Benefits
                          Number.     Claims         Payment   Claimed    Compensated           Paid.
                                                         s
                                           1            2         3            4                   5
Claimants                    101


Section B. Denial and Appeals Activity
                                         Weeks       Appeals   Appeals       In Favor of
                                         Denied       Filed    Disposed       Claimant
                           Line
                          Number.          6            7             8            9
Claimants                    201


Section C. Overpayment Activity and Administration
                                              Overpayments                              Administrative Costs


                            Line         Cases       Weeks     Amount       Personnel            NPS           AS&T
                           Number         10           11        12            13                  14           15
Claimants                    301




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