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FY 2023 Trade Adjustment Assistance training fund distribution

Summary ETA gives states their FY 2023 Trade Adjustment Assistance Training and Other Activities allocations and explains how to request the funds. The allocations use recent state expenditures, with a $100,000 minimum. It also reminds states to continue benefits, services, and outreach for workers covered by earlier certified petitions; funding requests were due within 30 days.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 02-23
Date issued
August 2, 2023
Status
Active
ETA lists this advisory as active and it prints an expiration date of Continuing. Its FY 2023 funding request window has passed.
Status last verified October 24, 2026

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About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                 Trade Adjustment Assistance
               ADVISORY SYSTEM                            CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                        OTAA
             Washington, D.C. 20210                       DATE
                                                          August 2, 2023

ADVISORY:       TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 02-23

TO:             STATE WORKFORCE AGENCIES
                STATE WORKFORCE LIAISONS
                AFFILIATE AMERICAN JOB CENTER MANAGERS
                COMPREHENSIVE AMERICAN JOB CENTER MANAGERS
                STATE WORKFORCE ADMINISTRATORS
                STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS
                STATE LABOR COMMISSIONERS
                RAPID RESPONSE COORDINATORS
                TRADE ADJUSTMENT ASSISTANCE LEADS

FROM:           BRENT PARTON
                Principal Deputy Assistant Secretary

SUBJECT:        Fiscal Year (FY) 2023 Trade Adjustment Assistance (TAA) Program Training
                and Other Activities (TaOA) Funds Distribution, SF-424 Instructions, and
                Grants Management Requirements for Accessing TaOA Funds

1. Purpose. To advise State Workforce Agencies, or agencies designated by Governors as
   “Cooperating State Agencies” (CSAs) (also jointly referred to as “states”) of the state
   distribution amounts of FY 2023 TAA Program TaOA funds.

2. Action Requested. States are required to implement the guidance set forth herein and must
   continue to administer the TAA Program in accordance with applicable regulations and
   administrative guidance. States must inform all appropriate staff of the contents of this
   guidance. States must complete their SF-424 and submit these forms via www.grants.gov no
   later than thirty days from the publication date of this guidance.

3. Summary and Background.

       a. Summary – Training and Employment Guidance Letter (TEGL) No. 24-20,
          Operating Instructions for Implementing the Reversion Provisions of the Amendments
          to the Trade Act of 1974 Enacted by the Trade Adjustment Assistance Reauthorization
          Act of 2015 reminds states that although the termination provision of the Trade
          Adjustment Assistance Reauthorization Act of 2015 (TAARA 2015) prohibits the
          Department from certifying petitions for TAA group eligibility as of July 1, 2022,
          workers certified as eligible to apply for assistance under a petition approved prior to
          July 1, 2022, and who were separated on or before June 30, 2022, continue to be

   RESCISSIONS                                             EXPIRATION DATE
   None                                                    Continuing

        entitled to TAA Program benefits and services. Attachment I to this TEGL contains
        the total amount of states’ FY 2023 TaOA allocation of funds based on each state’s
        most recent four quarters of expenditure data. The Department calculated each state’s
        expenditures over the four-quarters ending March 31, 2023. The Department then
        calculated 66% of that amount. That amount is reflected in Attachment I unless the
        calculation resulted in an amount less than $100,000. In those cases, the state will
        receive $100,000. States are required to continue to fully operate their TAA programs
        in accordance with the termination provision, which includes providing ongoing and
        sustained outreach to workers included in certifications who have not yet received
        services, and conducting the administrative activities described in 20 CFR
        618.860(b). For FY 2023, each state will receive a minimum allocation of $100,000
        of FY 2023 TaOA funds. To access FY 2023 TaOA funds, states must complete their
        SF-424 and submit these forms via www.grants.gov no later than thirty days from the
        publication date of this guidance.

     b. Background – TEGL No. 14-22, Trade Adjustment Assistance (TAA) for Workers
        Program Phase-out Termination Frequently Asked Questions (FAQs), is companion
        guidance to TEGLs No. 24-20 and its Change 1, Operating Instructions for
        Implementing the Reversion Provisions of the Amendments to the Trade Act of 1974
        Enacted by the Trade Adjustment Assistance Reauthorization Act of 2015. In these
        three TEGLs, the Department instructs states on how to operate the TAA Program,
        first under reversion and then under the current program, referred to as phase-out
        termination. Under phase-out termination, states must continue to provide ongoing
        and sustained outreach to identify affected workers and must serve any workers
        covered by a certified petition who were separated or threatened with separation from
        trade-affected employment on or before June 30, 2022. Case managers must continue
        to determine the best mix of benefits and services available to eligible workers based
        on the version of the TAA Program in effect when the petition covering the worker
        was filed. The TAA Program continues to operate under Section 285(a) of the Trade
        Act, as amended, and states are still obligated to comply with the provisions of
        Governor-Secretary Agreements executed between each State Governor and the
        Secretary of Labor. See 20 CFR § 618.804. The Department will continue to make
        funding available to the states as annual appropriations remain in effect while the
        program operates under phase-out termination.

4. FY 2023 TaOA Funds.

     a. Use of Funds –States may use TaOA funds to provide benefits and services to
        members of worker groups covered by a certification under the 2002 Program, the
        2009 Program, the 2011 Program, the 2015 Program, and the Reversion 2021
        program in accordance with the requirements in the TAA law in effect at the time of
        filing of such petition for certification. FY 2023 TaOA funds are available for
        expenditure for three fiscal years (FY 2023, FY 2024, and FY 2025). The 10-percent
        limitation on the use of TaOA funds for state administration will not apply to FY

   2023 funds to accommodate states’ need for administrative activities funds. In
   compliance with the Uniform Guidance at 2 CFR § 200.403(a), the use of such funds
   must be necessary and reasonable for the performance of the TAA Program. The
   provision of benefits and services during phase-out, including ongoing and sustained
   outreach activities, and to enroll members of worker groups certified on or before
   June 30, 2022, must be charged as employment and case management expenses. This
   includes providing employment and case management services to ATAA and RTAA
   recipients. These costs may not be charged as administrative costs. Section 20 CFR
   618.860(b) lays out the specific activities for which TAA Program TaOA
   administrative funds may be used. State administrative activities include
   recommending and reviewing the waiver of the training requirement; issuing,
   approving, continuing, or revoking training waivers; approving or denying training
   programs and plans; participating as needed in adjudication or appellate activity
   associated with any TAA benefit or service; and other administrative activities
   relating to the TAA Program.

b. Process for Requesting TaOA Reserve Funds – In the event a state needs an amount
   greater than the amount indicated on Attachment I of this guidance for the provision of
   benefits and services to eligible workers, the state should contact the appropriate
   Regional Office.

c. Grants Management – States must submit an FY 2023 SF-424 for the amount of
   funding set out for their state in Attachment I of this guidance. States must: 1) enter
   the announcement number of this TEGL, ETA-TEGL-NO-02-23, into the opportunity
   number field of the application, and 2) enter the applicable amount set out for the state
   in Attachment I of this TEGL as the dollar amount of funds requested for FY 2023.
   Attachment IV of this TEGL provides detailed instructions for submitting the SF-424
   and includes links to resources, including customer service contacts and other
   information, available at www.grants.gov. States must also submit their applications
   via www.grants.gov. The Department's Office of Grants Management (OGM), in
   conjunction in the Office of Trade Adjustment Assistance, will review the submitted
   application materials and request. Once approved, OGM will incorporate the
   application with the Annual Financial Agreement (AFA), which will be executed by
   the Department’s Grant Officer and transmitted to the Authorized Organizational
   Representative and the Point of Contact identified on the SF-424 for the state. Any
   subsequent changes to the information submitted on the SF-424
   (individuals identified, address, etc.) must be submitted to the Department as a request
   to modify the AFA via the assigned Federal Project Officer. Links to reporting
   databases, as well as general guidance on how to administer a grant award and the
   regulations governing grant awards, may be found at:
   https://www.dol.gov/agencies/eta/grants/management,TAA Community page at
   https://taa.workforcegps.org, our Office of Grants Management Grants Application
   and Management community page at:
   https://grantsapplicationandmanagement.workforcegps.org/resources/2016/12/14/10/4
   5/Grant-Management-Training, and in the Uniform Guidance at 2 CFR 200 et. seq. at:
   https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200.

5. Inquiries. Please direct inquiries to the appropriate Regional Office.

6. References.
      • Chapter 2 of Title II of the Trade Act of 1974, as amended (Pub. L. 93-618)
         (Trade Act) (codified at 19 U.S.C. 2271 et seq.);
      • Pub. L. 114-27, Trade Adjustment Assistance Reauthorization Act of 2015 (TAARA
         2015);
      • Trade Adjustment Assistance under the Trade Act of 1974, as Amended, 20 CFR Part
         618, 85 FR 51896 (August 21, 2020);
      • Agreement Between the Governor and Secretary of Labor, United States Department
         of Labor, to carry Out the Provisions of Subchapters A, B, and C of Chapter 2 of Title
         II of the Trade Act of 1974, as amended by the Trade Adjustment Assistance
         Reauthorization Act of 2015;
      • Joint WIOA Final Rule, as applicable, published in the Federal Register at:
         https://www.gpo.gov/fdsys/pkg/FR-2016-08-19/pdf/2016-15977.pdf;
      • Department-Only WIOA Final Rule, as applicable, published in the Federal
         Register at: https://www.gpo.gov/fdsys/pkg/FR-2016-08-19/pdf/2016-15975.pdf;
      • Consolidated Appropriations Act, 2023, Division H, (Pub. L. 117-328), Enacted
         December 29, 2022;
      • 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and
         Audit Requirements for Federal Awards) and 2 CFR part 2900 (Department’s
         Supplement to 2 CFR part 200);
      • Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA), as
         amended by the Budget Control Act of 2011 (BCA);
      • TEGL No. 24-20 and its Change 1, Operating Instructions for Implementing the
         Reversion Provisions of the Amendments to the Trade Act of 1974 Enacted by the
         Trade Adjustment Assistance Reauthorization Act of 2015;
      • TEGL No. 17-16, Infrastructure Funding of the One-Stop Delivery System;
      • TEGL No. 03-19, Real Property Under Employment and Training
      • Administration-Funded Grants; and
      • TEGL No. 10-19, Technical Assistance regarding the Submission Deadline for
         the Unified and Combined State Plans under the Workforce Innovation and
         Opportunity Act (WIOA) for Program Years (PYs) 2020-2023 and Other Related
         Requirements.

7. Attachment(s).
      • Attachment I – FY 2023 Training and Other Activities (TaOA) State Amounts
      • Attachment II – Award Description for Trade Adjustment Assistance (TAA) Program
         Training and Other Activities (TaOA) Grants
      • Attachment III – TAA Program Requirements
      • Attachment IV – Form SF-424 Submission Instructions
      • Attachment V – Use of Funds for Systems Development and Maintenance

                                                                      Attachment I
Fiscal Year (FY) 2023 Trade Adjustment Assistance (TAA) Program
     Training and Other Activities (TaOA) Allocations, by State

                                              FY 2023 Allocation
                       State
                                                  Amounts
Alabama                                       $             107,176
Alaska                                        $             100,000
Arizona                                       $             100,000
Arkansas                                      $             205,749
California                                    $           1,105,666
Colorado                                      $             492,166
Connecticut                                   $             214,178
Delaware                                      $             100,000
District Of Columbia                          $             100,000
Florida                                       $             156,728
Georgia                                       $             369,291
Hawaii                                        $             100,000
Idaho                                         $             100,000
Illinois                                      $             462,057
Indiana                                       $             315,636
Iowa                                          $             263,170
Kansas                                        $             111,130
Kentucky                                      $             202,944
Louisiana                                     $             100,000
Maine                                         $             100,000
Maryland                                      $             100,000
Massachusetts                                 $             584,169
Michigan                                      $             433,602
Minnesota                                     $             600,747
Mississippi                                   $             100,000
Missouri                                      $             210,524
Montana                                       $             100,000
Nebraska                                      $             100,000
Nevada                                        $             100,000
New Hampshire                                 $             100,000
New Jersey                                    $             192,793
New Mexico                                    $             280,659
New York                                      $             906,396
North Carolina                                $             528,613
North Dakota                                  $             100,000
Ohio                                          $             647,263
Oklahoma                                      $             100,000
Oregon                                        $           2,121,013
Pennsylvania                                  $           1,761,749
Puerto Rico                                   $             100,000
Rhode Island                                  $             100,000
South Carolina                                $             300,464
South Dakota                                  $             100,000
Tennessee                                     $             406,448
Texas                                         $           1,609,876
Utah                                          $             100,000
Vermont                                       $             100,000
Virginia                                      $             100,000
Washington                                    $             866,399
West Virginia                                 $             282,534
Wisconsin                                     $             319,816
Wyoming                                       $             100,000
TOTAL                                               $18,358,956.00

                                                                    ATTACHMENT II

    Award Description for Trade Adjustment Assistance (TAA) Program
              Training and Other Activities (TaOA) Grants

Award Description. States receiving an award must comply with the Trade Act of 1974
as amended, the TAA Program Regulations, the Notice of Award which the Department
provides at the time of the award, applicable program guidance, applicable agreements
governing the TAA Program such as Governor-Secretary Agreement, and the TAA
Annual Funding Agreement.

1. Purpose: States may use TAA Program TaOA funds provided under this grant to
   cover the cost of related state administration and the provision of training,
   employment and case management services including ongoing and sustained
   outreach, job search allowances, and relocation allowances to trade affected workers.

2. Activities to be Performed: States must continue to operation the TAA Program
   incompliance with the regulations at 20 CFR part 618, published in the Federal
   Register on August 21, 2020, applicable statutes, and guidance governing the TAA
   Program that describe program requirements and states’ responsibilities regarding the
   use of TAA program TaOA funds.

3. Expected Outcomes: States must use TAA Program funds provided under this grant
   to operate the TAA Program in support of the goals, objectives, and outcomes
   provided in the FY 2023 Federal Unemployment Benefits and Allowances section of
   the President’s Annual Budget.

4. Intended Beneficiaries: TaOA grant funds are intended to serve trade affected
   workers. Adversely affected workers are, individuals who, because of lack of work in
   adversely affected employment, have been totally or partially separated from such
   employment; and, adversely affected incumbent workers (individuals who (A) are
   members of a group of workers who have been certified as eligible to apply for
   adjustment assistance; (B) have not been totally or partially separated from adversely
   affected employment; and (C) workers for whom the Secretary determines, on an
   individual basis, are threatened with total or partial separation).

5. Subrecipient Activities: Subrecipient means a non-Federal entity or Federal agency
   that receives a subaward from the grant award recipient under the TaOA funds award.
   Subrecipients are accountable to the grantee for the use of the Federal funds provided
   by the subaward. Specifications of subrecipient activities and the requirements
   subrecipients must comply with, are set out in the TAA Annual Funding Agreement,
   which DOL sends to each grantee upon grant award.

                                                                            ATTACHMENT III
                                 TAA Program Requirements

A. Overview. The TAA Program includes training, employment and case management services,
   job search allowances, relocation allowances, Trade Readjustment Allowances (TRA),
   Alternative Trade Adjustment Assistance (ATAA), and Reemployment Trade Adjustment
   Assistance (RTAA). TAA Program Training and Other Activities (TaOA) funds provided
   under this grant award may be used for: the cost of training (and training related costs),
   employment and case management services including outreach activities, job search
   allowances, relocation allowances, and related state administration. Funds for TRA, ATAA,
   and RTAA are governed by the Trade Act of 1974, as amended, 20 CFR part 618,
   administrative guidance and, the terms and conditions of the Unemployment Insurance
   Annual Funding Agreement (AFA).

B. States’ Responsibilities. The Trade Act of 1974, as amended, 20 CFR part 618, and
   Agreements Between the Governor and Secretary of Labor, outline states’ responsibilities for
   ensuring that Workforce Innovation and Opportunity Act (WIOA) partner programs are
   integrated into the American Job Center (AJC) network, also known as the one-stop system.
   The TAA Program is a required one-stop partner under the WIOA statute and regulations at
   WIOA sec. 121(b)(1)(B), 20 CFR 678.400, 34 CFR 361.400, and 34 CFR 463.400,
   respectively. As a WIOA required partner, the TAA Program is responsible for providing
   access to TAA benefits and services to adversely affected workers through the AJC network.
   As explained in the Required Elements for Submission of the Unified and Combined State
   Plan and Plan for Modifications under WIOA, states must integrate TAA Program services
   into their one-stop delivery system; provide rapid response and appropriate career services to
   worker groups on whose behalf a petition has been filed; and disseminate benefit information
   that provides workers an accurate understanding of the TAA Program’s benefits and services.
   States must also use their AJCs as the main point of contact for participant intake and the
   delivery of TAA benefits and services. For additional information about this and other State
   Plan requirements, see TEGL No. 04-21, Modification Requirements for Workforce
   Innovation and Opportunity Act (WIOA) State Plans for Program Years (PYs) 2022 and
   2023.

   1) Program Access
       If the TAA Program is carried out in a local area, the state must provide access to the
       TAA Program services in the local area’s comprehensive one-stop centers in accordance
       with 20 CFR 678.305(d) and with WIOA sec. 121(b)(1)(A)(i). Access to the TAA
       Program occurs in one of three ways:
           a) Option 1: Having a TAA Program staff member, whether fully or partially funded
              by TAA, physically present at the one- stop center and responsible for TAA;
           b) Option 2: Having a staff member from a different partner program physically
              present at the one-stop center appropriately trained to provide information to

                                                                         ATTACHMENT III
                             TAA Program Requirements
         customers about the TAA Program, services, and activities available through all
         partner programs; or
      c) Option 3: Making available a direct linkage through technology to a TAA
         Program staff member who can provide meaningful information or services.
   The options above offer a wide range of possibilities to partners. Option 2 could require a
   state to have varying levels of assistance depending on the trade-affected worker’s needs.
   For example, this could be as simple as having an adequately trained one-stop center staff
   member providing basic program information to a one-stop customer regarding group
   and individual eligibility requirements of the TAA Program. In this example, the partner
   staff member has been trained on TAA Program eligibility requirements, as well as how
   to search for and file a TAA petition. Once the Department renders a determination on a
   petition, the partner staff member will connect the worker to appropriately trained one-
   stop center staff who can further assist them. If the petition is certified, the worker is
   eligible to apply for individual benefits and appropriately trained one-stop center staff
   must guide them through the application and enrollment process. This option allows the
   customer to receive high-quality service through the one-stop center in a timely manner.
   The third option, Option 3, a direct linkage, can take many forms as well. As described in
   20 CFR 678.305(d)(3), a “direct linkage” means providing a direct connection at the one-
   stop center within a reasonable time, by phone or through a real-time web-based
   communication, to a program staff member who can provide program information or
   services, including career services, to the customer. Solely providing a phone number,
   website, information, pamphlets, or materials does not constitute a “direct linkage.”
   The flexibility provided through the three optional methods for assuring customer access
   to required one-stop center partner services and activities at the comprehensive centers
   ensures that the TAA Program remains accessible through the one-stop center network.
2) Compliance with Regulations and Guidance
   In performing its responsibilities under the Governor-Secretary Agreement, as a
   condition for receipt of funds, the state agrees to fully comply with all program
   regulations and administrative directives, including, but not limited to:
      a) Trade Adjustment Assistance Final Rule, 20 C.F.R. Part 618, published in the
         Federal Register at: https://www.federalregister.gov/documents/2020/08/21/2020-
         13802/trade-adjustment-assistance-for-workers, effective on September 21, 2020;
      b) Joint WIOA Final Rule, as applicable, published in the Federal Register at:
         https://www.gpo.gov/fdsys/pkg/FR-2016-08-19/pdf/2016-15977.pdf;
      c) Department-Only WIOA Final Rule, as applicable, published in the Federal
         Register at: https://www.gpo.gov/fdsys/pkg/FR-2016-08-19/pdf/2016-15975.pdf;
      d) Consolidated Appropriations Act, 2023, Division H, (Pub. L. 117-328), enacted
         December 29, 2022;

                                                                           ATTACHMENT III
                             TAA Program Requirements
      e) 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and
         Audit Requirements for Federal Awards) and 2 CFR part 2900 (Department’s
         Supplement to 2 CFR part 200);
      f) Chapter 2 of Title II of the Trade Act of 1974, as amended (Pub. L. 93-618)
         (Trade Act) (codified at 19 U.S.C. 2271 et seq.);
      g) Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA), as
         amended by the Budget Control Act of 2011 (BCA);
      h) Delivery of Benefits and Services to Trade Adjustment Assistance (TAA) Program
         Recipients through the American Job Center Network Delivery System;
      i) TEGL No. 17-16, Infrastructure Funding of the One-Stop Delivery System;
      j) TEGL No. 03-19, Real Property Under Employment and Training
         Administration-Funded Grants;
      k) TEGL No. 13-20, Fiscal Year (FY) 2021 Trade Adjustment Assistance (TAA)
         Training and Other Activities (TaOA) Grant Management Guidance;
      l) TEGL No. 24-20 and Change 1: Operating Instructions for Implementing the
         Reversion Provisions of the Amendments to the Trade Act of 1974 Enacted by the
         Trade Adjustment Assistance Reauthorization Act of 2015;
      m) TEGL No. 13-21, Trade Adjustment Assistance (TAA) for Workers and
         Alternative Trade Adjustment Assistance (ATAA) and Reemployment Trade
         Adjustment Assistance (RTAA) Program Operations after June 30, 2022;
      n) TEGL No. 14-21, Fiscal Year (FY) 2022 Trade Adjustment Assistance (TAA)
         Training and Other Activities (TaOA) Grant Management Guidance; and
      o) TEGL No. 14-22, Trade Adjustment Assistance (TAA) for Workers Program
         Phase-out Termination Frequently Asked Questions (FAQs).

3) Compliance with Requirements
   In performing its responsibilities under this award, the state hereby certifies and assures
   that it will fully comply with the following requirements:
   a) Real Property. The requirements and restrictions related to real property in 2 CFR §
      200.439(b)(3), provide that capital expenditures for improvements to land or
      buildings, which materially increase their value or useful life, are unallowable as a
      direct cost, except in cases where the Grant Officer has granted prior written
      approval. All requests for construction related expenses must come to the Secretary of
      Labor for prior approval.
   The requirements relating to Real Property, above and explained in TEGL No. 03-19,
   Real Property Under Employment and Training Administration-Funded Grants, also
   apply. This guidance provides information on using ETA grant funds for capital
   expenditures and other real property costs, depreciation, maintaining insurance, handling
   idle facilities and idle facility capacity, retaining records, disposing of real property
   acquired with ETA grant funds; renting real property, and using and disposing of SWA
   real property that has DOL equity or Reed Act equity.

                                                                     ATTACHMENT III
                         TAA Program Requirements
b) Equipment. Equipment purchases under the TAA Program are subject to the
   provisions at 2 CFR § 200.313. Consistent with 20 CFR § 618.860(c)(1), the
   Department delegates the authority of prior approval to the Governor for equipment
   purchases made using TaOA funds.

c) Oversight Roles and Responsibilities. Each recipient and subrecipient of funds under
   the Trade Act, as amended, must conduct regular oversight and monitoring of its
   program and those of any subrecipients and contractors as required under WIOA sec.
   239(i), and 2 CFR part 200, including 2 CFR § 200.331 through 2 CFR § 200.333,
   in order to:
   i. determine that expenditures have been made against the proper cost categories
        and within the cost limitations specified in the Act, the regulations, and
        administrative guidance;
   ii. determine whether there is compliance with other provisions of the Act, the
        regulations, and administrative guidance;
   iii. assure compliance with 2 CFR part 200 and the Department’s exceptions at 2
        CFR part 2900;
   iv. assure compliance with 20 CFR part 618; and,
   v. determine compliance with the nondiscrimination, disability, and equal
        opportunity requirements of sec. 188 of WIOA, including the Assistive
        Technology Act of 1998 (29 U.S.C. 3003).
d) Procedures and Resolution of Findings. (See 20 CFR § 618.860 (d)(2))
    i. Oversight and monitoring. Each recipient and subrecipient of funds under the
        Act must conduct regular oversight and monitoring of its program and those of
        any subrecipients and contractors,
    ii. Resolution of subrecipient-level findings.
       (1) The Governor is responsible for resolving findings that arise from state and
           Federal monitoring reviews, investigations, and audits (including under 2
           CFR part 200) of subrecipients awarded funds through the Trade Act, as
           amended.
           (a) A state must use the written monitoring and audit resolution, debt
               collection and appeal procedures that it uses for other Federal grant
               programs.
           (b) If a state does not have such written procedures, it must prescribe
               standards and procedures to be used for this grant program.
       (2) For subrecipients awarded funds through a pass-through entity, the pass-
           through entity must ensure that the subrecipient has written monitoring and
           resolution procedures in place that are consistent with 2 CFR part 200.
   iii. Resolution of state findings.

                                                                             ATTACHMENT III
                                 TAA Program Requirements
               (1) The Secretary is responsible for resolving findings that arise from Federal
                   audits, monitoring reviews, investigations, incident reports, and audits under
                   2 CFR part 200 for direct recipients of Federal awards under the Trade Act,
                   as amended.
               (2) The Secretary will use the Department’s audit resolution process, consistent
                   with 2 CFR part 200, Subpart F.
               (3) A final determination issued by a Grant Officer under this process may be
                   appealed to the Department’s Office of Administrative Law Judges under the
                   procedures in 2 CFR § 2900.22.
       e) Nondiscrimination. Requirements and restrictions for nondiscrimination and equal
          opportunity, which are provided in 29 CFR part 38, Implementation of the
          Nondiscrimination and Equal Opportunity Provisions of WIOA.
C. Use of Funds. States may use TaOA funds to provide training, job search allowances,
   relocation allowances, and employment and case management services to members of worker
   groups covered by a certification – including outreach to workers - under all versions of the
   TAA Program, in accordance with the requirements of the TAA law in effect at the time of
   filing of such petition for certification. States may use TaOA funds for TAA Program related
   state administration to provide outreach to trade affected workers, pay for the TAA
   Program’s share of AJC infrastructure costs, and for systems development and maintenance.
   See Attachment V of this guidance, Use of Funds for Systems Development and
   Maintenance, for additional information.
   In FY 2023, the expenditures for related state administration under the FY 2023 awards are
   not limited to 10 percent of the total amount of TaOA funds awarded to the state. State
   expenditures for employment and case management services costs, including outreach
   activities, must not be less than 5 percent of TaOA funds awarded under the FY 2023
   allocation. ETA strongly recommends that recipients spend funds with the shortest period of
   availability first.
D. Deobligation of Funds. The Recipient agrees to accept a deobligation of the TaOA funds, as
   set forth in the Notice of Award, in the event of underutilization of those funds. The Grantor
   will consider underutilization of TaOA funds to exist when the Recipient will be unable to
   use some or all of the unexpended and/or unobligated balance of such funds provided to the
   recipient within a reasonable period of time. Underutilized funds will be recaptured only after
   notification to and consultation with the Recipient.

E. Remedies. All TAA Program funds must be expended in accordance with the provisions of
   the AFA and any special terms and conditions of approved funding requests. Any
   expenditure of funds that does not comply with these provisions will be subject to the
   enforcement remedies at 2 CFR § 200.339, and the procedures located at 2 CFR § 2900.20
   through 2900.22, 20 CFR § 618.804, or any succeeding regulations. The state will take such
   action as is reasonably necessary to recover for the account of the United States all amounts

                                                                             ATTACHMENT III
                                 TAA Program Requirements
   paid out as program benefits or services that were erroneously paid to ineligible claimants or
   others, and to restore any losses or misapplication of funds allocated to the state for TAA
   Program benefits or services.

F. Merit Staff. The state agrees that staff employed to carry out state administration of the TAA
   Program and funded by the TAA Program, will comply with 20 CFR § 618.890.

G. Administrative and Program Costs. The administrative cost limit of the FY 2023 TaOA
   funding allocation is explained above in paragraph C of this Attachment III, with which
   states must comply. For purposes of the TAA Program, the costs of administration are
   established at 20 CFR § 618.860(b). For FY2023 funds, the 10 percent limit on
   administrative expenditures does not apply.

H. Ongoing and Sustained Outreach. Although the TAA Program is currently in a phase out
   termination status, states are still required to conduct ongoing and sustained outreach to
   members of certified worker groups who were separated from adversely affected
   employment on or before June 30, 2022, and to provide eligible workers with the benefits
   and services available under the TAA Program.

                                                                               ATTACHMENT IV

          Submission Instructions for (TaOA) Funding via SF-424 and Grants.gov

        Document submission for TAA Program TaOA funds for FY 2023 through
www.grants.gov are the same procedure the Department instructed grantees to follow to apply
for FY 2022 TaOA funds, with one change. On Line 18 of the SF-424, states will enter the
amount of funding set out in Attachment I of this TEGL, rather than entering an estimate, as
done in previous years. For FY 2023, the Department is allocating FY 2023 funding in a single
distribution; therefore, it is not necessary to enter an estimate. The information below is provided
to augment the instructions available on the www.grants.gov website and pertains to the SF-424.
States must enter the exact amount of funds indicated in Attachment I of this guidance for their
state on Line 18 of the SF-424 and submit this form via www.grants.gov.

     In the event you encounter a problem with your submission via the www.grants.gov website
and do not find a resolution in any of the other resources, call the www.grants.gov support center
for assistance at 1-800-518-4726 or 1-606-545-5035, to speak to a customer support
representative or email [email protected]. The www.grants.gov contact center is open 24
hours a day, seven days a week except for Federal holidays. Note, the links in the sections below
require Internet Explorer version IE11 or higher, Chrome, or Firefox. Please use one of these
browsers to access the information available on the link.

1. Timely SF-424 Submissions. To allow time to process FY 2023 TaOA grants and allocate
   requested funds to states, the Department strongly encourages states to submit their SF-424
   TaOA via www.grants.gov as soon as possible, and no later than thirty (30) days after the
   publication date of this guidance. States are strongly advised to initiate the application
   submission and validation process via www.grants.gov as soon as possible and to plan for
   time to resolve technical problems. Since it is the state’s responsibility to ensure a timely
   submission of their SF-424, states are encouraged to allot time for submission (two business
   days) and, if applicable, additional time to address errors and receive validation upon
   resubmission (an additional two business days for each ensuing submission). Only
   applications that have been successfully submitted in www.grants.gov by the deadline, which
   is 30 calendar days from the issue date of this guidance, and subsequently successfully
   validated by www.grants.gov, will be considered timely. Please note, validation in
   www.grants.gov does not mean the state’s application has been accepted as complete or has
   been accepted for review. Rather, www.grants.gov only verifies the submission of certain
   parts of the application.

2. How to Submit an Application. Applicants can apply on www.grants.gov using Workspace,
   https://www.grants.gov/web/grants/applicants/workspace-overview.html. Workspace is a
   shared online environment that allows organizations or individuals to apply for federal grants
   by enabling multiple simultaneous form access and editing within a single application. To
   access complete instructions, see: https://www.grants.gov/web/grants/applicants/apply-for-
   grants.html. To apply for FY 2023 TaOA grant funds once you have logged into Workspace,
   select Search Grants at: https://www.grants.gov/web/grants/applicants/apply-for-grants.html,
   and enter ETA-TEGL- NO-02-23 in the Opportunity Number field of the Basic Search
   Criteria box. Be careful to use the specific syntax: ETA-TEGL-NO-02-23.

                                                                                  ATTACHMENT IV

         Submission Instructions for (TaOA) Funding via SF-424 and Grants.gov

3. Important Information.
   • Completing a grant application requires the state to enter the organization’s Authorized
     Organizational Representative (AOR) Username and Password. If the state does not have
     the AOR’s Username and Password, please register as a new user here:
     https://apply07.grants.gov/apply/register.faces. Note, if the state already has a
     www.grants.gov account and knows or can retrieve the AOR’s logon information using
     the Forgot Username or Password function, there is no need to register another account
     to apply for FY 2023 TaOA grant funds.

   •    When a state submits its application via www.grants.gov, an electronic time stamp is
       generated within the system when the application is successfully received by
       www.grants.gov. Grants.gov will send the applicant AOR an email acknowledgement of
       receipt and a tracking number, e.g., (GRANTXXXXXXXX), with the successful
       transmission of the application, serving as proof of their timely submission. During this
       process, the applicant will receive two email messages to provide the status of the
       application’s progress through the system.
           o The first email, sent almost immediately, will contain a tracking number and will
               confirm receipt of the application by www.grants.gov.

           o The second email will indicate that the application has either been successfully
             validated or has been rejected due to errors.

   •   Effective April 4, 2022, the Data Universal Numbering System (DUNS) Number was
       replaced by a new, non-proprietary identifier requested in and assigned by the System for
       Award Management (SAM) www.SAM.gov (access requires Internet Explorer version of
       IE11 or higher, Chrome, or Firefox). This new identifier is being called the Unique Entity
       Identifier (UEI), or the Entity ID. Each applicant must have a UEI number and must be
       registered with www.SAM.gov before submitting an SF-424 Form in www.grants.gov.
       SAM.gov is an official government website that allows applicants to: 1) register to do
       business with the U.S. government; 2) update or renew entity registration; 3) check the
       status of an entity registration; or 4) search for entity registration and exclusion records.
       Applicants must have an active registration in SAM to complete the SF-424. If the
       applicant’s registration in SAM is expired, www.grants.gov will reject the application.

   •   The official, electronically signed SF-424 Form must reflect the state amount listed in
       Attachment I for the requested estimated funding total in item #18, the Catalog of Federal
       Domestic Assistance Number “17.245” for item #11, and the grantee’s 12-character UEI
       listed for item #8c on the SF-424 Form. Also, item #15 of the SF-424 must indicate the
       amount of Indirect Costs claimed by the recipient, if any.

   •   To ensure consideration, the components of the application must be saved as .doc, .docx,
       .xls, .xlsx, .rtf, or .pdf files. If submitted in any other format, the applicant bears the risk
       that compatibility or other issues may prevent a state’s application from being
       considered. The Department will attempt to open the document but will not take any

                                                                          ATTACHMENT IV

      Submission Instructions for (TaOA) Funding via SF-424 and Grants.gov

    additional measures in the event of problems with opening it (i.e., conversions of any
    kind).

•   The Department strongly advises applicants to use the various tools and documents,
    including Frequently Asked Questions that are available on the “Applicant Resources”
    page at: https://www.grants.gov/web/grants/applicants/applicant- faqs.html.

•    To receive updated information about critical issues, new tips for users, and other time
    sensitive updates as information becomes available, subscribe to www.grants.gov updates
    at: https://www.grants.gov/web/grants/manage- subscriptions.html.

                                                                                    Attachment V

    Use of Training and Other Activities Funds for Systems Improvement, Enhancement and
                                          Maintenance

Consistent with 20 CFR § 618.860(i), 20 CFR § 618.860(b)(5)(i) through (iii), 20 CFR §
618.305, and 20 CFR § 618.804, states shall use TAA Program Training and Other Activities
(TaOA) administration and employment and case management funds in the purchase of,
development of, maintenance of, and operational costs for all systems, including related
Unemployment Insurance systems, used in carrying out the TAA Program. States are required to
dedicate an appropriate portion of funding for this purpose.

Optimal operations of these systems provide a way for states to: 1) better serve adversely
affected workers; 2) ensure accuracy of issuance, receipt, and reporting on TAA Program
benefits and services; 3) ensure accuracy and timeliness of tracking the use of appropriated funds
for TAA Program obligations and expenditures; and 4) reduce improper payments. States must
use TaOA funds for these purposes to comply with the guidance provided in this TEGL and the
regulations cited below:

   •   § 618.860 General fiscal and administrative requirements and cost classification. See
       (b)(5)(i) through (iii).

       (5) Costs of the information systems in paragraphs (b)(5)(i) through (iii) of this section,
       including the purchase, systems development, and operational costs, are charged to the
       program category:
       (i) Tracking or monitoring of participant and performance information, including
       employment and case management services and activities;
       (ii) Employment statistics information, including job listing information, job skills
       information, and demand occupation information. States must leverage existing resources
       provided under other Federal programs; and
       (iii) Maintenance and enhancement of the systems specified in paragraphs (b)(5)(i) and
       (ii) of this section.

   •   § 618.860(i) Designation of resources for Management Information Systems (MIS)
       development. States are required to dedicate an appropriate portion of administrative and
       employment and case management funding under TAA for management information
       systems development, upgrades, and ongoing maintenance.

   •   § 618.305 The Trade Adjustment Assistance Program as a one-stop partner.
       (a) As provided by WIOA section 121(b)(1)(B)(vii), the TAA Program is a required one-
       stop partner under WIOA.
       (b) The State must ensure that the TAA Program complies with WIOA's one-stop
       partnership requirements at WIOA section 121(b)(1)(A)(i) through (v). This includes,
       among the other requirements, paying infrastructure costs where the TAA Program is
       being carried out. (c) The TAA Program must also comply with, and be a party to, the
       memorandum of understanding required under the regulations implementing WIOA at §
       678.500 of this chapter, where the TAA Program is being carried out.

                                                                             Attachment V

Use of Training and Other Activities Funds for Systems Improvement, Enhancement and
                                      Maintenance
• § 618.804 Agreements with the Secretary of Labor.
  (a) Authority. A State or CSA must, before performing any function or exercising any
  jurisdiction under the Act and this part, execute an Agreement meeting the requirements
  of the Act with the Secretary.
  (h)(3) The requirement that the State supply data to the Department on national TAA
  Program performance goals identified in applicable regulations, the Department's written
  directives, or any other written means used to communicate such goals.

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