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National Dislocated Worker Grant program guidance
Summary ETA explains how state and local workforce systems may seek and administer National Dislocated Worker Grants after disasters or major employment dislocations. The letter covers grant types, application and funding rules, allowable costs, performance reporting, and post-award requirements. It rescinds TEGL 16-21 and TEGL 04-18.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 09-24
Date issued
December 17, 2024
Status
Active
ETA lists this advisory as active. It prints an expiration date of Continuing and expressly rescinds TEGL 16-21 and TEGL 04-18.
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 WIOA - DWG
ADVISORY SYSTEM CORRESPONDENCE SYMBOL
U.S. DEPARTMENT OF LABOR OWI
Washington, D.C. 20210 DATE
December 17, 2024
ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 09-24
TO: STATE WORKFORCE AGENCIES
STATE WORKFORCE ADMINISTRATORS
STATE WORKFORCE LIAISONS
STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS
LABOR COMMISSIONERS
AMERICAN JOB CENTERS
WIOA SECTION 166(c) INDIAN AND NATIVE AMERICAN PROGRAM
GRANTEES
RAPID RESPONSE COORDINATORS
TRADE ADJUSTMENT ASSISTANCE LEADS
FROM: JOSÉ JAVIER RODRÍGUEZ
Assistant Secretary
SUBJECT: Updated National Dislocated Worker Grant Program Guidance and Application
Information
1. Purpose. To inform the state and local workforce development system of the policies and
priorities that govern the award and use of National Dislocated Worker Grant (DWG) funds,
pursuant to the Workforce Innovation and Opportunity Act (WIOA), Title I, Section 170.
2. Action Requested. Please share with all staff who administer DWGs. The workforce
development system and all DWG recipients should review and update applicable policies
and procedures to comply with this TEGL.
3. Summary and Background.
a. Summary – This TEGL describes the policies and priorities that govern the DWG
program, including the types of DWGs; grant funding approach; period of performance
and period of expenditure; cost limitations; administrative policies; application
requirements; performance targets and reporting; and post-award policies. The TEGL
also highlights the importance and value of DWGs in the broader context of good jobs,
economic recovery, community resilience, and equitable workforce development
activities.
This TEGL rescinds and replaces TEGL No. 16-21, Updated National Dislocated Worker
Grant Program Guidance, dated June 16, 2022, and TEGL No. 04-18, National Health
Emergency Phase Two: Disaster Recovery National Dislocated Worker Grants to
RESCISSIONS EXPIRATION DATE
TEGL 16-21 Continuing
TEGL 04-18
Address the Opioid Crisis, dated September 14, 2018. As the opioid grants are also
disaster recovery DWGs, this change better aligns the guidance for DWGs addressing the
opioid public health emergency with all other Disaster Recovery DWGs. It ensures that
current guidelines and practices are applicable to all Disaster Recovery DWG applicants,
to include opioid-related requests made while the public health emergency declaration
remains in effect. As a result, all eligible applicants will follow this guidance and any
subsequent DWG program guidance.
b. Background – DWGs are discretionary grants awarded by the Secretary of Labor under
Section 170 of WIOA to provide employment-related services for dislocated workers and
other eligible individuals.
DWGs provide supplemental funding in response to major economic dislocations or other
events that cause or contribute to a shortage of existing WIOA Dislocated Worker
formula funds and other relevant resources in states and local areas, creating challenges
in their ability to provide workforce services to eligible participants. DWGs enable states
and communities to respond to and recover from large, often unexpected dislocation
events and their associated impacts.
The WIOA statute allows the Employment and Training Administration (ETA) to fund
two types of DWGs: Disaster Recovery and Employment Recovery. Disaster Recovery
DWGs provide funding to create temporary employment opportunities to assist with
clean-up and recovery efforts when an area impacted by an emergency or major disaster
is declared eligible for public assistance by the Federal Emergency Management Agency
(FEMA) or is declared or recognized as an emergency or disaster of national significance
by a Federal agency with authority or jurisdiction over Federal response to the disaster or
emergency, including public health emergencies. Employment Recovery DWGs expand
capacity to serve dislocated workers and to meet the increased demand for employment
and training services following a qualifying dislocation event such as a mass layoff, plant
closure, or higher-than-average demand for employment and training activities for
dislocated members of the Armed Forces and their spouses. While the two DWG types
serve different purposes, both play an important role in helping communities, individuals,
and businesses recover from large-scale economic events.
Disaster Recovery DWGs are awarded to help communities address and recover from the
impacts of a disaster or emergency including public health emergencies, and to help
develop a workforce better equipped for resiliency to disaster events in the future. ETA
expects that the State Workforce Agency (or DWG grant recipient or subrecipient) is an
active participant in connecting the activities of the Disaster Recovery DWG to overall
disaster relief efforts led by FEMA or state emergency officials and bring a workforce
development perspective to disaster response. Disaster Recovery DWG applicants must
identify a point of contact within the state emergency management structure and describe
any coordination that has occurred by the time of the application, or any plans for
coordination post-award, between the grant recipient and the relevant emergency
management agency or individuals (see Attachment 1, Section 2A, Demonstrating
Coordination with Emergency Management Agencies). This planning will position the
DWG to be better coordinated with existing or developing emergency response efforts.
ETA will also use this information to facilitate any necessary communication with
FEMA. To best prepare for operating a Disaster Recovery DWG when one is needed,
states and other entities eligible to apply for Disaster Recovery DWGs are encouraged to
maintain readiness and play a role in disaster preparedness by actively:
• Supporting and participating in disaster preparedness planning activities carried
out by state emergency management agencies or others; and
• Planning in advance for the types of disaster-relief employment positions that pay
competitive wages and are with employers with a demonstrated commitment to
worker safety and health. (Note that such positions must abide by employment
laws and certain standards described in Attachment I).
Employment Recovery DWGs are a powerful tool for supporting economic and
employment-related recovery after mass layoffs or other instances of large-scale job loss
and the associated employment impacts that these losses may generate. When such
events occur, the economic and other impacts can be widespread and negatively affect
workers, businesses, and communities, as well as the ability of the public workforce
system to effectively serve dislocated workers. Employment Recovery DWGs enable the
delivery of critical career, training, and other resources to support reemployment efforts,
assist strategic efforts to develop or enhance job quality, address the unique needs of
historically marginalized individuals and communities affected by layoffs, and more.
ETA encourages projects funded with DWG resources to align with existing state and
local strategic priorities and focus on preparing dislocated workers and other eligible
individuals for good jobs that include family-supporting wages and benefits, worker
voice in employment conditions, and equal opportunity.1
WIOA considers DWGs to be part of a continuum of support for workers, businesses and
communities that begins with early intervention or layoff aversion activities. The
continuum of services also includes planning for large-scale layoffs, and using resources
from other WIOA programs and from federal, state, and local economic development
agencies or from other agencies. This coordinated support mitigates the impacts of
layoffs and unemployment caused by many factors, including, for example, mass layoffs
preceded by Worker Adjustment and Retraining Notification (WARN) Act notices,
retaliatory terminations or retaliatory layoffs after workers reported unsafe or unlawful
working conditions, a series of related layoffs in a single industry, and other layoff
situations. The American Job Center (AJC) Network, which is funded on an annual basis
and has physical and virtual locations across the country, provides regular assistance to
people out of work. Formula-funded WIOA resources exist to support workers and job
seekers under a variety of circumstances. Regardless of the cause of job loss, an affected
worker accessing an AJC is likely the quickest and best route to obtaining support for
finding new employment opportunities, and so coordination across resources is critical.
1
For more detailed information on what the Department of Labor considers “good jobs,” why job quality is
important, and how the workforce system should integrate good job strategies into its activities see TEGL No. 07-
22.
To maximize the effectiveness of early intervention strategies for dislocated workers, and
to deliver services while a DWG application is pending, states are encouraged to use the
flexibility contained in the WIOA for comprehensive Rapid Response services. States
and local workforce areas should always prioritize efforts designed to prevent or
minimize the impacts of dislocations through layoff aversion efforts through Rapid
Response before requesting supplemental funds through a DWG. More information on
Rapid Response and layoff aversion activities may be found in Training and Employment
Guidance Letter (TEGL) 19-16, Guidance on Services provided through the Adult and
Dislocated Worker Programs under the Workforce Innovation and Opportunity Act
(WIOA) and the Wagner-Peyser Act Employment Service (ES), as amended by title III of
WIOA, and for Implementation of the WIOA Final Rules.
4. DWG Program Guidance. See Attachment I, National Dislocated Worker Grant Program
Guidance for all DWG program guidance. See Attachment II, Policy Explanations and
Examples to Support DWG Program Guidance, for additional supporting information.
5. OMB Information Collection and Paperwork Reduction Act. Applicants for DWGs
submit an application, as described in Attachment I. The OMB Information Collection No for
that application is 1225-0086, and expires July 31, 2025. The current approval and
subsequent approvals for this information collection are tracked in
https://www.reginfo.gov/public/do/PRAMain.
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a
collection of information unless such collection displays a valid OMB control number.
Public reporting burden for this collection of information is estimated to average 50 hours per
response, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments about the burden estimated or any other aspect of this collection
of information, including suggestions for reducing this burden, to the U.S. Department of
Labor, to the attention of the Departmental Clearance Officer, 200 Constitution Avenue NW,
Room N1301, Washington, D.C. 20210. Comments may also be emailed to:
[email protected]. (Please do not return your grant application to this address.
Send only comments about the burden caused by the collection of information to this
address. Send your grant application to ETA via https://www.grants.gov as described in
Attachment I.)
This information is being collected for the purpose of awarding a grant. DOL will use the
information collected through this “Funding Opportunity Announcement” to ensure that
grants are awarded to the applicants best suited to perform the functions of the grant. This
information is required to be considered for this grant.
6. Inquiries. Direct questions regarding this guidance to the appropriate ETA regional office.
7. References.
• Workforce Innovation and Opportunity Act (WIOA) (Pub. L. 113-128) (July 22, 2014);
• Employment and Training Administration, Workforce Innovation and Opportunity Act;
Final Rule (WIOA DOL Final Rule) published at 81 FR 56071 (August 19, 2016),
specifically 20 C.F.R. parts 680 and 687;
• TEGL No. 07-22, Increasing Employer and Workforce System Customer Access to Good
Jobs, dated January 18, 2023;
• TEGL No. 14-18, Aligning Performance Accountability Reporting, Definitions, and
Policies across Workforce Employment and Training Programs Administered by the U.S.
Department of Labor (DOL), dated March 25, 2019;
• TEGL No. 8-18, Workforce Innovation and Opportunity Act (WIOA) Title I and Wagner-
Peyser Act Waiver Requirements and Request Process, dated December 19, 2018;
• TEGL No. 04-18, National Health Emergency Phase Two: Disaster Recovery National
Dislocated Worker Grants to Address the Opioid Crisis, dated September 14, 2018;
• TEGL No. 19-16, Guidance on Services Provided through the Adult and Dislocated
Worker Programs under the Workforce Innovation and Opportunity Act (WIOA) and the
Wagner-Peyser Act Employment Service (ES), as amended by title III of WIOA, and for
Implementation of the WIOA Final Rules, dated March 1, 2017;
• TEGL No. 16-16, One-Stop Operations Guidance for the American Job Center Network,
dated January 18, 2017, and its Change 1;
• TEGL No. 28-10, Federal Financial Management and Reporting Definitions, dated May
27, 2011;
• TEGL No. 10-09, Implementing Priority of Service for Veterans and Eligible Spouses in
All Qualified Job Training Programs Funded in Whole or in Part by the U.S. Department
of Labor (DOL), dated November 10, 2009; and
• Information Collection Forms and Participant Individual Record Layouts: Workforce
Innovation and Opportunity Act (WIOA) Common Performance Reporting - ETA 9169
9170 (OMB Control No. 1205-0526) and DOL-only Performance Accountability,
Information, and Reporting System - 9172, 9173 (OMB Control No. 1205-0521) and ETA
Form 9130 (OMB).
8. Attachments.
• Attachment I – National Dislocated Worker Grant Program Guidance and Application
Information
• Attachment II - Policy Explanations and Examples to Support DWG Program Guidance
Attachment I
Attachment I: National Dislocated Worker Grant Program Guidance and
Application Information
Contents
Attachment I: National Dislocated Worker Grant Program Guidance and Application
Information
Purpose of this Program Guidance ..............................................................................................2
Part 1: National Dislocated Worker Grant Program Policies ...................................................2
Section 1.A: Types of DWGs ..........................................................................................................2
Disaster Recovery DWGs .........................................................................................................2
Employment Recovery DWGs .................................................................................................10
Part 2: DWG Applications ..........................................................................................................14
Section 2.A: Application Information and Requirements..............................................................14
Section 2.B: Grant Awards ............................................................................................................22
Part 3: Grant Funding Approach ...............................................................................................23
Section 3.A: Grant Awards Funded in Full ...................................................................................24
Section 3.B: Grant Awards Funded Incrementally ........................................................................24
Section 3.C: Additional Funding ...................................................................................................25
Section 3.D: Emergency Applications ...........................................................................................26
Section 3.E: Other DWG Funding Criteria ....................................................................................26
Part 4: Administrative Policies ...................................................................................................26
Part 5: Post-Award Requirements and Information ................................................................30
Section 5.A: Participant Enrollment and Grant Performance .......................................................30
Section 5.B: Post-Award Information............................................................................................31
Attachment II: Policy Explanations and Examples to Support DWG Program Guidance
Section 1: Participant Eligibility, Disaster Recovery DWGs ..........................................................1
Section 2: Other DWG Program Clarifications ...............................................................................4
Section 3: Understanding the Difference Between Allowable and Unallowable Disaster-Relief
Employment .....................................................................................................................................9
Section 4: Information for Tribal and Native Applicants and Grant Recipients ...........................10
Section 5: DWGs and the Continuum of Resources for Affected Individuals Under Different
Scenarios ........................................................................................................................................11
Purpose of this Program Guidance
This program guidance outlines the framework for the National Dislocated Worker Grant
Program, detailing its purpose, policies, priorities, and requirements. Additionally, the guidance
includes various examples (see Attachment II) that are intended clarify specific policies,
requirements, and expectations.
Part 1: National Dislocated Worker Grant Program Policies
Section 1.A: Types of DWGs
Disaster Recovery DWGs
Description
Disaster Recovery DWGs provide temporary disaster-relief employment, as well as employment
and training activities, as appropriate, in response to applicable emergency or disaster
declarations as defined in 20 CFR 687.110(b), including public health emergencies. Disaster
Recovery DWGs help address employment and economic recovery from the impact of disasters
and emergencies in disaster-declared areas.
Qualifying Events
The following events are eligible for Disaster Recovery DWGs:
1. Emergencies and major disasters, as defined under Section 102 of the Stafford Act (42
U.S.C. 5122), declared by FEMA as eligible for Public Assistance.
2. Emergencies or disaster situations of national significance, natural or man-made, that
could result in a potentially large loss of employment, as declared or otherwise
recognized and issued in writing by the chief official of a Federal agency with
jurisdiction over the Federal response to the disaster or emergency. Federal agency
declarations might be made by the Department of Health and Human Services, the
Environmental Protection Agency, the Small Business Administration, Economic
Development Administration, or others. In some cases these declarations, such as the
public health emergency declarations for COVID-19 or the opioid epidemic, established a
new qualifying event that remains in effect until the qualifying declaration is rescinded or
expires.
Not every Federal emergency or disaster declaration will automatically meet the standard
for “national significance” as required by WIOA. Applicants requesting a Disaster
Recovery DWG for an emergency or disaster of national significance must demonstrate
that a potentially large loss of employment could result from a disaster or emergency.
ETA defines “potentially large” in this context as the potential loss of at least 50 jobs
within the disaster area covered by the relevant declaration within the jurisdiction of the
applicant.
3. Relocation of a substantial number of individuals from a state, tribal area, or outlying
area affected by a disaster or emergency to other states, tribal areas, or outlying areas
outside the disaster or emergency area.
ETA will determine whether a relocation is “substantial” based on the information
provided in the DWG application.
Eligible Applicants
Eligible applicants for Disaster Recovery DWGs are the state, outlying area, or Indian tribal
governments as defined by the Stafford Act, 42 U.S.C. 5122(6).
Eligible Participants
The following are eligible to receive services provided through a Disaster Recovery DWG, per
20 CFR 687.170(b):
1. Individuals temporarily or permanently laid off as a consequence of the emergency or
disaster;2
2. Dislocated workers as defined in WIOA Section 3(15), including displaced
homemakers as defined in WIOA Section 3(16); see TEGL 19-16 for more specific
information on the flexibilities that WIOA provides to Governors concerning
establishing procedures for interpreting and applying the definition of dislocated
worker to individuals;
3. Long-term unemployed individuals3, as defined by the state or other eligible entity; or
4. Self-employed individuals who became unemployed or significantly underemployed
as a result of the emergency or disaster.
When determining participant eligibility, grant recipients must develop and follow written
policies and procedures. Such policies and procedures should address terms such as “laid off as
a consequence of the emergency or disaster,” long-term unemployed, and significantly
underemployed. (See Attachment II for additional information and examples related to the
Disaster Recovery DWG participant eligibility categories.)
In addition, grant recipient policies must include a protocol for verifying participant eligibility in
alignment with WIOA. In situations when disaster events impact the availability of eligibility
documentation, self-attestation is acceptable as an eligibility determinant. As is the case in all
other WIOA programs, for data elements that allow self-attestation, self-attestation serves as the
acceptable documentation and grant recipients do not need to obtain any additional
documentation to validate the self-attestation for those elements. Grant recipients who subaward
to other entities must ensure that these entities have a process for determining eligibility, which
can include self-attestation of characteristics when other documentation is unavailable.
2
This eligibility category provides grant recipients flexibility to identify and enroll participants in a Disaster
Recovery DWG, as it contains several terms that grant recipients can apply to best fit the disaster situation. ETA
encourages grant recipients to use this flexibility to enroll and serve the maximum range of eligible participants. See
Attachment II for additional information.
3
This definition of a long-term unemployed individual is unique to the DWG program. Unlike other WIOA Title I
Programs, the DWG program does not require any specific determination of number of weeks unemployed or other
factors to qualify as “long-term unemployed.” ETA recommends that states and other entities eligible to apply for
Disaster Recovery DWGs develop a definition for long-term unemployed individuals that is most appropriate to best
carry out the Disaster Recovery DWG activities. See Attachment II for additional information.
Note: Enrollment in a Disaster Recovery DWG is not restricted to individuals impacted by the
qualifying event. Enrollment is only limited by eligibility as defined above. That is, grant
recipients can enroll individuals who meet the definition of “dislocated worker” in WIOA, and
long-term unemployed individuals as defined by the grant recipient, even if the dislocation or the
unemployment is not a result of the qualifying event.
Allowable Grant Activities
Disaster-Relief Employment. Disaster Recovery DWGs provide funding for the creation of
disaster-relief employment, which is temporary employment of eligible individuals for the
purposes described in WIOA Section 170(b)(1)(B) and (d), as well as 20 CFR 687.180(b) and
(c).4 Applicants must demonstrate that any disaster-relief employment to be created under a
Disaster Recovery DWG will be designed or intended to mitigate the humanitarian, physical, or
economic impacts of the disaster, and that the work to be performed aligns with the following
categories:
1. Cleanup and recovery efforts including demolition, cleaning, repair, renovation and
reconstruction of damaged and destroyed structures, facilities and lands located within
the disaster area and in offshore areas related to the emergency or disaster; or
2. Employment related to the delivery of appropriate humanitarian assistance in the
aftermath of the disaster or emergency; more information on humanitarian assistance is
provided below.
Cleanup and Recovery. Cleanup and recovery include a broad set of activities that focus on
demolition, cleaning, repair, renovation and reconstruction. Such activities may address
damaged facilities, lands, or offshore areas, as appropriate, within the declared disaster area,
developed in response to specific disaster events.
Cleanup and recovery activities must be designed to address, mitigate, or otherwise limit the
damage, or the health and safety impacts, of the current disaster. Repairs and reconstruction
must be of facilities, lands, or offshore areas damaged as a consequence of a declared disaster
event. Allowable cleanup activities addressing the impacts of a public health emergency such as
the opioid epidemic may be challenging to identify but may include cleaning up used needles to
mitigate the spread of hepatitis or other diseases.
WIOA prohibits the use of these funds for new construction or other activities aimed at
preventing the impacts of future disasters.
Humanitarian Assistance. Humanitarian assistance generally includes actions designed to save
lives, alleviate suffering, and maintain human dignity in the aftermath of disasters. This
assistance includes activities supporting projects that distribute food, clothing, shelter and other
humanitarian assistance. The humanitarian assistance provided by disaster-relief employment
participants must be in response to the impacts or the needs resulting from the disaster situation
named in the Federal declaration.
4
Disaster Recovery DWG participants shall be provided benefits and working conditions at the same level and to
the same extent as other employees working a similar length of time and doing the same type of work (WIOA
Section 181(b)(5)).
When using DWG-funded Disaster-Relief Employment to deliver or provide humanitarian
assistance, grant recipients cannot use DWG funds to purchase the material goods to be delivered
to individuals impacted by the disaster.
Examples of humanitarian assistance in a public health emergency include providing support for
addiction treatment services and serving as peer recovery navigators or in other peer-focused
positions that support individuals struggling with opioid addiction or recovery from opioid
addiction.
Due to the variable nature of emergencies and disasters, ETA will consider humanitarian
assistance activities on a case-by-case basis; therefore, applicants are expected to demonstrate
that any proposed disaster-relief employment for humanitarian assistance thoroughly addresses
the following:
1. How the proposed employment activities and duties are designed to address specific
humanitarian assistance needs created by the declared disaster,
2. How the disaster created the need for disaster-relief employment positions; and
3. How the proposed disaster-relief employment will help mitigate the effects of the
declared disaster by addressing the humanitarian need.
For more information on what an application must contain, please review the Community Needs
Assessment in Section 2.A below. For examples of cleanup and humanitarian assistance
activities, see Attachment II.
The provision of general humanitarian assistance that solely or primarily focuses on the
prevention of or planning for future disaster events is not allowable under a Disaster Recovery
DWG. WIOA allows activities that provide prevention and planning for future events only if
these activities are incidental to responding to the humanitarian assistance needs created by the
current event.
Exception to the Disaster-Relief Employment Requirement. Generally, Disaster Recovery DWG
projects must include disaster-relief employment in response to the Federally declared disaster
event. As necessary, ETA may approve grants that offer employment and training activities
only; such an exception would only be considered in the following situations:
1. Disaster Recovery DWGs are awarded in response to non-Stafford Act disaster or
emergency declarations, where the circumstances and nature of the disaster do not allow
for cleanup or humanitarian temporary employment opportunities authorized by WIOA;
or
2. Disaster Recovery DWGs are awarded to grant recipients responding to declared
disasters in other geographic areas due to an influx of individuals who have relocated to
the recipients’ location. In these circumstances, the DWG may provide employment and
training activities as the primary activity since participants are outside of the disaster
area. However, these grants may also offer participants disaster-relief employment where
appropriate.
In alignment with 20 CFR 687.180, grant recipients must develop and follow policies to
effectively carry out disaster-relief employment activities.
Employment and Training Activities. Disaster Recovery DWGs may provide employment and
training activities to eligible participants following a qualifying disaster or emergency, per
WIOA Section 170(d)(1)(C). As noted above, DWG funds may provide employment and
training activities regardless of an individual’s participation in disaster-relief employment.
As a general goal, employment and training activities should be designed to allow participants to
obtain unsubsidized, sustainable, and quality employment following the conclusion of grant-
supported activities.
In alignment with both 20 CFR 687.180 and the Uniform Guidance, grant recipients must
develop and follow policies to effectively carry out employment and training activities.
To ensure alignment with these requirements, ETA regional office staff are available to work
with any state, outlying area, or Indian tribal government that receives a Disaster Recovery
DWG but is unfamiliar with the requirements of WIOA related to allowable employment and
training activities.
Participant Enrollment Options. While most Disaster Recovery DWG projects must include
disaster-relief employment, not all participants in a Disaster Recovery DWG project are required
to participate in disaster-relief employment. Grant recipients may enroll Disaster Recovery
DWG participants in:
• Disaster-relief employment only;
• Employment and training activities only; or
• Both disaster-relief employment and employment and training activities.
Grant recipients should assess the specific needs of each participant, and consider the needs and
priorities created by the declared emergency or disaster event, to determine the appropriate
disaster recovery activity in which to enroll them: disaster-relief employment, employment and
training activities, or both. These activities may occur concurrently, or one may occur before the
other.
Supportive Services. Supportive services provide resources or payments that are necessary to
enable individuals enrolled in WIOA Title 1 programs to participate in and achieve successful
outcomes in WIOA-funded activities.
Supportive services are allowable under Disaster Recovery DWGs when needed to enable
individuals to be enrolled in and maintain participation in grant activities. There are two ways
that supportive services may be utilized for Disaster Recovery DWGs:
• To enable a participant to participate in disaster-relief employment, and to safely and
effectively carry out the job for which they have been hired; or
• To enable a participant to engage in grant-funded employment and training activities or
obtain unsubsidized employment.
Any supportive services provided must be consistent with WIOA, applicable ETA regulations
and guidance, and grant recipient policies.5
Other Allowable Activities. To enable successful grant activities and outcomes, support
participants in achieving successful placement in unsubsidized employment in good jobs, and
better serve participants from marginalized communities, Disaster Recovery DWGs may use
grant funds to carry out additional activities. Attachment II includes examples of other activities
that may be allowable under a Disaster Recovery DWG.
Applicants are encouraged to describe any of these or other activities as part of the Community
Needs Assessment or other parts of the application for Disaster Recovery DWG funds to help tell
the story of the full scope of the kinds of planned interventions.
General Policies: Disaster Recovery DWGs
Limit on Disaster-Relief Employment Duration. Participants in disaster-relief employment
positions may be employed for a maximum of 12 months or 2,080 hours, whichever is longer.6
(See Attachment II for information on how this disaster-relief employment limitation may apply
in cases where there may be more than one Disaster Recovery DWG operating.)
Note: The limit on employment duration is determined by an individual participant’s hours
worked, not by the start date of the grant, or the date of an award of a contract to a Disaster-
Relief Employer.
Participant Wages. In accordance with WIOA Section 181(a)(1)(A), generally, participants must
be compensated at the same rates, including periodic increases, shift differential, benefits, or
overtime pay, as any employees who are similarly situated working in similar positions at the
same employer and who have similar training, experience, and skills. In cases where the
Disaster-Relief Employer does not have any other temporary employees working in similar
positions with similar training, experience and skills as the grant participants, DOL interprets this
section to require that the employer pay the DRE employees the same as the employer’s
permanent employees who are working in similar positions. Such rates must be in accordance
with applicable laws but must not be less than the higher of the rate specified in Section 6(a)(1)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable state or local
minimum wage law. Where applicable, fringe benefits should be paid in accordance with the
benefits that the Disaster-Relief Employer offers its own employees. See Section 2.A for more
information on Disaster-Relief Employers.
In cases where the Disaster-Relief Employer does not have other employees doing the same or
similar work and with similar training, experience, and skills, grant recipients must ensure that
the wages that they will pay to participants:
5
For more information on supportive services, see TEGL No. 19-16
(https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-19-16).
6
Grant recipients may request a grant amendment to extend the period of employment for existing participants for
up to an additional 12 months. This amendment request must justify extending participants’ disaster-relief
employment, as required by 20 CFR 687.180(b)(1).
1. are in alignment with the industry standard for that type of work in the area where the
work is to be performed, supported by documentation in the application; or,
2. in the absence of a determinable industry standard, are at least $15 per hour.
These additional wage requirements are beneficial to both workers and communities affected by
disasters, as they will ensure that disaster-relief employment funds are used to accelerate the
financial recovery of unemployed and underemployed participants. They may also lead to faster
hiring and project startup, enabling grant recipients to more quickly deploy DWG funds to
mitigate the effects of disasters. Grant recipients must comply with these requirements under the
terms and conditions of their grants, which include compliance with agency policy guidance such
as TEGLs.
Grant recipients requesting that ETA negotiate different wage terms must provide documentation
in the application specifying how particular circumstances warrant different terms and that they
are in the best interests of the workers and/or communities being assisted.
Disaster-Relief Employment Locations. Generally, disaster-relief employment must be carried
out in the geographic area covered by the qualifying disaster declaration.
Grant recipients must give the highest priority to cleanup of the disaster areas’ most severely
damaged public communities, facilities, and property, and to the cleanup and the provision of
humanitarian assistance to economically disadvantaged areas within the disaster area. Where
possible, grant recipients should prioritize enrollment of eligible individuals most in need of
economic support or workforce development services.
While Disaster Recovery DWG projects generally carry out work on public property, work may
also be conducted on private property when the following conditions are met:
1. The work must be intended to remove health and safety hazards to the larger community,
or to address or alleviate specific economic or employment-related impacts of the
disaster, such as cleanup work needed for disaster-affected employers to resume or
continue operations;
2. The activities are necessary to remove health and safety hazards on private lands or
around homes, businesses or other structures and may only return the land or structure(s)
to a safe and habitable level, or operational status, and will not improve the original land
or structure(s); and
3. Grant recipients must not use Disaster Recovery DWG funds to cover the cost of
materials to do repairs.
Grant recipients must maintain documentation under the Disaster Recovery DWG for all
worksites, including the dates and hours worked by each participant. For work on private
property, documentation must include the rationale for the determination that such work was
allowable under this guidance. Grant recipients are not required to receive prior approval from
the Department to work on private property.
Preventing Future Disaster Impacts. Generally, disaster-relief employment under Disaster
Recovery DWGs will not be authorized for activities primarily designed to prevent or address the
impacts of future disasters. Under WIOA Section 170(d)(1), DWG activities must be designed
to mitigate the effects of the current declared disaster for which the grant was awarded; activities
that may prevent future disasters or their impacts are permissible only where such activities are
incidental to addressing the impacts of the current disaster or emergency. (See Attachment II for
a comparison of activities that may be allowable and those that may not.)
Coordination with Emergency Management Agencies. The grant recipient must coordinate the
activities funded under a Disaster Recovery DWG with the appropriate organizations, including
state emergency management agencies, to avoid duplication of efforts and to ensure that
activities appropriately respond to the affected community’s needs after a disaster. The grant
recipient must coordinate with any Federal agencies handling the Federal response to the disaster
or emergency in the areas grant recipients are delivering services, either through direct contact or
contact with state or local agencies coordinating with these Federal agencies. See Section 2.A
below for the information that must be provided in an application to meet this requirement.
Mitigating Environmental Impacts. Disaster Recovery DWG recipients should be aware that any
disaster-relief activities carried out, including those under Disaster Recovery DWGs, must
comply with requirements of the National Environmental Policy Act (NEPA) and the
Endangered Species Act (ESA). While the state emergency agencies are generally responsible
for ensuring NEPA and ESA compliance, Disaster Recovery DWG recipients should
communicate with other disaster response officials in the state to ensure that all required steps
have been taken, including notification to the Fish and Wildlife Service as required.7
Health and Safety Standards. In all DWG projects, grant recipients must establish written
policies specifying that Disaster-Relief Employers ensure that project participants are afforded
the same health and safety standards established under Federal and state law applicable to
working conditions of permanent employees. To the extent that state workers’ compensation law
applies, Disaster-Relief Employers must provide workers’ compensation to project participants on the
same basis as individuals in similar employment, as required by WIOA Section 181(b)(4). In
cases in which a project participant is not covered under a state workers’ compensation law, based
on the status of the Disaster-Relief Employer with whom the participant is placed, the temporary
nature of their employment, or another reason, the project participant must be provided with
appropriate on-site medical and accident insurance for work-related activities. The grant recipient
must also ensure that project participants receive appropriate safety training and ensure safe
working conditions in accordance with the Occupational Safety and Health (OSH) Act of 1970.8
Incorporating Additional Disaster Events. Disaster Recovery DWG funds awarded to a grant
recipient may be available for expenditure for additional declared disasters or situations of
national significance that occur within the same program year the funds were initially awarded.
The addition of disaster events to an existing DWG project requires prior approval from the grant
officer through a grant amendment request.
Requirements for Unemployment Insurance (UI) Coverage. In some cases, temporary disaster-
relief employment participants may be eligible for unemployment benefits at the conclusion of
their employment. Unemployment Insurance eligibility for such individuals is based on state
laws and the specific employer for whom they work; state UI laws generally indicate which
7
Grant recipients should consult with the appropriate state agency(ies) or Fish and Wildlife Service office
(https://www.fws.gov/our-facilities?type=%5B%22Conservation%20Office%22%5D) to meet this requirement.
8
For more information, contact the appropriate OSHA field office. A listing of OSHA field offices is available at
https://www.osha.gov/contactus/bystate.
employers are required to pay relevant UI taxes. DWG funds may be used to pay required UI-
related taxes; however, the grant may not be used to pay penalties for failure to remit employer
taxes or provide unemployment insurance coverage where required by law.
Employment Recovery DWGs
Description
Employment Recovery DWGs provide resources for eligible applicants to respond to major
economic dislocations and their associated economic impacts. Major economic dislocations
include plant closures and mass layoffs, closures and realignments of military installations, and
other economic events that cause significant job losses.
Early intervention activities are key to gathering demographic information and identifying the
needs and interests of affected workers. Therefore, DWG applications are generally expected to
reflect the results of early intervention processes and strategies. Applications should be informed
by any assessments of participant demographics, current labor market information, business
demands, and potential participants’ needs. Evidence from early intervention provides a
rationale for enrollment estimates and how proposed grant activities will meet the needs of the
participants.
Employment Recovery DWGs provide employment and training assistance to dislocated workers
and other eligible participants as described below.
Qualifying Layoff Events
The following are qualifying events which permit an eligible entity to submit an application for
Employment Recovery DWG funding. After receiving the application, DOL will review the
application and determine whether to award DWG funding. 20 CFR 687.110(a)(5) states that the
Secretary of Labor may determine additional qualifying events.
Mass Layoff or Plant Closure. Layoffs or plant closures affecting 50 or more workers from at
least one employer within the applicant’s service area are a qualifying event for Employment
Recovery DWGs. As long as at least one layoff or plant closure affecting 50 or more workers is
documented, applicants are not required to demonstrate more than one layoff of 50 or more
workers as part of the qualifying event. However, additional information may be required in an
application to substantiate the size and scope of a DWG funding request.
Community Impact. Multiple small dislocations occurring over a period of up to 12 months that
have significantly increased the number of unemployed individuals in a state, regional, or local
workforce area or areas, often in rural areas, may qualify for an Employment Recovery DWG.
These community impact events might not reach 50 affected workers but create a substantial
economic impact.
Higher-than-Average Demand for Services from Dislocated Members of the Armed Services. A
higher-than-average demand for employment and training activities for dislocated members of
the Armed Services and dislocated military spouses that exceeds state and local resources for
providing such activities may qualify for Employment Recovery DWG funding.
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The higher-than average demand qualifying event, unlike a mass layoff or community impact,
requires additional information to demonstrate that the qualifying event described in WIOA
section 170(b)(1)(D) has occurred. An applicant will be expected to demonstrate each of the
following elements:
1) There is a demand for employment and training services for dislocated members of the
Armed Services and dislocated military spouses that is above average; and
2) This demand for employment and training services by this population will exceed
existing state and local resources for providing such services.
An applicant also must demonstrate that the activities in its proposed project will be carried out
in partnership with Department of Defense and Department of Veterans Affairs transition
assistance programs, as well as other programs serving this population within the American Job
Center (AJC) system or through partner programs, as appropriate.
For a detailed description of how these requirements can be demonstrated in an application,
please see Section 2.A below.
Applicants who are not a state workforce agency or local workforce development board (WDB)
must coordinate with appropriate local WDBs or with the state to obtain data to determine the
demand for employment and training activities for military service members and spouses, as well
as information on limitations of available formula funds to meet the higher-than-average
demand. WIOA Section 166 Indian and Native American Program-related applicants can
coordinate with states or local areas to obtain such data, and ETA will consider alternative data
sources from these applicants.
Eligible Applicants
Eligible applicants for Employment Recovery DWGs are:
1. States or outlying areas, or a consortium of states;
2. Local WDBs or a consortium of WDBs;
3. Entities eligible for funding through the Indian and Native American Program in
WIOA Section 166(c);
4. Entities determined to be appropriate by the governor of the state or outlying area
involved; or
5. Entities that demonstrate to the Secretary of Labor their capability to effectively
respond to circumstances related to particular dislocations.
For items 4 and 5, such entities may include, but are not limited to, unions or labor-management
partnerships as appropriate.
See section 2.A for information on the documentation required for the entities identified in items
4 and 5 above to demonstrate their eligibility to apply for Employment Recovery DWGs.
Eligible Participants
For Employment Recovery DWGs, the following individuals are eligible to receive employment
and training assistance:
1. Dislocated workers as defined in WIOA Section 3(15), including displaced homemakers
as defined in WIOA Section 3(16), dislocated members of the Armed Forces (service
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members who are transitioning to the civilian workforce) and recently separated veterans
who are dislocated. This includes all members of the Armed Forces who were
discharged under conditions other than dishonorable.9 See TEGL 19-16 for more specific
information on the flexibilities that WIOA provides to Governors with regard to
establishing procedures for interpreting and applying the definition of dislocated worker
to individuals.
2. Other members of the Armed Forces.10
3. An individual who is employed in a non-managerial position with a Department of
Defense contractor, who is determined by the Secretary of Defense to be at risk of
termination from employment as a result of reductions in defense expenditures, and
whose employer is converting operations from defense to nondefense applications in
order to prevent worker layoffs;
4. In the case of the passage of a formal Base Realignment and Closure (BRAC) law,
additional Employment Recovery DWG participant eligibility may exist. ETA will issue
special program guidance in such cases.
Note: Individuals who have lost their job due to retaliation may meet eligibility requirements at
WIOA 3(15) under certain circumstances.
As with Disaster Recovery DWGs, grant recipients are responsible for developing written
policies and procedures for determining participant eligibility. These policies must include a
protocol to verify participant eligibility that aligns with WIOA; as in other WIOA programs,
self-attestation can be an acceptable way of validating eligibility when other forms of
documentation are not easily available. For data elements that allow self-attestation, self-
attestation serves as the acceptable documentation and grant recipients do not need to obtain any
additional documentation to validate the self-attestation for those elements.
Please note: WIOA does not require that participants served under an Employment Recovery be
affected by the layoff(s) that served as the qualifying event; the only qualification that WIOA
establishes is that participants must be eligible dislocated workers. Once the qualifying event
has been established, an applicant may request funds to enroll and serve eligible dislocated
workers in the proposed service area. Applicants may be expected to provide sufficient detail in
an application to establish that the requested funding amount and planned participant numbers
align with demonstrable needs, as described in Section 2.A below.
9
A basic requirement to qualify as a dislocated worker is that the worker be terminated or laid-off. The term
“terminated” is not defined in the WIOA statute or regulations. It is Department of Labor policy that being
discharged, under conditions other than dishonorable, either voluntarily or involuntarily, terminates the employment
relationship between the individual and the military for the purposes of the WIOA definition of a dislocated worker.
To be eligible, the separating or separated service member must also satisfy other criteria for dislocated worker
eligibility, including the requirement that the individual is “unlikely to return to a previous industry or occupation.”
10
A member of the Armed Forces who was on active duty or full-time National Guard duty (as defined in 10 U.S.C.
1141) and is involuntarily separated, or is separated under the special separation benefits program at 10 U.S.C.
1174(a) or the voluntary separation incentive program at 10 U.S.C. 1175; is not entitled to retired or retained pay
incident to the separation; and applies for employment and training assistance within 180 days of separation, is
eligible to receive services under an Employment Recovery DWG.
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Allowable Activities
Employment and Training Assistance. For DWGs, the terms “employment and training
assistance” and “employment and training activities” are used interchangeably, and include
career services, training services, and supportive services, as described below. In alignment with
both 20 CFR 687.180 and the Uniform Guidance, grant recipients must develop and follow
policies to effectively provide employment and training assistance.
Career Services. Career services are described in WIOA Section 134(c)(2), 20 CFR Part 680,
and TEGL 19-16. These are activities designed to help support dislocated workers in making
informed decisions for the purpose of achieving reemployment and education goals. Career
services may include, but are not limited to outreach, intake, labor exchange services, initial and
comprehensive assessments, development of an individual employment plan, referral, provision
of labor market information, work experiences including transitional jobs or internships, and
information on eligible training providers and the availability of supportive services.
Training Services. As described in WIOA Section 134(c)(3)(D), training services are allowable
under Employment Recovery DWGs and may include occupational training, work-based
learning such as on-the-job training and Registered Apprenticeships, entrepreneurial training,
and customized training. DWG funds may be used to reimburse up to 50 percent of the wage
rate for on-the-job training or up to the reimbursement percentage the Governor or local WDB
has approved for on-the-job training for WIOA formula programs according to the criteria
outlined in WIOA Section 134(c)(3)(H) and 20 CFR 680.730. If a state has a waiver to
reimburse on-the-job training at higher rates, that waiver may be applied to the DWG. See Part
4, Administrative Policies, for more information. The use of DWG funds for training is subject
to the limitations or requirements as applicable to the WIOA Dislocated Worker formula
program delineated in 20 CFR part 680 and TEGL 19-16.
Supportive Services. Supportive services are often an important element in participants’ success
and are allowable whenever they are needed to enable individuals to participate in employment
and training activities. Supportive services offered to participants under an Employment
Recovery DWG have the same requirements and features of supportive services delivered in the
WIOA Dislocated Worker formula program. DWG supportive services must align with the state
or local area supportive service policy and have the same requirements as WIOA Dislocated
Worker formula program supportive services per 20 CFR part 680 and TEGL 19-16.
Other Allowable Activities. To ensure successful outcomes and placement in unsubsidized
employment in good jobs for DWG participants, in particular participants from marginalized
communities, Employment Recovery DWGs may further use grant funds to carry out other
necessary activities that directly benefit enrolled participants. See Attachment II for examples of
activities that may be allowable and appropriate for Employment Recovery DWG projects.
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Part 2: DWG Applications
Section 2.A: Application Information and Requirements
Demonstrating Applicant Eligibility
Some entities are required to provide additional information to demonstrate their eligibility to
apply for Employment Recovery DWGs as described in section I.A.2 above. These requirements
are as follows:
1. Entities determined to be appropriate by the governor of the state or outlying area
must attach a signed letter from the Governor, on official letterhead, identifying the
organization and indicating why the Governor has determined it appropriate to carry
out a DWG project.
2. Entities that aim to demonstrate to the Secretary of Labor their capability to
effectively respond to circumstances related to particular dislocations must submit
documentation that the applicant has:
i. expertise with workforce development or training and addressing the impacts of
large-scale dislocation events on affected workers;
ii. the geographic or administrative reach to handle large-scale workforce issues;
iii. financial and administrative capability to administer a Federal grant;
iv. a letter of support for its DWG application from the relevant state workforce
agency(ies) and WDBs for all of the geographic area(s) the DWG will serve;11
v. the capacity to submit required performance data through ETA’s performance
reporting system; and
vi. completed the pre-application activities required by 20 CFR 687.140.
In cases where the applicant is not the state workforce agency (i.e., the state agency that receives
WIOA Dislocated Worker formula funds), the applicant must work collaboratively with its state
workforce agency or appropriate local WDBs to ensure that the applicant coordinates with Rapid
Response efforts, or otherwise coordinates with early intervention activities as required in 20
CFR 687.140. Such applicants are also responsible for collecting and reporting applicable
performance data per WIOA requirements. Where appropriate, partnering with applicable
workforce system entities may provide support in understanding and reporting of performance
data.
Application Submission
Applications for DWG funding are accepted at any time through Grants.gov
(https://www.grants.gov). The application must meet the requirements outlined in Section 170
of WIOA and implementing regulations at 20 CFR part 687, and this DWG operational
guidance, and be responsive to any additional information requested by the Grant Officer.
Applications that are incomplete or do not meet the requirements of this TEGL may be returned;
applicants may resubmit an amended funding request for further consideration. For detailed
instructions on applying for DWGs, and information on the Suggested Application, see ETA’s
How to Apply webpage (https://www.dol.gov/agencies/eta/grants/apply).
11
This requirement is designed to ensure that there will not be duplication of services for the same potentially
eligible participant population between local AJCs and a DWG grant applicant working to meet this eligibility
requirement, should the applicant be awarded a DWG.
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Unique Entity ID (UEI) and Sam.gov Registration
Before applying, applicants must register with the System for Award Management (SAM) and
obtain an Unique Entity Identifier (UEI). Submission requirements stipulate that all applicants
for Federal grant and funding opportunities must supply their UEI number on the SF-424.
Instructions for registering with SAM are available online (https://sam.gov/content/entity-registration). An awardee must maintain an active SAM registration with current information at
all times during which it has an active Federal award or an application under consideration. To
remain registered in the SAM database after the initial registration, states must review and
update the registration at least every 12 months from the date of initial registration. Failure to
register with SAM and maintain an active account will result in Grants.gov rejecting your
submission.
Applicant information provided on the SF-424 must match with the SAM registration, including
the applicant’s legal name, address, nine-digit zip code, employer identification number (EIN),
and UEI.
Timing of Applications
Disaster Recovery DWGs
Emergency Application. ETA offers the opportunity for eligible applicants to submit an
abbreviated emergency application for Disaster Recovery DWG funds in the immediate
aftermath of a qualifying emergency or disaster declaration, which may enable the recipient to
begin grant activities while continuing to assess the full impact of the disaster and developing a
full application. As noted in Section 2.B below, applicants are not expected to identify their full
funding request when submitting an emergency application; ETA will award an initial funding
allotment designed to provide sufficient funding to begin grant activities while the grant recipient
develops a full Disaster Recovery DWG application.
Generally, ETA will accept emergency applications as follows:
1. When a declaration of a qualifying disaster by FEMA or other Federal agency having
jurisdiction over the disaster is made within 45 business days of the date of the
emergency or disaster event; and
2. An emergency application is submitted not more than 15 business days after the
qualifying declaration.
In cases where a qualifying emergency or disaster declaration is issued more than 45 business
days after the disaster event began, ETA generally expects that applicants will submit a full
application reflecting a comprehensive assessment of the impacts of the declared emergency or
disaster.
ETA expects grant recipients awarded Disaster Recovery DWG funding under an emergency
application to begin serving eligible participants as quickly as possible to support economic and
employment-related recovery in the disaster area(s). Grant recipients may carry out allowable
grant activities such as participant outreach, implementing subrecipient or project operator
agreements, identifying potential worksite employers, and enrolling participants in employment
and training activities immediately upon approval of an emergency application, or as early as the
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date of the qualifying emergency or disaster declaration, if requested in the application and
approved in the grant award.
As part of the emergency application, applicants may request approval for disaster-relief
employment positions that address the impacts of the declared disaster. Cleanup or humanitarian
assistance disaster-relief employment may begin as soon as an emergency award is approved, or
as early as the date of the qualifying emergency or disaster event, if requested in the application
and approved in the grant award.
See Grant Start Date in Section 2.B for more information on what information must be provided
in such cases. In addition, see Section 3.D for more information on how ETA funds emergency
applications, and what information is required in an emergency application.
Full Application. A full application for a Disaster Recovery DWG is expected to reflect the
results of the following activities, as described in § 687.140(b): (1) Conduct a preliminary
assessment of the clean-up and humanitarian needs of the affected areas; (2) Reasonably
ascertain that there is a sufficient population of eligible individuals to conduct the planned work;
and (3) Coordinate with the Local WDB(s) and chief elected official(s) of the local area(s) in
which the proposed project is to operate.
Within 60 business days following the notification of an award of a Disaster Recovery DWG
requested via an emergency application, the grant recipient must amend the grant to provide a
full and complete application, including a funding request. Grant recipients who anticipate
challenges with meeting the 60-day requirement should notify ETA for technical assistance or to
request an extension not to exceed 30 business days. Failure to submit a full application within
the required timeframe may be considered when determining future requests for funding and
period of performance extensions. Additionally, failure to submit a timely full application may
result in other restrictions placed on the grant award.
Applicants may also submit a full application, in lieu of an emergency application, which must
contain a complete statement of work, project budget, and other applicable documents or
information that support the project. The full application submitted must clearly merit the
funding request, be reasonable based upon the disaster’s impact and resulting needs on the
community and demonstrate compliance with WIOA. Applicants should consider the needs of
eligible participants and other factors and request a grant start date that enables such services to
be provided through the Disaster Recovery DWG as quickly as possible. See the Grant Start
Date description in Section 2.B. below for more information on when grant activities may begin.
Employment Recovery DWGs. To the extent possible, applications for an Employment
Recovery DWG should be submitted within 120 days of a qualifying layoff event to facilitate the
timely delivery of reemployment services.12 DWG services may be provided to participants at
the time of eligibility determination, which may be as early as notification of layoff (receipt of an
individual layoff notice or the date of the company’s layoff announcement) or the date of the
layoff itself. Applicants should consider the needs of eligible participants and other factors and
12
For Employment Recovery DWGs requested in response to a Community Impact qualifying event, applicants
should consider the 120-day timeframe to begin at the time of the last layoff event included in the calculation that a
qualifying Community Impact is occurring, or no later than one year after the first of the layoffs included in the
calculation occurred.
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request a grant start date that enables such services to be provided through the Employment
Recovery DWG as quickly as possible. See the Grant Start Date description in Section 2.B.
below for more information on when grant activities may begin.
Applications for DWG Funds
All DWG funds must be requested through an application submitted to ETA. There is no
required application format for DWGs, and applicants may use any format of their choosing.
However, to support a streamlined application process, ETA has developed suggested
application forms that contain all of the required information in one place. While applicants are
not required to use these suggested forms, any application that does not include the suggested
form must ensure that all required application elements are addressed.
Application Information for “Higher-than-Average Demand for Services” Employment
Recovery DWG Qualifying Events. ETA requires applicants to provide additional information to
demonstrate that a Higher-than-Average Demand for Services qualifying event has occurred.
To demonstrate that demand for employment and training services by dislocated members of the
Armed Forces and eligible spouses is “higher-than-average” and therefore constitutes a
qualifying event for an Employment Recovery DWG, an applicant must address each of the three
main elements described below, as required by WIOA Section 170(b)(1)(D). While these main
elements are required by WIOA, the methods, data sources, and time frames that demonstrate the
required elements are at the discretion of the applicant. The language below includes examples
or options that may be useful to applicants.
First, an applicant must demonstrate that the current demand for services by dislocated members
of the Armed Services and dislocated spouses exceeds average demand. An applicant may
demonstrate this demand through any applicable data or information including the number of
dislocated members of the Armed Services and eligible spouses who have sought any
employment or training-related services from AJCs (in-person or virtually) in one or more local
areas, or statewide. Such data may be gathered from one or more local workforce areas within a
state or territory, or from a regional area which may cover more than one state as appropriate, to
best enable the applicant to determine the average demand.
An application therefore must address:
1. Average Demand. An application must show how the applicant calculated the average
demand for employment and training services by dislocated members of the Armed
Services and dislocated spouses. Average demand should be determined based on data
for at least the two years immediately prior to the year that will be used to determine the
current demand. For example, an applicant could identify the average demand on a
program year basis by calculating the average demand for services for the three previous
full Program Years (July 1-June 30) for which there are data available at the time of
application. In this example, the average demand for services should not include the
current Program Year’s data.
2. Current Demand. The application must then show how the applicant calculated the
current demand for employment and training services by dislocated members of the
Armed Services and dislocated spouses, using the same methodology or information used
to determine the average demand. Current demand may be related to a one-time event
such as a large transition of military members leaving service from a base or other
I - 17
facility, an ongoing transition over a longer period of time (up to the 12 months prior to
the date of application), or from an increase in dislocated service members and dislocated
spouses moving into a community, region, local workforce area, or state over a period of
up to 12 months prior to the application. For example, if an applicant calculated the
average demand using the program year basis, an applicant may show the demand for
services, or a projected total demand, for the current program year.
3. Current Demand Exceeds the Average. Finally, the application must demonstrate that the
current demand for employment and training services (as described in #2 above) for this
same population exceeds, or is on target to exceed, the average demand (as described in
#1 above).
Note: WIOA only requires that an applicant demonstrate that current demand is higher than
average demand to establish this element of the qualifying event.
Second, an applicant must demonstrate that the higher-than-average demand exceeds existing
state or local resources for providing the employment and training services. In alignment with
the other Employment Recovery DWG qualifying events (mass layoff and community impact),
to show that the demand will exceed existing resources, an applicant must provide sufficient
information to demonstrate that either:
1. the total number of dislocated members of the Armed Services and spouses seeking, or
intending to seek, employment and training services in one or more local areas, or
statewide, is at least 50; or
2. the total number of dislocated members of the Armed Services and spouses seeking
employment and training services is fewer than 50 individuals, but the impact still
exceeds existing state or local resources to provide employment and training services.
And third, an applicant must demonstrate that services to dislocated members of the Armed
Services and dislocated military spouses will be carried out in partnership with the Department
of Defense and Department of Veterans Affairs transition assistance programs. To demonstrate
this, an applicant must provide evidence of existing partnerships, or concrete plans for
developing partnerships, with entities that provide transition assistance to veterans and dislocated
service members and spouses through the Department of Veterans Affairs, Department of
Defense, or DOL VETS.
DWG Funding Requests. ETA expects that funding amounts requested in applications for all
DWGs meet the requirements of “allowable” as defined by the Uniform Guidance (necessary,
reasonable, and allocable) based on the impact of the qualifying event and its associated
economic and employment-related impacts on the affected community or communities, the total
number of participants expected to be served, the types of services that are likely to be delivered,
and other relevant criteria. Applicants must provide sufficient justification in an application to
establish that the requested funding amount, areas to be served and planned participant numbers
align with demonstrable needs. See Section 2.B below for more information on how ETA
assesses “allowability” when reviewing funding requests for DWGs.
An applicant may submit an application that includes relevant information on the overall
availability of formula funds to serve eligible dislocated workers in the service area of the
proposed grant, including:
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• The qualifying event and its direct and indirect impacts on dislocations in the project
service area; or
• Other related economic events within the project service area that further affect the
ability of the workforce system to provide services to eligible dislocated workers.
This information supports an applicant’s request to serve an appropriate number of planned
participants (regardless of the circumstances that caused their dislocation) and the total funding
amount requested.
Community Needs Assessment. The Community Needs Assessment is submitted as part of a
DWG application and conducted pursuant to 20 CFR 687.140. It describes the qualifying event
and its associated impacts and sets the scope of the planned response.
For Disaster Recovery DWG applications, the Community Needs Assessment describes at a
minimum:
• The impacts of the declared emergency or disaster event, including how the proposed
grant will prioritize communities and individuals most at-need due to the effects of the
declared disaster or emergency situation or due to economic or other disadvantage;
applicants may consider identifying such communities within the declared emergency or
disaster area through the Climate and Economic Justice Screening Tool;13
• The cleanup or humanitarian needs that stem from the impacts of the declared emergency
or disaster;
• How the proposed disaster-relief employment will address the needs and help mitigate
the effects of the declared emergency or disaster event and promote community recovery
including through creating a pathway to high-quality employment opportunities;
• How the grant recipient expects to recruit and enroll eligible individuals and ensure that
participants are able to successfully complete their grant-funded activities, such as by
utilizing grant funds to provide critical supportive services such as child care,
transportation, or other critical resources to reduce or remove barriers to participation that
often affect those who could most benefit from participation in the grant; and
• How DWG funds will provide opportunities for individuals to return to unsubsidized
employment as a result of grant activities. For purposes of this Community Needs
Assessment, applicants are encouraged to describe how they will provide employment
and training activities that will lead to participants’ employment in good jobs, which
include employment that features a family-sustaining wage and benefits, promotion
potential, opportunities for worker voice and input, equitable hiring practices, or other
factors as described by the applicant.14
For emergencies or disasters of national significance (i.e., those declared by a Federal agency
other than FEMA), the Community Needs Assessment must additionally demonstrate that the
declared emergency or disaster has “national significance that could result in a potentially large
loss of employment,” as required by WIOA section 170(a)(1)(B). Applicants do this by
13
The Climate and Justice Screening Tool (https://screeningtool.geoplatform.gov/) includes a map of all Census
tracts that are disadvantaged by burdens in climate change, energy, health, housing, legacy pollution, transportation,
water and wastewater, and workforce development.
14
For more information on good jobs visit the Good Jobs website (www.goodjobs.gov), or see TEGL No. 07-22.
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demonstrating that the emergency or disaster could result in the loss of at least 50 jobs in the area
covered by the declaration.
For Employment Recovery DWGs (and for Disaster Recovery DWGs that anticipate including
employment and training activities in addition to disaster-relief employment), the Community
Needs Assessment must at a minimum:
• Describe the qualifying layoff or other event as required in Part I above;
• Describe the resulting economic impacts of the qualifying event as well as any broader or
additional economic effects or challenges including secondary or related layoffs,
increases in unemployment, or other factors where applicable, that impact the community
or communities to be covered by the proposed project;
• Explain why existing formula and/or other funds are unable to meet the employment and
training needs created by the qualifying event and other associated layoffs or numbers of
eligible dislocated workers, by providing current formula funds (or other funds)
available, number of participants generally served through these funds, and the unmet
need created by the qualifying event and associated impacts;
• Provide an overview of the broader economic situation, layoff impacts, or other
challenges impacting the ability of the grant recipient and any subrecipients to effectively
serve eligible dislocated workers in the communities to be included in the project where
appropriate to justify the planned participant and funding level request;
• Identify populations to be targeted for services including those who have been
historically marginalized, explaining specific barriers and strategies to address these
barriers (such as providing necessary supportive services such as child care or
transportation to enable participants to successfully enroll, participate in, and complete
grant-funded activities); and
• Describe how DWG funds will provide opportunities for individuals to return to
unsubsidized employment as a result of grant activities. For purposes of this Community
Needs Assessment, applicants are encouraged to describe how they will provide
employment and training activities that will lead to participants’ employment in good
jobs, which include employment that features a family-sustaining wage and benefits,
promotion potential, workers ensured a voice in the operation of the organization,
equitable hiring practices, or other factors as described by the applicant.
Demonstrating Coordination with Emergency Management Agencies. Under WIOA, as
described in Section I.A. above, Disaster Recovery DWG recipients must ensure coordination
with FEMA or other emergency management agencies, as appropriate. Entities submitting a full
application for Disaster Recovery DWG funding are expected to include a contact from the
relevant state or other applicable emergency management agency and provide a description of
the anticipated coordination activities that will be carried out to ensure that duplication of
activities are limited and to best respond to and recover from the effects of the declared
emergency or disaster event.
For Disaster Recovery DWGs submitted to address the impacts of the opioid epidemic or other
public health emergency situations, an applicant could coordinate with a state health, mental
health, opioid response, or other similar agency to meet this requirement.
For more information on the Community Needs Assessment and other application requirements,
see ETA’s How to Apply website (https://www.dol.gov/agencies/eta/grants/apply).
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Disaster-Relief Employer. Generally, Disaster Recovery DWG applications require the
identification of Disaster-Relief Employers. For purposes of the DWG program, Disaster-Relief
Employers are entities designated by grant recipients or subrecipients to serve as the employer
for disaster-relief employment participants; as such, they have the responsibility of carrying out
all day-to-day human resources and payroll activities for disaster-relief employment participants
in a Disaster Recovery DWG.
ETA places no limitation on what type of entity or organization may be a Disaster-Relief
Employer. When grant recipients or subrecipients contract with an entity as the Disaster-Relief
Employer, including either a non-profit or for-profit entity, they must ensure that negotiations,
pricing and any fees contained in the contract and charged to the grant are reasonable and fair,
and that any competition is full and open. Additional guidance t may be found in the Uniform
Guidance’s Procurement Standards at 2 CFR 200 and the applicable state procurement policies.
ETA encourages grant recipients to identify and work with Disaster-Relief Employers that
adhere to The Good Jobs Principles. To this end, ETA urges applicants to address as part of their
application how they will ensure that employment subsidized as a result of a DWG award
provides good jobs as defined by these Principles. Disaster-Relief Employers offering jobs like
those described in the Principles can produce higher-quality work, complete projects ahead of
time, and reduce costs due to decreased worker turnover. In addition, grant recipients and
subrecipients are encouraged to consider potential Disaster-Relief Employers that have
demonstrated a track record of support for other Good Jobs Principles including:
• Wages and Worker Safety: Employers that ensure timely payment of wages that meet the
local cost of living and provide safe worksites.
• Child care or Other Benefits: Employers that offer child care or other benefits that may
be needed to attract and retain working parents.
• Worker Voice: Employers provide opportunities for workers to provide input on working
conditions and ensure workers feel comfortable exercising their rights (e.g., reporting
concerns and violations).
Subrecipients & Subawards. Where applicable, DWG applicants must identify any subrecipients
that will support grant activities. As defined in 2 CFR 200.1, a subrecipient means an entity that
receives a subaward to carry out part of a Federal grant, but does not include an individual who
is a beneficiary of such award.
Subawards, as described 2 CFR 200.1, are awards provided by a pass-through entity to a
subrecipient to carry out part of a Federal award received by the pass-through entity. They do
not include payments to a contractor, payments to an individual who is a beneficiary of a Federal
program, or payments to a participant. A subaward may be provided through any form of legal
agreement, including an agreement that the pass-through entity considers a contract.
Grant recipients may subaward funds to local boards or other entities such as public and private
agencies and organizations that were previously engaged in such projects. A grant recipient,
when working with subrecipients, must ensure that it works with responsible entities to ensure
successful performance. As part of its due diligence to work with responsible entities, this may
include a risk evaluation or assessment to ensure that entity has the internal controls and systems
in place to effectively manage the grants funds in accordance with program requirements, 2 CFR
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part 200, and the terms and conditions of the subaward. Subrecipients must adhere to the same
terms and conditions applicable to the DWG grant recipient. Project operators are subrecipients
of a DWG grant.
Proposed Project Timeline. An application must include a timeline of the proposed project that
reflects the applicant’s proposed project design. The timeline should include the anticipated
project implementation schedule, project goals and objectives, expected participant enrollment
targets, and other relevant information that demonstrates that the proposed project is achievable
and thought through. The timeline should also demonstrate that the funding request is
reasonable based on anticipated activities, costs, enrollments, or other elements.
Section 2.B: Grant Awards
Allowability of Costs. Part of ETA’s review of a DWG application is to determine whether the
costs associated with the proposed activities are allowable (necessary, reasonable, and allocable)
based on the information provided in the application. Generally, a DWG application must
include information that explains how the estimated costs are determined based upon existing
fiscal policies or costs for comparable programs, and in alignment with the proposed project
activities and Community Needs Assessment.
Award Procedures. Within 45 calendar days of the receipt of a complete and responsive
application meeting all DWG submission requirements, ETA will make a decision to approve or
disapprove the request. Awards are based on the availability of Federal funding and are made at
ETA’s discretion. ETA will issue a notice of award for successful applications no later than 10
days following the Secretary’s approval of the grant award.
Grant Start Date. Unless otherwise requested by an applicant, ETA will award DWGs with start
dates that align with the date of award, and all grant-funded services will begin following the
date of award.
However, to better enable DWG projects to rapidly address the impacts of the qualifying disaster
or layoff event, ETA encourages applicants to consider requesting in their application an earlier
start date to reimburse allowable costs incurred for DWG activities started before the date of the
award, as long as a formal request with justification for an earlier start date is included in the
application and that request is approved in the grant award. The proposed start date may not
precede the latest of either the first day of the current fiscal year or the date of the qualifying
disaster or emergency event, for Disaster Recovery DWGs, or the qualifying layoff notification
or layoff, for Employment Recovery DWGs.
Once established, the start date cannot be modified.
Period of Performance & Closeout. The period of performance for DWG funds begins at the
project start date and continues through the project end date, as specified in the grant award. To
help ensure that grant recipients are best able to carry out the planned grant activities, ETA will
generally award DWGs with a period of performance not to exceed 36 months from the project
start date, unless an applicant specifically requests a shorter period of performance. All funds
must be obligated during the period of performance. The period of performance established with
the initial award governs the ability to obtain incremental and additional funding. ETA will
consider a one-time extension of the period of performance by up to 12 months with appropriate
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justification, which includes a demonstration that the recipient will be able to complete planned
grant activities within the extended period. Extensions to the period of performance will not be
considered for the sole purpose of spending down funds or exceeding performance goals or
where ETA has determined that the grant recipient to be high risk.
All final reports are to be submitted no later than 120 calendar days after the conclusion of the
period of performance. (2 CFR 200.344(b)).
Part 3: Grant Funding Approach
New DWG Funding Approach. This TEGL introduces a new funding approach for DWGs.
Where ETA historically funded nearly all DWGs on an incremental basis, ETA will now aim to
award DWGs in-full, with funding limitations as described in this section. This change in
approach is driven by ETA’s analysis of the DWG grants over the three-year period preceding
the publication of this guidance, and considering the recent history of decreased federal funding
available for DWGs. If federal funding available for DWGs were to materially increase, ETA
may conduct additional analysis of the DWG funding approach.
This new funding approach is not intended to affect how or when eligible applicants apply for
funding. It is describing ETA’s approach to determining funding levels after receiving an
application and deciding to make an award. ETA will continue to evaluate each DWG
application on a case-by-case basis and determine if it is appropriate to fund in full or
incrementally based on a number of factors, including availability of funds, severity of
qualifying event as demonstrated in the application or as determined by the Secretary, the
viability of a proposed project, and an applicant’s prior performance or demonstrated capacity to
effectively manage a DWG.15
DWG Funding Limitations. Availability of funds fluctuate throughout the year based upon
appropriated funds and the number and severity of qualifying events affecting the workforce
system. To best manage DWG resources and to ensure that DWG funds remain available
throughout the year to address the needs that arise, ETA generally limits the funding amounts for
both Disaster Recovery and Employment Recovery DWG awards, whether funded in full at the
time of the award or funded incrementally. DWG awards will generally not exceed the
following limits:
• For Disaster Recovery DWGs for FEMA-declared emergencies or disasters: $5 million.
(In cases where a disaster affects multiple large population centers within a state or where
the applicant demonstrates the impacts of the qualifying event require higher funding
levels, ETA may provide awards of up to $10 million). Note that this $5 or $10 million
limit is for a single grant award and does not necessarily represent a limit on how much
assistance will ultimately be awarded to address the overall impacts of the disaster. See
Section 3.C. on requesting additional funding.
o For Disaster Recovery DWGs for emergencies or disasters of national significance,
such as the public health emergency declaration for the opioid epidemic, $1.5 million
(except in extraordinary circumstances that indicate a higher award amount is
appropriate).
15
Applicants should note that prior DWG experience and performance are only considerations for how funds are
disbursed and are not included in determinations of whether an applicant or project is funded.
I - 23
• For Employment Recovery DWGs, $2 million (except in specific circumstances).16
These funding limitations are based on ETA’s analysis of DWG grant applications, awards, and
the amount and rate of grant expenditures over the three-year period preceding the publication of
this guidance. ETA will update DWG funding limitations as necessary to account for changing
circumstances. In circumstances where the severity, scale, or other factors associated with a
DWG qualifying event indicate, higher award amounts may be appropriate, and such
determinations are made at the Secretary’s discretion.
Whether DWGs are funded in full or incrementally, the approved funding amount may be lower
than the amount requested by the applicant. ETA may authorize reduced awards in situations
such as the following:
• For applications requesting funding that exceeds availability of funds or published
funding limitations;
• For evolving qualifying events where additional time is needed to determine the full
impact, such as continuing disaster events like the opioid crisis or layoff events that are
spread out over time;
• Where applicants have not demonstrated experience or performance with DWGs; or
• Based on other circumstances as determined by the Secretary.
Section 3.A: Grant Awards Funded in Full
When circumstances allow, ETA will generally aim to fund DWG awards in full, up to the
funding limitations described above. When grants are funded in full at the time of award, the
funds received will generally be the only funds the recipient will receive under that award.
Additional funding may be considered under certain circumstances described in Section 3.C.
below.
Section 3.B: Grant Awards Funded Incrementally
Though ETA will generally fund awards in full, ETA may choose to fund DWGs incrementally.
Situations where incremental funding may be appropriate include:
• When there is a limited availability of DWG funds;
• In certain cases where the Secretary has determined that a grant award should exceed the
funding limitation;
• For awards to entities with limited or no prior experience operating DWGs, including
those entities that are not a part of the public workforce system (for example, those
applicants that meet the eligibility criteria of “other entities that demonstrate their
capability to apply”); or
• When an applicant has a history of failing to meet performance or other benchmarks in
previous DWGs.
16
Exceptions to DWG Funding Limitation Amounts: At its discretion, ETA may fund DWG awards at levels that
exceed the limitations identified in this section. While such exceptions will be made on a case-by-case basis,
examples of circumstances that might trigger an exception could include:
• Disaster events of exceptionally large scale or impact.
• Disaster events that create impacts that pose a serious threat to the national economy or to national security.
• Layoff events that result in an outsized impact on a community or region.
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Incrementally funded DWGs are generally awarded with an overall up-to amount, with funds
released in up to three increments as funds are expended, as project goals are met, or on a
schedule established as part of the grant Terms and Conditions. Approval of the award “up-to”
ceiling does not represent obligation of funds beyond the immediate increment, and each
subsequent increment up to the award ceiling is contingent upon demonstration of need to
support ongoing disaster-relief employment or employment and training activities, continuing or
evolving community needs, and progress made toward the enrollment goals and milestones
established in the approved grant agreement.
Grant recipients that are funded incrementally may be considered for the next increment when:
• The recipient has addressed all outstanding Conditions of Award;
• The recipient demonstrates that expenditures have reached, or are within 45 days of
reaching, approximately 70% of the total DWG funds awarded to date. The recipient
may provide evidence of obligations occurring within the 45 days to demonstrate
expenditures are within 45 days of reaching 70%;
• The recipient demonstrates that program needs continue, as evidenced by enrollments,
expenditures, performance measure outcomes, and other data as applicable;
• ETA reports and documentation demonstrate the grant recipient is making a reasonable
effort to achieve program goals;17 and
• Sufficient time remains in the period of performance to complete the full complement of
services for any existing or potential new participants and fully expend the next
increment.
Grant recipients may request subsequent increments of funding by submitting a grant
modification request to their Federal Project Officer. Grant recipients may request a subsequent
increment that is larger than the amount established in the grant Terms and Conditions; however,
ETA will only consider such requests when funds are available, and the grant recipient has
sufficiently demonstrated that an increase to the next increment is in the best interest of the grant
program and ETA. When additional funds become available or other factors indicate, ETA may
initiate renegotiation of the grant Terms and Conditions with the grant recipient as appropriate.
Section 3.C: Additional Funding
Additional funding refers to funds requested once the total approved award threshold has been
funded. As noted above, for particularly large disasters, states may need additional resources
after using those provided in an initial DWG award. (This is different than “incremental
funding” which refers to funds received up to an approved award threshold.) ETA will consider
a grant recipient’s request for additional funding for DWG awards as follows:
17
ETA’s review of a request for funding increments will consider an applicant’s demonstrated success or progress
towards meeting any specific outcomes and milestones identified in the initial application, as well as progress in
responding to monitoring reports, audit reports, high risk notifications, and compliance with the grant agreement
including terms and conditions found at the ETA Grant Resources webpage
(https://www.dol.gov/agencies/eta/grants/resources). ETA may review quarterly performance reports to ensure that
the recipient is making a reasonable effort to achieve program goals and may review monitoring reports and
corrective action plans to ensure that the recipient is managing the program in compliance with the grant agreement
and all relevant federal regulations. Such a demonstration should be included in the amendment requesting a
funding increment and may include evidence of efforts made to achieve specific outcomes, milestones or enrollment
numbers, even where the grant recipient has been unable to meet those goals.
I - 25
• For DWGs funded in full: When the grant recipient demonstrates progress on program
goals, via quarterly performance and expenditure reports and other documentation, and
additional funds are needed due to the ongoing or changing effects of the qualifying event
and its associated impacts as described in the Community Needs Assessment in the
original application. Alternatively, when the grant recipient demonstrates that additional
funds are needed to complete the approved project within the approved period of
performance.
• For DWGs funded incrementally: When the grant recipient demonstrates the
requirements above for requesting the next increment, and when the grant recipient is
able to demonstrate that additional funds are needed to complete the approved project
within the approved period of performance.
Grant recipients may apply for additional funding through Grants.gov. ETA will not consider
requests for additional funding for activities that will require a period of performance extension
in order to complete.
Section 3.D: Emergency Applications
Eligible applicants may submit an emergency application for a Disaster Recovery DWG as
described in Section 2.A. above. ETA will award Disaster Recovery DWGs in response to
emergency applications for up to $1,000,000 to enable grant recipients to begin grant activities as
quickly as possible. Grant recipients may request funding in addition to that received following
an emergency application, up to the funding amount limitation for Disaster Recovery DWGs, as
part of their full application submission. The funding request included in the full application is
contingent upon the grant recipient’s assessment of the specific impacts of the declared disaster
as described in the Community Needs Assessment, the expected number of participants to be
enrolled, and the anticipated costs associated with these services.
Section 3.E: Other DWG Funding Criteria
The period of performance for all DWGs will be 36 months from the start date established in the
grant agreement for the initial award. Grant recipients may request one period of performance
extension of up to 12 months. Such a request may be made only in the final year of the period of
performance and may not include a request for additional funds.
ETA will not consider requests for incremental or additional funding, or period of performance
extensions, and may impose fund drawdown or other award restrictions in cases where a grant
recipient has not demonstrated compliance with the grant award Terms and Conditions or has not
met established timelines for addressing conditions of award as described in a grant award
document.
Part 4: Administrative Policies
Section 4.A: Risk Review
At its discretion, ETA intends to fund applicants that adequately demonstrate eligibility
according to the application requirements. ETA may elect to award a grant with or without
discussions with the applicant. Should ETA award a grant without discussions, ETA will base
the award on the applicant’s signature on the SF-424, including electronic signature, which
constitutes a binding offer by the applicant.
I - 26
NOTE: ETA will determine if the applicant had any restriction on spending for any ETA grant
due to adverse monitoring findings within the past three years. Depending on the severity of the
findings, the Grant Officer may elect to not provide the applicant a grant award or impose
conditions on the award.
All applications deemed to be complete and responsive by the Grant Officer will go through a
risk review process. Before making an award, ETA will review information available through
any OMB-designated repository of government-wide eligibility qualification or Federal integrity
information, such as the Federal Awardee Performance and Integrity System (FAPIIS),
Sam.gov’s suspension and disbarment, and “Do Not Pay.” Additionally, ETA will comply with
the requirements of 2 CFR Part 180 (Government-wide Debarment and Suspension Non-
Procurement). This risk evaluation may incorporate results of the evaluation of the applicant’s
eligibility (application screening) or the quality of its application (technical review). If ETA
determines that an entity is responsible and an award will be made, special conditions that
correspond to the degree of risk assessed may be applied to the award. Risk-related criteria
evaluated include:
1. Financial stability;
2. Quality of management systems and ability to meet the management standards prescribed
in the Uniform Guidance;
3. History of performance as evident in the applicant’s record in managing awards,
cooperative agreements, or procurement awards; if it is a prior recipient of such Federal
awards, including timeliness of compliance with applicable reporting requirements,
conformance to terms and conditions; and if available, the extent to which any previously
awarded amounts will be expended prior to future awards;
4. Reports and findings from audits performed under Subpart F – Audit Requirements of the
Uniform Guidance (2 CFR Sections 200.500 – 200.521) or the reports and findings of
any other available audits, as well as audits and monitoring reports containing findings
and issues of non-compliance or questioned costs; and
5. The applicant’s ability to effectively implement statutory, regulatory, or other
requirements imposed on recipients.
Selection of an organization as a recipient does not constitute approval of the grant application as
submitted. Before the actual grant is awarded, ETA may enter into negotiations about such items
as program components, staffing and funding levels, and administrative systems in place to
support grant implementation, as well as impose additional requirements on the grant-supported
activities the applicant proposed. If the negotiations do not result in a mutually acceptable
submission, the Grant Officer reserves the right to terminate the negotiations and decline to fund
the application. ETA reserves the right to not fund any application related to this TEGL.
For-profit or commercial entities that are submitting an application must adhere to the Uniform
Guidance at 2 CFR part 200 and 2 CFR part 2900. This requirement extends to subrecipients
that are for-profit or commercial entities.
I - 27
Section 4.B: Partnership in the American Job Center (AJC) Network
DWGs are funded through Title I of WIOA and are considered required one-stop partners in the
local AJC network.18 Partnership in the one-stop system provides an array of benefits to the
partner organization and participants being served by the DWG, including: access to a wide array
of services and resources, outreach and recruitment, connections to businesses, access to
economic or labor market information, and participation in a regional economic partnership.
Most DWGs are awarded as supplemental funds to support an already existing Title I dislocated
worker program, which renders them part of the existing local one-stop partnership. As such,
DWG grant recipients that are currently one-stop partners would not be required to update or
modify the existing Memoranda of Understanding (MOUs) or Infrastructure Funding
Agreements (IFAs).
However, DWGs awarded to grant recipients that are not already one-stop partners must engage
with the local workforce development board to become a partner in the AJC network and be
included in the local MOUs and IFA.19 DWG recipients must become one-stop partners and
recognized in the MOU and IFA no later than six months from the grant award date. For more
information on MOUs and IFAs, a technical assistance resource called the Sample MOU and
IFA Toolkit may be found on www.workforcegps.org.
An application for a DWG will require an applicant to indicate that they are, or commit to
becoming, a one-stop partner. Tools and resources to support an applicant’s efforts to become a
partner may be found on ETA’s How to Apply website
(https://www.dol.gov/agencies/eta/grants/apply). The Grant Agreement will provide more
information on this requirement.
Section 4.C: Waivers
20 CFR 687.190 allows approved WIOA statutory or regulatory waivers for state formula funded
WIOA programs to be applied to DWGs. A grant application seeking to apply the waiver must
include a description of the approved waiver and request that it be applied to the DWG. ETA
will consider such requests as part of the overall DWG application review and decision process,
but applicants may not use this process to request new waivers. The process for requesting a
WIOA waiver is separate from the DWG application process. See TEGL 8-18, Workforce
Innovation and Opportunity Act (WIOA) Title I and Wagner-Peyser Act Waiver Requirements
and Request Process, for instructions on requesting a WIOA waiver.
Similarly, grant recipients may request already-approved statutory or regulatory waivers for a
state’s formula-funded WIOA programs be extended to their DWG through a grant amendment
request. This amendment request also must describe the waiver and request application of the
waiver to the DWG.
18
Guidance related to required WIOA partners, MOUs, and IFAs can be found in TEGL 16-16 and TEGL 17-16.
19
As required one-stop partners, Native American programs (described in WIOA Section 166) are encouraged to
contribute to infrastructure costs, but they are not required to make such contributions under WIOA. Any agreement
regarding the contribution or non-contribution to infrastructure costs by Native American programs must be
documented in the MOU (WIOA Section 121(h)(2)(D)(iv); see also 81 FR 55911-55912 of the preamble to the Joint
WIOA Final Rule). See TEGL 17-16 for more information on infrastructure costs.
I - 28
ETA cannot waive the statutory and regulatory requirements of DWGs, which are outside the
waiver authority at WIOA Section 189(i).
Section 4.D: Veterans’ Priority
DWGs are subject to the provisions of 38 U.S.C. 4215, which provides priority of service to
veterans and eligible spouses in all Department of Labor-funded job training programs. Veterans
and eligible spouses who meet DWG eligibility will receive priority of service for training made
available under DWGs, as described in TEGL No. 10-09, Implementing Priority of Service for
Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in whole or in
part by the U.S. Department of Labor (DOL).
Section 4.E: DWG Limitations
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards (Uniform Guidance). All proposed project costs must be necessary, reasonable, and in
accordance with Federal guidelines. ETA will determine allowable costs in accordance with the
Cost Principles, now found in the Office of Management and Budget’s Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform
Guidance), codified at 2 CFR part 200 and DOL’s regulations at 2 CFR part 2900. Disallowed
costs are those charges to a grant that ETA or its representative determines not to be allowed in
accordance with the Uniform Guidance or other conditions contained in the grant.
Indirect Costs. As specified in the Uniform Guidance, indirect costs are those that have been
incurred for common or joint objectives and cannot be readily identified with a particular final
cost objective. Grant recipients have two options to claim reimbursement of indirect costs.
Option 1: Grant recipients may use a Negotiated Indirect Cost Rate Agreement (NICRA, see
2 CFR part 200 Appendix IV) or Cost Allocation Plan (CAP, see 2 CFR part 200 Appendix
V) supplied by the Federal Cognizant Agency. If grant recipients do not have a NICRA/CAP
or have a pending NICRA/CAP, and in either case choose to include estimated indirect costs
in their budget, at the time of award the Grant Officer will release funds in the amount of 15
percent of salaries and wages to support indirect costs. Within 90 days of award, grant
recipients must submit an acceptable indirect cost proposal or CAP to its Federal Cognizant
Agency to obtain a provisional indirect cost rate.
Option 2: Any non-Federal entity that does not have a current negotiated (including
provisional) rate, with the exceptions noted at 2 CFR 200.414 in the Uniform Guidance, may
elect to charge a de minimis rate of 15 percent of modified total direct costs (see 2 CFR
200.1 for definition). The de minimis rate does not require documentation to justify its use
and may be used indefinitely. If a grant recipient chooses this option, this methodology must
be used consistently for all Federal awards until such time it chooses to negotiate for an
indirect cost rate, which it may apply to do at any time. (See 2 CFR 200.414 for more
information on use of the de minimis rate.)
Applicants charging indirect costs to a grant must submit a NICRA or CAP, which has been
approved by their Federal Cognizant Agency, that covers the entire period of performance.
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Administrative Costs. ETA applies administrative cost limitations to all DWGs as follows.
1. A grant recipient with one or more subrecipients or project operators may retain up to 5
percent of the award amount for administrative costs, and the subrecipients may retain up
to 10 percent of the award amount (for a total of 15 percent of the award).
2. If a state or a local workforce area is the grant recipient, total administrative costs must
not exceed 10 percent.
3. ETA will negotiate administrative cost limitations with all other grant recipients.
WIOA title I functions and activities that constitute administrative costs are identified at 20 CFR
683.215. Administrative costs may include both direct and indirect costs.
Section 4.F: Other Terms
ETA may negotiate and fund projects under terms other than those specified in these DWG
guidelines when applicants can demonstrate that such adjustments will achieve a greater positive
benefit for the workers and/or the communities assisted, and provided the altered terms are
allowable under WIOA and 20 CFR part 687; for more information visit the grant terms and
conditions website (https://www.dol.gov/agencies/eta/grants/resources).
Part 5: Post-Award Requirements and Information
Section 5.A: Participant Enrollment and Grant Performance
Participant Enrollment. An important element in demonstrating success for DWG projects is
participant enrollment. Grant funding amounts, including up-to award amounts for
incrementally funded grants, are based largely on the total number of participants an applicant
proposes to enroll, and assessing grant progress requires a consistent expectation for planned
participant numbers.
Grant recipients may not reduce their total participant enrollment goal after approval of a full
application. ETA encourages grant recipients to make all reasonable efforts to achieve or exceed
planned participant levels; grant recipients who can demonstrate that they have made substantial
efforts to meet enrollment goals will not be penalized in future grant applications for failure to
meet these goals. In addition, ETA is concerned with total participant enrollment, inclusive of
all the proposed categories of service such as disaster-relief employment and employment and
training activities, and grant recipients are only expected to meet the total number of planned
participants, not the sub-total for each service category separately, regardless of the service mix
that was initially proposed.
Grant Performance
Performance Measures. For grant recipients that are states or outlying areas, the negotiated
performance measures for the WIOA title I Dislocated Worker program serve as a basis for each
DWG’s performance goals. These performance measures are Employment Rate the second and
fourth quarter after exit, Median Earnings the second quarter after exit, Credential Attainment,
Measurable Skill Gains, and Effectiveness Serving Employers. ETA negotiates with states to
determine acceptable performance measures for the title I Dislocated Worker program. These
measures will be used for DWGs unless applicants request additional considerations to set
performance measures for an individual grant. Grant recipients that are local WDBs use
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performance measures negotiated with the state for the title I Dislocated Worker program. Grant
recipients that are entities described in WIOA Section 166(c) Indian and Native American
Program use measures established for that program as a basis for DWG performance targets.
Goals approved in the DWG application serve as final performance measures for all grant
recipients.
Reporting. DWG recipients must submit Quarterly Performance and Quarterly Narrative Reports
in accordance with TEGL 14-18, Aligning Performance Accountability Reporting, Definitions,
and Policies Across Workforce Employment and Training Programs Administered by the U.S.
Department of Labor (DOL), Attachment 6.
Further resources and information on DWG performance are available on the DWG performance
web page (https://www.dol.gov/agencies/eta/dislocated-workers/performance). Grant recipients
should be aware that performance data may be posted publicly on ETA’s website.
DWG recipients must submit financial reports using the ETA-9130 (G) Financial Report,
including training expenditures under Section 11c. Guidance and instructions are available at the
Financial Reporting website (https://www.dol.gov/agencies/eta/grants/management/reporting).
Section 5.B: Post-Award Information
Project Implementation Plan. Unless otherwise specified by the regional office, each grant
recipient must develop a Project Implementation Plan to reflect the approved project design and
funding parameters in the grant award as well as identify project timelines, anticipated outcomes,
potential challenges for reaching targets, and other information that will enable ETA to support
the grant recipient. The grant recipient must complete the implementation plan within 60
business days of the award of a grant following a full application and transmit the plan to the
Federal Project Officer upon completion.
Grant Amendments. DWG recipients must request and obtain prior written approval for most
revisions to a grant project, per the Uniform Guidance at 2 CFR 200.308. In order to request
such changes (e.g., statement of work changes, budget realignments, and period of performance
extensions), recipients must submit amendments to address the changing circumstances affecting
the project’s implementation. Recipients must also submit amendments to respond to special
conditions of award, or to request incremental or additional funding. For additional information
on the DWG amendment process, see ETA’s How to Apply webpage
(https://www.dol.gov/agencies/eta/grants/apply).
Grant Recipients Covered by the “477 Program”. Public Law 102-477, the Indian Employment,
Training and Related Services Demonstration Act of 1992, as amended, which is commonly
called the 477 Program, was developed to tackle issues within Native communities by promoting
Tribal self-determination and comprehensive community development. The 477 Program allows
Federally-recognized Tribes to integrate funds and programs from across a number of Federal
agencies into a single program, which is designed to enable streamlined operations, reduced
administrative burdens, and enhance employment, training, and related program services within
Native American communities.
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DWGs are among the funds that are eligible to be consolidated under a 477 plan. ETA
encourages Tribes which expect to consolidate their DWG award into an existing 477 plan to
notify ETA in their application, so ETA can efficiently support the 477 process.
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Attachment II
Attachment II: Policy Explanations and Examples to Support DWG Program
Guidance
Attachment 2 provides additional information, explanations, and examples for how applicants
and grant recipients can operationalize the program requirements and flexibilities of the DWG
program. The aim is to enable grant recipients to design their grants to be successful and well-
tailored to the needs on the ground, leading to successful grant implementation and outcomes.
These examples are intended to be illustrative of ways that projects could be designed to meet
the intent of the program and provide the best outcomes for participants and communities
affected by disaster events or large layoffs.
The information in this Attachment is organized into four sections:
• Descriptions of flexibilities and examples of participant eligibility in Disaster Recovery
DWGs.
• Examples and clarifications for other DWG program policies to support the
development of allowable and flexible grant activities.
• Understanding the difference between “mitigation” and “prevention” activities in
disaster-relief employment.
• Consolidating information specific to Indian tribal governments and WIOA Section 166-
eligible entities.
Section 1: Participant Eligibility, Disaster Recovery DWGs
The most asked question related to Disaster Recovery DWGs is about the eligibility categories
for participants. This section of Attachment II provides additional context and information on
the four categories of participant eligibility, as well as some ideas on how grant recipients might
develop policies that maximize enrollments to better address the needs of individuals following a
qualifying emergency or disaster event.
Per Section 1.A of TEGL Attachment I, grant recipients must develop and follow written policies
and procedures for determining participant eligibility; these policies should include how the
grant recipient applies terms such as “laid off as a consequence of the emergency or disaster,”
“long-term unemployed,” and “significantly underemployed.” To best ensure that grant
recipients are able to enroll participants quickly, grant recipients may apply these eligibility
terms and protocols in a manner that provides the most flexibility, enables identification of the
broadest participant eligibility pool, and ensures speedy enrollment. The table below provides
some examples of the kinds of flexibility that might be associated with each of the Disaster
Recovery DWG participant eligibility categories.
Table 1: Disaster Recovery DWG Participant Eligibility Categories
Eligibility Categories Elements of Potential Example(s) of Use
Flexibility
Temporarily or permanently This category contains three A worker who is currently in
laid off as a consequence of separate elements that might a job with low wages cannot
the emergency or disaster provide flexibility to grant work for four weeks after a
[emphasis added.] recipients: flood due to road damage but
II - 1
returns to work following
• The WIOA statute lists repairs. A grant recipient
“temporarily or might have a policy that
permanently laid off” considers the four weeks of
separately from not being able to work due to
“dislocated worker,” and storm damage to be
thus it has a different “temporarily laid off.”
meaning than “dislocated” Despite possibly not
and is not limited to the qualifying as a “dislocated
definition at WIOA worker,” under this policy
Section 3(15). For applying the eligibility
purposes of this category of “temporarily or
participant eligibility permanently laid off”, this
category, “laid off” may worker might therefore be
be read as “lost a job.” eligible to receive services
• How the grant recipient under a Disaster Recovery
determines the meaning of DWG and enroll in training
the phrase “as a for higher-wage employment
consequence of the opportunities.
emergency or disaster” in
conjunction with the In another example, the term
reason for a job loss may “laid off as a consequence of
create unique the disaster” might apply to
opportunities to enroll an individual who is fired
individuals who would from employment for use of
not otherwise be eligible opioids and therefore not
as dislocated workers. likely an eligible “dislocated
• “Temporarily” laid off: worker” under the definition
the WIOA statute does not at WIOA Section 3(15).
require any specific They might be eligible to
amount of time for an participate in a Disaster
individual to be without Recovery DWG when the
work. disaster is the HHS public
health emergency declaration
related to the opioid crisis;
the term “laid off” here may
be interpreted to mean that
such an individual lost their
employment, but because the
loss of employment is as a
result of the declared disaster
or emergency situation, this
may make that individual
eligible to participate in a
Disaster Recovery DWG
addressing the opioid crisis.
Dislocated workers • Several aspects of the A grant recipient’s existing
WIOA definition at policy for determination of
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Section 3(15) must be eligibility as a dislocated
interpreted and applied to worker is applicable in a
determine participant Disaster Recovery DWG.
eligibility; the most
obvious being the criteria
that an individual be
“unlikely to return” to
their prior industry or
occupation.
• WIOA Section 3(15)
includes language that
addresses “individual”
eligibility 3(15)(A) as
well as “group eligibility”
at 3(15)(B) which may
provide additional
avenues for participant
eligibility determinations.
• Any flexibilities that
WIOA provides to
Governors concerning
establishing procedures
for interpreting and
applying the definition of
dislocated worker to
individuals apply under
Disaster Recovery DWGs
as well.
Long-term unemployed WIOA, and this guidance, A grant recipient might
individuals leave this definition to the determine that the long-term
state or other entity who is the unemployed individual
grant recipient, which creates eligibility category applies
substantial opportunity to for:
establish a definition that • Individuals with sparse
enables the broadest work history.
eligibility to be applicable. • Currently incarcerated
individuals who will soon
be released.
• Homeless Veterans
Reintegration Program
(HVRP) grant participants
who are unemployed.
• Returning citizens.
Self-employed individuals States may define the term Significantly underemployed
who became unemployed or “significantly might be defined as:
significantly underemployed underemployed” in • A percentage or amount of
as a result of the emergency implementing this aspect of income loss due to the
or disaster [emphasis added.] eligibility.
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impacts of a disaster
event.
• Loss of a major client or
customer of a self-
employed individual,
caused by the disaster
event.
Section 2: Other DWG Program Clarifications
This section highlights a series of specific topics and provides examples for how a grant recipient
might interpret, understand, or implement DWG-funded practices or policies. The table below
additionally includes reference(s) to the relevant TEGL content.
Table 2: Other DWG Program Clarifications
Topic Example Reference
Disaster Recovery Cleanup and recovery activities must be designed to Pg I-4
DWG: Disaster- address, mitigate, or otherwise limit the damage, or
Relief Employment, the health and safety impacts, of the current disaster.
Cleanup and Repairs and reconstruction must be of facilities,
Recovery Activities lands, or offshore areas damaged as a consequence of
a declared disaster event.
For public health emergencies such as the opioid
crisis, cleanup and recovery activities may be
difficult to identify as there may not be physical
damage from the declared event. However, WIOA
might permit a grant recipient to use Disaster
Recovery DWG funds, for example, for temporary
employment removing deposits of used needles from
places where individuals frequently use heroin to
mitigate the spread of hepatitis and other diseases.
In contrast, WIOA would not allow the demolition of
abandoned buildings where opioid abuse occurs
unless an applicant could show the opioid crisis
caused the damage or destruction of those buildings.
Disaster Recovery Humanitarian assistance generally includes actions Pg I-5
DWG: Disaster- designed to save lives, alleviate suffering, and
Relief Employment, maintain human dignity in the aftermath of disasters.
Humanitarian Humanitarian assistance disaster-relief employment
Assistance may include activities supporting projects that
provide food, clothing, shelter, and other assistance
in response to the direct impacts of, or needs
resulting from, the disaster situation named in the
Federal declaration. Some examples include:
1. Some disasters result in or exacerbate an
existing shortage of child care opportunities,
which in turn may create difficulties for many
II - 4
parents to be able to return to work following
an emergency or disaster event. In response,
DWGs might create disaster-relief
employment opportunities that are focused on
providing child care when a grant recipient
can show that enabling people to go back to
work would help to alleviate the economic
impacts of the disaster.
2. Similarly, in a public health emergency such
as the opioid crisis, humanitarian assistance
disaster-relief employment positions might
include:
• Staffing support for addiction treatment
services;
• Serving as peer recovery navigators or in
other peer-focused positions that support
individuals struggling with opioid addiction
or recovery from opioid addiction; or
• Carrying out intake and coordination services
that connect homeless individuals affected by
the opioid crisis to partners who can provide
shelter, food, and other assistance.
3. In the opioid public health epidemic,
overdose is a major concern. To help ensure
that members of the community are able to
help address incidents of overdose, Disaster
Recovery DWG funds could be used to create
disaster-relief employment opportunities that
train members of the community to use
naloxone (which is used to reverse the effects
of opioid overdose). (Note that DWG funds
cannot be used to purchase naloxone for
general use in the community.)
4. Disaster Recovery DWGs that are awarded to
grant recipients responding to declared
disasters in other geographic areas due to an
influx of individuals who have relocated to
the recipients’ location may offer participants
disaster-relief employment where appropriate,
such as working in designated shelters to
provide humanitarian assistance to relocating
individuals impacted by the disaster.
Disaster Recovery ETA encourages grant recipients and project Pg I-22
DWG: Choosing operators to identify appropriate Disaster-Relief
the Best Option for Employers based on the nature and scope of the
II - 5
Disaster-Relief disaster and the types of disaster-relief activities that
Employers projects will conduct. ETA encourages grant
recipients and subrecipients to have contracts or other
agreements in place with Disaster-Relief Employers
to ensure that they comply with all DWG and other
relevant rules and requirements, including with
regard to employment activities, participant
eligibility, participant safety and health (including
OSHA safety and work condition standards), pay and
benefits, unemployment insurance or workers
compensation, and any other Federal, state, or local
requirements.
Employers must adhere to Federal, state, and local
labor standards and laws covering all workers.
In addition, ETA encourages grant recipients and
project operators to work with Disaster-Relief
Employers who may offer, or who may be inclined to
move towards offering, good jobs that provide family
sustaining wages and good benefits and other
elements of the Good Jobs Principles.
For more information on good jobs, see TEGL 07-22.
Disaster Recovery All DWG participants, in either Disaster Recovery or Pg I-6
DWG: Supportive Employment Recovery DWGs, may receive
Services supportive services. While supportive services for
participants receiving employment and training
services generally align with state or local policies,
Disaster Recovery DWG grant recipients are
encouraged to design and offer supportive services
for disaster-relief employment participants that are
customized to the specific needs created by the
declared disaster event.
The opioid public health emergency, for example,
has impacts that are unique and require careful and
specific interventions to support grant participants.
Some examples of supportive services for a Disaster
Recovery DWG related to the opioid crisis include:
• Healthcare, mental health treatment, addiction
treatment, or other forms of outpatient
treatment that may impact opioid addiction
and related, underlying, or complicating
conditions.
• Additional services needed to facilitate post-
training employment of participants impacted
by the opioid crisis.
II - 6
• Linkages to community services, including
services offered by partner organizations
designed to support grant participants.
• Purchase and provision of items necessary for
participants to perform disaster-relief
employment.
• Assistance with child care and dependent
care.
• Payments and fees for employment and
training-related applications, tests, and
certifications.
Disaster Recovery Participants in disaster-relief employment positions Pg I-7
DWG: Disaster may be employed for a maximum of 12 months or
Recovery 2,080 hours, whichever is longer.
Employment (DRE)
Participant However, there may be cases where a participant
Employment enrolled in disaster-relief employment under a
Duration Disaster Recovery DWG may be able to be enrolled
Limitations and into a new Disaster Recovery DWG and receive
Exceptions disaster-relief employment under this new grant.
Individuals who still meet Disaster Recovery DWG
participant eligibility requirements may be enrolled
in a new grant, if one is available and one or more of
the following conditions are met:
• Where an individual participant has exhausted
their allotted disaster-relief employment
hours.
• An existing grant no longer has sufficient
work available. Or
• Work under an existing grant cannot be
completed due to the impact of a subsequent
disaster.
In such cases, these individuals will be eligible for a
full and separate 2,080 hours of employment under
the new grant.
All DWGs: Per WIOA, DWG participant eligibility is not Pg I-3 (Disaster
Participant restricted to individuals directly impacted by the Recovery
Eligibility, qualifying event. Any individuals who meet the DWG)
Individuals eligibility criteria for the type of DWG that is
Impacted by awarded may be enrolled in the grant. Pg I-12
Qualifying Event (Employment
For example, grant recipients who receive a Disaster Recovery
Recovery DWG in response to an influx of a DWG)
substantial number of individuals relocating away
from a disaster area may enroll any eligible
participant residing in the project service area,
II - 7
including but not limited to eligible individuals who
have relocated.
For an Employment Recovery DWG, a grant
recipient may enroll any individuals who meet the
eligibility criteria; grant recipients are not restricted
to enrolling individuals affected by the qualifying
layoff(s) event(s).
All DWGs: WIOA permits the use of self-attestation as a Pg I-3 (Disaster
Participant mechanism by which participant eligibility may be Recovery
Eligibility, Use of determined. DWG recipients and subrecipients, DWG)
Self-Attestation therefore, may also use self-attestation to determine
participant eligibility, in alignment with Pg I-12
organizational policies. (Employment
Recovery
However, where a participant who has been DWG)
determined eligible through self-attestation needs
certain types of documentation, such as a driver’s
license, to be able to participate in specific grant
activities or to obtain and retain employment
opportunities, grant recipients and subrecipients
should consider using supportive services funds to
help the participant obtain such documentation, if
allowable.
All DWGs: Other DWGs support a broad range of activities that enable Pg I-7 (Disaster
Allowable Activities successful grant activities and outcomes, support Recovery
participants in achieving successful placement in DWG)
unsubsidized employment in good jobs, and better
serve participants from marginalized communities or Pg I-14
those with other barriers. DWG recipients might (Employment
consider carrying out activities such as: Recovery
• Aligning disaster-relief employment activities DWG)
with classroom training, work-based learning
opportunities, or both, to support long-term
employment opportunities for participants in
good jobs that provide disaster resiliency for
communities, workers, and businesses.
• Working with businesses to develop
customized training plans or models, work
experiences (including paid or subsidized
work experiences), or other activities to
enable participants to succeed in training and
ultimately obtain unsubsidized employment
following their participation in the DWG.
• Supporting the development of recovery-
friendly workplaces to support DWG
participants who may be struggling with or in
recovery from substance misuse.
II - 8
• Partnering with employers to develop and
offer good jobs for DWG participants.
• Hosting job fairs or hiring events to enable
DWG participants to obtain employment.
• Organizing and implementing outreach and
recruitment efforts to identify and enroll
eligible participants, including those from
historically marginalized communities.
Section 3: Understanding the Difference Between Allowable and Unallowable Disaster-
Relief Employment
As described on pages I-4, I-5, and I-8 of Attachment I of this TEGL, WIOA requires that any
disaster-relief employment activities carried out under a Disaster Recovery DWG be designed to
address, mitigate, or otherwise limit the damage, health and safety impacts, or other
humanitarian effects of the current disaster. Disaster-relief employment activities that solely or
primarily focus on prevention of and planning for future disaster events is not allowable under a
Disaster Recovery DWG. WIOA allows activities that provide prevention and planning for
future events only if these activities are incidental to responding to the humanitarian assistance
needs created by the disaster.
The table below provides some examples that help distinguish between possible mitigation
(allowable) and prevention (not allowable) activities. These examples are illustrative, and not
exhaustive. Grant recipients should consult with ETA when developing proposed disaster-relief
employment to ensure that all activities are allowable.
Table 3: Mitigation vs Prevention in Disaster-Relief Employment
Mitigation: Allowable Prevention: Not Allowable
Repairing damaged seawall. Building a new seawall where one did not
previously exist.
Replanting trees following a wildfire, which Planting trees to prevent landslides where
may prevent a new disaster (landslides) but is trees did not exist previously.
allowable as “restoration” under WIOA.
Installing a new tornado warning siren system Installing a tornado warning siren system that
to replace one destroyed by a tornado. was not previously available in the disaster-
affected area.
Repair of a damaged storm shelter. Construction of new storm shelters.
Where the disaster event is the contamination Where the disaster event is a hurricane, the
of the local water supply, an allowable DWG would not support the installation of
humanitarian assistance activity could be water filtration systems that might be needed,
installation of water filters to ensure access to but such need was not created by the disaster
clean water. While such filters could protect event.
the affected population from future
contaminations, a grant recipient may use
DWG funds to cover their installation because
this disaster-relief employment activity
addresses a humanitarian assistance need
II - 9
caused by the current disaster event—lack of
access to clean water.
Section 4: Information for Tribal and Native Applicants and Grant Recipients
ETA encourages Indian, Native American, Native Hawaiian, and Alaska Native governments
and grant recipients to apply for Disaster Recovery or Employment Recovery DWGs, where
appropriate. While generally the rules and requirements for the DWG program apply across all
types of grant recipients, there are some that are unique to native and tribal communities. This
TEGL provides context for those elements as applicable, and they are consolidated here in this
Attachment as well.
Table 4: DWG Information for Tribal and Native Applicants
DWG Type and Topic TEGL Language TEGL
Reference
Disaster Recovery DWGs
Applicant Eligibility Indian tribal governments as defined by I-3
the Stafford Act, 42 U.S.C. 5122(6)
Eligible Qualifying Events 1. Emergencies and major disasters. I-2
2. Emergencies or disaster situations of
national significance.
3. Relocation of a substantial number of
individuals from a state, tribal area,
or outlying area affected by a disaster
or emergency to other states, tribal
areas, or outlying areas outside the
disaster or emergency area.
Allowable Employment & Indian tribal governments that receive a I-6
Training Activities Disaster Recovery DWG and may be
unfamiliar with the requirements of
WIOA related to allowable employment
and training activities are encouraged to
work with ETA regional office staff to
ensure alignment with these requirements.
Employment Recovery DWGs
Applicant Eligibility Entities eligible for funding through the I-11
Indian and Native American Program in
WIOA Section 166(c)
Eligible Qualifying Events 1. Mass Layoff or Plant Closure I-10
2. Community Impact
3. Higher-than-Average Demand for
Services from Dislocated Members of
the Armed Services.
Applications for “Higher- WIOA Section 166 Indian and Native I-11
than-Average Demand” American Program applicants can
Qualifying Event coordinate with states or local areas to
obtain such data, and ETA will consider
alternative data sources from these
applicants.
II - 10
Developing Grant Grant recipients that are entities described I-32
Performance Targets in WIOA Section 166(c) Indian and
Native American Program use measures
established for that program as a basis for
DWG performance targets.
All DWG Types
“477 Plan” Consolidation DWGs are among the funds that are I-33
Eligible eligible to be consolidated under a 477
plan. ETA encourages grant recipients
who expect to consolidate their DWG
award into an existing 477 plan to begin
the process to implement the
consolidation as quickly as possible after
an award to maximize the benefit of the
receipt of the funding.
Section 5: DWGs and the Continuum of Resources for Affected Individuals Under
Different Scenarios
Employment Recovery DWGs are one of many important resources that aid in the economic
recovery from layoffs or other situations that create large-scale job loss. The following examples
are designed to provide some context for how Employment Recovery DWGs can be a part of the
resource mix to support workers and communities affected by job losses. Three primary themes
in the below examples are:
• The workforce system can begin services as soon as layoffs occur, with available
resources. That is, do not wait to serve people affected by layoffs even in cases where
an Employment Recovery DWG application has been submitted. Take advantage of
other existing resources. Applicants can even request a DWG with a start date earlier
than the date of award so that allowable costs occurring prior to the award can be
allocated to the grant once the award is received.
• Be prepared and also flexible.
• Understand that Employment Recovery DWGs are not the only resource available and
that there may be other resources that are appropriate vehicles for providing services to
all affected individuals. States and local areas should always look to minimize response
times and maximize available resources and opportunities through effective and
adaptable plans.
Example 1: A state’s Rapid Response coordinator receives a WARN notice announcing a layoff
of several hundred scientists, technicians, and other highly paid workers at a pharmaceutical
factory in a rural area of the state. While these direct layoffs will cause hardship on the affected
workers, including their ability to obtain new employment with comparable wages in the region,
the trickle-down effects of the primary layoff will create additional economic and employment
challenges. Creating a timely and effective response to these impacts requires a comprehensive,
coordinated and innovative approach, aligning a range of different programs and resources to
support economic and workforce recovery. In these situations, Employment Recovery DWGs
can be an important, even if not a central, part of the suite of resources deployed to address the
crisis.
II - 11
In this scenario, states, local workforce areas, and partners can take advantage of the lead time
offered by the advance layoff notification to come together to develop customized strategies for
addressing the specific situation. Maximizing the impact of WIOA-funded resources and other
resources is critical to providing the most value with limited resources. Employment Recovery
DWG recipients, along with other state and local partners from inside and outside the public
workforce system, should consider how best to deploy the grant funds alongside all other
resources to provide the most appropriate services to the most affected workers possible.
Example 2: A state learns that more than 80 workers have lost their jobs at a warehouse, and
there is an indication that the workers were laid off in retaliation triggered by a group of workers
asking for better wages. The state or other eligible applicant might apply for an Employment
Recovery DWG to support the workers who have lost their jobs at the warehouse, as well as
other eligible dislocated workers in the area. In this example, there has been a mass layoff and
therefore a qualifying event for which an ER DWG could be awarded if the applicant establishes
their eligibility. Such a grant would help the workforce system demonstrate how a DWG could
help address dislocation caused by suspected retaliation and might also prompt discussions about
how to use available resources to best support workers who have experienced retaliation.
Example 3: Workers arriving for their shift on a Monday morning at the town’s largest
employer, an automotive parts manufacturer, find the front gates locked and a sign indicating
that the factory, a subsidiary of a major manufacturing firm, is being relocated outside of the
country. With 125 employees immediately unemployed and the jobs of dozens of vendors and
others who serve or benefit from the factory at risk of being lost as well, the local workforce area
does not have time to do in-depth planning for how best to address the situation. While the local
area will apply for an Employment Recovery DWG, those funds will not be immediately
available. In this scenario, ensuring that affected workers are not made to wait for services until
the DWG is awarded is vital to creating the best opportunities for individuals to be reemployed
as quickly as possible. In most cases this requires being prepared for such situations before they
ever occur, and developing the partnerships and strategies that can be quickly triggered should
such an event happen. But even the best plans will not be able to predict or prepare for all
possibilities. Making sure that the plans are adaptable, and state, local, and partner staff are
empowered to be innovative to address changing situations, is greatly important.
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What does federal law require in your situation?
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