Back to Federal guidance

WIOA transition guidance for Indian and Native American grantees

Summary ETA explained how Indian and Native American Section 166 grantees should move from WIA to WIOA, including program operations, participant services, and planning. The attachments provide references and a side-by-side comparison of statutory changes. ETA now labels the letter Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 11-15
Date issued
December 24, 2015
Status
Withdrawn
ETA lists this letter Canceled as of 2026-10-24; its PDF prints Expiration Date: Continuing and Rescissions: None. No cancellation instrument is identified.
Status last verified October 24, 2026

Is this still the rule?

This document has been withdrawn. Ezel checks what federal law requires today, under current federal labor law, and answers your situation with citations.

This document has been withdrawn
ETA lists this letter Canceled as of 2026-10-24; its PDF prints Expiration Date: Continuing and Rescissions: None. No cancellation instrument is identified. It no longer reflects the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
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 / Indian and Native American
                    ADVISORY SYSTEM                        Programs - Operating Guidance
               U.S. DEPARTMENT OF LABOR                    CORRESPONDENCE SYMBOL
                  Washington, D.C. 20210                   OWI/DINAP
                                                           DATE
                                                           December 24, 2015

ADVISORY:         TRAINING AND EMPLOYMENT GUIDANCE LETTER WIOA NO. 11-15
                  OPERATING GUIDANCE for the WORKFORCE INNOVATION AND
                  OPPORTUNITY ACT (referred to as WIOA or the Opportunity Act)

TO:               ALL WIOA SECTION 166 INDIAN AND NATIVE AMERICAN (INA)
                  GRANTEES

FROM:             BYRON ZUIDEMA /s/ for PORTIA WU
                  Assistant Secretary

SUBJECT:          Operational Guidance and Transition Planning for INA Grantees

1. Purpose. To provide guidance and planning information to INA grantees on the activities
   associated with the implementation of Workforce Innovation and Opportunity Act (WIOA).

   WIOA was signed into law on July 22, 2014, with the majority of the Act becoming effective on
   July 1, 2015. WIOA is designed to help job seekers access employment, education, training, and
   support services to succeed in the labor market and to match employers with the skilled workers
   they need to compete in the global economy. WIOA supersedes titles I and II of the Workforce
   Investment Act of 1998 (WIA), and amends the Wagner-Peyser Act and the Rehabilitation Act of
   1973.

   The U.S. Departments of Labor and Education published a set of proposed regulations for
   implementing WIOA through the posting of five Notice of Proposed Rulemaking (NPRMs)
   documents. These NPRMs were open for public comment until June 15, 2015, and several
   hundred comments were received by both Departments. The Federal agencies will review, analyze
   and consider the comments received. The Final WIOA rules will be issued in 2016.

   In order to continue implementation prior to the final rule, a series of WIOA Operating Guidance
   documents are being issued in the form of Training and Employment Guidance Letters (TEGLs).
   These Operating Guidance documents on WIOA inform the workforce system on how to begin the
   important planning and organizational work necessary to comply with the WIOA statutory
   requirements. The Operating Guidance TEGLs provide a framework for program activities until
   the regulations are finalized. This TEGL is one in a series of WIOA Operating Guidance TEGLs.

2. References. See Attachment I

3. Background. While the enactment of WIOA includes substantial changes to the broader
   Workforce System, the INA employment and training program remains essentially the same under
   WIOA as it did under WIA. However, there are some important changes from WIA to WIOA, of
   which INA grantees must be aware. This TEGL identifies those changes and also provides

 RESCISSIONS                                           EXPIRATION DATE
 None                                                  Continuing

   transition guidance from WIA to WIOA. A “WIA vs. WIOA” side-by-side chart, which provides a
   summary of the major changes in the statutory language from WIA to WIOA, has also been
   included in this TEGL (see Attachment II).

4. Statutory and Regulatory References to the INA Program under WIOA. The section number
   in the law that authorizes the INA employment and training program has not changed under WIOA
   and remains section 166, the same as it was under WIA. However, the proposed rules for the INA
   employment and training program under WIOA will be located under a new section number. The
   proposed WIOA regulations pertaining to the INA employment and training program will be
   located in 20 C.F.R. Part 684, and the proposed INA employment and training regulations can be
   found on pages 20892 - 20901of the proposed rule, available at: http://www.gpo.gov/fdsys/pkg/FR-
   2015-04-16/pdf/2015-05530.pdf. The WIA regulations for the INA employment training program
   were located in 20 C.F.R. Part 668. The administrative requirements that apply to all WIOA grants
   will be located at Part 683, and the proposed administrative requirements can be found on
   pages 20874 - 20892 of the proposed regulations. As required one-stop partners of the state
   workforce systems, INA grantees should also be aware of the proposed WIOA regulations
   regarding one-stop partners, located in Part 678 (pages 20892 - 20901) in the proposed regulations
   issued jointly by Department of Labor and Education available at:
   http://www.gpo.gov/fdsys/pkg/FR-2015-04-16/pdf/2015-05528.pdf.

5. New Uniform Guidance Regulations. The Office of Management and Budget (OMB)
   streamlined the Federal government's guidance on Administrative Requirements, Cost Principles,
   and Audit Requirements for Federal awards, and issued Uniform Administrative Requirements,
   Cost Principles, and Audit Requirements for Federal Awards Final Rule (Uniform Guidance).
   This new guidance applies to INA grantees. On December 19, 2014, the Department released
   TEGL No. 15-14 announcing that the Uniform Guidance will apply to all funding actions and new
   Federal awards made on or after December 26, 2014, (see TEGL Number 15-14 located at:
   http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=5740).

   Therefore, all INA grantees received new grant terms and conditions from the Employment and
   Training Administration applying the Uniform Guidance to Program Year (PY) 2015 funds. The
   new Uniform Guidance Regulations replace the previous OMB circulars (i.e., A-87, A-110, A-122,
   etc.) and essentially combine all the circulars into a “unified” circular.

   For new grants and allotments or incremental funding for an existing award received after
   December 26, 2014, these new terms supersede the previous Notice of Award conditions applying
   2 CFR 220, 225, or 230; 29 CFR Parts 95 and 97; and the audit requirements at 2 CFR Parts 96 and
    99. The Employment and Training Administration encourages INA grantees to follow the new
   Uniform Guidance for all funds, including funds received prior to December 26, 2014, which may
   require grantees to request a grant modification. Grantees should review TEGL Number 15-14 for
   specific instructions on requesting this type of modification.

6. Transition of WIA Carry-In Funds to WIOA. WIOA provisions for ETA programs took effect
   July 1, 2015. Any unobligated PY 2013 and PY 2014 funds remaining at the end of PY 2014 may
   be carried into PY 2015. These unobligated PY 2013 and PY 2014 funds assumed the
   requirements of WIOA effective July 1, 2015, and may only support WIOA activities, and must
   conform to WIOA reporting requirements beginning July 1, 2015, with the exception of funds used
   to pay for WIA services for transitioning WIA participants who were enrolled in the INA program
   prior to July 1, 2015, and did not exit until after June 30, 2015, or who are currently active. The
                                                  2

   period of performance for PY 2013 and 2014 funds remains intact (i.e., the expiration of PY 2013
   funds remains September 30, 2015, and the expiration of the PY 2014 funds remains June 30,
   2016). PY 2012 fund availability expired June 30, 2015; therefore, PY 2012 funds should have
   been fully expended by June 30, 2015.

   PY 2015 Supplemental Youth Services Program (SYSP) Funding: The SYSP year began
   April 1, 2015, however PY 2015 SYSP funds were not awarded and available to grantees April 1.
   Grantees can use “carry-in” funds (if available) to pay for allowable activities under the SYSP.
   Grantees may also use other non-Federal/un-restricted resources to operate a SYSP and reimburse
   such resource for allowable costs (retroactive to April 1) when PY 2015 funds became available in
   a grantees’ subaccount.

7. Transition of WIA Participants to WIOA. All WIA participants who did not exit the grantee’s
   program prior to July 1, 2015, must be grandfathered into WIOA, even if the participant was not
   otherwise eligible for WIOA. Grantees must not complete an eligibility re-determination for
   participants already determined eligible and enrolled under WIA. Furthermore, these participants
   must be allowed to complete the WIA services specified in their individual service strategy and/or
   individual employment plan, even if the services are no longer allowable under WIOA.

   Participants enrolled after July 1, 2015, must follow all WIOA requirements and may only be
   placed in those activities and services allowable under WIOA. For the INA program, eligibility,
   allowable activities, and allowable services under WIOA are very similar to WIA. The Department
   will issue additional guidance once final rules/regulations have been issued for WIOA, and any
   differences in eligibility, allowable activities, and allowable services will be explained at that time.

8. Participant Eligibility under WIOA.

   A. INA Comprehensive Service Program (Adult): Participant eligibility requirements for the INA
      Adult program under WIOA have not changed. A person is eligible to receive services under
      the INA program if that person is:
         i.  An Indian, as determined by a policy of the INA program grantee. The grantee’s
             definition must at least include anyone who is a member of a federally-recognized tribe;
             or
        ii.  An Alaska Native, as defined in WIOA sec. 166(b)(1); or
       iii. A Native Hawaiian, as defined in WIOA sec. 166(b)(3).

       The person also must be any one of the following:
          i.  Unemployed; or
         ii.  Underemployed- an individual who is working part-time but desires full-time
              employment, or who is working in employment not commensurate with the individual’s
              demonstrated level of educational and/or skill achievement; or
        iii. A low-income individual, as defined in sec. 3(36) of WIOA; or
        iv.   The recipient of a bona fide lay-off notice which has taken effect in the last six months,
              or will take effect in the following six-month period, who is unlikely to return to a
              previous industry or occupation, and who is in need of retraining for either employment
              with another employer or for job retention with the current employer; or
         v.   An individual who is employed, but is determined by the grantee to be in need of
              employment and training services to obtain or retain employment that allows for self-
              sufficiency.
                                                    3

      If applicable, male applicants must also register or be registered for the Selective Service.
      Once the proposed regulation is finalized, we may issue additional guidance on participant
      eligibility.

   B. INA SYSP: There are three major changes for eligibility under the INA SYSP compared to
      WIA.
      i. Under WIOA, the age range for eligibility for the SYSP is between the ages of 14 and 24.
           Under WIA, the age range was limited to 14 and 21.
      ii. WIA required youth individuals who did not meet the low-income requirement to have
           additional barriers in order to be eligible under the “five percent exception rule” (see WIA
           regulations at 668.430(b) (1) – (8)). WIOA does not require individuals to have additional
           barriers in order to be served under the “five percent exception rule”.
      iii. Section 129(a)(2) of WIOA includes a special rule that allows for the term “low-income” to
           include youth living in a high poverty area. Accordingly, INA grantees may consider all
           youth living in a high poverty area as low-income.

9. Allowable Participant Activities under WIOA.

   A. Allowable Activities for the INA Adult Program: WIOA authorizes “career services” for adults
      and dislocated workers, rather than “core” and “intensive” services, as authorized by WIA.
      There are three types of “career services”: basic career services, individualized career services,
      and follow-up services. These services can be provided in any order; there is no sequence
      requirement for these services. Career services under this approach provide grantees with
      flexibility to target services to the needs of the customer. WIOA also authorizes training, as
      under WIA. While it is important that INA grantees know the change in service categories from
      WIA to WIOA, these changes do not change the actual services grantees can provide. The
      activities and services that were allowable under WIA have not changed under WIOA. INA
      grantees can provide the same services under WIOA as they did under WIA. However, there
      are restrictions on allowable activities under WIOA, just as there were under WIA, and
      grantees should be aware of the following restrictions:

            1. Training services must be directly linked to an in-demand industry sector or occupation
             in the service area, or in another area to which a participant receiving such services is
             willing to relocate (WIOA sec. 134(c)(3)(A)(i)(II)).
            2. INA grantees must provide On-the-Job training (OJT) services consistent with the
             definition provided in WIOA sec. 3(44) and other limitations in WIOA.

   B. Allowable Activities for the INA SYSP: WIOA emphasizes services to disconnected youth to
      prepare them for successful employment by requiring State operated youth programs to use a
      minimum of 75 percent of youth formula funds to serve “out-of-school” youth (OSY). While
      the INA program collects data on the number of OSY and ISY (in-school youth) served, it does
      not require that 75 percent of INA youth funding be used to serve OSY. INA grantees should
      be familiar with the definitions of OSY and ISY, which are located at WIOA
      Sections 129(a)(1)(B) and (C). The Department recognizes that given the small funding
      amounts that INA grantees receive for the SYSP, most INA grantees are limited to operating
      summer employment programs for ISY. However, the Department encourages the few
      grantees that receive significant amounts of youth funding ($500,000 or more) to provide year-
      round youth programs and incorporate educational and training components in their SYSP.
                                                   4

10. On-the-Job Training Activity. INA grantees must provide On-the-Job training (OJT) services
    consistent with the definition provided in WIOA sec. 3(44) and other limitations in WIOA.
    Individuals in OJT must:

        1.   Be compensated at the same rates, including periodic increases, as trainees or employees
           who are similarly situated in similar occupations by the same employer and who have
           similar training, experience, and skills (WIOA sec. 181(a)(1)); and
        2.   Be provided benefits and working conditions at the same level and to the same extent as
           other trainees or employees working a similar length of time and doing the same type of
           work. (WIOA sec. 181(b)(5)).

    In addition, OJT contracts under this title must not be entered into with employers who have:

        1.   Received payments under previous contracts under WIOA or the Workforce Investment Act
           of 1998, and who have exhibited a pattern of failing to provide OJT training participants
           with continued, long-term employment as regular employees with wages and employment
           benefits (including health 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 sec. 194(4)); or
        2.   Have exhibited a pattern of violating the two requirements in the previous list.

11. Grantee Use of Funds. INA program grantees must not use Section 166, WIOA funds to:
     1) encourage the relocation of a business, as described in WIOA sec. 181(d); 2) displace currently
    employed individuals, impair existing contracts for services, or in any way affect union organizing.
    INA program grantees must only use WIOA funds for activities that are in addition to those that
    would otherwise be available to the INA population in the area in the absence of such funds
    (WIOA sec. 194(2)). Also, sectarian activities involving WIOA financial assistance or participants
    are limited in accordance with the provisions of sec. 188(a)(3) of WIOA.

12. Performance Accountability Requirements. The Performance Accountability provisions of
    section 116 of WIOA become effective on July 1, 2016. Until that time, INA grantees shall
    continue to report using their current performance indicators, including the WIA common
    performance measures. Please note that INA grantees will be subject to the performance indicators
    specified in WIOA section 116. Further guidance on definitions and specific reporting
    requirements will be forthcoming from the Department in the next several months.

13. State Workforce Development Board Membership. Section 111(b)(1) of WIOA specified
    membership on the State Workforce Development Boards (SWDBs), which includes the Governor,
    two members of each chamber of the State legislature, and a representative appointed by the
    Governor. WIA did not require the Governor to appoint a section 166 grantee to the SWDB and
    this has not changed under WIOA (see Sec. 101 of WIOA).

14. Local Workforce Development Board Membership. Section 117 of WIA specified that
    membership on the Local Workforce Investment Boards (LWIBs) shall include each of the one-
    stop partners. Therefore, as a required one-stop partner under WIA, INA grantees were included as
    members of the LWIBs. However, under WIOA, the language regarding the requirement that
    Local Workforce Development Boards (LWDB) include each of the one-stop partners has been
    removed (see section 107 of WIOA).
                                                   5

15. Requirement of INA Grantees as One-Stop Partners. WIA required INA grantees to be
    partners in the one-stop system, and this requirement continues under WIOA. However, unlike
    WIA, WIOA added language at sec. 121(h)(2)(D)(iv) that states: “One-Stop partners for Native
    American programs established under section 166 shall not be subject to the provisions of this
    subsection (other than this clause) or subsection (i).” Section 121(h)(2)(D)(iv) also elaborates that
    “the method for determining the appropriate portion of funds to be provided by such partners to
    pay for the costs of infrastructure of a one-stop center shall be determined as part of the
    development of the memorandum of understanding under subsection (c) for the one-stop center and
    shall be stated in the memorandum.” Accordingly, INA grantees will not be subject to the funding
    of the one-stop infrastructure unless otherwise agreed upon in the Memorandum of Understanding
    (MOU). ETA will publish subsequent guidance on the requirements for one-stop partners.

16. MOU Between INA Grantees and LWDBs. WIA required INA grantees to have an MOU with
    the LWIBs located in their service area, and this requirement continues for LWDBs under WIOA
    (see section 121(a)(1)). MOU’s will be required as part of the four-year planning strategy in which
    the Department anticipates the first INA plan under WIOA will be for PY 2018 – PY 2022. The
    Department recognizes that there may be instances in which an INA grantee and a LWDB reach an
    impasse. In such instances, the LWDB and/or the INA grantee can ask for assistance from the
    State in negotiating the MOU and infrastructure cost funding, and also can consult with the
    Department to resolve any impasse. If an MOU still cannot be reached and the INA grantee fails to
    enter into a MOU with the LWDB, the INA grantee must describe in its four-year plan the good-
    faith efforts made in order to negotiate an MOU with the LWDB.

17. Competition and Four-Year Plans under WIOA. Section 166 of WIOA requires INA grants to
    be awarded through a competitive process but also requires INA grantees to submit a four-year
    plan (WIOA sec. 166(c) and 166(e)). Under the WIA regulations, the competition was separate
    from the plan. However, WIOA propose regulations to streamline the grant award process to ease
    the administrative burden inherent in WIA regulations. The NPRM proposes to remove the
    designation process and no longer require a Notice of Intent. Moreover, the NPRM proposes to
    incorporate the four-year plan into the competitive grant award process. These proposed changes
    should result in less of an administrative burden on both applicants and the Department.
    Additionally, WIA had a two-year grant cycle for grantees under sec. 166; WIOA has established a
    four-year grant cycle (WIOA sec. 166(c)). Consequently, all references to the grant cycle or plan
    in the proposed WIOA regulations refer to a four-year cycle or four-year plan. The Department
    anticipates that the first four-year competition and plan for INA under WIOA will be for the four-
    year period, PY 2018 – PY 2022.

18. Paperwork Reduction Act. The Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et
    seq., provides that no persons are required to respond to a collection of information unless such
    collection displays a valid OMB control number. The information collections mentioned in this
    TEGL have been approved under control number 1205-0422. Individual forms contain additional
    important PRA information.

19. Action Requested. Grantees should be aware of the changes from WIA to WIOA specified in this
    TEGL. Specifically, grantees should be aware of the new Uniform Administrative requirements in
    Item 5 above and ensure that they comply with these requirements. Also, grantees should be aware
    and follow the new youth eligibility requirements specified in Item 8B above. Finally, grantees

                                                   6

   should look for changes in practices that may occur as a result of new guidance or the finalization
   of the WIOA regulations.

20. Inquiries. Please direct questions to your designated Federal Project Officer below:

   Duane Hall (972) 850-4637                               Andrea Brown (202) 693-3736
   Craig Lewis (202) 693-3384                              Dawn Anderson (202) 693-3745
   Michael Delaney (202) 693-3695                          Angela McDaniel (202) 693-2789
   Guy Suetopka (415) 625-7988

21. Attachments.
    • WIOA Operating Guidance TEGL References
    • Side-By-Side Comparison of Key Statutory Changes

                                                   7

Attachment 1

Official attachment: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2015/TEGL_11-15_Attachment1_Acc.pdf

ATTACHMENT I

                      WIOA Operating Guidance TEGL References

    •   Section 166 of the WIOA located at: https://www.congress.gov/113/bills/hr803/BILLS-
        113hr803enr.pdf;
    •   WIOA Notice of Proposed Rule Making located at: http://www.gpo.gov/fdsys/pkg/FR-
        2015-04-16/pdf/2015-05530.pdf;
    •   WIOA Joint Rule for Unified and Combined State Plans, Performance Accountability, and
        the One-Stop System Joint Provisions; Notice of Proposed Rulemaking (NPRM) located at:
        http://www.gpo.gov/fdsys/pkg/FR-2015-04-16/pdf/2015-05528.pdf;
    •   TEGL No. 19-14, Vision for the Workforce System and Initial Implementation of the
        Workforce Innovation and Opportunity Act located at
        http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=7353;
    •   Section 166 of the Workforce Investment Act (WIA) of 1998 at:
        http://www.doleta.gov/dinap/cfml/wiapage.cfm;
    •   Regulations implementing WIA Section 166 Indian and Native American Program located
        at: http://www.doleta.gov/dinap/pdf/wiafinalregsall.pdf;
    •   TEGL No.15–14, Implementation of the New Uniform Guidance Regulations, located at:
        http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=5740.

                                             1

Attachment 2

Official attachment: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2015/TEGL_11-15_Attachment2_Acc.pdf

ATTACHMENT II

                        SIDE-BY-SIDE COMPARISON OF KEY STATUTORY CHANGES
                                  Comparison of the Workforce Investment Act of 1998 (WIA)
                                  WIA                                                                    WIOA
Definitions - Section 101                                                  Definitions - Section 3(24)
No definition for Individual with barrier to employment.                   Adds a definition for individuals with barrier to employment. The
                                                                           term ‘‘individual with a barrier to employment’’ means a
                                                                           member of 1 of several populations, including:
                                                                            (C) Indians, Alaska Natives, and Native Hawaiians as such terms
                                                                           are defined in section 166.
Core, Intensive and Training Services - Section 134                        Career Services and Training Services - Section 134
Separated services to participants into three categories;                  Merges the categories of core services and intensive services under
(1) core;                                                                  WIA into one category called career services
(2) intensive and;
(3) training services.
Local Workforce Investment Boards - Section 117                            Local Workforce Development Boards - Section 107
Required one-stop partners to serve as members of local boards.            Does not require one-stop partners serve as members of local boards.
Funding of the One-Stop Infrastructure – Section 121(c)(2)(A)(ii)          Funding of the One-Stop Infrastructure – Section
Specifies that the MOU between the local board and the One-Stop partners   121(h)(2)(D)(iv)
will describe the costs for providing services through the One-Stop.       Specifically states that Native American, section 166 grantees shall
                                                                           not be subject to the funding of the One-Stop Infrastructure.

                                                                      1

ATTACHMENT II (Continued)

No Comparable Provision                                                      Special Rule on definition of Low-Income Youth – Section
                                                                             129(a)(2)
                                                                             New under WIOA. The term low-income as it pertains to the youth
                                                                             program also includes youth living in a high-poverty area.
Purpose of the Native American Program -Section 166(a)(1)(B)                 Purpose of the Native American Program - Section 166(a)(1)(B)
Does not include entrepreneurial skills as a purpose                         Adds language to the purpose of the program to equip individuals in
                                                                             the Native American program with entrepreneurial skills.
Program Authorized - Section 166(c)(2)                                       Program Authorized - Section 166(c)
Competition for the section 166 funds conducted every two years except       Competition for section 166 funds conducted every four years.
that the Secretary may waive competition for grant recipients that have      Eliminates waivers from competition based on satisfactory
performed satisfactorily.                                                    performance.
Program Plan - Section 166(e)                                                Program Plan - Section 166(e)
Native American grantees must submit to the Secretary, a program plan        Native American grantees must submit to the Secretary, a program
that describes a two-year strategy for meeting the needs of Indian, Alaska   plan that describes a four-year strategy for meeting the needs of
Natives and Native Hawaiians.                                                Indian, Alaska Natives and Native Hawaiians.
Program Plan - Section 166(e)(5)                                             Program Plan - Section 166(e)(5)
Grantees shall consult with the Secretary on the performance measures to     In addition to the language regarding consultation with the Secretary
be used for the section 166 program.                                         on the performance measures to be used, section 166(e)(5) adds
                                                                             language that states “grantees shall include [in its plan] the primary
                                                                             indicators of performance described in section116(b)(2)(A) and
                                                                             expected levels of performance for such indicators...”

                                                                         2

ATTACHMENT II (continued)

No Comparable Provision                                                         Performance Accountability Measures - Section 166(h)
                                                                                New under WIOA. In addition to the primary indicators of
                                                                                performance described in section 116(b)(2)(A), the Secretary, in
                                                                                consultation with the Native American Advisory Council shall
                                                                                develop a set of performance indicators and standards that shall be
                                                                                applicable to the Native American program.

                                                                                Section 166 (h)(1)(B) of WIOA states that: Such performance
                                                                                indicators and standards shall take into account –
                                                                                (i) the purpose of this section as described in subsection (a)(1);
                                                                                (ii) the needs of the groups served by this section, including the
                                                                                differences in needs among such groups in various geographic
                                                                                service areas; and
                                                                                (iii) the economic circumstances of the communities served,
                                                                                including differences in circumstances among various geographic
                                                                                service areas.

                                                                                Section 166 (h)(2) of WIOA describes the process for agreements on
                                                                                Adjusted Levels of Performance. It states: The Secretary and the
                                                                                entity described in subsection (c) shall reach agreement on the levels
                                                                                of performance for each of the primary indicators of performance
                                                                                described in section 116(b)(2)(A), taking into account economic
                                                                                conditions, characteristics of the individuals served, and other
                                                                                appropriate factors and using, to the extent practicable, the statistical
                                                                                adjustment model under section 116(b)(3)(A)(viii). The levels
                                                                                agreed to shall be the adjusted levels of performance and shall be
                                                                                incorporated in the program plan.
Assistance to American Samoans in Hawaii – Section 166(j)                       Assistance to Unique Populations in Alaska and Hawaii -
The Secretary is authorized to provide assistance to American Samoans            Section 166(k)
who reside in Hawaii for the co-location of Federally-funded and State-         Provides authorization to the Secretary to award grants, to entities
funded workforce investment activities to be appropriated for fiscal year       with demonstrated experience and expertise in developing and
1999.                                                                           implementing programs for the unique populations who reside in
                                                                                Alaska or Hawaii, including public and private nonprofit
                                                                                organizations, tribal organizations, American Indian tribal colleges or
                                                                                universities, institutions of higher education, or consortia of such

                                                                            3

ATTACHMENT II (continued)

                                                                     organizations or institutions, to improve job training and workforce
                                                                     investment activities for such unique populations.

                                                                     (2) Authorization of Appropriations - There are authorized
                                                                     to be appropriated to carry out this subsection—
                                                                     (A) $461,000 for Fiscal Year 2015;
                                                                     (B) $497,000 for Fiscal Year 2016;
                                                                     (C) $507,000 for Fiscal Year 2017;
                                                                     (D) $518,000 for Fiscal Year 2018;
                                                                     (E) $530,000 for Fiscal Year 2019; and
                                                                     (F) $542,000 for Fiscal Year 2020.
Authorization of Appropriations - Section 174(a)(2)(A)               Authorization of Appropriations - Section 172(a)
reserve not less than $55,000,000 for carrying out section 166       There are authorized to be appropriated to carry out section 166 (not
                                                                     including subsection
                                                                     (k) of such section)—
                                                                     (1) $46,082,000 for Fiscal Year 2015;
                                                                     (2) $49,641,000 for Fiscal Year 2016;
                                                                     (3) $50,671,000 for Fiscal Year 2017;
                                                                     (4) $51,795,000 for Fiscal Year 2018;
                                                                     (5) $53,013,000 for Fiscal Year 2019; and
                                                                     (6) $54,137,000 for Fiscal Year 2020.

                                                                 4

What does federal law require today?

This guidance has been withdrawn. Ezel checks current federal labor law as it stands now and answers your situation with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace