Back to Federal guidance
Dislocated worker grant incremental funding review, Change 1
Summary ETA clarified how it would review requests for additional National Dislocated Worker Grant funding, including the applicant’s past performance and continued need. The change added language to Attachment I of TEGL 12-19. TEGL 16-21 later rescinded both the base letter and this change.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 12-19, Change 1
Date issued
November 2, 2020
Status
Rescinded
TEGL 16-21 expressly rescinded TEGL 12-19 and its Change 1 on June 16, 2022. ETA still labels this Change 1 listing Active as of October 24, 2026, so the listing conflicts with the later letter.
Status last verified October 24, 2026
Is this still the rule?
This document has been rescinded. Ezel checks what federal law requires today, under current federal labor law, and answers your situation with citations.
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
November 2, 2020
ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 12-19,
Change 1
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: JOHN PALLASCH
Assistant Secretary
SUBJECT: Change 1 to TEGL 12-19, National Dislocated Worker Grant Program
Guidance
1. Purpose. To provide clarifying guidance to National Dislocated Worker Grant recipients
regarding the review of incremental and supplemental funding requests, and in particular,
how the grantee’s past performance will be taken into account.
2. Action Requested. Please share with all staff who administer DWGs. States should review
their DWG policies and application procedures to comply with this TEGL.
3. Summary and Background.
a. Summary – This TEGL 12-19 Change 1 augments Attachment I, Section 3 of TEGL 12-
19, to provide additional specificity regarding ETA’s review and consideration of
incremental and supplemental funding requests for National Dislocated Worker Grants
(DWGs), including Employment Recovery DWGs and Disaster Recovery DWGs.
b. Background – The Department typically funds DWG awards on an incremental basis,
although on rare occasions, it may award funds in full or in larger-than-typical
increments, depending on factors such as the severity of the disaster and the viability of a
proposed project. Text in TEGL 12-19 described the review of requests for subsequent
funding increments. It stated that ETA bases obligation of subsequent funding
increments on a recipient’s justification for the additional funds, and continued
RESCISSIONS EXPIRATION DATE
None Continuing
demonstrated need, as evidenced by productive performance, enrollments, and
expenditures. ETA has traditionally considered requests for subsequent funding
increments when expenditures have reached approximately 70 percent of the total DWG
funds awarded to date.
This TEGL 12-19 Change 1 adds the following qualifying language to Attachment I,
Section 3.
4. Details.
a. This TEGL change amends text at TEGL 12-19 Attachment I, Section 3, Incremental
Funding, as noted below in italics. The original text is in non-italics.
b. [Original Text]: The Department typically funds DWG awards on an incremental
basis, although on rare occasions, it may award funds in full or in larger-than-typical
increments, depending on factors such as the severity of the disaster and the viability
of a proposed project. The obligation of subsequent funding increments is based on a
recipient’s justification for the additional funds and continued demonstrated need, as
evidenced by productive enrollments and expenditures. Grantees may request
funding when expenditures have reached approximately 70 percent of the total DWG
funds awarded to date. ETA may also use the fiscal systems in place to track actual
fund disbursements to grantees, in order to verify the usage of funds between
quarterly reporting periods, or review grantee quarterly performance reports (QPRs)
to ensure that program goals are being met or are on track.
[New Text in the revised Attachment I]: Prior to awarding incremental funding, ETA
may also consider the performance of a grantee’s most recent DWG award, as well
as the available performance information regarding the grant for which incremental
funding is requested. This performance review will confirm that the grantee has a
track record of submitting timely and accurate performance reports. Additionally,
the review should demonstrate success or progress in meeting or exceeding one or
more of the following elements, as applicable:
the primary indicators of performance (see Attachment 6 of TEGL 14-18), as
reported in Quarterly Performance Reports (QPRs), for the most recent DWG
award;
the specific outcomes and milestones identified by the grantee in the initial
application, as reported in Quarterly Narrative Reports (QNRs), for the most
recent DWG award 1;
1
These outcome goals will be determined by the grantee based on both the type of DWG and the proposed activities
and services to be provided in response to the qualifying events. For example, in a Disaster Recovery DWG
responding to wildfires, a milestone might be the date all disaster-relief participants have received OSHA safety
training and are ready for employment. For Employment Recovery DWGs, these milestones and outputs may
include the number of participants completing English as a Second Language training to enable receipt of further
career and training services, or the date that a cohort of participants completed customized training for identified,
in-demand jobs.
the number of participants enrolled compared to the planned participant
number, for the most recent DWG award;
the primary indicators of performance as reported in QPRs, for the DWG
requesting incremental funding (if available);
the specific outcomes and milestones identified by the grantee in the initial
application and as reported in QNRs, for the DWG requesting incremental
funding; and
the number of participants enrolled compared to the planned participant
number, for the DWG requesting incremental funding.
If no prior DWG performance is available, ETA will review grantee performance
relative to the previous two program year targets on other grants to serve dislocated
workers (e.g. WIOA Dislocated Worker formula program).
[Existing text] Grantees must adhere to the financial management and reporting
requirements of the Office of Management and Budget’s Uniform Guidance at 2 CFR
Part 200, the Uniform Guidance’s DOL exceptions at 2 CFR Part 2900, TEGL 28-10,
Federal Financial Management and Reporting Definitions, and other guidance
applicable to DWG funds.
ETA also made minor edits to three sentences to reduce potential for confusion. First, ETA
added the word should to a sentence at the bottom of page 1 of the attachment (“Applicants
should design and carry out DWG projects to operate in alignment with other state and local
programs, including Rapid Response, layoff aversion, and the formula Dislocated Worker
program, and should focus on addressing employment and training needs in states and local
areas.”) Second, ETA added two words to the bottom of page 5 of the attachment (“There is no
limitation on what type of entity or organization may be a worksite employer.”) Third, ETA
added two words to a sentence in the middle of page 6 of the attachment (“Prior approval of the
grant officer is required before any disaster-relief employment work on private property may
commence.”) Fourth, and last, ETA added a reference to the vision of One Workforce System
and to additional guidance on co-enrollment across programs, to the first paragraph under Co-
Enrollment with Trade Adjustment Assistance, on page 10.
5. Inquiries. Please direct inquiries to the appropriate Regional Office.
6. References.
TEGL 12-19, National Dislocated Worker Grant Program Guidance, dated March 18,
2020;
Workforce Innovation and Opportunity Act (WIOA) (Pub. L. 113-128) (July 22, 2014);
Trade Act of 1974, as amended. (19 USC 12 § 2271 - 2331 and § 2391 - 2397a) (June 29,
2015);
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 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, 2018;
TEGL 8-18, Workforce Innovation and Opportunity Act (WIOA) Title I and Wagner-
Peyser Act Waiver Requirements and Request Process, dated December 19, 2018;
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, dated March 1, 2017;
TEGL 16-16, One-Stop Operations Guidance for the American Job Center Network,
dated January 18, 2017;
TEGL 28-10, Federal Financial Management and Reporting Definitions, dated May 27,
2011;
TEGL 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;
Information Collection Forms and Participant Individual Record Layouts: Workforce
Innovation and Opportunity Act (WIOA) Common Performance Reporting - ETA 9169;
and 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 Control No. 1205-0461).
7. Attachment.
Attachment I - National Dislocated Worker Grant Program Guidance
Attachment I
National Dislocated Worker Grant Program Guidance
Contents
Introduction .................................................................................................................................................. 1
Types of DWGs ............................................................................................................................................ 2
A. Disaster Recovery DWGs ................................................................................................................. 2
B. Employment Recovery DWGs .......................................................................................................... 8
C. Special Populations DWGs ............................................................................................................. 13
a. DWGs for Dislocated Service Members ..................................................................................... 13
Grant Funding Approach ............................................................................................................................ 14
Period of Performance and Period of Expenditure................................................................................... 166
DWG Cost Limitations............................................................................................................................. 166
Administrative Policies ............................................................................................................................ 188
Applicants................................................................................................................................................... 20
Performance Targets and Reporting ......................................................................................................... 221
Post-Award Policies ................................................................................................................................. 222
Section 1 Introduction
The purpose of this program guidance is to provide an implementation framework for the National
Dislocated Worker Grant (DWG) program, including policies, priorities, and requirements. The
Employment and Training Administration (ETA) accepts applications in two categories: Disaster
Recovery and Employment Recovery. Employment Recovery DWGs include DWGs for Dislocated
Service Members.
ETA may develop additional categories and conduct limited competitions to meet particular needs of
dislocated workers, as program funding allows. In such cases, ETA will issue a separate announcement
and guidance.
DWGs are time-limited funding assistance in response to major economic dislocations or other events
that cause significant impact on states and local areas that exceed the capacity of existing formula funds
and other relevant resources to address. ETA considers DWGs to be supplemental resources that provide
flexibility to states and communities in responding to and recovering from unexpected events that cause
large-scale job loss that exceed the capacity of the state or local area to address with formula resources.
As such, ETA expects that projects funded with DWG resources be aligned with existing state and local
strategic priorities, resources, and programs and not operated as stand-alone projects. Applicants should
design and carry out DWG projects to operate in alignment with other state and local programs, including
Rapid Response, layoff aversion, and the formula Dislocated Worker program, and should focus on
addressing employment and training needs in states and local areas.
ETA also strongly encourages applicants to submit project plans demonstrating the intent to maximize
positive outcomes for participants, and, in grant applications, to include project goals supporting
alignment with WIOA performance measures, including the number of participants served, placement of
participants in employment, and skills and credentials earned.
Section 2 Types of DWGs
A. Disaster Recovery DWGs
Description
Disaster Recovery DWGs provide disaster-relief and humanitarian assistance employment, as well as
employment and training services, as appropriate, to minimize the employment and economic impact of
declared disasters and emergency situations, in disaster-declared areas as defined in 20 CFR 687.110(b).
DWG funds may also provide employment and training services to dislocated workers and other eligible
participants.
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(6)), declared by FEMA as eligible for Public Assistance under any category (A through G).
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.
Note: Not every Federal declaration of a disaster qualifies an applicant for Disaster Recovery
DWG assistance. Applicants must demonstrate that a potentially large loss of employment could
result from the disaster or emergency. ETA defines this as the potential loss of at least 50 jobs.
The application for Disaster Recovery DWG funds must include a rationale justifying the
projected level of job loss.
WIOA does not allow declarations by a governor to qualify an applicant for Disaster Recovery
DWG assistance.
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.
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).
The eligible agency or organization will be the grantee, as well as the fiscal agent responsible for the
appropriate allocation of funding to the affected areas.
States may sub-grant funds to local boards and/or may expend such funds through public and private
agencies and organizations engaged in such projects, consistent with Section 5 of this guidance. ETA
expects states to allocate funds to affected areas and service providers quickly in order to ensure funds
can fulfill the purposes of these grants and to ensure that workers receive assistance.
Eligible Participants
An individual eligible to receive services through a Disaster Recovery DWG must be one of the
following, per 20 CFR 687.170(b):
1. temporarily or permanently laid off as a consequence of the disaster;
2. a dislocated worker as defined at 29 U.S.C. 3102(3)(15);
3. a long-term unemployed worker; or
4. a self-employed individual who became unemployed or significantly underemployed as a result of
the disaster or emergency.
Grantees are responsible for setting appropriate policies and procedures for determining participant
eligibility. The state has the authority to provide exceptions to its policies regarding the acceptable
documentation local areas must collect to document participant eligibility, such as during a disaster.
Such exceptions may rely on self-attestation. States eventually must collect all documentation necessary
to demonstrate that each participant is eligible under 20 CFR 687.170(b).
When applying for a Disaster Recovery DWG in response to an influx of a substantial number of
individuals relocating away from the disaster area, applicants must demonstrate that at least 50
individuals have relocated or evacuated from an area receiving a Federal declaration for the disaster
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).1 Applicants must
demonstrate that disaster-relief employment created under a Disaster Recovery DWG aligns with the
following categories:
1
Disaster Recovery DWGs may pay 100 percent of the salary and benefits for each participant enrolled in disaster-relief
employment.
1. Clean-up and recovery efforts including demolition, 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 immediate
aftermath of the disaster or emergency; more information on humanitarian assistance is provided
below.
To be eligible for funding, all Disaster Recovery DWG applicants’ proposed projects must include
disaster-relief employment in response to the federally declared disaster event, except in the
exceptions described below. ETA encourages applicants to propose co-enrolling participants in
disaster-relief employment in employment and training activities and to provide supportive services as
applicable, and it encourages grantees to co-enroll and provide supportive services regardless of whether
doing so was explicitly addressed in the application. Individual enrollment in temporary employment is
limited to 12 months (or 2,080 hours) unless the grantee requests an extension of up to an additional 12
months through a grant modification, and the Secretary of Labor grants such an extension.
Not all participants in a Disaster Recovery DWG project must participate in disaster-relief employment.
Grantees may provide employment and training activities to participants not in disaster-relief
employment. In summary, grantees 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.
These activities may occur concurrently, or one may occur prior to the other. Grantees must assess and
determine the specific needs of each individual participant and enroll them in disaster-relief employment,
employment and training services, or both, in a manner that is most likely to result in successful
outcomes. As a general goal, grantees should design and provide employment and training activities
aimed at allowing participants to obtain unsubsidized, sustainable employment following the conclusion
of grant-supported activities.
For participants who only receive disaster relief employment, the same performance data collection
requirements apply as for other DWG participants. However, participants who receive only disaster
relief employment are not included in the primary indicators of performance unless they receive other
allowable career and training services provided through the grant or through co-enrollment in another
WIOA core or partner program that shares a common exit with DWG in the state’s common exit policy.
Exceptions to Requirement to Provide Disaster-Relief Employment. The Department, at its discretion,
may choose to approve only employment and training activities for the following situations:
1. For Disaster Recovery DWGs awarded in response to non-Stafford Act disaster or emergency
declarations, where the circumstances and nature of the disaster do not allow for the clean-up and
humanitarian temporary employment opportunities authorized by WIOA. Or,
2. For Disaster Recovery DWGs that are awarded due to an influx of individuals relocated from a
disaster area, where the grantee is not responding to the actual disaster, because it is in another
geographic area. In these circumstances, the DWG will provide employment and training
services as the primary activity, as participants are outside of the disaster area. However, these
grants may also offer participants disaster relief employment where appropriate.
Employment and Training Services. DWG projects provide employment and training services to
dislocated workers and other eligible participants following a qualifying disaster or emergency. DWG
funds may provide employment and training services regardless of an individual’s participation in
disaster relief employment.
Supportive Services. Supportive services are allowable when they are needed to enable individuals to
participate in disaster relief employment and employment and training services and when supportive
services cannot be obtained through other programs. Supportive service policies for a disaster project
must align with the state or local area supportive service policy; any supportive services provided must
be consistent with WIOA.
General Policies: Disaster Recovery DWGs
Limit on Disaster Relief Employment Duration. Participants in disaster-relief positions may be
employed for a maximum of 12 months or 2,080 hours, whichever is longer. Grantees may submit a
modification request to extend the period of employment for existing participants for up to an additional
12 months, and this modification request must justify the reason for extending participants’ disaster-relief
employment, as required by 20 C.F.R. 687.180(b)(1) If there remains humanitarian or clean-up needs
after participants reach the limits on employment duration, the state should attempt to employ new
eligible individuals to continue the work at hand rather than continue the employment or re-employment
of participants that have reached 12 months or 2,080 hours of disaster-relief employment.
While each disaster is different, ETA expects that most humanitarian assistance needs will resolve within
12 months of the disaster event, as disaster-affected communities rebuild, and their populations obtain
permanent housing and no longer need assistance in obtaining food and clothing. When providing a
justification for extending employment to 20 C.F.R. 687.180(b)(1), grantees must demonstrate that
humanitarian assistance needs remain.
Participant Wages. The worksite employer that provides participants temporary disaster-relief
employment under a Disaster Recovery DWG is required to pay the higher of the Federal, state, or local
minimum wage, or the comparable rates of pay for other individuals employed in similar occupations by
the same employer. In accordance with WIOA Section 181(a)(1)(A), generally, participants must be
compensated at the same rates, including periodic increases, as employees who are similarly situated in
similar occupations by the same employer and who have similar training, experience, and skills.
Additionally, such rates must be in accordance with applicable law but in no event 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 policies of the worksite employer.
The wages paid to temporary disaster-relief workers must be consistent with the wages of the supervising
entity’s other employees—permanent or temporary—performing the same or similar work.
Grantees must apportion DWG funding allocated for wages of the temporary workers to only the chosen
worksite employer for the Disaster Recovery DWG project. There is no limitation on what type of entity
or organization may be a worksite employer.
Worksite Selection. Disaster-relief worksites must be located in the geographic disaster area covered by
the qualifying declaration for the Disaster Recovery DWG (a disaster or emergency declaration under the
Stafford Act or other Federal agency’s declaration of a disaster or emergency of national significance).
Grantees must give the highest priority to clean-up of the disaster area’s most severely damaged public
facilities and to the cleanup and the provision of humanitarian assistance to economically disadvantaged
areas within the disaster area. To the extent feasible, administering funds according to these priorities
must be in coordination with any projects administered by emergency management agencies, as
described in this document within the section entitled “Coordination with Emergency Management
Agencies.”
Projects may perform work on private property only under these circumstances:
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
clean-up work needed for disaster-affected employers to resume operation;
2. The activities necessary to remove health and safety hazards on private lands or around homes or
other structures may only return the land or structure(s) to a safe and habitable level, and not
improve the original land or structure(s);
3. The project prioritizes service to older individuals and individuals with disabilities; and
4. Grantees must not use Disaster Recovery DWG funds to cover the cost of materials to do repairs.
Prior approval of the grant officer is required before any disaster-relief employment work on private
property may commence.
Humanitarian Assistance. Humanitarian assistance generally includes actions designed to save lives,
alleviate suffering, and maintain human dignity in the immediate aftermath of disasters. This assistance
includes activities such as the provision of food, clothing, and shelter. The humanitarian assistance
provided by disaster-relief workers must relate directly to immediate response to the disaster situation
named in the DWG application and the Federal declaration.
DWG-funded disaster-relief workers must only provide humanitarian assistance appropriate under a
Disaster Recovery DWG, focusing specifically on responding to the immediate impacts of a disaster, as
declared by a Federal agency with jurisdiction over the Federal response to the disaster event. The
provision of general humanitarian assistance that solely focuses on prevention and planning of future
disaster events is not an allowable activity under a Disaster Recovery DWG. ETA will allow 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. For example, where the disaster event is the
contamination of the local water supply, an allowable humanitarian assistance activity could be
installation of water filters to ensure access to clean water. These filters could protect the affected
population from future contaminations, but a grantee may use DWG funds to cover their installation
because this disaster-relief employment activity addresses a humanitarian assistance need caused by the
current disaster event—lack of access to clean water. Due to the variable nature of disasters declared
across Federal agencies, ETA will consider humanitarian assistance activities on a case-by-case basis.
Emergency Application. Applicants may request Disaster Recovery DWGs through an abbreviated
emergency application to facilitate timely delivery of DWG assistance in response to a disaster event.
These applications must be submitted to ETA within 15 days of the declaration of a qualifying disaster
declaration by FEMA or other Federal agency having jurisdiction over the disaster. With appropriate
justification, applicants may request an exception to this requirement, to allow for the submission of the
emergency application within a reasonable timeframe after Day 15. Applicants also have the option to
submit a full application containing a budget and plan, in lieu of an emergency application.
Full Application. Within 60 business days following an award of Disaster Recovery DWG funds
requested via an emergency application, the grantee must modify the grant to provide a full application.
This includes a budget, implementation plan, and a list of worksites where the disaster relief work will be
performed. ETA may also require the grantee to submit additional information per the special conditions
of the initial DWG award. Modification procedures are addressed in the Application Requirements
section found later in this document.
Mitigation. Generally, disaster relief employment under Disaster Recovery DWGs will not be authorized
for activities that are designed to mitigate future disasters. DWG activities may help mitigate the
ongoing effects of the disaster and prevent future disaster only where such activities are necessarily part
of temporary employment to clean up or provide humanitarian assistance to victims of the disaster or
emergency that served as the grant’s qualifying event. For example, DWG-funded disaster-relief
employment may support installing a new tornado siren system to replace one destroyed by a tornado, but
it cannot support installing a tornado siren system not previously available in the disaster-affected area.
DWG funds may support mitigation work only within the requirements of WIOA Section 170(d)(1) for
disaster relief employment.
Coordination with Emergency Management Agencies. The grantee 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 its activities appropriately
respond to the affected community’s needs after a disaster. The grantee must coordinate with Federal
agencies handling the Federal response to the disaster or emergency, either through direct contact or
contact with state agencies coordinating with these Federal agencies.
The grantee must have a plan in place to recover WIOA funds expended for activities or services for
which other funds become available. Examples include, but are not limited to: activities/resources
provided by FEMA or other Federal agencies; public or private insurance; and construction workers
employed by private for-profit firms whose employment is covered by other available resources.
Health and Safety Standards. In all DWG projects, grantees must ensure that project participants follow
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, workers’
compensation shall be provided 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, the project participant must be provided with adequate
on-site medical and accident insurance for work-related activities. The grantee must also ensure that
project participants receive appropriate safety training in accordance with the Occupational Safety and
Health Act (OSHA) of 1970 and assure safe working conditions. For more information, contact the
OSHA field office. A listing of OSHA field offices is available at
http://www.osha.gov/html/RAmap.html.
Additional Disaster Events. Disaster Recovery DWG funds awarded to a grantee may be available for
expenditure for additional declared disasters or situations of national significance that occur in the same
program year the funds were awarded. The addition of disaster events to an existing DWG project
requires prior approval from ETA through a grant modification request.
B. Employment Recovery DWGs
Description
Employment Recovery DWGs provide resources to states and other eligible applicants to respond to
major economic dislocations, such as large, unexpected layoff events that cause significant job losses.
The Secretary of Labor has the discretion to award DWGs to eligible entities where the eligible entity can
demonstrate the need for additional funds to provide employment and training assistance to workers
affected by major economic dislocations, such as plant closures and mass layoffs. This also could
include closures and realignments of military installations. ETA will examine each application on a case-
by-case basis to determine if the applicant has demonstrated need. Employment Recovery DWGs
provide employment and training assistance to dislocated workers and other eligible participants as
described below.
Qualifying Layoff Events
The following dislocation scenarios could qualify for Employment Recovery DWGs under 20 CFR
687.110(a).
Mass Layoff or Plant Closure. Layoffs or plant closures affecting 50 or more workers from one
employer within the service area of the applicant may qualify for Mass Layoff or Plant Closure
Employment Recovery DWGs. An applicant may include smaller layoffs at other companies in the area
if the primary layoff caused or contributed to the smaller layoffs.
Industry-Wide Layoffs. Layoff events from multiple companies in the same industry, as determined by
the two-digit code level in the North American Industrial Classification System (NAICS), may qualify
for Industry-Wide Employment Recovery DWGs. Additional layoffs affecting fewer than 50 workers
may be included in an industry-wide DWG application when there is at least one company with a layoff
affecting 50 or more workers included in the application, and the additional companies are in the same
NAICS two-digit code level.
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 regional or local workforce area may
qualify for a Community Impact Employment Recovery DWG. Community impact grants typically
serve rural areas where the employer base is predominantly smaller companies with fewer than 50
employees each, and where layoffs may not meet the definition of “mass layoffs” noted above.
Eligible Applicants
Eligible applicants for Employment Recovery DWGs include:
1. a state or outlying area, or a consortium of states;
2. a local Workforce Development Board (WDB) or a consortium of WDBs;
3. an entity 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;
a. To be eligible, such entities 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.
5. and entities that demonstrate to the Secretary of Labor their capability to effectively respond to
circumstances related to particular dislocations.
a. To demonstrate its capability to the Secretary, such an applicant must submit
documentation that the applicant has:
i. expertise with workforce development or training;
ii. the geographic or administrative reach to handle large-scale workforce issues;
iii. financial and administrative capability to administer a Federal grant; and
iv. a letter of support for its DWG application from its state workforce agency and
WDBs for the geographic area(s) the DWG will serve.
In cases where the applicant is not the state workforce agency that receives WIOA Dislocated Worker
(DW) formula funds, the applicant must work collaboratively with its state workforce agency to ensure
that the applicant coordinates with the state’s Rapid Response efforts for which the state workforce
agency is responsible.
Eligible Participants2
For most Employment Recovery DWGs, the following individuals are eligible to receive employment
and training assistance:
1. a dislocated worker as defined in WIOA Section 3(15);
2. a civilian employee of the Department of Defense or the Department of Energy employed at a
military installation that is being closed, or that will undergo realignment, within the next 24
months after the date of the determination of eligibility;
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; or
4. a member of the Armed Forces who:
a. was on active duty or full-time National Guard duty;
b. is involuntarily separated (as defined in section 1141 of title 10, United States Code) from
active duty or full-time National Guard duty; or is separated from active duty or full-time
National Guard duty pursuant to a special separation benefits program under 10 U.S.C.
1174a, or the voluntary separation incentive program under section 1175 of that title;
c. is not entitled to retired or retained pay incident to the separation described in Subclause b
above; and
d. applies for employment and training assistance within 180 days of that separation.
Where these laws and policies do not conflict with WIOA, ETA typically defers to established state
statutory definitions or policies set by Governors and local boards in further determining which
individuals are eligible participants for DWG-supported services. However, DWG grantees are
2
Employment Recovery DWGs for Dislocated Service Members have more specific eligibility requirements. See Section
2.C. for these requirements.
encouraged to give precedence for grant participation to those individuals directly affected by the
layoff(s) identified in the application establishing eligibility to apply for the DWG.
Co-Enrollment with Trade Adjustment Assistance
ETA no longer requires a separate DWG application to cover trade-affected workers; instead, trade-
affected workers may be served under Employment Recovery DWGs. as applicable. ETA strongly
encourages co-enrollment with any appropriate programs for eligible individuals, including those who are
trade-affected. Co-enrollment across programs advances the vision of a One Workforce System – an
aligned, flexible, and simplified state and local-driven system of workforce development programs that
bring all partners together with a shared goal of enhancing service delivery for American workers and
jobseekers. See TEGLs 16-16 and 19-16 for additional information on co-enrollment of other WIOA
programs. ETA has published extensive materials on program integration, resource leveraging, and co-
enrollment; see in particular the Integrated Service Delivery Toolkit, Integrated Intake Toolkit, and
Integrated Resource Team guides and more in the System Alignment section of the Innovation and
Opportunity Network on WorkforceGPS, https://ion.workforcegps.org/FocusAreas.
Employment Recovery DWGs may provide DWG participants who are trade-affected with allowable
services not otherwise provided by the TAA Program. Generally, the TAA Program provides
employment and case management services, training, income support, and job search and relocation
allowances for eligible adversely affected workers and employment and case management services and
training for eligible adversely affected incumbent workers.
The Trade Act, as amended, contains provisions allowing the costs of a training program approved under
the Act to be paid by TAA funds or from other sources but does not allow duplication of payment of
training costs, in accordance with Sections 236 and 239 of the Act. Under certain circumstances, the
costs of training may be shared across TAA and DW formula or DWG programs. However, states may
not use TAA funds to reimburse training costs incurred and TAA funds cannot be utilized before a
participant is determined eligible for TAA. Additionally, the TAA Governor-Secretary Agreement,
Section D, requires that the TAA Program will be the primary source of assistance to trade-affected
workers. To the extent trade-affected workers require assistance or services not authorized under the
TAA Program, or for which TAA Program funds are unavailable or insufficient (including for required
employment and case management services), the state will make such assistance available through the
American Job Center network. This provision includes services provided by DWGs.
Trade-affected workers may receive DWG-funded training if their required training is not covered by the
TAA Program. The examples below also describe how DWG funds can be used to assist trade-affected
workers:
1. If trade-affected workers are unable to begin a training program immediately, the DWG may fund
training for a limited time period. Grantees must have systems in place to accommodate a change
in the funding of training. In this instance, any training proposed with DWG funds to trade-
affected workers must be delivered through a training provider eligible under both the TAA and
the WIOA program requirements, and the training must be approvable under the TAA Program.
2. When a TAA petition has been filed by or on behalf of a group of workers but group eligibility
has not yet been determined, DWG funding may be used for training in the short-term until a
certification is rendered after a completed TAA investigation, and the state agency operating the
TAA Program determines the worker’s individual eligibility. Grantees must have systems in
place to accommodate a change in the funding of training, after TAA Program approval is
obtained. Such a participant should remain co-enrolled in the DWG and the TAA Program, as the
individual may need continued career and supportive services provided through the DWG.
3. In the event that sufficient state TAA funds and sufficient WIOA DW formula funds are not
available to provide training to the affected workers, a grantee may use DWG funds to provide
training.
For more information and other specific requirements on the TAA Program, see
https://www.doleta.gov/tradeact/.
Timing of Application
Applications should be submitted within 120 days of a qualifying layoff event to facilitate the timely
delivery of reemployment services to the affected workers. The target group of workers is eligible for
assistance upon 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.
Grant applications may be submitted under emergency status for sudden or unexpected mass layoff
events, such as an unannounced facility closure or the destruction of a place of employment due to a fire.
This streamlined and shorter emergency application must be submitted no later than 15 days after the
event occurs, otherwise, applicants should submit a full application; at the discretion of the grant officer,
emergency applications may be accepted more than 15 days after the qualifying layoff event with
appropriate justification. The applicant must submit a full application within 60 business days following
the date of award. By this time, applicants should have access to data to support a full application.
Allowable Activities
Employment and Training Assistance. For Employment Recovery DWGs, the term “employment and
training assistance” includes career services, training services, and supportive services, as described
below.
Career Services. Career services are described in WIOA Section 134(c)(2); 20 CFR Part 680; and TEGL
16-16 Section C. These include several services and activities to help support dislocated workers in
making informed decisions based on local and regional economic demand for the purpose of achieving
reemployment and education goals. These 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, provision of information on eligible training
providers, and provision of information on the availability of supportive services.
Training Services. As described in WIOA Section 134(c)(3)(D), training services are allowable under
Economic Recovery DWGs and may include: occupational training, on-the-job training (including
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 board 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. 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, 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.
Supportive Services. Supportive services are allowable when they are needed to enable individuals to
participate in disaster-relief employment and employment and training services and when supportive
services cannot be obtained through other programs. Supportive service policies for a disaster project
must align with the state or local area supportive service policy; any supportive services provided must
be consistent with WIOA.
Needs-Related Payments (NRPs). NRPs are a category of Supportive Services. As defined in WIOA
Section 134(d)(3), NRPs are allowable for DWG participants who are unemployed and do not qualify for
(or have ceased to qualify for) unemployment compensation to enable them to participate in training
services. NRPs offered under a DWG must adhere to state and local area policies and procedures in
place for all participants. Policies and procedures may not be specifically created for DWG participants.
Applicants who plan to offer NRPs to DWG participants must include a copy of the applicable NRP
policies as part of the grant submission.
If the dislocated worker has ceased to qualify for unemployment compensation, they are still eligible for
NRPs if they meet the 13-week deadline for enrollment in training requirement described in WIOA
Section 134(d)(3)(B) and 20 CFR 680.950.
Factors Considered in Awarding DWGs and Award Amounts
The Employment Recovery DWG program, as grants are awarded at the Secretary’s discretion, to assist
grant recipients in dealing with dislocation events, such as layoffs and plant closures that cannot be
handled through the local workforce development system’s normal capacity. ETA will determine
whether the dislocation exceeds the normal capacity of the local workforce system on a case-by-case
basis. ETA sets no firm requirements that applicants must meet to demonstrate this demand beyond the
normal capacity of the local workforce system. Among other factors, ETA may consider the level of
expenditure of the applicant’s prior program year total available DW formula funds (including Rapid
Response and carry-in). Other factors ETA will consider include including the quality of the proposed
project, the severity of job loss qualifying event, and the applicant’s past performance in administering
the WIOA Title I Dislocated Worker program or prior DWG awards. ETA may use quarterly financial
reports (ETA-9130 form) to verify expenditures and transfers to the Adult program, and may use
disbursement reports to verify the fund usage between quarterly reporting periods.
Adding Employers
If a grantee wants to add employers to a DWG project not included in the initial grant award, the grantee
should submit a grant modification request within the same program year in which the grant award was
made. If the addition of new employers results in a change in scope to the DWG project, such additions
may be prohibited by Federal appropriations law. Grantees must administer DWG projects for the
original purpose under which the funds were awarded.
C. Special Populations DWGs
One sub-type of Employment Recovery DWGs targets a specific population: DWGs for Dislocated
Service Members. These follow the framework for Employment Recovery DWGs, with more specific
requirements for qualifying events, eligible participants, and allowable activities, as described below.
a. DWGs for Dislocated Service Members
Description
DWGs may provide assistance to areas where there is a higher-than-average demand for employment
and training activities from dislocated military service members and dislocated military spouses that
exceeds state and local resources for providing such activities.
Qualifying Layoff Events
Higher-than-Average Demand. Generally, ETA expects that existing WIOA formula funds are
available to provide transition assistance services for most separating service members. Additionally,
these services are provided in conjunction with resources made available through the Jobs for
Veterans State Grants program and transition assistance programs administered by the Department of
Labor's Veterans’ Employment and Training Service (VETS), the Department of Veterans Affairs,
and the Department of Defense. However, when communities experience a higher-than-average
demand for services for dislocated members of the Armed Forces and dislocated military spouses,
and where additional funding is needed to meet the demand, an applicant may apply for DWG
resources.
To demonstrate higher-than-average demand, applicants must draw from administrative data sources
to document unemployment levels among veterans within a local area for the most recent quarter for
which data is available, compared to the same quarter one year ago. Appropriate sources of data
include, but are not limited to, workforce data and Unemployment Compensation for Ex-service
members (UCX) data. Service members with notification before separation may be included in the
calculation of higher-than-average demand.
Local board applicants should coordinate with states to obtain data to determine the demand from
military service members for employment and training services. WIOA Section 166 Indian and
Native American program applicants can coordinate with states to obtain such data, and ETA will
consider alternative data.
In cases where the state workforce agency that receives DW formula funding is not the applicant, the
applicant must work collaboratively with its state workforce agency to ensure coordination with the
state’s Rapid Response efforts and to assist in performance and fiscal reporting requirements for
which the state workforce agency is responsible.
Eligible Participants
Under 20 CFR 687.170(a)(1)(iv), eligible participants for DWGs for Dislocated Service Members
include the eligible participants for Employment Recovery DWGs, as listed above, and also the
following:
1. Dislocated members of the Armed Forces (service members who are transitioning to the civilian
workforce), including recently-separated veterans. This includes all members of the Armed
Forces who were discharged under conditions other than dishonorable.3
2. Dislocated spouses of members of the Armed Forces on active duty, including spouses who have
experienced a loss of employment as a direct result of relocation to accommodate a permanent
change in the service member’s duty station, or a spouse who:
a. is a dependent spouse of a member of the Armed Forces on active duty whose family
income is significantly reduced—as determined by statutes or policies of the state or local
area for defining “significantly reduced”— because of a deployment, a call or order to
active duty, a permanent change of station, or the service-connected death or disability of
the service member; and
b. is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading
employment (see WIOA sections 3(15)(E) and 3(16)(A) and (B)); or
3. A member of the Armed Forces who4:
a. 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;
b. is not entitled to retired or retained pay incident to the separation; and
c. applies for employment and training assistance within 180 days of separation.
Allowable Activities
Allowable activities for DWGs for Dislocated Service Members are the same as those described in
Section 2.B., Employment Recovery DWGs, above. These projects should be coordinated with other
veterans’ programs to avoid duplication of services, and ensure participants receive applicable
services and benefits.
Section 3 Grant Funding Approach
Incremental Funding
The Department typically funds DWG awards on an incremental basis, although on rare occasions, it may
award funds in full or in larger-than-typical increments, depending on factors such as the severity of the
disaster and the viability of a proposed project. The obligation of subsequent funding increments is based
on a recipient’s justification for the additional funds and continued demonstrated need, as evidenced by
3 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.”)
productive enrollments and expenditures. Grantees may request funding when expenditures have reached
approximately 70 percent of the total DWG funds awarded to date. ETA may also use the fiscal systems
in place to track actual fund disbursements to grantees, in order to verify the usage of funds between
quarterly reporting periods, or review grantee quarterly performance reports (QPRs) to ensure that
program goals are being met or are on track.
Prior to awarding incremental funding, ETA may also consider the performance of a grantee’s most
recent DWG award, as well as the available performance information regarding the grant for which
incremental funding is requested. This performance review will confirm that the grantee has a track
record of submitting timely and accurate performance reports. Additionally, the review should
demonstrate success or progress in meeting or exceeding one or more of the following elements, as
applicable:
the primary indicators of performance (see Attachment 6 of TEGL 14-18), as reported
in Quarterly Performance Reports (QPRs), for the most recent DWG award;
the specific outcomes and milestones identified by the grantee in the initial
application, as reported in Quarterly Narrative Reports (QNRs), for the most recent
DWG award 5;
the number of participants enrolled compared to the planned participant number, for
the most recent DWG award;
the primary indicators of performance as reported in QPRs, for the DWG requesting
incremental funding (if available);
the specific outcomes and milestones identified by the grantee in the initial application
and as reported in QNRs, for the DWG requesting incremental funding; and
the number of participants enrolled compared to the planned participant number, for
the DWG requesting incremental funding.
If no prior DWG performance is available, ETA will review grantee performance relative to
targets on other grants to serve dislocated workers (e.g. WIOA Dislocated Worker formula
program).
Grantees must adhere to the financial management and reporting requirements of the Office of
Management and Budget’s Uniform Guidance at 2 CFR Part 200, the Uniform Guidance’s DOL
5
These outcome goals will be determined by the grantee based on both the type of DWG and the
proposed activities and services to be provided in response to the qualifying events. For example,
in a Disaster Recovery DWG responding to wildfires, a milestone might be the date all disaster-
relief participants have received OSHA safety training and are ready for employment. For
Employment Recovery DWGs, these milestones and outputs may include the number of
participants completing English as a Second Language training to enable receipt of further career
and training services, or the date that a cohort of participants completed customized training for
identified, in-demand jobs.
exceptions at 2 CFR Part 2900, TEGL 28-10, Federal Financial Management and Reporting Definitions,
and other guidance applicable to DWG funds.
For Disaster Recovery DWGs, the Department generally awards one-third of the requested funding
amount, with an approved funding threshold equal to the funding request. This initial increment allows
the state to immediately enroll DWG participants to begin recovery activities, while also finishing
damage assessments and developing a full application complete with budget and implementation plan.
The initial incremental award may also take into account the state’s experiences with past disaster grants.
For Disaster Recovery DWGs, grantees may request additional increments after the submission of the full
application and when the project demonstrates continued need as evidenced by productive enrollments
and expenditures (generally 70 percent) of the total funds awarded to date.
Supplemental Funding
If a DWG project’s funding requirements surpass the approved award amount, a grantee may request
supplemental funding to complete the project. As with the release of incremental funding, the award of
supplemental funds is based on demonstrated need, as evidenced by enrolled participants and accrued
expenditures. Generally, ETA expects a 70 percent expenditure rate of all funds awarded to date prior to
a request for additional funding. ETA may also use records on Federal disbursements to grantees, which
are tracked in real time, to verify the use of funds between quarterly reporting periods. Additionally,
ETA reviews grant QPR submissions to evaluate the grant’s progress relative to initial projections, as
well as to ensure compliance with performance reporting requirements. The grantee must also provide a
justification for additional funding that addresses the changes in project requirements that exceeded the
initial planning assumptions.
Period of Performance and Period of
Section 4 Expenditure
DWGs are generally approved for a 24-month period of performance. In rare situations, a DWG grantee
may request a modification to extend the period of performance with adequate justification, and within
the period of expenditure.
Generally the period of expenditure for DWG funds begins at the month and year in which the
Department awards those funds, continues through the months remaining in the program year, plus two
subsequent program years. The period of expenditure also applies to the award of incremental and
supplemental funding.
Section 5 DWG Cost Limitations
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 at 2 CFR Part
2900 (Uniform Guidance-DOL specific). Disallowed costs are those charges to a grant that the grantor
agency or its representative determines not to be allowed in accordance with the Cost Principles or other
conditions contained in the grant. Applicants, whether successful or not, will not be entitled to
reimbursement of pre-award costs.
Indirect Costs
As specified in the Uniform Guidance Cost Principles, indirect costs are those that have been incurred for
common or joint objectives and cannot be readily identified with a particular final cost objective. An
indirect cost rate is required when an organization operates under more than one grant or other activity,
whether Federally-assisted or not. Grantees have two options to claim reimbursement of indirect costs.
Option 1: Grantees may use a Negotiated Indirect Cost Rate Agreement (NICRA, see 2 CFR Part
200 Appendix VII) or Cost Allocation Plan (CAP, see 2 CFR Part 200 Appendix V) supplied by the
Federal Cognizant Agency. If grantees do not have a NICRA/CAP or have a pending NICRA/CAP,
and in either case choose to include estimated indirect costs in your budget, at the time of award the
Grant Officer will release funds in the amount of 10 percent of salaries and wages to support indirect
costs. Within 90 days of award, grantees must submit an acceptable indirect cost proposal or CAP to
its Federal Cognizant Agency to obtain a provisional indirect cost rate.
Option 2: Any organization that has never received a negotiated indirect cost rate, with the
exceptions noted at 2 CFR 200.414(f) in the Cost Principles, may elect to charge a de minimis rate of
10 percent of modified total direct costs (see 2 CFR 200.68 for definition), which may be used
indefinitely. If a grantee choose this option, this methodology must be used consistently for all
Federal awards until such time as it chooses to negotiate for an indirect cost rate, which it may apply
to do at any time. (See 2 CFR 200.414(f) for more information on use of the de minimis rate.)
Indirect costs charged to a grant must be accompanied by a current NICRA or CAP, which has been
approved by the cognizant Federal agency.
Administrative Costs. Subject to negotiation during the application review and grant award and
modification processes, ETA applies administrative cost limitations to all DWGs, as follows.
1. If a state is the DWG recipient and one or more local areas operate the DWG project, the state
may retain up to five percent of the award amount for administrative costs, and the project
operator(s) may retain up to 10 percent of the award amount (for a total of 15 percent of the
award).
2. If a state is the DWG recipient and also acting as project operator, total administrative costs must
not exceed 10 percent.
3. If a local area is the DWG recipient, total administrative costs must not exceed 10 percent.
4. ETA will negotiate administrative cost limitations with all other DWG recipients.
WIOA Title I functions and activities that constitute administrative costs are identified at 20 CFR
683.215. Administrative costs include both direct and indirect costs.
Cost per Participant
Additionally, ETA will assess the overall cost per participant associated with DWG funding requests,
which is the total funding request divided by the number of participants projected to be served by the
grant. This cost accounts for participant services and administrative costs across total enrollments.
While this is not a stand-alone metric, it may provide a baseline measure for the reasonableness of the
funding request when assessed in conjunction with other components of the DWG’s proposed
implementation. ETA may consider one or more of the following for the cost-per-participant analysis in
Employment Recovery and Disaster Recovery DWGs.
For Employment Recovery DWGs, the cost per participant may be assessed against the cost per
participant of previously awarded DWGs similar in size, scope, and geographic area served. In
general, DWG projects should offer services and cost comparable to the services received by
individuals being served by the State’s Dislocated Worker formula-funded program. If the
proposed project has a cost per participant that is significantly higher than similar DWG projects,
or higher than the average Dislocated Worker formula fund cost per participant, the applicant may
be required to submit additional narrative to justify the proposed costs.
The cost per participant for each DWG-funded service must reflect the scope of the project, based
on the number of participants receiving each service, and the types of services provided. In
particular, training or supportive services costs that exceed the costs of similar past DWG projects
are subject to additional scrutiny and may also require the submission of additional narrative to
justify the proposed costs.
For Disaster Recovery DWGs, the cost per participant may be assessed against the same cost
exhibited in other disaster projects similar in size, scope, and geographic area served. The cost
per participant for a disaster project accounts for the wages, fringe benefits, and supportive
services provided to the disaster relief participants, as well as the administrative costs of the
project, collectively allocated across total enrollments.
Section 6 Administrative Policies
Waivers
The Department cannot waive the statutory and regulatory requirements of DWGs, which are outside the
waiver authority at WIOA Section 189(i).
However, under 20 CFR 687.190, if a WIOA statutory or regulatory waiver already has been approved
for a state’s formula-funded WIOA programs, it may be applied to DWGs carried out in that state. 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. The Department 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, grantees may request already-approved statutory or regulatory waivers for a state’s formula-
funded WIOA programs be extended to their DWG through a grant modification request. This
modification request also must describe the waiver and request application of the waiver to DWG.
In requesting that an already-approved waiver be applied, a DWG application or modification must
include a copy of the relevant waiver approval letter(s) addressed to the Governor.
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).”
Consistent Services
On projects with multiple regional, local, or state sub-recipients, ETA will award the DWG to one entity
designated as grant recipient. The project should be designed to operate under a consistent set of service
policies and procedures. An agreement must be executed among all of the involved eligible applicants
and the agreement must designate one of the entities to be the grant recipient, as well as identify the
service policies and procedures that will apply. The provision of employment and training assistance
through DWGs must reflect the activities authorized at Sections 134(c) through (d) of WIOA and 20 CFR
Part 680 and at 20 CFR 687.180. The particular services to be provided in a project are negotiated
between the Department and the grantee, taking into account the needs of the target population covered
by the grant, and may be changed through grant modifications, if required. Generally, the supportive
services provided through a DWG must be consistent with the local policies applicable for the provision
of such services using Dislocated Worker formula funding. This includes needs-related payment levels
and the duration of payments.
Early Intervention and Rapid Response
ETA recognizes the value of early intervention as a critical component of successful workforce transition
efforts. Typically carried out by state or local Rapid Response teams, early intervention activities have
shown to be important in helping workers affected by dislocations to return to new employment as
quickly as possible.
For Employment Recovery DWGs, early intervention activities are important in gathering demographic
information and identifying the needs and interests of affected workers. Therefore, DWG applications
should reflect the results of the early intervention processes and strategies, including business
engagement efforts. Projects should use the appropriate methods, including surveys, to collect
assessments, demographic information, and interest in participating in services. This data provides a
rationale for enrollment estimates and justifies that proposed grant activities will meet the needs of the
participants.
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
WIOA to provide comprehensive rapid response services, when funds are available. DWGs are part of a
continuum of services addressing the workforce and economic impacts of substantial job loss, a
continuum that aligns strategic workforce development planning with economic development priorities.
Where possible, states and local workforce areas should focus on preventing or minimizing the impacts
of dislocation through layoff aversion efforts under the Rapid Response program prior to requesting
supplemental funds through a DWG. More information on Rapid Response and allowable layoff
aversion activities may be found in TEGL 19-16.
When funds are available, states should consider providing additional assistance through Rapid
Response, per 20 CFR 682.350, to local areas impacted by significant layoffs to allow the local area(s) to
start delivery of individualized reemployment assistance as soon as dislocated workers become eligible
for WIOA services.
Other Terms
The Department 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.
Section 7 Applicants
Application Submission
Applications for DWG funding are accepted at any time, provided the appropriated funding for the DWG
program is available. The application must meet the requirements outlined in Section 170 of WIOA and
implementing regulations at 20 CFR 687.100 - 200, and this DWG operational guidance. Applications
not meeting the necessary requirements may be returned for revision, and applicants may resubmit an
amended funding request.
For detailed instructions on applying for DWGs see
https://www.doleta.gov/grants/application_howto.cfm.
DUNS and Sam.gov Registration
Submission requirements stipulate that all applicants for Federal grant and funding opportunities must
have a Data Universal Numbering System (D-U-N-S®) number and must supply their D-U-N-S®
number on the SF-424.
Before submitting their application, applicants must also ensure their registration with the System for
Award Management (SAM) is current. Applicants may find instructions for registering with SAM at
https://sam.gov/SAM/. A grantee 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, entities 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 the application submission.
Risk Review
At its discretion, ETA intends to fund applicants who 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.
NOTE: The Department 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 to 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), Dun and Bradstreet, 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 Grant 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 and responses 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 Grant Guidance (2 CFR Sections 200.500 – 200.520) or the reports and findings of any
other available audits and monitoring reports containing finds, 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, the Department 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. The
Department reserves the right to not fund any application related to this TEGL.
Award Procedures
Within 45 working days of the receipt of an application meeting submission requirements, the
Department will make a decision to approve or disapprove the request. Awards are based on the
availability of Federal funding, and are made at the Department’s discretion. The Department will issue
a notice of award for successful applications no later than 10 days following the Secretary’s approval of
the grant award.
Section 8 Performance Targets and Reporting
Performance Goals
For grantees that are states or outlying areas, state performance goals for the title I WIOA Dislocated
Worker program serve as a basis for each DWG’s performance goals. ETA negotiates with states to
determine acceptable performance targets for the title I Dislocated Worker program, including the use of
statistical regression model targets. These goals will be used for DWGs unless applicants request
additional considerations in setting performance targets for an individual grant. Grantees that are local
areas utilize goals negotiated with the state for the title I Dislocated Worker program. Grantees that are
entities described in WIOA Section 166(c) Indian and Native American program should use goals
established for that program as a basis for DWG performance targets. Goals approved in the DWG
application serve as final performance targets. For all other eligible entities that are grantees, goals
approved in the DWG application serve as final performance targets. As mentioned in Section 3,
previous performance in the title I Dislocated Worker program and previous DWGs may be a factor in
ETA’s grant funding approach.
Reporting
DWG grantees 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.doleta.gov/DWGs/Performance-and-Reporting-Resources/.
DWG grantees must submit financial reports using the ETA-9130 (G) Financial Report, including
training expenditures under Section 11c. Guidance and instructions are available at the following link:
https://www.doleta.gov/grants/financial_reporting.cfm.
Section 9 Post-Award Policies
DWG recipients must request and obtain prior written approval for 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 modifications to
address the changing circumstances affecting the project’s implementation. Recipients must also submit
DWG modifications to respond to special conditions of award, or to request incremental or supplemental
funding. For additional information on the DWG modification process, go to the following link:
https://www.doleta.gov/grants/application_howto.cfm
Grantees must adhere to the Project Implementation Plan submission requirements of their respective
regional office. Unless otherwise specified by the regional office, each grantee must develop an
implementation plan to reflect the approved project design and funding parameters in the grant award.
The grantee must complete the implementation plan within 60 calendar days following grant award and
transmit it to the Federal Project Officer upon completion.
What does federal law require today?
This guidance has been rescinded. 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