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Fiscal year 2019 trade assistance grant applications

Summary ETA instructed state workforce agencies to submit an SF-424 through Grants.gov to obtain their fiscal year 2019 Trade Adjustment Assistance training and other activities grants. It asked them to submit within 30 days of the letter and provided application instructions and grant terms in attachments. ETA now lists the advisory as Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 13-18
Date issued
February 27, 2019
Status
Withdrawn
ETA lists this advisory Canceled as of 2026-10-24, although its PDF prints Rescissions: None and Expiration Date: Continuing. The grant instructions apply to FY 2019.
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This document has been withdrawn.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This document has been withdrawn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 advisory Canceled as of 2026-10-24, although its PDF prints Rescissions: None and Expiration Date: Continuing. The grant instructions apply to FY 2019. 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 Treat this page as historical context, not current guidance, and verify current law before relying on anything here.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                 Trade Adjustment Assistance
               ADVISORY SYSTEM                            CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                        OTAA
             Washington, D.C. 20210                       DATE
                                                          February 27, 2019


ADVISORY:        TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 13-18

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

FROM:            MOLLY E. CONWAY /s/
                 Acting Assistant Secretary

SUBJECT:         Fiscal Year (FY) 2019 Trade Adjustment Assistance (TAA) Training and Other
                 Activities (TaOA) Grant Management Guidance

1. Purpose. To assist State Workforce Agencies (SWAs) or agencies designated by Governors
   as “Cooperating State Agencies” (CSAs) (also jointly referred to as “States,” “Recipients,”
   “Grantees,” “Applicant,” or “You”) in gaining access to FY 2019 TAA Program TaOA funds
   by completing and submitting Standard Form (SF) 424, Application for Federal Assistance,
   through www.grants.gov.

2. Action Requested. SWA Administrators are requested to immediately provide copies of this
   guidance to all staff involved in the preparation and submission of the SF-424s for TAA
   Program grant awards. SWA Administrators are asked to ensure that the staff person or
   persons responsible for performing these activities are fully aware of the required FY 2019
   TAA Program TaOA grant application processes and timelines. The Department is requesting
   that each SWA Administrator ensure that the SF-424 for TaOA grant funding for their state is
   submitted to ETA via www.grants.gov within 30 calendar days from the issue date on this
   TEGL.

3. Summary and Background.

        a. Summary - This guidance provides instructions to states on the required process for
           accessing FY 2019 TaOA funds. To access FY 2019 funds for Trade Readjustment
           Allowances (TRA) and Alternative Trade Adjustment Assistance/Reemployment
           Trade Adjustment Assistance (ATAA/RTAA), states should continue to follow

 RESCISSIONS                                             EXPIRATION DATE
 None                                                    Continuing

                 standard procedures, as they have previously, and contact their assigned Federal
                 Project Officer (FPO) if they have questions regarding these funds.

           b. Background - The Trade Act Title II, Chapter 2, established the Trade Adjustment
              Assistance for Workers (TAA), ATAA, and RTAA programs. These programs,
              collectively referred to as the Trade Adjustment Assistance Program (TAA Program),
              provide assistance to workers who have been adversely affected by foreign trade.
              Under Section 239 of the Trade Act, as amended, the states, as agents of the
              Department of Labor (“Department,” or “Grantor”), provide benefits and services to
              eligible workers certified to receive TAA Program benefits. Each state provides these
              services through one or more state agencies, one of which is designated as the CSA in
              an agreement between the state’s Governor and the Secretary of Labor (Secretary);
              this agreement is known as the Governor-Secretary Agreement1. The Governor-
              Secretary Agreement explains program requirements, limitations on the use of TaOA
              funds, and other important grant provisions, including the TAA Program Annual
              Funding Agreement (AFA), that states must comply with in order to access TAA
              Program funding. The Standard Terms and Conditions template that governs the TAA
              Program grant award is available at: https://doleta.gov/grants/resources.cfm.
              Attachment III of this TEGL sets out the TAA Program Requirements.

                 The Department and each state execute an AFA at the beginning of each fiscal year,
                 requiring each state to submit a signed Application for Federal Assistance Standard
                 Form-424 (SF-424) (Office of Management and Budget Approval No. 4040-0004)
                 through www.grants.gov.

4. Application and Grant Award Process.

           a. Application Process - The Department strongly encourages states to begin the
              submission process through www.grants.gov promptly, as it is often time consuming
              and could take several weeks for successful completion. In addition to other
              information requested on the SF-424, each state must: 1) enter the announcement
              number of this TEGL, ETA-TEGL-NO-13-18, into the opportunity number field of
              the application, and 2) enter the applicable amount set out for the state in Attachment
              I of this TEGL as the estimated dollar amount of funds requested for FY 2019.2
              Attachment II of this TEGL provides detailed instructions for submitting the SF-424
              and includes links to resources, including customer service contacts and other
              information, available at www.grants.gov.

           b. Grant Award Process - Upon receiving the application submitted by a state through
              www.grants.gov, the Office of Grants Management (OGM), in conjunction with the
              Office of Trade Adjustment Assistance (OTAA), will review the application materials
              and request revisions as necessary. Once approved, OGM will incorporate the

1
  In FY 2016, after the enactment of the TAARA 2015, the Governor-Secretary Agreements were revised and re-executed.
2
  The state amounts provided in Attachment I are derived using the formula factors set out in 20 CFR 618.910(f) as applied to the $450 million TaOA
funding cap.

          application with the AFA, which will be executed by the Department’s Grant Officer
          and transmitted to the Authorized Representative and Point of Contact identified on
          the SF-424 submitted for your state. Any subsequent changes to the information
          submitted on the SF-424 (people identified, address, etc.) must be submitted to the
          Department as a request to modify the AFA via the assigned FPO. Links to reporting
          databases, as well as general guidance on how to administer a grant award, may be
          found in the Grantee Handbook available at:
          https://doleta.gov/grants/award_management.cfm.


5. Inquiries. For further information about this announcement, please contact Rahel
   Bizuayene, Grants Management Specialist, OGM, at (202) 693-3438. Applicants should e-
   mail all technical questions to [email protected] and must specifically reference
   ETA-TEGL-NO-13-18, along with their question(s), and include a contact name, fax, and
   phone number with the inquiry. This TEGL is available at https://www.grants.gov.

6. References.
       The Department of Defense and Labor, Health and Human Services, and Education
         Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (Department of
         Labor Appropriations Act, 2019), Division B, Title I (Pub. L. 115-245), enacted on
         September 28, 2018;
       Chapter 2 of Title II of the Trade Act of 1974, as amended (Pub. L. 93-618) (Trade
         Act) (codified at 19 U.S.C. §§ 2271 et seq.);
       20 CFR part 618, Trade Adjustment Assistance, Subpart I;
       Training and Employment Guidance Letter (TEGL) No. 15-12, Delivery of Benefits
         and Services to Trade Adjustment Assistance (TAA) Program Recipients through the
         American Job Center Network Delivery System;
       TEGL No. 05-15, Operating Instructions for Implementing the Amendments
         to the Trade Act of 1974 Enacted by the Trade Adjustment Assistance
         Reauthorization Act of 2015 (TAARA 2015), and its Change 1;
       TEGL No. 16-16, One-Stop Operations Guidance for the American Job
         Center Network, and its Change 1;
       TEGL No. 17-16, Infrastructure Funding of the One-Stop Delivery System; and
       TEGL No. 18-17, Fiscal Year (FY) 2018 Trade Adjustment Assistance (TAA)
         Training and Other Activities (TaOA) Grant Management Guidance.

7. Attachments.
       Attachment I: Estimated FY 2019 TaOA Funding Levels
       Attachment II: Additional Submission Instructions
       Attachment III: Program Requirements

Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2019/TEGL_13-18_Attachment-1_Acc.pdf)

ATTACHMENT I


                                 Estimated FY2019 TaOA Funding Levels, by State1
                                         State                                   FY 2019 State Estimates
                            Alabama                                                  $ 1,814,148.00
                            Alaska                                                  $               -
                            Arizona                                                  $ 1,528,933.00
                            Arkansas                                                 $ 2,580,144.00
                            California                                               $26,719,752.00
                            Colorado                                                 $ 5,993,140.00
                            Connecticut                                              $14,842,299.00
                            Delaware                                                $               -
                            District of Columbia                                    $               -
                            Florida                                                  $ 4,514,595.00
                            Georgia                                                  $ 7,326,907.00
                            Hawaii                                                   $ 1,067,200.00
                            Idaho                                                    $ 1,855,132.00
                            Illinois                                                 $23,538,422.00
                            Indiana                                                  $13,815,916.00
                            Iowa                                                     $ 9,250,639.00
                            Kansas                                                   $ 3,959,884.00
                            Kentucky                                                 $15,489,660.00
                            Louisiana                                                $ 1,043,368.00
                            Maine                                                    $ 3,730,615.00
                            Maryland                                                 $ 2,310,754.00
                            Massachusetts                                            $12,126,499.00
                            Michigan                                                 $13,899,901.00
                            Minnesota                                                $13,749,703.00
                            Mississippi                                              $ 1,081,422.00
                            Missouri                                                 $11,562,557.00
                            Montana                                                 $     418,252.00
                            Nebraska                                                 $ 1,764,394.00
                            Nevada                                                  $               -
                            New Hampshire                                            $ 1,164,542.00
                            New Jersey                                               $ 8,439,172.00
                            New Mexico                                               $ 4,519,071.00
                            New York                                                 $ 5,837,372.00
                            North Carolina                                           $10,586,662.00
                            North Dakota                                            $     314,851.00
                            Ohio                                                     $23,593,976.00
                            Oklahoma                                                 $ 7,314,291.00
                            Oregon                                                   $27,842,769.00
                            Pennsylvania                                             $49,908,141.00
                            Puerto Rico                                             $     563,985.00
                            Rhode Island                                            $ 1,350,511.00
                            South Carolina                                           $10,958,689.00
                            South Dakota                                             $ 909,298.00
                            Tennessee                                                $ 8,931,075.00
                            Texas                                                    $39,575,226.00
                            Utah                                                     $ 3,882,772.00
                            Vermont                                                  $ 1,002,942.00
                            Virginia                                                 $ 4,065,142.00
                            Washington                                               $27,214,508.00
                            West Virginia                                            $ 6,127,127.00
                            Wisconsin                                                $ 9,913,642.00
                            Wyoming                                                     $       -
                             US Total                                               $450,000,000.00


1
 States are requested to enter the amount set out in this chart for their state on their Application for Federal Assistance SF-424 as the FY 2019 TaOA
estimated funding. ETA derived these estimates by applying the formula factors set out in 20 CFR 618.910(f) to the $450 million TaOA funding cap.
Consistent with §§20 CFR 618.910-930, throughout the FY, ETA will derive actual amounts for each state for the Initial Allocation, Second Distribution,
and Final Distribution and inform states of these amounts via guidance. TaOA funds are subject to the Balanced Budget and Emergency Deficit Control Act
of 1985 (BBEDCA), as amended by the Budget Control Act of 2011 (BCA) (also known as sequestration), which requires a reduction in the TaOA funding
authority for FY 2019 of 6.2 percent. Actual TaOA funding amounts for each state will reflect reductions to TaOA funding due to sequestration, as well as
any funds awarded to states through reserve requests.


                                                                          I-1

Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2019/TEGL_13-18_Attachment-2_Acc.pdf)

ATTACHMENT II
                              Additional Submission Instructions

1. Introduction. Recognizing that submission of documentation for TAA Program TaOA
   funds for FY 2019 through www.grants.gov is the same procedure the Department instructed
   grantees to follow to apply for FY 2018 TaOA funds, the following is provided to augment
   the instructions available on the www.grants.gov website.
   In the event you encounter a problem with your submission via the www.grants.gov website
   and do not find a resolution in any of the other resources, call the www.grants.gov support
   center for assistance at 1-800-518-4726 or 606-545-5035 to speak to a customer support
   representative or email [email protected]. The www.grants.gov contact center is open 24
   hours a day, seven days a week; however, it is closed on federal holidays. Note: The links in
   the sections below require Internet Explorer version of IE11 or higher, Chrome, or Firefox.
   Please use one of these browsers to access the information available on the link.

2. Timely SF-424 Submissions. The deadline for submitting SF-424s via www.grants.gov for
   TAA TaOA funding is 30 calendar days from the issue date of this guidance. States are
   strongly advised to initiate the application submission and validation process via
   www.grants.gov as soon as possible and to plan for time to resolve technical problems. Since
   it is the state’s responsibility to ensure a timely submission of their SF-424, states are
   encouraged to allot time for submission (two business days) and, if applicable, additional
   time to address errors and receive validation upon resubmission (an additional two business
   days for each ensuing submission). Only applications that have been successfully submitted
   in www.grants.gov by the deadline, which is 30 calendar days from the issue date of this
   guidance, and subsequently successfully validated by www.grants.gov, will be considered
   timely. Please note validation in www.grants.gov, does not mean the state’s application has
   been accepted as complete or has been accepted for review. Rather, www.grants.gov only
   verifies the submission of certain parts of the application.

3. How to Submit an Application. Applicants can apply on www.grants.gov using
   Workspace, https://www.grants.gov/web/grants/applicants/workspace-overview.html.
   Workspace is a shared online environment that allows organizations or individuals to apply
   for federal grants by enabling simultaneous access and edit of different forms within a single
   application. To access complete instructions on how to apply for opportunities, see
   https://www.grants.gov/web/grants/applicants/apply-for-grants.html. To apply for FY 2019
   TaOA grant funds once you have logged into Workspace, select Search Grants at:
   https://www.grants.gov/web/grants/search-grants.html, and enter ETA-TEGL-NO-13-18 in
   the Opportunity Number field of the Basic Search Criteria box. Be careful to use the specific
   syntax: ETA-TEGL-NO-13-18.

4. Important Information.
       Completing your grant application requires you to enter your organization’s
         Authorized Organizational Representative (AOR) Username and Password. If you do
         not have the AOR’s Username and Password, please register as a new user
         (https://apply07.grants.gov/apply/register.faces). Note, if you already have a
         www.grants.gov account and know or can retrieve your AOR’s logon information


                                               II-1

                                                                            ATTACHMENT II
                        Additional Submission Instructions

    using the Forgot Username or Password function, you do not need to register another
    account to apply for FY 2019 TaOA grant funds.

   When you submit your application via www.grants.gov, an electronic time stamp is
    generated within the system when the application is successfully received by
    www.grants.gov. Grants.gov will send the applicant AOR an email acknowledgement
    of receipt and a tracking number, e.g., (GRANTXXXXXXXX), with the successful
    transmission of the application, serving as proof of their timely submission. During
    this process, the applicant will receive two email messages to provide the status of the
    application’s progress through the system.
            o The first email, sent almost immediately, will contain a tracking number
                and will confirm receipt of the application by www.grants.gov.
            o The second email will indicate that the application has either been
                successfully validated or has been rejected due to errors.

   Each applicant must be registered in the System for Award Management (SAM),
    https://www.sam.gov/SAM/pages/public/index.jsf, (access requires Internet Explorer
    version of IE11 or higher, Chrome, or Firefox). SAM.gov is an official government
    website that allows you to: 1) register to do business with the U.S. government; 2)
    update or renew your entity registration; check status of an entity registration; or
    search for entity registration and exclusion records. Applicants must have an active
    registration in SAM to complete the SF-424. If the applicant’s registration in SAM is
    expired, www.grants.gov will reject the application.

   To ensure consideration, the components of the application must be saved as .doc,
    .docx, .xls, .xlsx, .rtf or .pdf files. If submitted in any other format, the applicant bears
    the risk that compatibility or other issues may prevent a state’s application from being
    considered. The Department will attempt to open the document, but will not take any
    additional measures in the event of problems with opening it (i.e., conversions of any
    kind).

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

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


                                          II-2

Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2019/TEGL_13-18_Attachment-3_Acc.pdf)

ATTACHMENT III
                                    Program Requirements


A. Overview. The TAA Program includes training, employment and case management services,
   job search allowances, relocation allowances, Trade Readjustment Allowances (TRA),
   Alternative Trade Adjustment Assistance (ATAA), and Reemployment Trade Adjustment
   Assistance (RTAA). TAA Program TaOA funds provided under this grant award may be
   used to cover the cost of training (and related costs), employment and case management
   services, job search allowances, relocation allowances, and related state administration.
   Funds for TRA, ATAA, and RTAA are governed by the terms and conditions of the
   Unemployment Insurance Annual Funding Agreement.

B. States’ Responsibilities. TEGL No. 16-16, One-Stop Operations Guidance for the
   American Job Center (AJC) Network, provides guidance on states’ responsibilities for
   ensuring that the Workforce Innovation and Opportunity Act (WIOA) partner programs are
   integrated into the one-stop system. The TAA Program is a required one-stop partner under
   the WIOA statute and regulations. As a WIOA required partner, the TAA Program is
   responsible for providing access to TAA benefits and services to adversely affected workers
   through the one-stop network. Under WIOA and the Trade Act, as amended, states must
   integrate TAA services into their one-stop delivery system; provide rapid response and
   appropriate career services to worker groups on whose behalf a petition has been filed; and
   disseminate benefit information that provides workers an accurate understanding of the TAA
   Program’s benefits and services in such a way that it is transparent to the worker applying for
   them. States must also use their state’s one-stop centers as the main point of contact for
   participant intake and delivery of TAA benefits and services.

   1) Program Access
       If the TAA Program is carried out in a local area, the State must provide access to the
       TAA Program services in at least one of the local area’s comprehensive one-stop centers
       in accordance with 20 CFR §678.305(d) and with WIOA sec. 121(b)(1)(A)(i). Access to
       the TAA Program occurs in one of three ways:

               a) Option 1: Having a program staff member physically present at the one-stop;
               b) Option 2: Having a staff member from a different partner program physically
                  present at the one-stop center appropriately trained to provide information to
                  customers about the programs, services, and activities available through all
                  partner programs; or
               c) Option 3: Making available a direct linkage through technology to a program
                  staff member who can provide meaningful information or services.

       The options above offer a wide range of possibilities to partners. Option 2 could require
       varying levels of assistance depending on the trade-affected worker’s needs. For example,
       this could be as simple as having an adequately trained WIOA staff member providing
       basic program information to a one-stop customer regarding group and individual
       eligibility requirements of the TAA Program. In this example, the partner staff member

                                               III-1

                                                                             ATTACHMENT III
                                 Program Requirements

   has been trained on TAA Program eligibility requirements, as well as how to search for
   and file a TAA petition. Once the Department renders a determination on a petition, the
   partner staff member will connect the worker to appropriately trained one-stop center
   staff who can further assist them. If the petition is certified, the worker is eligible to apply
   for individual benefits and appropriately trained one-stop center staff must guide them
   through the application and enrollment process. This option allows the customer to
   receive high-quality service through the one-stop center, in a timely manner. In this
   example, it would be essential that the Wagner-Peyser Act Employment Service staff
   person document his or her time and effort to ensure that the charges to the appropriate
   program, namely the TAA Program, for salaries and wages are based on records that
   accurately reflect the work performed, consistent with federal cost principles in the Office
   of Management and Budget’s (OMB’s) Uniform Guidance at 2 CFR §200.430.

   The third option, Option 3, a direct linkage, can take many forms as well. As described in
   20 CFR §678.305(d)(3), a “direct linkage” means providing a direct connection at the
   one-stop center within a reasonable time, by phone or through a real-time web-based
   communication, to a program staff member who can provide program information or
   services, including career services, to the customer. Solely providing a phone number,
   website, information, pamphlets, or materials does not constitute a “direct linkage.”

   The flexibility provided through the three optional methods for assuring customer access
   to required one-stop center partner services and activities at the comprehensive centers
   ensures that the TAA Program remains accessible through the one-stop center network.


2) Compliance with Regulations and Guidance
   In performing its responsibilities under the Governor-Secretary Agreement, as a condition
   for receipt of funds, the state agrees to fully comply with all program regulations and
   administrative directives, including, but not limited to:
       a) 20 CFR part 617, 29 CFR part 90, and 20 CFR part 618 and any succeeding
           regulations governing the TAA Program;
       b) Joint WIOA Final Rule published in the Federal Register at:
           https://www.gpo.gov/fdsys/pkg/FR-2016-08-19/pdf/2016-15977.pdf;
       c) Department-Only WIOA Final Rule published in the Federal Register at:
           https://www.gpo.gov/fdsys/pkg/FR-2016-08-19/pdf/2016-15975.pdf;
       d) Department of Labor Appropriations Act, 2019, Division B, Title I, (Pub. L. 115-
           245), enacted September 28, 2018;
       e) 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and
           Audit Requirements for Federal Awards) and 2 CFR part 2900 (Department’s
           Supplement to 2 CFR part 200);
       f) Chapter 2 of Title II of the Trade Act of 1974, as amended (Pub. L. 93-618)
           (Trade Act) (codified at 19 U.S.C. §§ 2271 et seq.);


                                            III-2

                                                                         ATTACHMENT III
                                Program Requirements

      g) Trade Adjustment Assistance Reform Act of 2002, Division A, Title I, Subtitle A
         of the Trade Act of 2002 (Pub. L. 107-210) (as amended by the Miscellaneous
         Trade and Technical Corrections Act of 2004 (Pub. L. 108- 429)) (TAARA);
      h) Trade and Globalization Adjustment Assistance Act of 2009, Division B, Title I,
         Subtitle I of the American Recovery and Reinvestment Act of 2009 (TGAAA)
         (Pub. L. 111-5);
      i) Trade Adjustment Assistance Extension Act of 2011 (Pub. L. 112-40) (TAAEA);
      j) Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA), as
         amended by the Budget Control Act of 2011 (BCA);
      k) Trade Adjustment Assistance Reauthorization Act of 2015 (Pub. L. 114-27, Title
         IV) (TAARA 2015);
      l) TEGL No. 15-12, Delivery of Benefits and Services to Trade Adjustment
         Assistance (TAA) Program Recipients through the American Job Center Network
         Delivery System;
      m) TEGL No. 05-15, Operating Instructions for Implementing the Amendments to the
         Trade Act of 1974 Enacted by the Trade Adjustment Assistance Reauthorization
         Act of 2015 (TAARA 2015) and its Change 1;
      n) TEGL No. 16-16, One-Stop Operations Guidance for the American Job Center
         Network, and its Change 1;
      o) TEGL No. 17-16, Infrastructure Funding of the One-Stop Delivery System; and
      p) TEGL No. 18-17, Fiscal Year (FY) 2018 Trade Adjustment Assistance (TAA)
         Training and Other Activities (TaOA) Grant Management Guidance.

3) Compliance with Requirements
   In performing its responsibilities under this award, the state hereby certifies and assures
   that it will fully comply with the following requirements:
       a) Real Property. The requirements and restrictions related to real property in 2 CFR
            §200.439, including compliance with 2 CFR § 200.439(b)(3). This provision
            provides that capital expenditures for improvements to land or buildings which
            materially increase their value or useful life are unallowable as a direct cost,
            except with the prior written approval of the Grant Officer.
       b) Equipment. Equipment purchases under the TAA Program are subject to the
            provisions at 2 CFR § 200.313. Consistent with 2 CFR §2900.16, prior approval
            is hereby provided for equipment purchases under the TAA Program.
       c) Oversight Roles and Responsibilities. Each recipient and subrecipient of funds
            under the Trade Act, as amended, must conduct regular oversight and monitoring
            of its program and those of any subrecipients and contractors as required under
            Section 239(i) of the Act, as well as under 2 CFR part 200, including 2 CFR
            §200.328, § 200.330, §200.331, and Department exceptions at 2 CFR part 2900,
            in order to:


                                          III-3

                                                                   ATTACHMENT III
                         Program Requirements

        i. Determine that expenditures have been made against the proper cost
             categories and within the cost limitations specified in the Act, the
             regulations, and administrative guidance;
        ii. Determine whether there is compliance with other provisions of the Act,
             the regulations, and administrative guidance;
        iii. Assure compliance with 2 CFR part 200 and the Department’s exceptions
             at 2 CFR 2900; and
        iv. Determine compliance with the nondiscrimination, disability, and equal
             opportunity requirements of sec. 188 of WIOA, including the Assistive
             Technology Act of 1998 (29 U.S.C. 3003).
d) Procedures and Resolution of Findings.
   (i) Resolution of subrecipient-level findings.
             (1) The Governor is responsible for resolving findings that arise from the
             monitoring reviews, investigations, other Federal monitoring reviews, and
             audits (including under 2 CFR part 200) of subrecipients awarded funds
             through the Trade Act, as amended.
                 (a) A State must use the written monitoring and audit resolution, debt
                 collection and appeal procedures that it uses for other Federal grant
                 programs.
                 (b) If a State does not have such written procedures, it must prescribe
                 standards and procedures to be used for this grant program.
             (2) For subrecipients awarded funds through a recipient of grant funds, the
             direct recipient of the grant funds must have written monitoring and
             resolution procedures in place that are consistent with 2 CFR part 200.
   (ii) Resolution of state findings.
             (1) The Secretary is responsible for resolving findings that arise from
             Federal audits, monitoring reviews, investigations, incident reports, and
             audits under 2 CFR part 200 for direct recipients of Federal awards under
             the Trade Act, as amended.
             (2) The Secretary will use the Department’s audit resolution process,
             consistent with 2 CFR part 2900, Subpart F.
             (3) A final determination issued by a Grant Officer under this process may
             be appealed to the Department’s Office of Administrative Law Judges
             under the procedures in 2 CFR § 2900.22.
e) Nondiscrimination. Requirements and restrictions for nondiscrimination and
   equal opportunity, which are provided in 29 CFR part 38, Implementation of the
   Nondiscrimination and Equal Opportunity Provisions of WIOA.


                                    III-4

                                                                              ATTACHMENT III
                                    Program Requirements

C. Use of Funds. Funds obligated under this grant award may be used for training (and related
   costs), employment and case management services, job search allowances, relocation
   allowances, and related state administration costs incurred in the provision of TAA Program
   benefits and services to trade-affected workers in accordance with the requirements of the
   Trade Act, as amended, in effect at the time of filing of the petition under which the workers
   are covered. The following limitations apply to FY 2019 appropriated funds awarded to the
   state under this grant award:
     1) State expenditures for related state administration costs must not exceed ten percent
         (10%) of the total amount of TaOA funds awarded in a FY; and
     2) State expenditures for employment and case management services costs must not be
         less than, but may exceed, five percent (5%) of TaOA funds awarded in a FY.

D. Deobligation of Funds. The Recipient agrees to accept a deobligation of the TaOA funds, as
   set forth in the Notice of Award, in the event of underutilization of those funds. The Grantor
   will consider underutilization of TaOA funds to exist when the Recipient will be unable to
   use some or all of the unexpended and/or unobligated balance of such funds provided to the
   recipient within a reasonable period of time. Underutilized funds will be recaptured only after
   notification to and consultation with the Recipient.

E. Recapture and Reallotment of FY Funds. In addition to the information provided in the
   deobligation of funds clause above, section 245(c) of the Trade Act of 1974, as restored by
   the TAARA 2015, provides that the Secretary may recapture and reallot funds that were
   allotted to any state to carry out employment and case management services, training, job
   search allowances, and relocation allowances, that remain unobligated by the state during the
   second or third fiscal year after the funds were obligated.

F. Remedies. All TAA Program funds must be expended in accordance with the provisions of
   the AFA and any special terms and conditions of approved funding requests. Any expenditure
   of funds that does not comply with these provisions will be subject to the enforcement
   remedies at 2 CFR § 200.338 and 20 CFR § 617.52(c) and § 617.59(f), or any succeeding
   regulations. The state will take such action as is reasonably necessary to recover for the
   account of the United States all amounts paid out as program benefits or services that were
   erroneously paid to ineligible claimants or others, and to restore any losses or misapplication
   of funds allocated to the state for TAA Program benefits or services.

G. Merit Staff. The state agrees that staff employed to carry out state administration of the
   TAA Program and funded by the TAA Program, including staff of the state agency and the
   state Employment Service agency that perform functions under both the TAA Program and
   the state unemployment compensation (UC) program and/or ES programs, will comply with
   20 CFR § 618.890.


                                              III-5

                                                                             ATTACHMENT III
                                    Program Requirements


H. Administrative Costs.
     1) The administrative cost limit for the fiscal year program funding allocation for
        training, job search assistance, and relocation allowances is included above in
        paragraph C of this Attachment III, with which states must comply.

       2) For purposes of the TAA Program, the costs of administration are the costs associated
          with performing the following:
          a) overall general administrative functions of the TAA Program and the coordination
             thereof within the one-stop center network established under WIOA:
                 i.     Accounting, budgeting, financial, and cash management functions;
                 ii. Procurement and purchasing functions;
                 iii. Property management functions;
                 iv. Personnel management functions;
                 v.     Payroll functions;
                 vi. Coordinating the resolution of findings arising from audits, reviews,
                        investigations and incident reports;
                 vii. Audit functions;
                 viii. General legal services functions;
                 ix. Developing systems and procedures, including information systems,
                        required for these administrative functions;
                 x. Processing applications for benefits under the Trade Act, as amended;
                 xi. Rendering and issuing eligibility determinations under the Trade Act, as
                        amended;
                 xii. Processing waivers of training requirements under section 231 of the
                        Trade Act, as amended;
                 xiii. Collecting, validating, and reporting data required under the Trade Act,
                        as amended;
                 xiv. Administering Reemployment Trade Adjustment Assistance (RTAA)
                        under section 246 of the Trade Act, as amended;
                 xv. Performing oversight and monitoring responsibilities related to
                        administrative functions;
                 xvi. Costs of goods and services required for administrative functions of the
                        program, including goods and services such as rental or purchase of
                        equipment, utilities, office supplies, postage, and rental and maintenance
                        of office space;
                 xvii. Travel costs incurred for official business in carrying out administrative
                        activities or the overall management of the TAA Program; and
                 xviii. Costs of information systems related to administrative functions (for
                        example, personnel, procurement, purchasing, property management,
                        accounting and payroll systems) including the purchase, systems
                        development and operating costs of such systems.


                                              III-6

                                                                      ATTACHMENT III
                            Program Requirements

3) Awards to subrecipients or contractors that are solely for the performance of
   administrative functions are classified as administrative costs.

4) Specific costs charged to an overhead or indirect cost pool that can be identified
   directly as a program cost are to be charged as a program cost. Documentation of such
   charges must be maintained. (Not all indirect costs are administrative and not all
   administrative costs are indirect).

5) Costs of the following information systems capabilities, including the purchase,
   systems development, and operational costs (e.g., data entry), are charged to the
   program category:
       a) Tracking or monitoring of participant and performance information, including
          employment and case management services and activities; and
       b) Tracking or reporting employment statistics information, including job listing
          information, job skills information, and demand occupation information.

6) Wherever possible, states must make efforts to streamline the administrative activities
   and services referenced in this section by minimizing duplication, effectively using
   information technology to improve services and leveraging resources across
   programs.

7) States should consult the appropriate Regional Office for additional technical
   assistance related to classification of costs under the Trade Act, as amended.


                                       III-7

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