BRAC 2005 National Emergency Grant implementation and eligibility

CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM
U.S. DEPARTMENT OF LABOR
Washington, D.C. 20210
CLASSIFICATION: National Emergency Grants
CORRESPONDENCE SYMBOL: Office of National Response
DATE: July 13, 2006

TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 16-03, CHANGE 4

TO: ALL STATE WORKFORCE AGENCIES
ALL STATE WORKFORCE LIAISONS

ALL STATE RAPID RESPONSE COORDINATORS

FROM: EMILY STOVER DeROCCO /s/
Assistant Secretary

SUBJECT: National Emergency Grants (NEGs) - Use of NEG Funds Under the
Workforce Investment Act (WIA), as Amended, to Support

Employment-Related Assistance for Workers Affected by the 2005
Defense Base Realignment and Closure (BRAC 2005) Actions

RESCISSIONS: NONE
EXPIRATION DATE: CONTINUING

1. Purpose.

a. To provide additional guidance to the workforce investment system regarding
the modification of NEG BRAC 2005 strategic planning grants.

b. To provide guidance to the workforce investment system regarding new
applications for NEG-funded assistance for individuals, military installations
and communities affected by BRAC 2005 once the Department of Defense (DoD)
timelines are available and well-articulated reemployment strategies are in place.

2. References.
• Workforce Investment Act (WIA), section 173, 29 U.S.C. 2918
• WIA Regulations at 20 CFR part 671
• Announcement by Secretary Chao of the Department of Labor initiative,
Workforce Innovation in Regional Economic Development (WIRED), November
2005. http://www.dol.gov/opa/media/press/eta/eta20060329.htm
• Training and Employment Guidance Letter (TEGL) No. 16-03, Change 2, “Use of

National Emergency Grant (NEG) Funds Under the Workforce Investment Act,
as

Amended, to Support Activities Related to the 2005 Defense Base Realignment
and Closure (BRAC 2005) Commission,” issued May 24, 2005,
http://wdr.doleta.gov/directives/attach/TEGL16-03_Ch2.pdf

Training and Employment Guidance Letter (TEGL) No. 16-03, "National
Emergency Grant (NEG) Policy Guidance," issued January 26, 2004,

http://wdr.doleta.gov/directives/attach/TEGL16-03.pdf

Training and Employment Guidance Letter (TEGL) No. 2-05, “Workforce
Investment System Support of Actions of the 2005 Base Realignment and Closure
(BRAC) Commission,” issued August 11, 2005,

http://wdr.doleta.gov/directives/attach/TEGL2-05.pdf

Grant Officer Notice to NEG BRAC 2005 grantees, dated November 10, 2005
"Workforce Investment Act: National Emergency Grants - Application
Procedures," Federal Register Notice, 69 Fed. Reg. 23051 (April 27, 2004)
http://www.doleta.gov/NEG/apply_neg.cfm

Defense Base Closure and Realignment Act of 1990, as Amended, Pub. L. 101-510
Training and Employment Guidance Letter No. 22-04, “Serving Military Service
Members and Military Spouses under the Workforce Investment Act Dislocated
Worker Formula Grant,” issued March 22, 2005,

http://wdr.doleta.gov/directives/attach/TEGL22-04.pdf

Department of Defense BRAC Web site:

http://www.defenselink.mil/brac/ Final BRAC 2005 report:
http://www.brac.gov/docs/final/Volume2BRACReport.pdf

Department of Defense Website for Listing of BRAC 2005 actions by state:
“Economic Area/Region of Influence Installation

Department of Defense, Office of Economic Adjustment Web site:

http://www.oea.gov/oeaweb.nsf/Home?OpenForm

Training and Employment Guidance Letter No. 10-91, “Recognition of the Office

of Personnel Management's Certification of Expected Separation as a Notice of
Termination,” issued June 22, 1992,

http://wdr.doleta.gov/directives/attach/TEGL10-91.pdf

Department of Defense, Office of Economic Adjustment, Recognized Local
Redevelopment Authorities (LRAs) for BRAC 2005 closures and realignments
(listing will be updated as LRAs are named. Web site:
http://www.oea.gov/oeaweb.nsf/LRA?readform

Training and Employment Guidance Letter (TEGL) No. 17-05, “Common
Measures Policy for the Employment and Training Administration’s (ETA)
Performance Accountability System and Related Performance Issues,” issued
February 17, 2006, http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2195

3. Background. The Base Realignment and Closure (BRAC) Commission’s Report for
2005 was approved by the President on September 15, 2005, and became effective
November 9, 2005, when Congress did not reject the report within the required
timeframe. The Department of Labor’s (DOL) NEG BRAC policies were articulated
in TEGL No. 16-03, Change 2, issued May 24, 2005, following the Secretary of
Defense’s recommendations to the BRAC Commission on May 13, 2005.
Subsequently, nearly $29 million in NEG funds were awarded to 37 states, the
District of Columbia and Guam to initiate early strategic planning to respond to the
anticipated closure and realignment actions (including communities where
employment gains are projected) of BRAC 2005. DOL prepared a fact sheet for DoD
to provide guidance to its system on the use of the NEG BRAC Workforce Planning
Grant funds. It may be viewed at the DOL ETA Web site:
http://www.doleta.gov/layoff/. This TEGL—
• Supplements guidance provided in TEGL No. 16-03, Change 2, regarding
the use of NEG funds for strategic planning to respond to BRAC 2005
(NEG BRAC Planning Grants);

• Provides guidance regarding the modification of NEG BRAC Workforce
Planning Grants to include an implementation phase, and/or request
supplemental funds, when certain requirements (discussed below) have
been met; and
• Describes the NEG e-application procedures and prerequisites for new
grants for states that did not apply for NEG BRAC Workforce Planning
Grants in June 2005, but now have pending BRAC 2005 actions.

Generally, this TEGL does not repeat NEG policies contained in TEGL No. 16-03,
which provides the framework for applying for and operating NEGs, nor does it
repeat the policies and principles outlined in TEGL No. 16-03, Change 2 regarding
NEG BRAC Workforce Planning Grants. Therefore, it is important to read this

TEGL in conjunction with earlier such guidance. The three sections (paragraphs 4-6)
of this TEGL deal with the following —
• Modifications to Existing NEG BRAC Workforce Planning Grants, including
requests for supplemental funding (paragraph 4);
• New NEG BRAC Applications (paragraph 5) ; and
• General policies that apply to all NEG BRAC 2005 Workforce Grants (i.e., for

both modifications to existing grants and applications for new BRAC 2005 NEGs
as described in paragraph 6, below).

4. Modifications to Existing NEG BRAC Planning Grants, including requests for
supplemental funds. The following general principles apply to grantees with NEG
BRAC Workforce Planning Grants who wish to request a modification to begin
implementation or apply for supplemental funds —
• NEG BRAC Workforce Planning grantees should submit a request to the
NEG Grant Officer to modify the planning grant to incorporate the

implementation (services to participants) phase of responding to BRAC
2005, when appropriate, as discussed below.
• All requests for implementation modifications to a current NEG BRAC
2005 Planning Grant must be submitted to the NEG Grant Officer via the
e-application system, in accordance with the instructions contained in the
NEG Application Procedures at http://www.doleta.gov/layoff/. If
technical problems are experienced with the NEG e-application system,
please contact the NEG e-application Help Desk (Telephone Number:
202-693-3925 (not a toll-free number)). It is important to note that earlier
guidance that BRAC modifications should be submitted on paper or by
e-mail does not apply when participants are to be served.

• As the BRAC actions progress, including facilities affected and changes in
timelines, grantees are required to identify such changes. Requests for
modifications to remove and/or add installations must be submitted to
the NEG Grant Officer via the NEG e-application system. Grantees with
questions on this issue should contact the appropriate Federal Project
Officer (FPO), as identified in the Grant Award Letter or Modification

Letter. The FPOs will work with grantees to help resolve any issues
related to modifications.
• Requests for supplemental NEG funds for BRAC 2005 implementation
will be considered when quarterly financial accrued expenditures for the
applicable NEG BRAC grant approaches 80 percent of funds awarded.
• The following paragraphs outline requirements for submitting several

types of modifications that grantees of NEG BRAC Workforce Planning
Grants may wish to submit--

a. Modifications to BRAC 2005 Planning NEGs to Incorporate the
Implementation Phase.

(1) We understand that grantees may wish to request modifications
to begin the implementation phase during PY 2006, even though
planning activities may still be ongoing. However, at this time,

much of the planning will focus on the timing of layoffs and
closures as well as workforce gains. A revised DoD listing of
projected community impact (including indirect impacts) has
been prepared, entitled: “Final Recommendations: Employment
Impact by Economic Areas and States,” (Appendix O). It may be
viewed on the Web at:

http://www.brac.gov/docs/final/AppendixO.pdf. This will
assist states and affected local areas in developing service plans
for actions that will occur over the next two to three years. A U.S.
map prepared by DoD showing the locations of realignments and
closures (Appendix T: 2005 Defense Base Closure and
Realignment Commission Actions) can also be viewed at the DoD
Web site: http://www.brac.gov/docs/final/AppendixT.pdf.
The latter will also assist in identifying affected military
installations in states which border one another and that impact
Metropolitan Statistical Areas (MSAs) in grantee states.

(2) The Appendix O report delineates by installation within each
state the projected net job changes broken down by (a) military,
(b) civilian, (c) contractor and (d) indirect job changes. It should
be noted that these data alone may not be sufficient for workforce
development purposes if the impacted workers have different
skill sets/requirements. Thus, one layoff would not necessarily
cancel one new job gain. Therefore, the number of workers
requiring transition assistance will depend upon data shared
locally between the military installation and the workforce

investment system to reach the appropriate level for NEG
purposes.

(3) As grantees prepare to enter the implementation phase, a
reassessment of the initial strategic planning strategies may be
required in order to respond to the final actions of BRAC 2005.
For example, many states that had large proposed closures or
realignments removed from the recommended list, based upon
final BRAC 2005 decisions, may still have smaller actions that will
occur within the state or be affected by BRAC 2005 actions in
region or in its bordering states.

(4) In those states that received NEG BRAC Workforce Planning
Grants based upon earlier projections but with less final BRAC
activity than originally anticipated, grantees are encouraged to
utilize available NEG funds to respond to the final BRAC actions,
even where the number of workers projected to be affected (losses
or gains) in a single community or regional area would not
normally qualify a state for NEG assistance. Funds expended on
BRAC 2005 actions that were later reversed or amended by the
approved recommendations of the BRAC Commission are
allowable NEG expenditures. If grantees have questions, please
contact the FPO for the project. DOL intends to work with states
to the extent practicable to use NEG funds already awarded for
BRAC Workforce-related purposes.

b. Eligible BRAC 2005 Events for Modification of NEG BRAC
Workforce Planning Grants to Include an Implementation Phase.
Implementation modifications may be submitted when the grantee is
able to identify impending BRAC-impacted actions and the number
of eligible individuals available to commence services. At least five
categories of BRAC-related events have been identified that may
result in individuals being eligible for assistance under a NEG as a
result of BRAC 2005 actions. These categories include businesses and
individuals indirectly affected by BRAC. A more detailed discussion
of each of these events is contained in section 5, below.
• Closures of military installations
• Realignments (layoffs)
• Realignments (gains)
• Conversion/ diversification of operations from defense to non-defense applications for specific contractors identified by DoD
• Layoffs or gains at companies indirectly affected by BRAC 2005,
e.g., businesses in a community or on a base that depended
primarily on the military for revenue, which close or downsize as a
result of BRAC 2005, or which need new workers to grow or open a

business as a result of expansions of military personnel due to
BRAC 2005

c. Eligible Target Populations for NEG BRAC projects. There are also
five broad categories of directly or indirectly BRAC 2005-affected

individuals who can be targeted under a NEG project as BRAC 2005
actions proceed —
• DoD Civilian Employees

• Members of the Armed Forces
• Contractors of DoD and/or the military installation
• Military spouses and family members who qualify as dislocated
workers
• Others directly or indirectly affected by BRAC 2005

The attachment to this TEGL provides guidance on the categories of
individuals eligible to participate in NEG BRAC workforce projects,
the WIA eligibility criteria that apply, a discussion of how these
events relate to BRAC, as well as information on participant
eligibility requirements and documentation. Some of the categories
of individuals conform to WIA section 173(2) while others describe
those covered under WIA sections 101(9) and (10). If a grantee
identifies additional categories, please consult with the project FPO
and include them in a grant modification or application request.

d. Requests for Supplemental Funds to a NEG BRAC Workforce
Planning Grant that has been converted. A modification of the
project to request supplemental NEG funds (i.e., funds to expand the
resources in a converted NEG BRAC Planning Grant) may be
submitted via the e-application system when accrued expenditures
approach 80 percent of available NEG BRAC funds, and there is a
demonstrated need for funds in addition to the converted planning
grant funds and formula dislocated worker funds. The request must
include revised implementation schedules, a SF 424 and any other
changes requested from the prior modification. Applications for
supplemental funds will be considered for award when all needed
information has been submitted.

5. Applications from States that do not have NEG BRAC Workforce Planning Funds

States that were not awarded NEG BRAC Workforce Planning Grants. Any state
that did not request NEG BRAC Workforce Planning Grant funds in 2005 that
wishes to obtain NEG funds to address the effects of BRAC 2005 must submit an
application for NEG BRAC workforce funding in accordance with the NEG
Application Procedures and the guidance provided below and in TEGL No. 16-03,
Change 2. Such requests can only be made when WIA formula Dislocated Worker,

Adult and Youth funds, as appropriate, are not sufficient or targeted to serve the
individuals impacted by such events.

a. Eligible Events for Requesting New NEG Funds for BRAC 2005
Implementation — This section clarifies the circumstances for which
states may submit applications for NEG funds to address BRAC

2005-related events and the eligible circumstances for funding under
the NEG Application Procedures at 59 Fed. Reg. 23051, 23059 (April
27, 2004). Applications must identify an eligible BRAC-related action
meeting the requirements set forth in this section. As part of its
review of the BRAC-related action identified in the application, DOL
will coordinate with the Office of Economic Adjustment (OEA) at
DoD for verification. One or more events may apply to a single
state and may be covered in a single application if the BRAC action
timelines make this administratively efficient. However, there may
be large closures or realignments where it is more administratively
efficient to submit separate applications for separate BRAC projects,
e.g., timelines vary, size of event/impact, duration of transition,
complexity of an event, etc.

BRAC Closure
States may submit an application when:
• DoD has advised that one or more BRAC 2005 closures in a state as identified
on the BRAC 2005 final list are scheduled to close no later than two years
after the date of the NEG application, and

The affected installation commander has advised the state or local workforce
investment board that a minimum of 50 individuals (including spouses) will
be available to commence services within 60 days of the NEG application.

BRAC Realignment (Layoffs)
States may submit an application when:
• DoD has announced that one or more BRAC 2005 realignments in a state will
be completed no later than 2 years after the date of the NEG application, and
Notices of expected terminations will be issued by the military installation to
50 or more workers (including military spouses) within 60 days of the NEG
application, and those individuals will be available (release time to
participate in transition activities, including training, as appropriate) to
commence services at that time.

BRAC Realignment (Gains)
States may submit an application when:
• BRAC 2005 strategic planning activities have documented a need to train
eligible dislocated workers for occupations to support a community’s ability
to accommodate the growth resulting from BRAC 2005 realignments, e.g.,
civilian employee openings, military spouses, service workers, construction
workers, etc., and

WIA formula Adult, Dislocated Worker or Youth funds are not sufficient to
undertake such training.

• BRAC-related DoD Contractors

States may submit an application when:
• DoD has identified specific contractors with workers eligible for skills
upgrading to avoid layoff and enable the contractor to convert its operations
from defense to non-defense applications, pursuant to WIA sections 173(c)
(2)(A)(iii) and 173(c)(2)(B), or
• A layoff or closure has been announced by a DoD contractor as a result of
BRAC 2005.
• Companies/Workers Indirectly Impacted by BRAC. States may submit an

application when the applicant has identified fifty or more workers that the state
determines are being laid off from businesses indirectly affected by BRAC 2005
actions, e.g., businesses where the revenues were dependent upon the existence
of the military installation, as determined by the state. Although this group may
be integrated as part of other layoffs in order to qualify for NEG funds, a stand-alone request for NEG funds must demonstrate that there are not sufficient WIA
formula funds to assist the target group(s). The target population must be

enrolled in services within six months of the NEG application, as discussed in
TEGL No. 16-03.

6. General Policies Applicable to NEG BRAC Workforce Grants (for both

Modifications to Existing NEG Workforce Planning Grants and New NEG BRAC

applications). The following policies will apply to the identified topics.

a. Financial Prerequisites for New Funding. Prior to the award of new NEG

BRAC funds, the following financial requirements and assurances must be
met by the applicant —
• The resources being requested are in addition to those being
provided or made available by DoD, the state’s WIA formula
programs and other employment and training resources.

The grantee of a NEG BRAC 2005 Workforce Planning Grant
reports accrued expenditures of 80 percent in its most recent
quarterly financial status report, or reported accrued expenditures
in the last quarterly report were sufficient to expect that 80 percent
would be achieved by the end of the current quarter.

The state’s accrued expenditures of the total available for the
formula Dislocated Worker program in PY 2004 (or most recent
year-end report, as applicable) were 80 percent or higher of total
available Dislocated Worker funds (see
http://www.doleta.gov/budget/063005diswkrspend.pdf for PY
2004), and the most recent PY quarterly financial report reflects

accrued expenditures in an amount that one could reasonably
project to reach 80 percent of total available funds by the end of the

program year. This report is posted at the end of each quarter on
the DOL Web site at

http://www.doleta.gov/budget/gtrlyspend.cfm as soon as it is
available.

b. BRAC 2005 Closure and Realignment Dates. States or project operators must
receive from the base commander the projected closure or realignment dates for
military installations in order to modify a grant to include an implementation
plan or for states to request funds for a NEG BRAC 2005 workforce project. Such
dates will be confirmed with DoD by DOL when an application or modification
is submitted. It should be noted that planned dates may be modified even after
activities begin, as may be the case with any employer layoff or closure action.
Such action will not generally affect the eligibility of individuals already being
served, even though there may be delays in planned layoffs. The individual re-

employment plans of participants should be modified to accommodate such
actions.

c. Program Design/Collaboration Requirements for Implementation of Services.
The following are the minimum elements that must be contained in a new

application or a modification request to provide employment-related assistance
to individuals affected by BRAC 2005.

(1) The program design and retraining initiatives proposed must reflect: (a)
strategic planning that has been conducted in partnership with key stakeholders
in the community; (b) the goals for responding to BRAC 2005 with regard to high
growth, high skill occupations in the area; and (c) support for a community’s
economic development initiatives for new and/or expanding businesses in the
geographic area, including those that are the result of BRAC 2005 actions.

(2) In states where a grant will operate at more than one project site, the grantee
must have in place a financial management system that permits the grantee to
transfer funds from one local project operator to another in cases of under-expenditure and/or decreased participant activity. In this regard, it is important
to note that the release of any incremental funds will be based, in part, upon the
accrued expenditures of a grant, rather than on one or more sub-agreements.

(3) TEGL 16-03, Change 2 (Paragraphs 7(d) and 7(e)) indicates that a BRAC
action affecting (a) more than one state or (b) more than one local area within a
state requires a multi-state or multi-local area (as appropriate) workforce

development response with NEG funds. To respond to this requirement, the
request should also include—

• How the principles of the Workforce Innovation in Regional Economic
Development (WIRED) initiative recently announced by the U.S. Department
of Labor are reflected in the responses to the regional impacts of BRAC 2005,
as discussed by Secretary Chao in her November 18, 2005, letter to the
Governors of every state.
• Workforce development strategies being undertaken in collaboration with
state and local economic development agencies, to further the growth or
revitalization of an area (see paragraph 6(d), below).
• How the design of services will promote the WIRED principles and economic
development strategies.
• How managers of the workforce system will ensure that workers are
provided a comprehensive set of services through collaborative efforts to
minimize duplication while enhancing the quality of assistance being
provided by partnering entities.
• How it will be assured that workers have access to similar services regardless
of residence.
• How contact points are in place to promote efficiency, ensure the flow of
consistent information, resolve issues before they become problems, etc., by
establishing communication channels between the project operator contact
(including in the case of a regional area that covers more than one workforce
investment board) and the base commander and human resource personnel,
etc.
• How funds will flow and service providers will be informed of expenditure
and enrollment requirements to ensure continued participation, or so that
funds can be transferred from one provider--where the need for resources is
below originally anticipated--to another provider where there is greater need.

- Economic Development. In response to numerous inquiries from states
regarding how NEG funds can be expended for economic development, this
TEGL clarifies that the workforce investment system’s role is to focus on talent
development as a necessary pillar of a region’s economic strategy. An educated
and skilled workforce is among the most critical assets a region can possess in
creating, attracting, and growing jobs and economic prosperity. WIA (including
NEG) funds are not appropriately used for surveying or funding needs for
community infrastructure such as roads, schools, housing, water systems,
community centers, feasibility surveys, etc. However, training for jobs created as
a result of such successful initiatives is not only appropriate but also an essential
component of helping employers get qualified workers and helping workers
become qualified to work when such demand or high growth jobs are created.
DOL promotes talent development in collaboration with economic development.
An ETA advisory related to economic development activities is forthcoming.

e. NEG BRAC Budget and Expenditure Implementation Plan. For each sub-project implementing a BRAC action (local area or regional area, as appropriate),
an implementation plan must be submitted via e-application to the ETA NEG
Grant Officer, as well as an overall plan for the grant. The instructions for the
completion of this form on the NEG e-system are contained in the NEG
Application Procedures, referenced above.

f. NEG Cost Limit for Administration. For awards made pursuant to this notice,

the administrative cost limit will be negotiated for each grant under 20 CFR
671.170(b)(2).

g. Grant Period. All NEG BRAC 2005 Workforce Planning Grants (awarded in PY
2004) were modified to extend the operational period from December 31, 2005, to
June 30, 2006, pursuant to the Grant Officer Notice issued November 10, 2005.
Subsequent modification requests have extended the period of operation beyond
June 30, 2006, depending upon the status of the grants and/or any
implementation plans submitted. However, NEG BRAC planning funds
awarded in June 2005 must be fully expended no later than June 30, 2007. Any
subsequent NEG funds awarded for BRAC 2005 projects, including those in
response to new NEG BRAC applications, will be available for expenditure as
indicated in the grant award letter (or as amended), but no longer than the
program year of obligation, plus two additional program years.

h. Reporting. For funds awarded under modifications to NEG Workforce Planning
Grants, the monthly progress report, discussed in TEGL No. 16-03, Change 2,
will be required until participant enrollments commence and the implementation
phase of the project has been approved. Thereafter, only the quarterly program
and financial reporting requirements for all NEG projects (ETA Forms 9104 and
9099) will be required. These are due 45 days after the end of each quarter for all
NEGs, including BRAC projects. Prior to the enrollment of participants, the
entry for total enrolled will be zero. ETA Form 9104 (NEG quarterly program
report) must be submitted on the NEG e-system.

All participants enrolled in a NEG BRAC 2005 project will be reported in the
Workforce Investment Act Title 1-B Standardized Record Data (WIASRD) and
subsequent reporting systems. If NEG BRAC 2005 participants are co-enrolled in
the Adult or Dislocated Worker formula programs, the appropriate reporting
WIASRD must also be completed. Although co-enrolled individuals may have
completed services under a NEG project, the exit date reported in the WIASRD
occurs when the participant has completed all partner services. Therefore,
accurate entry of NEG project information (including the applicable NEG project

number) in the WIASRD is crucial for determining final outcomes for NEG
BRAC participants.

i. Individual Employment Plan (IEP). IEPs are important documents for both the
participant and the workforce system to plan and record an individual’s
assessment and progress in meeting goals and supporting other recordkeeping
systems, including reporting. Many eligible dislocated workers served through
BRAC NEGs may experience a window of pre-layoff employment (during which
time they are eligible for core, intensive and training services under NEGs) prior
to their actual layoff. In order to provide such individuals with a full array of
early intervention services, they may receive assistance, including through
partner programs, over a longer period of time than is typical for a NEG project.
Therefore, it is important that each participant’s IEP be developed to reflect
longer term services and to identify how the services will be phased to
accommodate continued employment and a smooth transition to post-BRAC
employment. This should help ensure that individuals will not encounter an
automatic exit because there were not planned services for 90 days and avoid the
necessity to re-enroll an individual in order to continue and complete services
prior to re-employment, as discussed in TEGL No. 17-05.

7. Action Required. Please distribute this information to all appropriate state and
local officials, including local workforce investment board chairs, administrative
entities, chief elected officials and One-Stop Career Centers.

8. Inquiries. All inquiries should be addressed to the appropriate Regional
Administrator.

Attachment: Participant Eligibility Requirements
TEGL No. 16-03, Change 4

BRAC National Emergency Grants (NEGs)
Eligible BRAC-Related Actions

Participant Eligibility Requirements

1. Following are four categories of individuals who may receive employment and
training assistance to find or qualify for new jobs with NEG funds, and other WIA
resources, as part of the national workforce development response to BRAC 2005.

a. DoD Civilian Employees and Members of the Armed Forces. This category
relates primarily to employees of DoD and members of the Armed Forces,
although it is expected that most individuals requiring WIA assistance will be
civilian employees. As indicated in paragraph 4 of this TEGL, DoD has resources
and transition programs in place to assist many of the civilian and military
individuals being directly impacted by BRAC.

b. Contractors of DoD and/or the military installation. Generally, DoD transition
assistance does not extend to its contractors; therefore, it is likely that any
employment-related assistance needed will be accessed through One-Stop Career
Centers, including those affiliated transition centers located on-site with the base
transition centers. WIA sections 173(c)(2)(A)(iii)¹ and 173(c)(2)(B) authorize
retraining assistance for employees of certain defense contractors to upgrade
their skills to support conversion activities of their employer. This group will be
identified by DoD and provided to the workforce investment system. When this
target group is included in a NEG modification or application, there will be
verification with DoD to ensure they qualify for contractor conversion activities.
At this point, it is not clear how many contractors, if any, will be involved in the
type of product diversification/ conversion activities authorized, while
maintaining their defense-related capability. As more information becomes
available, it will be provided through a TEGL update.

¹ WIA section 173(c)(2)(A)(iii) and (B) provide that “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 non-defense applications in order to prevent worker layoffs, . . . shall be eligible for retraining assistance to upgrade skills by obtaining marketable skills

needed to support the conversion [activities].”

Additionally, any employees of DoD contractors that close or downsize as a result of
BRAC 2005 may be eligible for re-employment assistance through WIA formula

dislocated worker funds or NEG funds if they meet the criteria established in WIA
section 101(9).²

c. Military spouses and family members being transferred into or out of an
installation as a result of BRAC may require assistance beyond that available
through the DoD Family Assistance Centers. As discussed in paragraph 4 of this
TEGL, the services provided must be coordinated with DoD. In order to receive
assistance under a NEG, such individuals must qualify as dislocated workers
under WIA section 101(9) or (10).³ TEGL No. 16-03, paragraph 4(o), page 11,
discusses services for military spouses with NEG funds, and provides that an
individual who was required to quit a job to accompany a spouse to another
location may receive NEG assistance. This applies to services provided under a
NEG, even if there is a local eligibility policy that precludes assistance to

individuals whose termination from a job is based upon a decision by the worker
to resign.

d. Others, directly or indirectly affected by BRAC 2005. For those individuals
indirectly impacted by BRAC (i.e., those who are not employees of DoD,
members of the armed forces or contractors of DoD), WIA formula funds and
NEG dislocated worker resources will be a primary source of assistance since
such individuals are not eligible for DoD transition assistance. This group may
include individuals needing to be trained to meet growth and hiring needs of the
military installation or of businesses in the community in order to accommodate

economic development, as well as others whose jobs are being lost as a result of a
closure under BRAC.

² WIA section 101(9)(A) also defines an eligible “dislocated worker” to include an individual who: (A)
has been terminated or laid off, or who has received a notice of layoff or termination; and (B) is eligible
for or has exhausted entitlement to unemployment compensation, or has been employed for a duration
sufficient to demonstrate attachment to the workforce but is not eligible for unemployment
compensation, and (C) is unlikely to return to a previous industry or occupation. N.B. A state or local
policy may define “unlikely to return” to include those who require skill enhancements due to obsolete
skills in order to qualify for 21st century employment, even in the same occupation or industry. See
additional definitions of dislocated workers for individuals affected by mass layoffs and closures,
including realignments and closures as a result of BRAC in Footnote 4.

³ A displaced homemaker qualifies as a “dislocated worker” and is defined under WIA section 101(10) as
an individual who has been providing unpaid services to family members in the home and who has been
dependent on the income of another family member but is no longer supported by that income, and is

under-employed or unemployed and is experiencing difficulty in obtaining or upgrading employment.

2. Eligibility Criteria. Generally, WIA section 101(9)(B)⁴ contains the statutory
requirements for the determination of eligibility for individuals affected by mass
layoffs and closures, including those affected by BRAC. However, WIA section
173(c)(2)⁵ provides additional eligibility criteria for certain individuals covered
under a BRAC action. Additionally,
• The DoD definitions for installation, closure and realignment can be found at
http://www.defenselink.mil/brac/definitions_brac2005.html.
• For NEG BRAC projects, “gains” at military installations or in communities for
NEG projects as a result of BRAC 2005 should be classified under “realignments”
which include relocations, and which may result in gains at some installations or
in commuting areas where the military installation growth occurs. More detailed

information is contained in the attached eligibility matrix, and as discussed
below.
• For the receipt of intensive and training services under WIA, “dislocated
workers” as defined in WIA section 101(9) or 173(c), are not considered
“employed” if they have not yet been laid off but have received a notice of layoff
or are working at a facility where a closure or mass layoff has been announced,
or at a BRAC impacted- facility scheduled to undergo a closure or realignment.

3. Eligibility Matrix. The attached matrix is a tool that may be utilized to assist
workforce investment professionals to identify categories of individuals within these
groups and the types of WIA services that may be available to individuals in an
seamlessly integrated, customer-friendly One-Stop Career Center system. This chart
does not attempt to delineate all of the services available through DoD; however,
that information is contained in a booklet that can be downloaded from the DoD
Web site at http://www.cpms.osd.mil/bractransition/, and should be available to
staff and individuals visiting One-Stop Career Centers and affiliates.

⁴ WIA section 101(9)(B) also defines “dislocated worker” to include an individual who “(B)(i) has been
terminated or laid off, or has received a notice of termination or layoff from employment as a result of
any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise; or (ii) is employed at
a facility at which the employer has made a general announcement that such facility will close within 180
days; or (iii) for purposes of eligibility to receive services other than training services. . . intensive services. . . or supportive services, is employed at a facility at which the employer has made a general
announcement that such facility will close.” An exception to the 180 day rule applies for certain
individuals affected by BRAC and is discussed in WIA section 173(c)(2)(A)(ii).

⁵ Included among workers affected by closures and realignments of military installations are civilian
employees of “[DoD] 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.” (WIA section 173(c)(2)(A)(ii))

4. Eligibility Documentation. Normal WIA documentation procedures apply for
NEG BRAC grants. However, local workforce investment boards are encouraged to
approve policies that streamline the processes so that applications for services and
documentation from the employer(s) and workers can be shared to avoid the
provision of duplicate sets of information to various entities, e.g., project operators,
One-Stop Career Centers, service providers, etc. In some instances, data from the

military installations may be able to streamline the process as developed with the
affected installation.

Individual layoff notices. For individuals working at locations that will not close,
but a mass layoff will occur over a period of time, Notices of Expected Termination,
as discussed in TEGL No. 10-91, are allowable documentation of eligibility and are a
useful strategy for early intervention to limit the period of post-layoff time required
to transition from employment to re-employment. However, in order for such a
notice to be issued by a federal agency for federal civilian personnel, it must be
cleared by the Office of Personnel Management (OPM). Such a review is currently
being undertaken between OPM and DoD to ensure that federal employees at
military facilities are authorized to use such a notification under BRAC 2005. The

local military commander is responsible for determining, as authorized by DoD and
OPM, when and whether such notices will be issued.

It is ETA policy that dislocated workers who are appropriately determined eligible
under (1) an individual layoff notice (WIA section 101(9)(A), i.e., individuals not
affected by a closure or mass layoff), (2) WIA section 101(9)(B), i.e., individuals
affected by a closure or substantial layoff), or (3) WIA section 173(c)(2)(ii) for DoD

civilian employees affected by BRAC), do not lose that eligibility if their situation
changes. Specifically--

The determination of eligibility for any of the services and activities of the dislocated
worker program is based upon the best information available at the time of application
when eligibility is determined. If the circumstances change upon which the eligibility
and service decision(s) were based, a re-evaluation of the continued need for the
services/activities is appropriate, as part of the individual reemployment plan. During
any re-evaluation, it is expected that consideration would be given to such factors as (1)
the exact nature of the employer action (e.g., postponement or reversal of closure or
layoff); (2) where the participant is in the system (e.g., whether the participant is enrolled
and participating in a training activity), and (3) the impact of an exit on the individual
(e.g., will the tuition already paid be lost or withdrawal from the classes result in lack of
credit for those already completed, etc.). However, expenditures for services/activities for -
a participant who was correctly determined to be eligible but whose circumstances
change, are not, in and of themselves, disallowed costs. Services provided are expected to

result in the enhancement of any individual's future employability and competitiveness
in the workforce.

If a participant is recalled to the layoff employer, an evaluation will need to be made
regarding whether the recall is temporary (e.g., for reclamation work at a coal mine
or to do a short term assignment) or whether it is permanent. If the recall is
permanent, the participant generally would not be expected to need continuing

assistance; however, it would not preclude the completion of a training program for
which funds had already been expended.

If a participant accepts interim or temporary employment for the purpose of income
maintenance, it does not affect WIA dislocated worker program participant
eligibility status (prior to or subsequent to enrollment), and in some instances may
provide training-related experience as well as necessary financial support to enable
the individual to complete services (in lieu of needs-related payments or other
income support), and typically would be recorded as part of the individual plan.

BRAC and BRAC-related ELIGIBLE INDIVIDUALS*

*Veterans priority applies to all WIA programs.