WIOA transition funding from the 2014 Dislocated Worker reserve
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Letter
Official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2015/TEGL_34-14_Acc.pdf
CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION WIOA
ADVISORY SYSTEM
CORRESPONDENCE SYMBOL
U.S. DEPARTMENT OF LABOR
OWI
Washington, D.C. 20210
DATE
May 11, 2015
ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER WIOA NO. 34-14
OPERATING GUIDANCE for the WORKFORCE INNOVATION AND
OPPORTUNITY ACT (referred to as WIOA or the Opportunity Act)
TO: STATE AND LOCAL STAKEHOLDERS IN THE WORKFORCE
INNOVATION AND OPPORTUNITY ACT
STATE WORKFORCE AGENCIES
ALL STATE WORKFORCE ADMINISTRATORS
ALL STATE WORKFORCE LIAISONS
ALL WORKFORCE INVESTMENT ACT (WIA) SECTION 166 INDIAN
AND NATIVE AMERICAN PROGRAM GRANTEES
FROM: PORTIA WU /s/
Assistant Secretary
SUBJECT: Workforce Innovation and Opportunity Act Transition Authority Allotment
of Program Year (PY) 2014 Dislocated Worker National Reserve Funds for
WIOA Implementation Activities
1. Purpose. The purpose of this Training and Employment Guidance letter (TEGL) is to allot PY
2014 Dislocated Worker National Reserve funds to states, Outlying Areas, and WIA Section 166
Indian and Native American grantees specifically for WIOA implementation activities including
training of front-line staff, convening boards and supporting planning, transitioning to serving
out-of-school youth, and assessing and improving state information technology (IT) systems.
WIOA was signed into law on July 22, 2014. WIOA is designed to help job seekers access
employment, education, training, and support services to succeed in the labor market and to
match employers with the skilled workers they need to compete in the global economy.
WIOA supersedes titles I and II of the Workforce Investment Act of 1998, and amends the
Wagner-Peyser Act and the Rehabilitation Act of 1973. In general, the Act takes effect on
July 1, 2015, the first full program year after enactment, unless otherwise noted.
The Departments of Labor and Education are working to publish a set of regulations
implementing WIOA. On April 9th, the Federal Register posted five Notices of Proposed
Rulemaking (NPRMs) implementing the Opportunity Act on its Web site for public
inspection, https://www.federalregister.gov/public-inspection, which offers a preview of
documents scheduled to publish soon in the Federal Register. The NPRMs were formally
RESCISSIONS EXPIRATION DATE
None June 30, 2018
published in the Federal Register on April 16th. Comments should be submitted in
accordance with the process outlined in the NPRMs, including by visiting
http://www.regulations.gov. The comment period will be open for 60 days, and will close on
June 15, 2015.
In order to continue implementation prior to the final rule, a series of WIOA Operating
Guidance documents that provide the needed implementation information will be issued in
the form of Training and Employment Guidance Letters (TEGLs). These Operating Guidance
documents on WIOA will inform the workforce system how to begin the important planning
and reorganization necessary to comply with new WIOA statutory requirements for the
upcoming Program Year (PY) 2015 (beginning July 1, 2015). The Operating Guidance TEGLs
will provide a framework for program activities until the regulations are finalized. This
TEGL is one in the ongoing series of Guidance.
2. References. See Attachment I.
3. Background. The Department recognizes that there are significant costs associated with
successful implementation of WIOA. As state and local Workforce Boards operationalize the
Act, strong partnership and collaboration among those Boards and program partners are critical
to maximize impact and effectively manage resources. States and Local Areas must be strategic
in aligning and investing a variety of resources. We encourage each state to identify and assess
all available resources and target them where they will most impact success.
As discussed in TEGL No. 12-14, WIOA authorizes states to use up to two percent of PY 2014
formula resources to conduct activities for implementation of WIOA (WIOA Section 503(g)(2)).
This two percent limit likely represents less funding than most states will need to conduct
critical implementation activities. While this two percent limit does not apply to WIA Section
166 Indian and Native American Program grantees, the costs spent on transition activities for
these grantees must be reasonable, allowable, and allocable to authorized program activities.
The Department has considered several alternatives for making additional resources available to
states for WIOA implementation activities with the goal of increasing the resources available to
states for WIOA implementation activities while minimizing potential negative impacts on
service delivery.
WIOA Section 503 (a)-(b) provides the Secretary of Labor with the authority to take such actions
as the Secretary determines to be appropriate to provide for the orderly transition from the
Workforce Investment Act of 1998 to any provision of WIOA Title I. Similarly, WIOA Section
503(d) allows the Secretary to take appropriate actions to transition to the Wagner-Peyser Act, as
amended by WIOA. In TEGL No. 26-14, the Department applied this transition authority to
provide flexibility in the use of Rapid Response funds for WIOA transitional activities.
The Secretary of Labor is using this transition authority to allot certain PY 2014 Dislocated
Worker National Reserve funds to states to support WIOA implementation activities, including
training of front-line staff, convening boards and supporting planning, transitioning to serving
out-of-school youth, and assessing and improving state IT systems. Under WIA 132(a)(2)(A) and
WIOA 132(a)(2)(A) (related to the Dislocated Worker National Reserve) and WIA 170(b)(1) and
WIOA 168(b)(1) (related to dislocated worker technical assistance), the Secretary may reserve up
to five percent of Dislocated Worker National Reserve funds for technical assistance to states in
delivering Dislocated Worker program services. However, Consolidated and Further Continuing
Appropriations Act 2015 (Public Law 113-235) provides authority to reserve up to 10 percent of
the PY 2014 Dislocated Worker National Reserve funds for technical assistance and WIOA
transition activities. Of the PY 2014 Dislocated Worker National Reserve funds, ETA is
making up to $11.5 million available by formula to states and WIA Section 166 Indian and
Native American Program grantees. ETA does not plan to make a second distribution in PY
2015.
4. Allowable Activities. These transition funds must be used for the following priority WIOA-
implementation activities. Although these funds are from the Dislocated Worker National
Reserve, states may use the funds for any of the WIOA transition activities described below to
serve all workers:
a. Training front-line staff, particularly on career counseling and methods to implement
a customer-centered service delivery design in American Job Centers.
b. Convening boards and supporting planning, which may include:
i. Conducting strategic planning efforts, including convening relevant program
and stakeholders for discussions and meetings;
ii. Addressing costs associated with the renegotiating of One-Stop MOUs and
resource sharing agreements; and
iii. Planning with regard to co-location with Wagner-Peyser (which may include
costs for terminating leases or expanding space). These funds may not be
used for capital improvements.
c. Transitioning to expending 75% of Youth funds on services for out-of-school youth,
including increasing supportive services for out-of-school youth, and expending at
least 20% of local Youth funds on work experience.
d. Assessing or improving state Information Technology systems, which may include:
i. Upgrading and revising state management information systems to include:
collection of new data elements specified in WIOA; building integrated or
bridged systems to facilitate WIOA implementation; updating data
infrastructure to provide integration with financial and accounting systems;
and creating common methods and forms to create an integrated intake
mechanism for WIOA core programs (i.e. Adults, Dislocated Workers,
Youth, Wagner-Peyser, Adult and Family Literacy Act, and Rehabilitation
Act of 1973).
ii. Supporting the building of state-based wage matching infrastructure to enable
and/or streamline WIOA performance reporting, including Eligible Training
Provider performance reporting.
iii. Preparing a methodology to collect Eligible Training Provider (ETP) data and
create mandated ETP reports
iv. Assessing and reengineering of case management systems, to include
common intake/registration; and
v. Assessing management information systems, including ability to integrate
performance accountability information and fiscal systems across core and
other programs. Although specific data elements may not be completely
known, states could begin a procurement process for information technology
enhancements including procurement of necessary software and/or hardware.
5. Allotment Formula: In order to guarantee that each state has a minimum level of funding for
WIOA transition activities, the Department is using a formula for allotting these funds.
a. $1 million of $11.5 million PY 2014 Dislocated Worker National Reserve funds is set
aside for WIA Section 166 Indian and Native American Program grantees, distributed by
each grantee’s relative share of their PY 2015 grant amounts.
b. The remaining $10.5 million is distributed to the states and Outlying Areas using the
following method.
(i) Each state will receive a base allotment of $100,000 and each outlying area will
receive a base allotment of $25,000.
(ii) The remaining funds will be distributed based on each state or outlying area’s
relative share of the number of unemployed individuals in the state or outlying area
compared to the total unemployed individuals in all states and outlying areas.
c. The relative share calculations are based on the following unemployment data.
(i) The data used for each state is the 12 month average number of unemployed
individuals in FY 2014.
(ii) The data used for each outlying area is the 2010 Census data except for Palau
which used 2005 Census data.
6. Action Requested. To achieve greater efficiency and as part of ETA’s ongoing effort to
streamline the mandatory grant award process, all states, Outlying Areas, and WIA Section 166
Indian and Native American grantees are required to submit an electronically signed copy of an
SF-424, Application for Federal Assistance, and a SF-424A, grant budget, through Grants.gov
(OMB 4040-0004). Any state that does not wish to receive these funds must notify its Federal
Project Officer by May 20, 2015.
An electronically submitted SF-424 and SF-424A through Grants.gov constitutes an official
signed document and must reflect the amount allotted. The closing date for receipt of the SF-424
and SF-424A is May 20, 2015. The ETA will award the Dislocated Worker National Reserve
funds in June 2015.
The SF-424 must reflect the exact amount of the designated state allotment in item #18,
Estimated Funding. Item #11 must include the Catalog of Federal Domestic Assistance Number
for the applicable Funding Opportunity, 17.281.
To submit the required SF-424s, states must follow the “Apply for Grants” link on Grants.gov,
and download the links for the grant application package. States should not follow the “Find
Grants” link, as these are formula grants, not competitive funding opportunities.
7. Reporting. To ensure that ETA is able to assess the use of these funds, the collection of
accurate, quality data is a critical component of financial accountability. To satisfy statutory and
regulatory recordkeeping and reporting requirements, on a quarterly basis, states must submit the
ETA 9130, U.S. DOL ETA Quarterly Financial Status Report (OMB 1205-0461). Federal Project
Officers will review financial status reports and program activities as part of their regular
monitoring activities.
8. Paperwork Reduction Act (PRA) Statement. According to PRA, no persons are required to
respond to a collection of information unless such collection displays a valid OMB Control
Number. The Department notes that a Federal agency may not conduct or sponsor a collection of
information, nor is the public required to respond to a collection of information, unless the Office
of Management and Budget (OMB) under the PRA approves it and it displays a currently valid
OMB control number (44 U.S.C. 3507). Also, notwithstanding any other provisions of law, no
person shall be subject to penalty for failing to comply with a collection of information if the
collection of information does not display a currently valid OMB Control Number (44 U.S.C.
3512). The currently valid OMB Control Number for this collection is OMB 1205-0461 for the
ETA 9130 and OMB 4040-0004 for the SF-424 and SF-424A.
9. Inquiries. Please direct any questions about WIOA implementation and these funds to the
appropriate ETA Federal Project Officer in the National or Regional Office, as appropriate.
10. Attachments.
I. References
II. Allotments for WIA Section 166 Indian and Native American Program Grantees
III. Allotments for States
Attachment I
Official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2015/TEGL_34-14_Attachment_I.pdf
Attachment I
WIOA Operating Guidance TEGL References
• WIOA (Pub. L. 113-128) Title I
• TEGL No. 19-14, Vision for the Workforce System and Initial Implementation of the
Workforce Innovation and Opportunity Act of 2014
• WIA (Pub. L. 105-220), Title I
• WIOA statutorily-required implementation dates, at http://www.doleta.gov/wioa/pdf/WIOA-
Key-Implementation-Dates.pdf
• TEGL No. 12-14, Allowable Uses and Funding Limits of Workforce Investment Act (WIA)
Program Year (PY) 2014 funds for Workforce Innovation and Opportunity Act (WIOA)
Transitional Activities
• TEGL No. 23-14, Workforce Innovation and Opportunity Act (WIOA) Youth Program
Transition
• TEGL No. 26-14, Workforce Innovation and Opportunity Act Transition Authority for
Flexible Use of Rapid Response Funds
• TEGL No. 27-14, Workforce Innovation and Opportunity Act Transition Authority for
Immediate Implementation of Governance Provisions
• Consolidated Appropriations Act, 2014 (Pub. L. 113-76)
• Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235)
Attachment II
Official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2015/TEGL_34-14_Attachment_II.pdf
Attachment II
U. S. Department of Labor
Employment and Training Administration
WIA Title I Sec. 166 Comprehensive Services for Native Americans
PY 2014 DW TAT Funds for WIOA Implementation
Grantee CID Grant Type Seq# State Grantee Total
Grantee Total $1,000,000
12 1 2 AK Kenaitze Indian Tribe 992
1 2 1 AL Inter-Tribal Council of Alabama 6,604
2 3 1 AL Poarch Band of Creek Indians 2,117
34 4 5 AR American Indian Center of Arkansas, Inc. 7,306
19 5 4 AZ American Indian Association of Tucson 7,752
20 6 4 AZ Colorado River Indian Tribes 1,419
21 7 4 AZ Gila River Indian Community 11,701
23 8 4 AZ Hopi Tribal Council 4,983
22 9 4 AZ Hualapai Tribe 747
24 10 4 AZ Inter Tribal Council of Arizona, Inc. 1,828
25 11 4 AZ Native Americans for Community Action 4,531
26 12 4 AZ Navajo Nation 139,751
27 13 4 AZ Pasqua Yaqui Tribe 2,304
28 14 4 AZ Phoenix Indian Center, Inc. 28,176
29 15 4 AZ Quechan Indian Tribe 770
30 16 4 AZ Salt River Pima-Maricopa Indian Council 1,941
31 17 4 AZ San Carlos Apache Tribe 8,837
33 18 4 AZ White Mountain Apache Tribe 10,409
35 19 6 CA California Indian Manpower Consortium, Inc. 76,378
36 20 6 CA Candelaria American Indian Council 7,354
202 21 6 CA Southern California American Indian Resource Center, INC 7,708
38 22 6 CA Northern CA Indian Development Council, Inc. 6,863
39 23 6 CA Southern CA Indian Center, Inc. 37,659
40 24 6 CA Tule River Tribal Council 2,810
41 25 6 CA United Indian Nations, Inc. 10,115
42 26 6 CA Ya-Ka-Ama Indian Education & Development 1,435
43 27 8 CO Denver Indian Center 14,249
44 28 8 CO Southern Ute Indian Tribe 859
45 29 8 CO Ute Mountain Ute Indian Tribe 1,979
47 30 12 FL Florida Governor's Council on Indian Affairs 26,181
48 31 12 FL Miccosukee Corporation 2,726
50 32 15 HI Alu Like, Inc. 30,176
4 33 18 IN American Indian Center of Indiana, Inc. 5,391
54 34 20 KS United Tribes of Kansas and S.E. Nebraska 4,573
55 35 22 LA Inter-Tribal Council of Louisiana, Inc. 11,088
58 36 25 MA Mashpee-Wampahoag Indian Tribal Council, Inc. 1,322
59 37 25 MA North American Indian Center of Boston, Inc. 4,787
56 38 23 ME Penobscot Nation 4,297
61 39 26 MI Inter-Tribal Council of Michigan, Inc. 2,120
62 40 26 MI MI Indian Employment and Training Services, I 6,811
179 41 26 MI North American Indian Association of Detroit 3,138
63 42 26 MI Potawatomi Indian Nation 1,367
64 43 26 MI Sault Ste. Marie Tribe of Chippewa Indians 3,761
65 44 26 MI Southeastern Michigan Indians. Inc. 1,679
201 45 26 MI Little Traverse Bay Band of Odawa 3,130
66 46 27 MN American Indian OIC 5,865
67 47 27 MN Bois Forte R.B.C. 448
68 48 27 MN Fond Du Lac R.B.C. 4,375
71 49 27 MN Minneapolis American Indian Center 7,785
69 50 27 MN Leech Lake R.B.C. 3,374
75 51 29 MO American Indian Council 16,260
74 52 28 MS Mississippi Band of Choctaw Indians 6,614
78 53 30 MT B.C. of the Chippewa Cree Tribe 3,110
80 54 30 MT Crow Indian Tribe 3,626
82 55 30 MT Montana United Indian Association 7,559
83 56 30 MT Northern Cheyenne Tribe 4,713
110 57 37 NC Cumberland County Association for Indian People 1,433
111 58 37 NC Eastern Band of Cherokee Indians 2,567
112 59 37 NC Guilford Native American Association 1,727
113 60 37 NC Haliwa-Saponi Tribe, Inc. 1,345
114 61 37 NC Lumbee Regional Development Association 26,276
116 63 37 NC North Carolina Commission of Indian Affairs 6,554
121 64 38 ND Turtle Mountain Band of Chippewa Indians 6,784
119 65 38 ND United Tribes Technical College 5,310
84 66 31 NE Indian Center, Inc. 6,234
85 67 31 NE Omaha Tribe of Nebraska 1,746
91 68 35 NM Alamo Navajo School Board 1,964
93 69 35 NM Eight Northern Indian Pueblo Council 902
94 70 35 NM Five Sandoval Indian Pueblos, Inc. 3,376
95 71 35 NM Jicarilla Apache Tribe 1,361
96 72 35 NM Mescalero Apache Tribe 1,932
97 73 35 NM National Indian Youth Council 35,273
98 74 35 NM Pueblo of Acoma 3,001
92 75 35 NM Pueblo of Isleta 879
102 76 35 NM Ramah Navajo School Board, Inc. 1,985
103 77 35 NM Santa Clara Indian Pueblo 715
104 78 35 NM Santo Domingo Tribe 2,207
87 79 32 NV Inter-Tribal Council of Nevada 6,237
88 80 32 NV Las Vegas Indian Center, Inc. 4,210
107 82 36 NY Native Am. Comm. Services of Erie & Niagara Co 3,509
106 83 36 NY Native American Cultural Center, Inc. 4,580
108 84 36 NY St. Regis Mohawk Tribe 3,065
122 85 39 OH North America Indian Cultural Centers 11,636
123 86 40 OK Absentee Shawnee Tribe of Oklahoma 516
126 87 40 OK Cheyenne-Arapaho Tribes 3,580
130 88 40 OK Comanche Tribe of Oklahoma 3,496
133 89 40 OK Four Tribes Consortium of Oklahoma 2,207
134 90 40 OK Inter-Tribal Council of N.E. Oklahoma 1,695
135 91 40 OK Kiowa Tribe of Oklahoma 2,907
137 92 40 OK OTOE-Missouria Tribe of Oklahoma 749
139 93 40 OK Ponca Tribe of Oklahoma 1,870
140 94 40 OK Seminole Nation of Oklahoma 2,281
181 95 40 OK Tonkawa Tribe of Oklahoma 1,427
141 96 40 OK United Urban Indian Council, Inc. 8,327
182 97 40 OK Wyandotte Tribe of Oklahoma 2,491
144 98 41 OR Confederated Tribes of Warm Springs 2,930
145 99 41 OR Organization of Forgotten Americans 6,786
146 100 42 PA Council of Three Rivers 21,413
147 101 44 RI Rhode Island Indian Council 39,851
148 102 45 SC South Carolina Indian Development Council, Inc. 5,623
150 103 46 SD Lower Brule Sioux Tribe 1,292
151 104 46 SD Oglala Sioux Tribe 15,222
154 105 46 SD United Sioux Tribe Development Corp. 12,977
180 106 46 SD Yankton Sioux Tribe 2,483
200 107 47 TN Native American Indian Association, Inc. 5,313
155 108 48 TX Alabama-Coushatta Indian Tribal Council 20,177
156 109 48 TX Dallas Inter-Tribal Center 8,901
157 110 48 TX Ysleta del Sur Pueblo 14,939
158 111 49 UT Indian Training & Education Center 8,183
159 112 49 UT Ute Indian Tribe 2,721
161 113 51 VA Mattaponi Pamunkey Monacan Consortium 5,781
160 114 50 VT Abenaki Self-Help Association/ NH Ind. Counc. 1,861
162 115 53 WA American Indian Community Center 9,280
199 117 53 WA United Indians for All Tribes Foundation 6,570
169 118 53 WA Western WA Indian Empl. and Trng Pgm. 17,520
184 119 53 WA Confederated Tribes & Bands of the Yakama Nation 4,649
164 120 53 WA Limmi Indian Business Coucil 2,570
171 121 55 WI Lac Courte Oreilles Tribal Governing Board 1,961
172 122 55 WI Lac Du Flambeau Band of Lake Superior Chippewa 971
175 123 55 WI Oneida Tribe of Indians of WI, Inc. 3,788
174 124 55 WI Spotted Eagle, Inc. 5,005
177 125 55 WI Wisconsin Indian Consortium 1,964
185 126 56 WY Northern Arapaho Business Council 5,062
Attachment III
Official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2015/TEGL_34-14_Attachment_III.pdf
Attachment III
U. S. Department of Labor
Employment and Training Administration
PY 2014 DW TAT Funds for WIOA Implementation
State
Total $10,500,000
Alabama 170,885
Alaska 112,075
Arizona 210,263
Arkansas 145,015
California 837,591
Colorado 180,553
Connecticut 165,245
Delaware 113,974
Dist of Columbia 114,336
Florida 404,145
Georgia 280,224
Hawaii 114,852
Idaho 119,926
Illinois 358,710
Indiana 199,270
Iowa 137,728
Kansas 136,684
Kentucky 178,001
Louisiana 156,291
Maine 121,205
Maryland 193,832
Massachusetts 211,216
Michigan 284,032
Minnesota 169,064
Mississippi 149,740
Missouri 197,939
Montana 112,930
Nebraska 118,773
Nevada 156,846
New Hampshire 117,393
New Jersey 258,025
New Mexico 131,357
New York 425,291
North Carolina 257,384
North Dakota 105,543
Ohio 279,300
Oklahoma 144,938
Oregon 168,417
Pennsylvania 297,203
Puerto Rico 184,009
Rhode Island 123,619
South Carolina 167,141
South Dakota 108,269
Tennessee 209,294
Texas 458,940
Utah 127,726
Vermont 106,908
Virginia 213,020
Washington 207,986
West Virginia 125,143
Wisconsin 192,135
Wyoming 106,711
State Total 10,367,097
American Samoa 25,850
Guam 27,887
Northern Marianas 26,577
Palau 25,215
Virgin Islands 27,374
Outlying Areas Total 132,903
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