Longer performance period for later equity grant awards

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                   Unemployment Insurance
               ADVISORY SYSTEM                              CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR
                                                            OUI/DPM
             Washington, D.C. 20210                         DATE
                                                            December 21, 2022

ADVISORY:       UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 23-21,
                Change 4

TO:             STATE WORKFORCE AGENCIES

FROM:           BRENT PARTON
                Acting Assistant Secretary

SUBJECT:        Updated Guidance for Awards related to Grant Opportunity Announced in
                Unemployment Insurance Program Letter (UIPL) No. 23-21.

1. Purpose. To provide updated guidance on the period of performance for grants that promote
   equitable access to unemployment compensation (UC) programs.

2. Action Requested. The U.S. Department of Labor’s (Department) Employment and Training
   Administration (ETA) requests that State Workforce Agency Administrators provide
   information contained in this UIPL to appropriate staff.

3. Summary and Background.

       a. Summary – On August 17, 2021, the Department issued UIPL No. 23-21 advising
          states of the availability of funding for activities that promote equitable access to UC
          programs. In that UIPL, states were advised that grant applications should be
          submitted no later than October 18, 2021. The Department determined that states
          needed additional time to submit such applications, and extended the deadline to
          November 30, 2021, in UIPL No. 23-21, Change 1, issued on November 1, 2021. In
          response to state requests for more time, the Department further extended the
          deadline for submitting these grant applications to December 31, 2021 in UIPL No.
          23-21, Change 2, issued on December 20, 2021. On April 4, 2022, the Department
          issued UIPL No. 23-21, Change 3. In that UIPL, the Department determined that
          states may need additional time to perform their projects and activities and,
          therefore, announced an extension of the period of performance for awards from
          September 30, 2023 to March 31, 2024.

          As of November 10, 2022, the Department has announced the award of more than
          $157 million to 31 states and the District of Columbia. The Department is
          providing feedback and technical assistance to the remaining state applicants that
          have submitted an application no later than the deadline of December 31, 2021 to
          help them not only meet the requirements for approval described in the funding
          opportunity announcement, but also to help ensure their proposed projects and
          activities are likely to have successful outcomes and potentially become best

RESCISSIONS                                               EXPIRATION DATE
None                                                      Continuing

           practices. As a result of the time this process requires as well as the competing
           priorities state workforce agencies are facing, the remaining state applicants have
           requested additional time to revise their applications. For this reason, the
           Department is changing the end date for the period of performance to the end of the
           27-month-period that begins on the date of new grant awards.

       b. Background – On March 11, 2021, the President signed the American Rescue Plan
          Act of 2021 (ARPA) into law (Public Law (Pub. L.) 117-2). Section 9032, ARPA,
          creates a new Section 2118 of the Coronavirus Aid, Relief, and Economic Security
          (CARES) Act (Pub. L. 116-136) and provides a $2,000,000,000 appropriation to the
          Secretary of Labor to detect and prevent fraud, to promote equitable access, and to
          ensure timely payment of benefits to eligible workers with respect to UC programs.
          In support of ARPA’s goals, the Department issued UIPL No. 23-21, announcing a
          grant opportunity for activities that promote equitable access to UC programs.
          Section 6.b. noted that UI equity grant funds must be obligated by states by
          September 30, 2023, and liquidated within 90 days thereafter. On April 4, 2022, the
          Department issued UIPL No. 23-21, Change 3. In that UIPL, the Department
          responded to state requests for additional time and extended the period of
          performance for awards from September 30, 2023 to March 31, 2024.

4. Guidance. Section 6.a. of UIPL No. 23-21 sets out the required actions that states must
   complete in applying for a grant under this offering. Since multiple state applicants have needed
   additional time to revise their applications, the period of performance for grant awards made on
   or after the date of this UIPL will be the end of the 27-month-period that begins on the date of
   the award. This approach is being used to ensure that states that are yet to be awarded will
   receive the same length of the period of performance for their UI equity grants as states that
   have already received awards. For states with UI equity grant applications that are still under
   development, ETA provides updated guidance on completing the SF-424 as set out in
   Attachment I of this UIPL (which replaces Attachment III in UIPL No. 23-21). These updated
   instructions include an amendment to the end date for the period of performance of the grant
   awards to be the end of the 27-month-period from the start date of the award. The instructions
   for the states to submit the SF-424a (OMB No. 4040-0006) when applying for grant awards is
   found at https://apply07.grants.gov/apply/forms/instructions/SF424A-V1.0-Instructions.pdf.

   The period of performance set in this guidance applies to those state applicants that had
   not been approved on or before the date of issuance of this UIPL. Other than these
   changes, and the changes announced in UIPL Nos. 23-21, Change 1, Change 2, and
   Change 3, all other guidance and information in UIPL No. 23-21 remain the same.

5. Inquiries. Please direct inquiries to the appropriate ETA Regional Office.

6. References.
   •   American Rescue Plan Act, Pub L. 117-2, enacted March 11, 2021;
   •   Coronavirus Aid, Relief, and Economic Security (CARES) Act, Pub. L. 116-136, enacted
       March 23, 2020;
   •   UIPL No. 23-21, Grant Opportunity for Promoting Equitable Access to Unemployment

       Compensation (UC) Programs, issued August 17, 2021,
       https://www.dol.gov/agencies/eta/advisories/unemployment-insurance-program-letter-
       no-23-21;
   •   UIPL No. 23-21, Change 1, Extension of Time to Submit Request for Funding under
       Grant Opportunity Announced in Unemployment Insurance Program Letter (UIPL) No.
       23-21, issued November 1, 2021,
       https://www.dol.gov/agencies/eta/advisories/unemployment-insurance-program-letter-no-
       23-21-change-1;
   •   UIPL No. 23-21, Change 2, Further Extension of Time to Submit Request for Funding
       under Grant Opportunity Announced in Unemployment Insurance Program Letter
       (UIPL) No. 23-21, issued December 20, 2021,
       https://www.dol.gov/agencies/eta/advisories/unemployment-insurance-program-
       letter-no-23-21-change-2; and
   •   UIPL No. 23-21, Change 3, Extension of Period of Performance for Awards related
       to Grant Opportunity Announced in Unemployment Insurance Program Letter
       (UIPL) No. 23-21, issued April 4, 2022,
       https://www.dol.gov/agencies/eta/advisories/unemployment-insurance-program-
       letter-no-23-21-change-3.

7. Attachment(s).

   •   Attachment I: Updated Instructions for Completing the SF-424.





                                                    Attachment I to UIPL No. 23-21, Change 4

                    Instructions for Completing the SF-424 and SF-424A

I. Application for Federal Assistance (SF-424)

       Use the current version of the form for submission. Expired forms will not be
       accepted. SF-424, Expiration Date 12/31/2022, Office of Management and
       Budget (OMB) Control No. 4040-0004 (Grants.gov).
       https://apply07.grants.gov/apply/forms/sample/SF424_4_0-V4.0.pdf

       Section # 8, APPLICANT INFORMATION:
       • Legal Name: The legal name must match the name submitted with the System for
          Award Management (SAM). Please refer to instructions at
          https://www.sam.gov/SAM/.
       • Employer/Tax Identification Number (EIN/TIN): Input your correct 9-digit EIN and
          ensure that it is recorded within SAM.
       • Organizational DUNS: All applicants for Federal grant and funding opportunities are
          required to have a 9-digit Data Universal Numbering System (D-U-N-S®) number,
          and must supply their D-U-N-S® number on the SF-424. Please ensure that your
          state is registered with the SAM. Instructions for registering with SAM can be found
          at https://www.sam.gov. Additionally, the state must maintain an active SAM
          registration with current information at all times during which it has an active Federal
          award or an application under consideration. To remain registered in the SAM
          database after the initial registration, there is a requirement to review and update the
          registration at least every 12 months from the date of initial registration or
          subsequently update the information in the SAM database to ensure it is current,
          accurate, and complete. Failure to register with SAM and maintain an active account
          will result in a rejection of your submission.
       • Address: Input your complete address including Zipcode+4; Example: 20110-831.
          For lookup, use link at https://tools.usps.com/go/ZipLookupAction_input.
       • Organizational Unit: Input appropriate Department Name and Division Name, if
          applicable.
       • Name and contact information of person to be contacted on matters involving this
          application: Provide complete and accurate contact information including telephone
          number and email address for the point of contact.

       Section # 9, Type of Applicant 1: Select Applicant Type: Input “State Government”.

       Section # 10, Name of the Federal Agency: Input “Employment and Training
       Administration”.

       Section # 11, Catalog of Federal Domestic Assistance Number: Input
       “17.225”; CFDA Title: Input “Unemployment Insurance”.

       Section # 12, Funding Opportunity Number and Title: Input “UI Equity Grant”.


      Section # 13, Competition Identification Number: Leave Blank.

      Section # 14, Areas Affected by Project: Input the place of performance for the project
      implementation; Example “NY” for New York.

      Section # 15, Descriptive Title of Applicant’s Project: Input “UI Equity Grant 2021”.

      Section # 16, Congressional Districts of:
         a. Applicant: Input the Congressional District of your home office. For lookup, use
             link at www.house.gov with Zipcode + 4
         b. Program/Project: Input the Congressional District where the project work is
             performed. If it is the same place as your home office, input the congressional
             district for your home office. For lookup, use link at www.house.gov with
             Zipcode+4

      Section # 17, Proposed Project Dates
         a. Start Date: Input a valid start date for the project (earliest start date will be
             October 1, 2021)
         b. End Date: Input a valid end date for the project (initially 27-month-period from the
             start date; this can be amended upon formal request if justified)

      Section # 18, Estimated Funding ($):
      Input the applicable funding allotment as listed for your state in Attachment I. Ensure
      that the funding requested matches the TOTALS in Section B – Budget Categories of the
      SF424A.

      Section #s 19 – 20: Complete as per instructions for Form SF-424.

      Section # 21, Authorized Representative: Please select the “I AGREE” check box and
      provide complete information for your authorized signatory including contact
      information such as telephone number and email address. If your Authorized
      Representative has changed from your previous application submission for this program,
      please include a letter from higher-level leadership authorizing the new signatory for the
      application submission.

      Remember to have the SF-424 signed and dated by the Authorized Representative

II. Budget Information -Non-Construction Programs (SF-424A)

   • Use the current version of the form for the submission. Expired forms will not be accepted.
     SF 424A, Expiration Date 02/28/2022, OMB Control No. 4040-0006
     https://apply07.grants.gov/apply/forms/sample/SF424A-V1.0.pdf
   • Section B – Budget Categories: Ensure that TOTALS in Section 6, Object Class
     Categories matches the Estimated Funding requested in the SF-424.
   • If indirect charges are specified in Section 6, Object Class Categories, then include either:
     (a) The approved indirect cost rate with a copy of the Negotiated Indirect Cost Rate

    Agreement (NICRA), a description of the base used to calculate indirect costs along
    with the amount of the base, and the total indirect costs requested; OR
(b) For those applicant states that meet the requirements to use the 10 percent de minimis
    rate as described in 2 CFR 200.414(f), a description of the modified total direct cost
    base (see 2 CFR 200.68 for definition) used in the calculation along with the amount of
    the base, and the total indirect costs requested based on the 10 percent de minimis rate.