TEGL 01-24.pdf

EMPLOYMENT AND TRAINING ADMINISTRATION

ADVISORY SYSTEM

U.S. DEPARTMENT OF LABOR

Washington, D.C. 20210

CLASSIFICATION

Trade Adjustment Assistance

CORRESPONDENCE SYMBOL

OTAA

DATE

July 26, 2024

RESCISSIONS

None

EXPIRATION DATE

Continuing

ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 01-24

TO: STATE WORKFORCE AGENCIES

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: JOSÉ JAVIER RODRIGUEZ

Assistant Secretary

SUBJECT: Fiscal Year (FY) 2024 Trade Adjustment Assistance (TAA) Program Training and Other Activities (TaOA) Funds Distribution, SF-424 Instructions, and Grants Management Requirements for Accessing TaOA Funds

1. Purpose. To advise State Workforce Agencies, or agencies designated by Governors as “Cooperating State Agencies” (CSAs) (also jointly referred to as “states”) of the state distribution amounts of FY 2024 TAA Program TaOA funds.

2. Action Requested. States are required to implement the guidance set forth herein and must continue to administer the TAA Program in accordance with applicable regulations and administrative guidance. States must inform all appropriate staff of the contents of this guidance. States must complete their SF-424 and submit these forms via www.grants.gov no later than thirty days from the publication date of this guidance.

3. Summary and Background.

a. Summary – Training and Employment Guidance Letter (TEGL) No. 24-20, Operating

Instructions for Implementing the Reversion Provisions of the Amendments to the Trade Act of 1974 Enacted by the Trade Adjustment Assistance Reauthorization Act of 2015 , reminds states that although the termination provision of the Trade Adjustment Assistance Reauthorization Act of 2015 (TAARA 2015) prohibits the Department from certifying petitions for TAA group eligibility as of July 1, 2022, workers certified as eligible to apply for assistance under a petition approved prior to July 1, 2022, and who were separated on or before June 30, 2022, continue to be entitled to TAA Program benefits and services. States are required to continue to operate their TAA Programs in http://www.grants.gov/ https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-24-20 accordance with the termination provisions and requirements provided in Attachment III.

For FY 2024, each state will receive a minimum allocation of $100,000 of FY 202 4 TaOA funds. States with new participants enrolled in the last four quarters will receive additional funds based on the percentage of participants they enrolled. No FY 2024 TaOA funds will be held in reserve. To access FY 2024 TaOA funds, states must complete their SF-424 and submit these forms via www.grants.gov no later than thirty

(30) days from the publication date of this guidance. Each state’s allocation amount is set out in Attachment I.

b. Background – TEGL No. 14-22, Trade Adjustment Assistance (TAA) for Workers Program Phase-out Termination Frequently Asked Questions (FAQs), is companion guidance to TEGL No. 24-20 and its Change 1, Operating Instructions for Implementing the Reversion Provisions of the Amendments to the Trade Act of 1974 Enacted by the Trade Adjustment Assistance Reauthorization Act of 2015 . In these three TEGLs, the Department instructs states on how to operate the TAA Program under section 285(a) of the Trade Act of 1974, as amended, first under reversion and then under the current program, referred to as phase-out termination. Under phase-out termination, states must continue to provide outreach to identify affected workers and must serve any workers covered by a certified petition who were separated from trade-affected employment on or before June 30, 2022. This outreach should be commensurate with available TaOA funding and partner program resources. States must continue to determine the best mix of benefits and services available to eligible workers based on the version of the TAA Program in effect when the petition covering the worker was filed. The TAA Program continues to operate under Section 285(a) of the Trade Act, as amended, and states are still obligated to operate the program as further explained in Attachment III of this TEGL. The Department will continue to make funding available to the states as annual appropriations remain in effect while the program operates under phase-out termination.

4. FY 2024 TaOA Funds.

a. Use of Funds – States may use TaOA funds to provide benefits and services to members of worker groups covered by a certification under the 2002 Program, the 2009 Program, the 2011 Program, the 2015 Program, and the Reversion 2021 program in accordance with the requirements in the TAA law in effect at the time of filing of such petition for certification. FY 2024 TaOA funds are available for expenditure for three fiscal years (FY 2024, FY 2025, and FY 2026). The 10 percent limitation on the use of TaOA funds for state administration will not apply to FY 2024 funds to accommodate states’ need for administrative activities funds. In compliance with the Uniform Guidance at 2 CFR § 200.403(a), the use of such funds must be necessary and reasonable for the performance of the TAA Program. The provision of benefits and services during phase-out, including outreach activities, and to enroll members of worker groups certified on or before June 30, 2022, should be charged as employment and case management expenses or to appropriate partner programs. This includes providing employment and case management services to any remaining ATAA and RTAA recipients. These costs may not be charged as administrative costs. Section 20 CFR § 618.860(b) lays out the specific activities for which TAA Program TaOA administrative funds may be used. State administrative activities include recommending and reviewing the waiver of the training http://www.grants.gov/ https://www.dol.gov/agencies/eta/advisories/tegl-14-22 https://www.govinfo.gov/app/details/CFR-2024-title2-vol1/CFR-2024-title2-vol1-sec200-403 https://www.govinfo.gov/app/details/CFR-2024-title2-vol1/CFR-2024-title2-vol1-sec200-403 https://www.ecfr.gov/current/title-20/part-618#p-618.860(b) requirement; issuing, approving, continuing, or revoking training waivers; approving or denying training programs and plans; participating as needed in adjudication or appellate activity associated with any TAA benefit or service; and other administrative activities relating to the TAA Program.

b. Process for Requesting Additional Funds – In the event a state needs an amount greater than the amount indicated in Attachment I of this guidance for the provision of benefits and services to eligible workers prior to the end of FY2024, the state should contact the appropriate Regional Office.

c. Grants Management – States must submit an FY 2024 SF-424 for the amount of funding set out for their state in Attachment I of this guidance. States must: 1) enter the announcement number of this TEGL, ETA-TEGL-NO-01-24, 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 dollar amount of funds requested for FY 202 4.

Attachment IV 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.

i. States must submit their applications via www.grants.gov. The Department's

Office of Grants Management (OGM), in conjunction with the Office of Trade Adjustment Assistance, will review the submitted application materials and request any updates or corrections, if necessary. Once approved, OGM will incorporate the application with the Annual Financial Agreement (AFA), which will be executed by the Department’s Grant Officer and transmitted to the Authorized Organizational Representative and the Point of Contact identified on the SF-424 for the state. Any subsequent changes to the information submitted on the SF-424 (individuals identified, address, etc.)

must be submitted to the Department as a request to modify the AFA via the assigned Federal Project Officer. Links to reporting databases, as well as general guidance on how to administer a grant award, may be found at:

https://www.dol.gov/agencies/eta/grants/management, TAA Community page at https://taa.workforcegps.org, our Office of Grants Management Grants Application and Management community page at:

https://grantsapplicationandmanagement.workforcegps.org/resources/2016/12/ 14/10/45/Grant-Management-Training, and in the Uniform Guidance at 2

CFR 200 et. seq. at: https://www.ecfr.gov/current/title-2/subtitle-A/chapter- II/part-200.

ii. States must also provide indirect cost information as a sentence in Line Item #15, Descriptive Title of Applicant's Project, on the SF-424 Form. Example:

“Indirect Costs for this award are estimated at $19,000.” State grantees may use a federally approved Negotiated Indirect Cost Rate Agreement (NICRA) or Cost Allocation Plan (CAP) rate to calculate indirect costs against their full FY 2024 TaOA allotments to estimate this total. States will not need to provide supporting documentation (i.e., Indirect Cost Rate Agreement or Cost http://www.grants.gov/ http://www.grants.gov/ https://www.dol.gov/agencies/eta/grants/management https://taa.workforcegps.org/ https://grantsapplicationandmanagement.workforcegps.org/resources/2016/12/14/10/45/Grant-Management-Training https://grantsapplicationandmanagement.workforcegps.org/resources/2016/12/14/10/45/Grant-Management-Training https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200

Allocation Plan) in their application to substantiate the amount of Indirect Costs estimated in Item #15. The amount a state enters for Indirect Costs will not impact the total amount entered in Item #18, Estimated Funding ($) of the

SF-424, i.e., states should enter the amount provided in Attachment I of this TEGL on Item 18.

iii. The period of performance for these funds will be 10/01/2023 to 09/30/2026.

States must enter this on Line 17 on the SF-424.

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

6. References.

• Pub. L. 118-47, Further Consolidated Appropriations Act, 2024, enacted on March

23, 2024;

• 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.);

• Pub. L. 114-27, Trade Adjustment Assistance Reauthorization Act of 2015 (TAARA

2015);

• TAA Final Rule, 20 CFR Part 618, 85 FR 51896 (August 21, 2020);

• Agreement Between the Governor and Secretary of Labor, United States Department of Labor, to carry Out the Provisions of Subchapters A, B, and C of Chapter 2 of Title

II of the Trade Act of 1974, as amended by the Trade Adjustment Assistance

Reauthorization Act of 2015;

• Joint WIOA Final Rule, as applicable, published in the Federal Register at:

https://www.gpo.gov/fdsys/pkg/FR-2016-08-19/pdf/2016-15977.pdf;

• Department-Only WIOA Final Rule, as applicable, published in the Federal

Register at: https://www.gpo.gov/fdsys/pkg/FR-2016-08-19/pdf/2016-15975.pdf;

• Further Consolidated Appropriations Act, 2024, Division D, (Pub. L. 118-47), Enacted March 23, 2024;

• 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);

• Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA), as amended by the Budget Control Act of 2011 (BCA);

• TEGL No. 14-22, Trade Adjustment Assistance (TAA) for Workers Program Phase-out Termination Frequently Asked Questions (FAQs), issued April 14, 2023;

• TEGL No. 24-20, Operating Instructions for Implementing the Reversion Provisions of the Amendments to the Trade Act of 1974 Enacted by the Trade Adjustment

Assistance Reauthorization Act of 2015 , issued June 4, 2021;

• TEGL No. 24-20, Change 1, Change 1 to Operating Instructions for Implementing the

Reversion Provisions of the Amendments to the Trade Act of 1974 Enacted by the https://www.gpo.gov/fdsys/pkg/FR-2016-08-19/pdf/2016-15977.pdf https://www.gpo.gov/fdsys/pkg/FR-2016-08-19/pdf/2016-15975.pdf https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 https://www.dol.gov/agencies/eta/advisories/tegl-14-22 https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-24-20 https://www.dol.gov/agencies/eta/advisories/tegl-24-20-change-1

Trade Adjustment Assistance Reauthorization Act of 2015, issued November 25, 2022;

• TEGL No. 17-16, Infrastructure Funding of the One-Stop Delivery System, issued

January 18, 2027; and

• TEGL No. 03-19, Real Property Under Employment and Training

Administration-Funded Grants, issued July 15, 2019.

7. Attachment(s).

• Attachment I – Fiscal Year (FY) 2024 Trade Adjustment Assistance (TAA) Program

Training and Other Activities (TaOA) Allocations, by State

• Attachment II – Award Description for Trade Adjustment Assistance (TAA) Program Training and Other Activities (TaOA) Grants

• Attachment III – TAA Program Requirements

• Attachment IV – Submission Instructions for (TaOA) Funding via SF-424 and Grants.gov https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-17-16 https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-03-19

ATTACHMENT I

Fiscal Year (FY) 2024 Trade Adjustment Assistance (TAA) Program Training and Other Activities (TaOA) Allocations, by State

I-1

State FY 2024 Allocation

Amounts

Alabama $ 137,460

Alaska $ 100,000

Arizona $ 100,000

Arkansas $ 128,095

California $ 174,921

Colorado $ 100,000

Connecticut $ 146,825

Delaware $ 100,000

District of Columbia -

Florida $ 146,825

Georgia $ 137,460

Hawaii $ 100,000

Idaho $ 109,365

Illinois $ 1,617,143

Indiana $ 1,495,397

Iowa $ 174,921

Kansas $ 137,460

Kentucky $ 109,365

Louisiana $ 146,825

Maine $ 137,460

Maryland $ 128,095

Massachusetts $ 100,000

Michigan $ 203,016

Minnesota $ 128,095

Mississippi $ 100,000

Missouri $ 118,730

Montana $ 100,000

Nebraska $ 128,095

Nevada $ 100,000

New Hampshire $ 100,000

New Jersey $ 287,302

New Mexico $ 128,095

New York $ 277,937

North Carolina $ 174,921

North Dakota $ 100,000

Ohio $ 212,381

Oklahoma $ 128,095

Oregon $ 2,825,238

Pennsylvania $ 249,841

Puerto Rico $ 100,000

Rhode Island $ 231,111

South Carolina $ 324,762

South Dakota $ 128,095

Tennessee $ 100,000

Texas $ 409,048

Utah $ 118,730

Vermont $ 100,000

Virginia $ 577,619

Washington $ 380,952

West Virginia $ 221,746

Wisconsin $ 268,571

Wyoming $ 100,000

TOTAL $13,950,000

ATTACHMENT II

Award Description for Trade Adjustment Assistance (TAA) Program

Training and Other Activities (TaOA) Grants

II-1

Award Description. States receiving an award must comply with the Trade Act of 1974 as amended, the TAA Program Regulations, the Notice of Award which the Department provides at the time of the award, applicable program guidance, applicable agreements governing the TAA Program such as Governor-Secretary Agreement, and the TAA Annual Funding Agreement,

1. Purpose: States may use TAA Program TaOA funds provided under this grant to cover the cost of related state administration and the provision of training, employment and case management services including outreach, job search allowances, and relocation allowances to trade affected workers.

2. Activities to be Performed: Required activities are covered in the TAA Final Rule, 20 CFR part 618, published in the Federal Register on August 21, 2020, applicable statutes, and guidance governing the TAA Program and describe program requirements and states’ responsibilities regarding the use of TAA program TaOA funds. Additional guidance is provided in Attachment III of this TEGL.

3. Expected Outcomes: States must use TAA Program funds provided under this grant to operate the TAA Program in support of the goals, objectives, and outcomes provided in the Trade Act of 1974, as amended, the program regulations at 20 CFR part 618, and applicable administrative guidance.

4. Intended Beneficiaries: TaOA grant funds are intended to serve trade affected workers. Adversely affected workers are individuals who, because of lack of work in adversely affected employment, have been totally or partially separated from such employment; and, adversely affected incumbent workers (individuals who (A) are members of a group of workers who have been certif ied as eligible to apply for adjustment assistance; (B) have not been totally or partially separated from adversely affected employment; and (C) workers for whom the Secretary determines, on an individual basis, are threatened with total or partial separation).

5. Subrecipient Activities: Subrecipient means a non-Federal entity or Federal agency that receives a subaward from the grant award recipient under the TaOA funds award.

Subrecipients are accountable to the grantee for the use of the Federal funds provided by the subaward. Specifications of subrecipient activities and the requirements subrecipients must comply with, are set out in the TAA Annual Funding Agreement, which DOL sends to each grantee upon grant award.

https://www.dol.gov/agencies/eta/tradeact/law/regulations

ATTACHMENT III

TAA Program Requirements

III-1

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 Training and Other Activities (TaOA) funds provided under this grant award may be used for: the cost of training (and training related costs), employment and case management services including outreach activities, job search allowances, relocation allowances, and related state administration. Funds for TRA, ATAA, and RTAA are governed by the Federal requirements, guidance, and the terms and conditions of the Unemployment Insurance Annual Funding Agreement (AFA).

B. States’ Responsibilities. The Trade Act of 1974, as amended, 20 CFR part 618, and

Agreements Between the Governor and Secretary of Labor, provide guidance on states’ responsibilities for ensuring that Workforce Innovation and Opportunity Act (WIOA) partner programs are integrated into the American Job Center (AJC) network, also known as the one-stop system. The TAA Program is a required one-stop partner under the WIOA statute and regulations at WIOA sec. 121(b)(1)(B), 20 CFR § 678.400, 34 CFR § 361.400, and 34 CFR §

463.400, respectively. As a WIOA required partner, the TAA Program is responsible for providing access to TAA benefits and services to adversely affected workers through the

AJC network. States must also use their state’s AJCs as the main point of contact for participant intake and the 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 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 TAA Program staff member, whether fully or partially funded by TAA, physically present at the one-stop center and responsible for TAA;

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 TAA Program, services, and activities available through all partner programs; or

c) Option 3: Making available a direct linkage through technology to a TAA

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 a state to have varying levels of assistance depending on the trade-affected worker’s needs. For example, this could be as simple as having an adequately trained one-stop center staff member providing basic program information to a one-stop customer regarding eligibility requirements of the TAA Program. In this example, the partner staff

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member has been trained on TAA Program eligibility requirements, as well as how to search for and file a TAA petition. This option allows the customer to receive high-quality service through the one-stop center in a timely manner.

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.”

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 comply with program regulations and administrative directives, including, but not limited to:

a) Trade Adjustment Assistance Final Rule, published in the Federal Register at:

https://www.federalregister.gov/documents/2020/08/21/2020-13802/trade-adjustment-assistance-for-workers, effective on September 21, 2020;

b) Joint WIOA Final Rule, as applicable, 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, as applicable, published in the Federal

Register at: https://www.gpo.gov/fdsys/pkg/FR-2016-08-19/pdf/2016-15975.pdf;

d) Further Consolidated Appropriations Act, 2024, Division D, (Pub. L. 118-47), enacted March 23, 2024;

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.);

g) Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA), as amended by the Budget Control Act of 2011 (BCA);

h) TEGL No. 17-16, Infrastructure Funding of the One-Stop Delivery System;

i) TEGL No. 03-19, Real Property Under Employment and Training

Administration-Funded Grants;

j) TEGL No. 24-20 and Change 1: Operating Instructions for Implementing the

Reversion Provisions of the Amendments to the Trade Act of 1974 Enacted by the

Trade Adjustment Assistance Reauthorization Act of 2015 ;

k) TEGL No. 13-21, Trade Adjustment Assistance (TAA) for Workers and

Alternative Trade Adjustment Assistance (ATAA) and Reemployment Trade

Adjustment Assistance (RTAA) Program Operations after June 30, 2022 ;

l) TEGL No. 14-22, Trade Adjustment Assistance (TAA) for Workers Program

Phase-out Termination Frequently Asked Questions (FAQs); and https://www.federalregister.gov/documents/2020/08/21/2020-13802/trade-adjustment-assistance-for-workers https://www.federalregister.gov/documents/2020/08/21/2020-13802/trade-adjustment-assistance-for-workers https://www.gpo.gov/fdsys/pkg/FR-2016-08-19/pdf/2016-15977.pdf https://www.gpo.gov/fdsys/pkg/FR-2016-08-19/pdf/2016-15975.pdf https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-17-16 https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-03-19 https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-24-20 https://www.dol.gov/agencies/eta/advisories/tegl-24-20-change-1 https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-13-21 https://www.dol.gov/agencies/eta/advisories/tegl-14-22

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m) TEGL No. 02-23, Fiscal Year (FY) 2023 Trade Adjustment Assistance (TAA)

Program Training and Other Activities (TaOA) Funds Distribution, SF-424

Instructions, and Grants Management Requirements for Accessing TaOA Funds

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(b)(3), provide that capital expenditures for improvements to land or buildings, which materially increase their value or useful life, are unallowable as a direct cost, except in cases where the Grant Officer has granted prior written approval. All requests for construction related expenses must come to the Secretary of Labor for prior approval.

The requirements relating to Real Property, above and explained in TEGL No. 03-

19, Real Property Under Employment and Training Administration-Funded

Grants, apply. This guidance provides information on using ETA grant funds for capital expenditures and other real property costs, depreciation, maintaining insurance, handling idle facilities and idle facility capacity, retaining records, disposing of real property acquired with ETA grant funds; renting real property, and using and disposing of SWA real property that has DOL equity or Reed Act equity.

b) Equipment. Equipment purchases under the TAA Program are subject to the provisions at 2 CFR § 200.313. Consistent with 20 CFR § 618.860(c)(1), the

Department delegates the authority of prior approval to the Governor for equipment purchases made using TaOA funds.

c) Oversight Roles and Responsibilities [See 20 CFR 618.860(d)(2)(i)]. 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 Trade Act sec. 239(i), and 2 CFR part 200, including 2

CFR § 200.331 through 2 CFR § 200.333, and the Department’s exceptions at 2 CFR part 2900, in order to:

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 applicable to the program at issue;

iii. assure compliance with 2 CFR part 200 and the Department’s exceptions at 2

CFR part 2900;

iv. assure compliance with 20 CFR part 618, if applicable; and, https://www.dol.gov/agencies/eta/advisories/tegl-02-23 https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-03-19

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v. 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. [See 20 CFR § 618.860(d)(2)(ii)]

i. Resolution of subrecipient-level findings.

(1) The Governor is responsible for resolving findings that arise from state and

Federal monitoring reviews, investigations, 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.

iii. Resolution of state findings. [See 20 CFR 618.860(d)(2)(iii)]

(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 200, 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. States must follow the requirements provided in 29 CFR part 38, Implementation of the Nondiscrimination and Equal Opportunity Provisions of WIOA.

C. Use of Funds. States may use TaOA funds to provide training, job search allowances, relocation allowances, and employment and case management services to members of worker groups covered by a certification – including outreach to workers - under all versions of the

TAA Program, in accordance with the requirements of the TAA law in effect at the time of filing of such petition for certification. States may use TaOA funds for TAA Program related state administration to provide outreach to trade affected workers, pay for the TAA

Program’s share of AJC infrastructure costs, and for systems development and maintenance.

Please also see Section H of this Attachment for additional information.

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Due to the termination status of the TAA Program, the expenditures for related state administration under the FY 2024 awards are not limited to 10 percent of the total amount of

TaOA funds awarded to the state in FY 2024. State expenditures for employment and case management services costs, including outreach activities, must not be less than 5 percent of

TaOA funds awarded under the FY 2024 allocation. ETA strongly recommends that recipients spend funds with the shortest period of availability first.

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, as provided in 20 CFR § 618.950. Underutilized funds will be recaptured only after notification to and consultation with the Recipient.

E. 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 § 200.339, and the procedures located at 2 CFR § 2900.20 through 2900.22, and, if applicable, 20 CFR § 618.804, and 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.

F. Merit Staff. The state agrees that staff employed to carry out state administration of the

TAA Program and funded by the TAA Program, will comply with 20 CFR § 618.890.

G. Administrative and Program Costs. The administrative cost limit of the FY 2024 TaOA funding allocation is explained above in paragraph C of this Attachment III , with which states must comply. For purposes of the TAA Program, the costs of administration are established at 20 CFR § 618.860(b). For FY2024 funds, the 10 percent limit on administrative expenditures does not apply.

H. Ongoing Program Activities. Although the TAA Program is currently in a phase-out termination status, states are still required to provide workers access to the benefits and services to eligible workers and to conduct outreach to members of certified worker groups who were separated from adversely affected employment on or before June 30, 2022.

a. Outreach

Several states, despite termination, continue to successfully identify and enroll eligible workers as a result of targeted and braided outreach strategies. The

Department’s position remains that states must continue to conduct appropriate outreach to members of worker groups who have not yet accessed benefits and services under the TAA Program. States must determine whether the outreach

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is effective and adjust strategies and level of effort as appropriate. States should work with partner programs, such as Rapid Response, to conduct this outreach as TaOA funds become more limited.

b. Employment and Case Management

States must provide workers access to employment and case management services. These services have no deadlines and there is no individual application process to receive these services. Importantly, these services can be provided by any partner program or provider – whether or not TaOA funds are used. WIOA Title I and Title III funding can also be used to provide these services.

c. Training

A trade-affected worker has a lifetime entitlement to apply for training. If the training meets the approval criteria in 20 CFR § 618.635, the state must provide the worker access to the training. As an entitlement, the Department must make funding available to provide the training. This is for all versions of the TAA Program. WIOA funding under the dislocated worker or national dislocated worker grant programs would also be allowable sources if the applicable criteria are met. If WIOA funds are used for training, the eligible training provider provisions apply. Should a state need additional funding, they should contact their Regional Office.

d. Trade Readjustment Allowances (TRA)

If a worker meets the eligibility criteria, TRA must be provided. To be eligible, the worker must meet all applicable deadlines and eligibility requirements. Only TRA funds may be used to pay these benefits.

e. Alternative / Reemployment TAA (A/RTAA)

For a worker to receive A/RTAA in termination, they must have received at least one payment for their qualifying reemployment on or before June 30, 2022. In the last quarter before termination, more than 300 new A/RTAA participants were enrolled. However, given the two-year limit on receipt of

A/RTAA benefits, most A/RTAA activity is anticipated to end on or around

July 1, 2024. Only A/RTAA funds may be used to pay these benefits.

f. Job Search and Relocation Allowances

There are two different deadlines for receipt of the job search and relocation allowances. One of these deadlines is based on completion of training. This means that there is no statutory end date to this benefit. States must continue to make participants aware of these benefits, process any applications received, and make appropriate payment of these benefits.

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g. Reporting and Other Administrative Responsibilities

There are no changes to the reporting requirements under the TAA Program at this time. States must still submit the Participant Individual Record Layout

(PIRL), ETA-9130 Financial Reports, UI-3 Trade Reports, Trade Adjustment

Assistance Data Integrity (TAADI), Efforts to Improve Outcomes, and Trade

Adjustment Assistance Administrative Collection of States (TAAACS). States must continue to report information on every participant through 10 quarters after the exit quarter. ETA anticipates some states will be reporting on TAA participants into FY 2030.

h. Role as a One-Stop Partner

The TAA Program remains a required partner under WIOA and must meet its obligations under WIOA and any memorandums of understanding implemented by the states. It is appropriate for states to review those MOUs due to decreased levels of program participation and lower funding levels.

This includes determining what financial level of support remains appropriate for TAA support of infrastructure and operating costs of the American Job

Center Network.

ATTACHMENT IV

Submission Instructions for (TaOA) Funding via SF-424 and Grants.gov

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Document submission for TAA Program TaOA funds for FY 2024 through www.grants.gov is the same procedure the Department instructed grantees to follow to apply for FY 202 3 TaOA funds. On Line 18 of the SF-424, states will enter the amount of funding set out in

Attachment I of this TEGL. For FY 2024, the Department is allocating funding in a single distribution; therefore, it is not necessary to enter an estimate. The information below is provided to augment the instructions available on the www.grants.gov website and pertains to the SF-424. States must enter the exact amount of funds indicated in Attachment I of this guidance for their state on Line 18 of the SF-424 and submit this form via www.grants.gov.

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 1-606-545-5035, to speak to a customer support representative or email support@grants.gov. The www.grants.gov contact center is open 24 hours a day, seven days a week except for Federal holidays. Note, the links in the sections below require Internet

Explorer version IE11 or higher, Chrome, or Firefox. Please use one of these browsers to access the information available on the link.

1. Timely SF-424 Submissions. To allow time to process FY 2024 TaOA grants and allocate requested funds to states, the Department strongly encourages states to submit their SF-424 TaOA via www.grants.gov as soon as possible, and no later than thirty (30) days after the publication 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 any 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.

2. How to Submit an Application. Applicants can apply on www.grants.gov using Workspace, https://www.grants.gov/applicants/workspace-overview.html. Workspace is a shared online environment that allows organizations or individuals to apply for federal grants by enabling multiple simultaneous form access and editing within a single application. To access complete instructions, see: https://www.grants.gov/applicants/grant-applications/how-to-apply-for-grants. To apply for FY 2024 TaOA grant funds once you have logged into Workspace, select Search Grants at: https://www.grants.gov/search-grants, and enter ETA-

TEGL-NO-01-24 in the Opportunity Number field of the Basic Search Criteria box. Be careful to use the specific syntax: ETA-TEGL-NO-01-24.

http://www.grants.gov/ http://www.grants.gov/ https://www.grants.gov/ mailto:support@grants.gov http://www.grants.gov/ http://www.grants.gov/ https://www.grants.gov/ https://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ https://www.grants.gov/ https://www.grants.gov/applicants/workspace-overview.html https://www.grants.gov/applicants/grant-applications/how-to-apply-for-grants https://www.grants.gov/applicants/grant-applications/how-to-apply-for-grants https://www.grants.gov/search-grants

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3. Important Information.

• Completing a grant application requires the state to enter the organization’s Authorized

Organizational Representative (AOR) Username and Password. If the state does not have the AOR’s Username and Password, please register as a new user here:

https://apply07.grants.gov/apply/register.faces. Note, if the state already has a www.grants.gov account and knows or can retrieve the AOR’s logon information using the Forgot Username or Password function, there is no need to register another account to apply for FY 2024 TaOA grant funds.

• When a state submits its 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.

The second email will indicate that the application has either been successfully validated or has been rejected due to errors.

• Effective April 4, 2022, the Data Universal Numbering System (DUNS) Number was replaced by a new, non-proprietary identifier requested in and assigned by the System for Award Management (SAM) www.SAM.gov (access requires Internet Explorer version of IE11 or higher, Chrome, or Firefox). This identifier is called the Unique Entity Identifier

(UEI), or the Entity ID. Each applicant must have a UEI number and must be registered with www.SAM.gov before submitting an SF-424 Form in www.grants.gov. SAM.gov is an official government website that allows applicants to: 1) register to do business with the U.S. government; 2) update or renew entity registration; 3) check the status of an entity registration; or 4) 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.

• The official, electronically signed SF-424 Form must reflect the state amount listed in Attachment I for the requested estimated funding total in item #18, the Catalog of Federal Domestic Assistance Number “17.245” for item #11, and the grantee’s 12 -character UEI listed for item #8c on the SF-424 Form.

• Item #15 of the SF-424 must indicate the amount of Indirect Costs claimed by the recipient, if any. States must also provide indirect cost information as a sentence in Line Item #15, Descriptive Title of Applicant's Project, on the SF-424 Form. Example:

“Indirect Costs for this award are estimated at $19,000.” State grantees may use a federally approved Negotiated Indirect Cost Rate Agreement (NICRA) or Cost

Allocation Plan (CAP) rate to calculate indirect costs against their full FY 202 4 TaOA allotments, to estimate this total. States will not need to provide supporting https://apply07.grants.gov/apply/register.faces https://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ https://www.sam.gov/ https://sam.gov/content/home https://www.grants.gov/

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documentation (i.e., Indirect Cost Rate Agreement or Cost Allocation Plan) to substantiate the amount of Indirect Costs estimated in Item #15. The amount a state enters for Indirect Costs will not impact the total amount entered in Item #18, Estimated Funding ($) of the SF-424, i.e., states should enter the amount provided in Attachment I of this TEGL.

• 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/applicants/applicant-faqs.

• To receive updated information about critical issues, new tips for users, and other time sensitive updates as information becomes available, subscribe to www.grants.gov updates at: https://www.grants.gov/connect/manage-subscriptions/.

https://www.grants.gov/applicants/applicant-faqs https://www.grants.gov/connect/manage-subscriptions/

TEGL FY2024 TAA Allocation Guidance-2.pdf