TEGL 09-24.pdf

EMPLOYMENT AND TRAINING ADMINISTRATION

ADVISORY SYSTEM

U.S. DEPARTMENT OF LABOR

Washington, D.C. 20210

CLASSIFICATION

WIOA - DWG

CORRESPONDENCE SYMBOL

OWI

DATE

December 17, 2024

RESCISSIONS

TEGL 16-21

TEGL 04-18

EXPIRATION DATE

Continuing

ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 09-24

TO: STATE WORKFORCE AGENCIES

STATE WORKFORCE ADMINISTRATORS

STATE WORKFORCE LIAISONS

STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS

LABOR COMMISSIONERS

AMERICAN JOB CENTERS

WIOA SECTION 166(c) INDIAN AND NATIVE AMERICAN PROGRAM

GRANTEES

RAPID RESPONSE COORDINATORS

TRADE ADJUSTMENT ASSISTANCE LEADS

FROM: JOSÉ JAVIER RODRÍGUEZ

Assistant Secretary

SUBJECT: Updated National Dislocated Worker Grant Program Guidance and Application

Information

1. Purpose. To inform the state and local workforce development system of the policies and priorities that govern the award and use of National Dislocated Worker Grant (DWG) funds, pursuant to the Workforce Innovation and Opportunity Act (WIOA), Title I, Section 170.

2. Action Requested. Please share with all staff who administer DWGs. The workforce development system and all DWG recipients should review and update applicable policies and procedures to comply with this TEGL.

3. Summary and Background.

a. Summary – This TEGL describes the policies and priorities that govern the DWG program, including the types of DWGs; grant funding approach; period of performance and period of expenditure; cost limitations; administrative policies; application requirements; performance targets and reporting; and post-award policies. The TEGL also highlights the importance and value of DWGs in the broader context of good jobs, economic recovery, community resilience, and equitable workforce development activities.

This TEGL rescinds and replaces TEGL No. 16-21, Updated National Dislocated Worker

Grant Program Guidance, dated June 16, 2022, and TEGL No. 04-18, National Health

Emergency Phase Two: Disaster Recovery National Dislocated Worker Grants to

Address the Opioid Crisis, dated September 14, 2018. As the opioid grants are also disaster recovery DWGs, this change better aligns the guidance for DWGs addressing the opioid public health emergency with all other Disaster Recovery DWGs. It ensures that current guidelines and practices are applicable to all Disaster Recovery DWG applicants, to include opioid-related requests made while the public health emergency declaration remains in effect. As a result, all eligible applicants will follow this guidance and any subsequent DWG program guidance.

b. Background – DWGs are discretionary grants awarded by the Secretary of Labor under

Section 170 of WIOA to provide employment-related services for dislocated workers and other eligible individuals.

DWGs provide supplemental funding in response to major economic dislocations or other events that cause or contribute to a shortage of existing WIOA Dislocated Worker formula funds and other relevant resources in states and local areas, creating challenges in their ability to provide workforce services to eligible participants. DWGs enable states and communities to respond to and recover from large, often unexpected dislocation events and their associated impacts.

The WIOA statute allows the Employment and Training Administration (ETA) to fund two types of DWGs: Disaster Recovery and Employment Recovery. Disaster Recovery

DWGs provide funding to create temporary employment opportunities to assist with clean-up and recovery efforts when an area impacted by an emergency or major disaster is declared eligible for public assistance by the Federal Emergency Management Agency

(FEMA) or is declared or recognized as an emergency or disaster of national significance by a Federal agency with authority or jurisdiction over Federal response to the disaster or emergency, including public health emergencies. Employment Recovery DWGs expand capacity to serve dislocated workers and to meet the increased demand for employment and training services following a qualifying dislocation event such as a mass layoff, plant closure, or higher-than-average demand for employment and training activities for dislocated members of the Armed Forces and their spouses. While the two DWG types serve different purposes, both play an important role in helping communities, individuals, and businesses recover from large-scale economic events.

Disaster Recovery DWGs are awarded to help communities address and recover from the impacts of a disaster or emergency including public health emergencies, and to help develop a workforce better equipped for resiliency to disaster events in the future. ETA expects that the State Workforce Agency (or DWG grant recipient or subrecipient) is an active participant in connecting the activities of the Disaster Recovery DWG to overall disaster relief efforts led by FEMA or state emergency officials and bring a workforce development perspective to disaster response. Disaster Recovery DWG applicants must identify a point of contact within the state emergency management structure and describe any coordination that has occurred by the time of the application, or any plans for coordination post-award, between the grant recipient and the relevant emergency management agency or individuals (see Attachment 1, Section 2A, Demonstrating

Coordination with Emergency Management Agencies). This planning will position the

DWG to be better coordinated with existing or developing emergency response efforts.

ETA will also use this information to facilitate any necessary communication with

FEMA. To best prepare for operating a Disaster Recovery DWG when one is needed, states and other entities eligible to apply for Disaster Recovery DWGs are encouraged to maintain readiness and play a role in disaster preparedness by actively:

• Supporting and participating in disaster preparedness planning activities carried out by state emergency management agencies or others; and

• Planning in advance for the types of disaster-relief employment positions that pay competitive wages and are with employers with a demonstrated commitment to worker safety and health. (Note that such positions must abide by employment laws and certain standards described in Attachment I).

Employment Recovery DWGs are a powerful tool for supporting economic and employment-related recovery after mass layoffs or other instances of large-scale job loss and the associated employment impacts that these losses may generate. When such events occur, the economic and other impacts can be widespread and negatively affect workers, businesses, and communities, as well as the ability of the public workforce system to effectively serve dislocated workers. Employment Recovery DWGs enable the delivery of critical career, training, and other resources to support reemployment efforts, assist strategic efforts to develop or enhance job quality, address the unique needs of historically marginalized individuals and communities affected by layoffs, and more.

ETA encourages projects funded with DWG resources to align with existing state and local strategic priorities and focus on preparing dislocated workers and other eligible individuals for good jobs that include family-supporting wages and benefits, worker voice in employment conditions, and equal opportunity.1

WIOA considers DWGs to be part of a continuum of support for workers, businesses and communities that begins with early intervention or layoff aversion activities. The continuum of services also includes planning for large-scale layoffs, and using resources from other WIOA programs and from federal, state, and local economic development agencies or from other agencies. This coordinated support mitigates the impacts of layoffs and unemployment caused by many factors, including, for example, mass layoffs preceded by Worker Adjustment and Retraining Notification (WARN) Act notices, retaliatory terminations or retaliatory layoffs after workers reported unsafe or unlawful working conditions, a series of related layoffs in a single industry, and other layoff situations. The American Job Center (AJC) Network, which is funded on an annual basis and has physical and virtual locations across the country, provides regular assistance to people out of work. Formula-funded WIOA resources exist to support workers and job seekers under a variety of circumstances. Regardless of the cause of job loss, an affected worker accessing an AJC is likely the quickest and best route to obtaining support for finding new employment opportunities, and so coordination across resources is critical.

1 For more detailed information on what the Department of Labor considers “good jobs,” why job quality is important, and how the workforce system should integrate good job strategies into its activities see TEGL No. 07-

22.

To maximize the effectiveness of early intervention strategies for dislocated workers, and to deliver services while a DWG application is pending, states are encouraged to use the flexibility contained in the WIOA for comprehensive Rapid Response services. States and local workforce areas should always prioritize efforts designed to prevent or minimize the impacts of dislocations through layoff aversion efforts through Rapid

Response before requesting supplemental funds through a DWG. More information on

Rapid Response and layoff aversion activities may be found in Training and Employment

Guidance Letter (TEGL) 19-16, Guidance on Services provided through the Adult and

Dislocated Worker Programs under the Workforce Innovation and Opportunity Act

(WIOA) and the Wagner-Peyser Act Employment Service (ES), as amended by title III of

WIOA, and for Implementation of the WIOA Final Rules.

4. DWG Program Guidance. See Attachment I, National Dislocated Worker Grant Program

Guidance for all DWG program guidance. See Attachment II, Policy Explanations and

Examples to Support DWG Program Guidance, for additional supporting information.

5. OMB Information Collection and Paperwork Reduction Act. Applicants for DWGs submit an application, as described in Attachment I. The OMB Information Collection No for that application is 1225-0086, and expires July 31, 2025. The current approval and subsequent approvals for this information collection are tracked in https://www.reginfo.gov/public/do/PRAMain.

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number.

Public reporting burden for this collection of information is estimated to average 50 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments about the burden estimated or any other aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Department of

Labor, to the attention of the Departmental Clearance Officer, 200 Constitution Avenue NW, Room N1301, Washington, D.C. 20210. Comments may also be emailed to:

DOL_PRA_PUBLIC@dol.gov. (Please do not return your grant application to this address.

Send only comments about the burden caused by the collection of information to this address. Send your grant application to ETA via https://www.grants.gov as described in

Attachment I.)

This information is being collected for the purpose of awarding a grant. DOL will use the information collected through this “Funding Opportunity Announcement” to ensure that grants are awarded to the applicants best suited to perform the functions of the grant. This information is required to be considered for this grant.

6. Inquiries. Direct questions regarding this guidance to the appropriate ETA regional office.

7. References.

• Workforce Innovation and Opportunity Act (WIOA) (Pub. L. 113-128) (July 22, 2014);

• Employment and Training Administration, Workforce Innovation and Opportunity Act;

Final Rule (WIOA DOL Final Rule) published at 81 FR 56071 (August 19, 2016), specifically 20 C.F.R. parts 680 and 687;

https://www.reginfo.gov/public/do/PRAMain mailto:DOL_PRA_PUBLIC@dol.gov https://www.grants.gov/ https://thefederalregister.org/81-FR/56071

• TEGL No. 07-22, Increasing Employer and Workforce System Customer Access to Good

Jobs, dated January 18, 2023;

• TEGL No. 14-18, Aligning Performance Accountability Reporting, Definitions, and

Policies across Workforce Employment and Training Programs Administered by the U.S.

Department of Labor (DOL), dated March 25, 2019;

• TEGL No. 8-18, Workforce Innovation and Opportunity Act (WIOA) Title I and Wagner-

Peyser Act Waiver Requirements and Request Process, dated December 19, 2018;

• TEGL No. 04-18, National Health Emergency Phase Two: Disaster Recovery National

Dislocated Worker Grants to Address the Opioid Crisis, dated September 14, 2018;

• TEGL No. 19-16, Guidance on Services Provided through the Adult and Dislocated

Worker Programs under the Workforce Innovation and Opportunity Act (WIOA) and the

Wagner-Peyser Act Employment Service (ES), as amended by title III of WIOA, and for

Implementation of the WIOA Final Rules, dated March 1, 2017;

• TEGL No. 16-16, One-Stop Operations Guidance for the American Job Center Network, dated January 18, 2017, and its Change 1;

• TEGL No. 28-10, Federal Financial Management and Reporting Definitions, dated May

27, 2011;

• TEGL No. 10-09, Implementing Priority of Service for Veterans and Eligible Spouses in

All Qualified Job Training Programs Funded in Whole or in Part by the U.S. Department of Labor (DOL), dated November 10, 2009; and

• Information Collection Forms and Participant Individual Record Layouts: Workforce

Innovation and Opportunity Act (WIOA) Common Performance Reporting - ETA 9169

9170 (OMB Control No. 1205-0526) and DOL-only Performance Accountability, Information, and Reporting System - 9172, 9173 (OMB Control No. 1205-0521) and ETA

Form 9130 (OMB).

8. Attachments.

• Attachment I – National Dislocated Worker Grant Program Guidance and Application

Information

• Attachment II - Policy Explanations and Examples to Support DWG Program Guidance https://www.dol.gov/agencies/eta/advisories/tegl-07-22 https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-14-18 https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-08-18 https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-04-18 https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-19-16 https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-16-16 https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-28-10 https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-10-09

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Attachment I

Attachment I: National Dislocated Worker Grant Program Guidance and

Application Information

Contents

Attachment I: National Dislocated Worker Grant Program Guidance and Application

Information

Purpose of this Program Guidance

Part 1: National Dislocated Worker Grant Program Policies

Section 1.A: Types of DWGs

Disaster Recovery DWGs

Employment Recovery DWGs

Part 2: DWG Applications

Section 2.A: Application Information and Requirements

Section 2.B: Grant Awards

Part 3: Grant Funding Approach

Section 3.A: Grant Awards Funded in Full

Section 3.B: Grant Awards Funded Incrementally

Section 3.C: Additional Funding

Section 3.D: Emergency Applications

Section 3.E: Other DWG Funding Criteria

Part 4: Administrative Policies

Part 5: Post-Award Requirements and Information

Section 5.A: Participant Enrollment and Grant Performance

Section 5.B: Post-Award Information

Attachment II: Policy Explanations and Examples to Support DWG Program Guidance

Section 1: Participant Eligibility, Disaster Recovery DWGs

Section 2: Other DWG Program Clarifications

Section 3: Understanding the Difference Between Allowable and Unallowable Disaster-Relief

Employment

Section 4: Information for Tribal and Native Applicants and Grant Recipients

Section 5: DWGs and the Continuum of Resources for Affected Individuals Under Different

Scenarios

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Purpose of this Program Guidance

This program guidance outlines the framework for the National Dislocated Worker Grant

Program, detailing its purpose, policies, priorities, and requirements. Additionally, the guidance includes various examples (see Attachment II) that are intended clarify specific policies, requirements, and expectations.

Part 1: National Dislocated Worker Grant Program Policies

Section 1.A: Types of DWGs

Disaster Recovery DWGs

Description

Disaster Recovery DWGs provide temporary disaster-relief employment, as well as employment and training activities, as appropriate, in response to applicable emergency or disaster declarations as defined in 20 CFR 687.110(b), including public health emergencies. Disaster

Recovery DWGs help address employment and economic recovery from the impact of disasters and emergencies in disaster-declared areas.

Qualifying Events

The following events are eligible for Disaster Recovery DWGs:

1. Emergencies and major disasters, as defined under Section 102 of the Stafford Act (42

U.S.C. 5122), declared by FEMA as eligible for Public Assistance.

2. Emergencies or disaster situations of national significance, natural or man-made, that could result in a potentially large loss of employment, as declared or otherwise recognized and issued in writing by the chief official of a Federal agency with jurisdiction over the Federal response to the disaster or emergency. Federal agency declarations might be made by the Department of Health and Human Services, the

Environmental Protection Agency, the Small Business Administration, Economic

Development Administration, or others. In some cases these declarations, such as the public health emergency declarations for COVID-19 or the opioid epidemic, established a new qualifying event that remains in effect until the qualifying declaration is rescinded or expires.

Not every Federal emergency or disaster declaration will automatically meet the standard for “national significance” as required by WIOA. Applicants requesting a Disaster

Recovery DWG for an emergency or disaster of national significance must demonstrate that a potentially large loss of employment could result from a disaster or emergency.

ETA defines “potentially large” in this context as the potential loss of at least 50 jobs within the disaster area covered by the relevant declaration within the jurisdiction of the applicant.

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3. Relocation of a substantial number of individuals from a state, tribal area, or outlying area affected by a disaster or emergency to other states, tribal areas, or outlying areas outside the disaster or emergency area.

ETA will determine whether a relocation is “substantial” based on the information provided in the DWG application.

Eligible Applicants

Eligible applicants for Disaster Recovery DWGs are the state, outlying area, or Indian tribal governments as defined by the Stafford Act, 42 U.S.C. 5122(6).

Eligible Participants

The following are eligible to receive services provided through a Disaster Recovery DWG, per

20 CFR 687.170(b):

1. Individuals temporarily or permanently laid off as a consequence of the emergency or disaster;2

2. Dislocated workers as defined in WIOA Section 3(15), including displaced homemakers as defined in WIOA Section 3(16); see TEGL 19-16 for more specific information on the flexibilities that WIOA provides to Governors concerning establishing procedures for interpreting and applying the definition of dislocated worker to individuals;

3. Long-term unemployed individuals3, as defined by the state or other eligible entity; or

4. Self-employed individuals who became unemployed or significantly underemployed as a result of the emergency or disaster.

When determining participant eligibility, grant recipients must develop and follow written policies and procedures. Such policies and procedures should address terms such as “laid off as a consequence of the emergency or disaster,” long-term unemployed, and significantly underemployed. (See Attachment II for additional information and examples related to the

Disaster Recovery DWG participant eligibility categories.)

In addition, grant recipient policies must include a protocol for verifying participant eligibility in alignment with WIOA. In situations when disaster events impact the availability of eligibility documentation, self-attestation is acceptable as an eligibility determinant. As is the case in all other WIOA programs, for data elements that allow self-attestation, self-attestation serves as the acceptable documentation and grant recipients do not need to obtain any additional documentation to validate the self-attestation for those elements. Grant recipients who subaward to other entities must ensure that these entities have a process for determining eligibility, which can include self-attestation of characteristics when other documentation is unavailable.

2 This eligibility category provides grant recipients flexibility to identify and enroll participants in a Disaster

Recovery DWG, as it contains several terms that grant recipients can apply to best fit the disaster situation. ETA encourages grant recipients to use this flexibility to enroll and serve the maximum range of eligible participants. See

Attachment II for additional information.

3 This definition of a long-term unemployed individual is unique to the DWG program. Unlike other WIOA Title I

Programs, the DWG program does not require any specific determination of number of weeks unemployed or other factors to qualify as “long-term unemployed.” ETA recommends that states and other entities eligible to apply for

Disaster Recovery DWGs develop a definition for long-term unemployed individuals that is most appropriate to best carry out the Disaster Recovery DWG activities. See Attachment II for additional information.

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Note: Enrollment in a Disaster Recovery DWG is not restricted to individuals impacted by the qualifying event. Enrollment is only limited by eligibility as defined above. That is, grant recipients can enroll individuals who meet the definition of “dislocated worker” in WIOA, and long-term unemployed individuals as defined by the grant recipient, even if the dislocation or the unemployment is not a result of the qualifying event.

Allowable Grant Activities

Disaster-Relief Employment. Disaster Recovery DWGs provide funding for the creation of disaster-relief employment, which is temporary employment of eligible individuals for the purposes described in WIOA Section 170(b)(1)(B) and (d), as well as 20 CFR 687.180(b) and

(c).4 Applicants must demonstrate that any disaster-relief employment to be created under a

Disaster Recovery DWG will be designed or intended to mitigate the humanitarian, physical, or economic impacts of the disaster, and that the work to be performed aligns with the following categories:

1. Cleanup and recovery efforts including demolition, cleaning, repair, renovation and reconstruction of damaged and destroyed structures, facilities and lands located within the disaster area and in offshore areas related to the emergency or disaster; or

2. Employment related to the delivery of appropriate humanitarian assistance in the aftermath of the disaster or emergency; more information on humanitarian assistance is provided below.

Cleanup and Recovery. Cleanup and recovery include a broad set of activities that focus on demolition, cleaning, repair, renovation and reconstruction. Such activities may address damaged facilities, lands, or offshore areas, as appropriate, within the declared disaster area, developed in response to specific disaster events.

Cleanup and recovery activities must be designed to address, mitigate, or otherwise limit the damage, or the health and safety impacts, of the current disaster. Repairs and reconstruction must be of facilities, lands, or offshore areas damaged as a consequence of a declared disaster event. Allowable cleanup activities addressing the impacts of a public health emergency such as the opioid epidemic may be challenging to identify but may include cleaning up used needles to mitigate the spread of hepatitis or other diseases.

WIOA prohibits the use of these funds for new construction or other activities aimed at preventing the impacts of future disasters.

Humanitarian Assistance. Humanitarian assistance generally includes actions designed to save lives, alleviate suffering, and maintain human dignity in the aftermath of disasters. This assistance includes activities supporting projects that distribute food, clothing, shelter and other humanitarian assistance. The humanitarian assistance provided by disaster-relief employment participants must be in response to the impacts or the needs resulting from the disaster situation named in the Federal declaration.

4 Disaster Recovery DWG participants shall be provided benefits and working conditions at the same level and to the same extent as other employees working a similar length of time and doing the same type of work (WIOA

Section 181(b)(5)).

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When using DWG-funded Disaster-Relief Employment to deliver or provide humanitarian assistance, grant recipients cannot use DWG funds to purchase the material goods to be delivered to individuals impacted by the disaster.

Examples of humanitarian assistance in a public health emergency include providing support for addiction treatment services and serving as peer recovery navigators or in other peer-focused positions that support individuals struggling with opioid addiction or recovery from opioid addiction.

Due to the variable nature of emergencies and disasters, ETA will consider humanitarian assistance activities on a case-by-case basis; therefore, applicants are expected to demonstrate that any proposed disaster-relief employment for humanitarian assistance thoroughly addresses the following:

1. How the proposed employment activities and duties are designed to address specific humanitarian assistance needs created by the declared disaster,

2. How the disaster created the need for disaster-relief employment positions; and

3. How the proposed disaster-relief employment will help mitigate the effects of the declared disaster by addressing the humanitarian need.

For more information on what an application must contain, please review the Community Needs

Assessment in Section 2.A below. For examples of cleanup and humanitarian assistance activities, see Attachment II.

The provision of general humanitarian assistance that solely or primarily focuses on the prevention of or planning for future disaster events is not allowable under a Disaster Recovery

DWG. WIOA allows activities that provide prevention and planning for future events only if these activities are incidental to responding to the humanitarian assistance needs created by the current event.

Exception to the Disaster-Relief Employment Requirement. Generally, Disaster Recovery DWG projects must include disaster-relief employment in response to the Federally declared disaster event. As necessary, ETA may approve grants that offer employment and training activities only; such an exception would only be considered in the following situations:

1. Disaster Recovery DWGs are awarded in response to non-Stafford Act disaster or emergency declarations, where the circumstances and nature of the disaster do not allow for cleanup or humanitarian temporary employment opportunities authorized by WIOA;

or

2. Disaster Recovery DWGs are awarded to grant recipients responding to declared disasters in other geographic areas due to an influx of individuals who have relocated to the recipients’ location. In these circumstances, the DWG may provide employment and training activities as the primary activity since participants are outside of the disaster area. However, these grants may also offer participants disaster-relief employment where appropriate.

In alignment with 20 CFR 687.180, grant recipients must develop and follow policies to effectively carry out disaster-relief employment activities.

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Employment and Training Activities. Disaster Recovery DWGs may provide employment and training activities to eligible participants following a qualifying disaster or emergency, per

WIOA Section 170(d)(1)(C). As noted above, DWG funds may provide employment and training activities regardless of an individual’s participation in disaster-relief employment.

As a general goal, employment and training activities should be designed to allow participants to obtain unsubsidized, sustainable, and quality employment following the conclusion of grant-supported activities.

In alignment with both 20 CFR 687.180 and the Uniform Guidance, grant recipients must develop and follow policies to effectively carry out employment and training activities.

To ensure alignment with these requirements, ETA regional office staff are available to work with any state, outlying area, or Indian tribal government that receives a Disaster Recovery

DWG but is unfamiliar with the requirements of WIOA related to allowable employment and training activities.

Participant Enrollment Options. While most Disaster Recovery DWG projects must include disaster-relief employment, not all participants in a Disaster Recovery DWG project are required to participate in disaster-relief employment. Grant recipients may enroll Disaster Recovery

DWG participants in:

• Disaster-relief employment only;

• Employment and training activities only; or

• Both disaster-relief employment and employment and training activities.

Grant recipients should assess the specific needs of each participant, and consider the needs and priorities created by the declared emergency or disaster event, to determine the appropriate disaster recovery activity in which to enroll them: disaster-relief employment, employment and training activities, or both. These activities may occur concurrently, or one may occur before the other.

Supportive Services. Supportive services provide resources or payments that are necessary to enable individuals enrolled in WIOA Title 1 programs to participate in and achieve successful outcomes in WIOA-funded activities.

Supportive services are allowable under Disaster Recovery DWGs when needed to enable individuals to be enrolled in and maintain participation in grant activities. There are two ways that supportive services may be utilized for Disaster Recovery DWGs:

• To enable a participant to participate in disaster-relief employment, and to safely and effectively carry out the job for which they have been hired; or

• To enable a participant to engage in grant-funded employment and training activities or obtain unsubsidized employment.

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Any supportive services provided must be consistent with WIOA, applicable ETA regulations and guidance, and grant recipient policies.5

Other Allowable Activities. To enable successful grant activities and outcomes, support participants in achieving successful placement in unsubsidized employment in good jobs, and better serve participants from marginalized communities, Disaster Recovery DWGs may use grant funds to carry out additional activities. Attachment II includes examples of other activities that may be allowable under a Disaster Recovery DWG.

Applicants are encouraged to describe any of these or other activities as part of the Community

Needs Assessment or other parts of the application for Disaster Recovery DWG funds to help tell the story of the full scope of the kinds of planned interventions.

General Policies: Disaster Recovery DWGs

Limit on Disaster-Relief Employment Duration. Participants in disaster-relief employment positions may be employed for a maximum of 12 months or 2,080 hours, whichever is longer.6

(See Attachment II for information on how this disaster-relief employment limitation may apply in cases where there may be more than one Disaster Recovery DWG operating.)

Note: The limit on employment duration is determined by an individual participant’s hours worked, not by the start date of the grant, or the date of an award of a contract to a Disaster-

Relief Employer.

Participant Wages. In accordance with WIOA Section 181(a)(1)(A), generally, participants must be compensated at the same rates, including periodic increases, shift differential, benefits, or overtime pay, as any employees who are similarly situated working in similar positions at the same employer and who have similar training, experience, and skills. In cases where the

Disaster-Relief Employer does not have any other temporary employees working in similar positions with similar training, experience and skills as the grant participants, DOL interprets this section to require that the employer pay the DRE employees the same as the employer’s permanent employees who are working in similar positions. Such rates must be in accordance with applicable laws but must not be less than the higher of the rate specified in Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable state or local minimum wage law. Where applicable, fringe benefits should be paid in accordance with the benefits that the Disaster-Relief Employer offers its own employees. See Section 2.A for more information on Disaster-Relief Employers.

In cases where the Disaster-Relief Employer does not have other employees doing the same or similar work and with similar training, experience, and skills, grant recipients must ensure that the wages that they will pay to participants:

5 For more information on supportive services, see TEGL No. 19-16

(https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-19-16).

6 Grant recipients may request a grant amendment to extend the period of employment for existing participants for up to an additional 12 months. This amendment request must justify extending participants’ disaster-relief employment, as required by 20 CFR 687.180(b)(1).

https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-19-16

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1. are in alignment with the industry standard for that type of work in the area where the work is to be performed, supported by documentation in the application; or,

2. in the absence of a determinable industry standard, are at least $15 per hour.

These additional wage requirements are beneficial to both workers and communities affected by disasters, as they will ensure that disaster-relief employment funds are used to accelerate the financial recovery of unemployed and underemployed participants. They may also lead to faster hiring and project startup, enabling grant recipients to more quickly deploy DWG funds to mitigate the effects of disasters. Grant recipients must comply with these requirements under the terms and conditions of their grants, which include compliance with agency policy guidance such as TEGLs.

Grant recipients requesting that ETA negotiate different wage terms must provide documentation in the application specifying how particular circumstances warrant different terms and that they are in the best interests of the workers and/or communities being assisted.

Disaster-Relief Employment Locations. Generally, disaster-relief employment must be carried out in the geographic area covered by the qualifying disaster declaration.

Grant recipients must give the highest priority to cleanup of the disaster areas’ most severely damaged public communities, facilities, and property, and to the cleanup and the provision of humanitarian assistance to economically disadvantaged areas within the disaster area. Where possible, grant recipients should prioritize enrollment of eligible individuals most in need of economic support or workforce development services.

While Disaster Recovery DWG projects generally carry out work on public property, work may also be conducted on private property when the following conditions are met:

1. The work must be intended to remove health and safety hazards to the larger community, or to address or alleviate specific economic or employment-related impacts of the disaster, such as cleanup work needed for disaster-affected employers to resume or continue operations;

2. The activities are necessary to remove health and safety hazards on private lands or around homes, businesses or other structures and may only return the land or structure(s) to a safe and habitable level, or operational status, and will not improve the original land or structure(s); and

3. Grant recipients must not use Disaster Recovery DWG funds to cover the cost of materials to do repairs.

Grant recipients must maintain documentation under the Disaster Recovery DWG for all worksites, including the dates and hours worked by each participant. For work on private property, documentation must include the rationale for the determination that such work was allowable under this guidance. Grant recipients are not required to receive prior approval from the Department to work on private property.

Preventing Future Disaster Impacts. Generally, disaster-relief employment under Disaster

Recovery DWGs will not be authorized for activities primarily designed to prevent or address the impacts of future disasters. Under WIOA Section 170(d)(1), DWG activities must be designed to mitigate the effects of the current declared disaster for which the grant was awarded; activities

I - 9 that may prevent future disasters or their impacts are permissible only where such activities are incidental to addressing the impacts of the current disaster or emergency. (See Attachment II for a comparison of activities that may be allowable and those that may not.)

Coordination with Emergency Management Agencies. The grant recipient must coordinate the activities funded under a Disaster Recovery DWG with the appropriate organizations, including state emergency management agencies, to avoid duplication of efforts and to ensure that activities appropriately respond to the affected community’s needs after a disaster. The grant recipient must coordinate with any Federal agencies handling the Federal response to the disaster or emergency in the areas grant recipients are delivering services, either through direct contact or contact with state or local agencies coordinating with these Federal agencies. See Section 2.A below for the information that must be provided in an application to meet this requirement.

Mitigating Environmental Impacts. Disaster Recovery DWG recipients should be aware that any disaster-relief activities carried out, including those under Disaster Recovery DWGs, must comply with requirements of the National Environmental Policy Act (NEPA) and the

Endangered Species Act (ESA). While the state emergency agencies are generally responsible for ensuring NEPA and ESA compliance, Disaster Recovery DWG recipients should communicate with other disaster response officials in the state to ensure that all required steps have been taken, including notification to the Fish and Wildlife Service as required.7

Health and Safety Standards. In all DWG projects, grant recipients must establish written policies specifying that Disaster-Relief Employers ensure that project participants are afforded the same health and safety standards established under Federal and state law applicable to working conditions of permanent employees. To the extent that state workers’ compensation law applies, Disaster-Relief Employers must provide workers’ compensation to project participants on the same basis as individuals in similar employment, as required by WIOA Section 181(b)(4). In cases in which a project participant is not covered under a state workers’ compensation law, based on the status of the Disaster-Relief Employer with whom the participant is placed, the temporary nature of their employment, or another reason, the project participant must be provided with appropriate on-site medical and accident insurance for work-related activities. The grant recipient must also ensure that project participants receive appropriate safety training and ensure safe working conditions in accordance with the Occupational Safety and Health (OSH) Act of 1970.8

Incorporating Additional Disaster Events. Disaster Recovery DWG funds awarded to a grant recipient may be available for expenditure for additional declared disasters or situations of national significance that occur within the same program year the funds were initially awarded.

The addition of disaster events to an existing DWG project requires prior approval from the grant officer through a grant amendment request.

Requirements for Unemployment Insurance (UI) Coverage. In some cases, temporary disaster-relief employment participants may be eligible for unemployment benefits at the conclusion of their employment. Unemployment Insurance eligibility for such individuals is based on state laws and the specific employer for whom they work; state UI laws generally indicate which

7 Grant recipients should consult with the appropriate state agency(ies) or Fish and Wildlife Service office

(https://www.fws.gov/our-facilities?type=%5B%22Conservation%20Office%22%5D) to meet this requirement.

8 For more information, contact the appropriate OSHA field office. A listing of OSHA field offices is available at https://www.osha.gov/contactus/bystate.

https://www.fws.gov/our-facilities?type=%5B%22Conservation%20Office%22%5D https://www.osha.gov/contactus/bystate

I - 10 employers are required to pay relevant UI taxes. DWG funds may be used to pay required UI-related taxes; however, the grant may not be used to pay penalties for failure to remit employer taxes or provide unemployment insurance coverage where required by law.

Employment Recovery DWGs

Description

Employment Recovery DWGs provide resources for eligible applicants to respond to major economic dislocations and their associated economic impacts. Major economic dislocations include plant closures and mass layoffs, closures and realignments of military installations, and other economic events that cause significant job losses.

Early intervention activities are key to gathering demographic information and identifying the needs and interests of affected workers. Therefore, DWG applications are generally expected to reflect the results of early intervention processes and strategies. Applications should be informed by any assessments of participant demographics, current labor market information, business demands, and potential participants’ needs. Evidence from early intervention provides a rationale for enrollment estimates and how proposed grant activities will meet the needs of the participants.

Employment Recovery DWGs provide employment and training assistance to dislocated workers and other eligible participants as described below.

Qualifying Layoff Events

The following are qualifying events which permit an eligible entity to submit an application for

Employment Recovery DWG funding. After receiving the application, DOL will review the application and determine whether to award DWG funding. 20 CFR 687.110(a)(5) states that the

Secretary of Labor may determine additional qualifying events.

Mass Layoff or Plant Closure. Layoffs or plant closures affecting 50 or more workers from at least one employer within the applicant’s service area are a qualifying event for Employment

Recovery DWGs. As long as at least one layoff or plant closure affecting 50 or more workers is documented, applicants are not required to demonstrate more than one layoff of 50 or more workers as part of the qualifying event. However, additional information may be required in an application to substantiate the size and scope of a DWG funding request.

Community Impact. Multiple small dislocations occurring over a period of up to 12 months that have significantly increased the number of unemployed individuals in a state, regional, or local workforce area or areas, often in rural areas, may qualify for an Employment Recovery DWG.

These community impact events might not reach 50 affected workers but create a substantial economic impact.

Higher-than-Average Demand for Services from Dislocated Members of the Armed Services. A higher-than-average demand for employment and training activities for dislocated members of the Armed Services and dislocated military spouses that exceeds state and local resources for providing such activities may qualify for Employment Recovery DWG funding.

I - 11

The higher-than average demand qualifying event, unlike a mass layoff or community impact, requires additional information to demonstrate that the qualifying event described in WIOA section 170(b)(1)(D) has occurred. An applicant will be expected to demonstrate each of the following elements:

1) There is a demand for employment and training services for dislocated members of the

Armed Services and dislocated military spouses that is above average; and

2) This demand for employment and training services by this population will exceed existing state and local resources for providing such services.

An applicant also must demonstrate that the activities in its proposed project will be carried out in partnership with Department of Defense and Department of Veterans Affairs transition assistance programs, as well as other programs serving this population within the American Job

Center (AJC) system or through partner programs, as appropriate.

For a detailed description of how these requirements can be demonstrated in an application, please see Section 2.A below.

Applicants who are not a state workforce agency or local workforce development board (WDB) must coordinate with appropriate local WDBs or with the state to obtain data to determine the demand for employment and training activities for military service members and spouses, as well as information on limitations of available formula funds to meet the higher-than-average demand. WIOA Section 166 Indian and Native American Program-related applicants can coordinate with states or local areas to obtain such data, and ETA will consider alternative data sources from these applicants.

Eligible Applicants

Eligible applicants for Employment Recovery DWGs are:

1. States or outlying areas, or a consortium of states;

2. Local WDBs or a consortium of WDBs;

3. Entities eligible for funding through the Indian and Native American Program in

WIOA Section 166(c);

4. Entities determined to be appropriate by the governor of the state or outlying area involved; or

5. Entities that demonstrate to the Secretary of Labor their capability to effectively respond to circumstances related to particular dislocations.

For items 4 and 5, such entities may include, but are not limited to, unions or labor-management partnerships as appropriate.

See section 2.A for information on the documentation required for the entities identified in items

4 and 5 above to demonstrate their eligibility to apply for Employment Recovery DWGs.

Eligible Participants

For Employment Recovery DWGs, the following individuals are eligible to receive employment and training assistance:

1. Dislocated workers as defined in WIOA Section 3(15), including displaced homemakers as defined in WIOA Section 3(16), dislocated members of the Armed Forces (service

I - 12 members who are transitioning to the civilian workforce) and recently separated veterans who are dislocated. This includes all members of the Armed Forces who were discharged under conditions other than dishonorable.9 See TEGL 19-16 for more specific information on the flexibilities that WIOA provides to Governors with regard to establishing procedures for interpreting and applying the definition of dislocated worker to individuals.

2. Other members of the Armed Forces.10

3. 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 nondefense applications in order to prevent worker layoffs;

4. In the case of the passage of a formal Base Realignment and Closure (BRAC) law, additional Employment Recovery DWG participant eligibility may exist. ETA will issue special program guidance in such cases.

Note: Individuals who have lost their job due to retaliation may meet eligibility requirements at

WIOA 3(15) under certain circumstances.

As with Disaster Recovery DWGs, grant recipients are responsible for developing written policies and procedures for determining participant eligibility. These policies must include a protocol to verify participant eligibility that aligns with WIOA; as in other WIOA programs, self-attestation can be an acceptable way of validating eligibility when other forms of documentation are not easily available. For data elements that allow self-attestation, self-attestation serves as the acceptable documentation and grant recipients do not need to obtain any additional documentation to validate the self-attestation for those elements.

Please note: WIOA does not require that participants served under an Employment Recovery be affected by the layoff(s) that served as the qualifying event; the only qualification that WIOA establishes is that participants must be eligible dislocated workers. Once the qualifying event has been established, an applicant may request funds to enroll and serve eligible dislocated workers in the proposed service area. Applicants may be expected to provide sufficient detail in an application to establish that the requested funding amount and planned participant numbers align with demonstrable needs, as described in Section 2.A below.

9 A basic requirement to qualify as a dislocated worker is that the worker be terminated or laid-off. The term

“terminated” is not defined in the WIOA statute or regulations. It is Department of Labor policy that being discharged, under conditions other than dishonorable, either voluntarily or involuntarily, terminates the employment relationship between the individual and the military for the purposes of the WIOA definition of a…