TEGL 14-21.pdf

EMPLOYMENT AND TRAINING ADMINISTRATION

ADVISORY SYSTEM

U.S. DEPARTMENT OF LABOR

Washington, D.C. 20210

CLASSIFICATION

Trade Adjustment Assistance

CO

RRESPONDENCE SYMBOL

OTAA

DATE

June 15, 2022

RESCISSIONS

None

EXPIRATION DATE

Continuing

ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 14-21

TO: STATE WORKFORCE AGENCY ADMINISTRATORS

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: BRENT PARTON

Acting Assistant Secretary

SUBJECT: Fiscal Year (FY) 2022 Trade Adjustment Assistance (TAA) Training and Other

Activities (TaOA) Grant Management Guidance

1. Purpose. To assist State Workforce Agencies (SWAs) or agencies designated by Governors as “Cooperating State Agencies” (CSAs) (also jointly referred to as “States,” “Recipients,”

“Grantees,” “Applicant,” or “You”) in gaining access to FY 2022 TAA Program TaOA funds by completing and submitting Standard Form (SF) 424, Application for Federal Assistance, through www.grants.gov.

2. Action Requested. SWA Administrators are requested to immediately provide copies of this guidance to all staff involved in the preparation and submission of the SF-424s for TAA

Program grant awards. SWA Administrators are asked to ensure that the staff person or persons responsible for performing these activities are fully aware of the required FY 2022

TAA Program TaOA grant application processes and timelines. The Department of Labor

(“Department” or “Grantor”) is requesting that each SWA Administrator ensure that the

SF-424 for TaOA grant funding for their state is submitted to the Employment and Training

Administration (ETA) via www.grants.gov within 30 calendar days from the issue date of this

TEGL.

3. Summary and Background.

a. Summary - This guidance provides instructions to states on the required process for accessing FY 2022 TaOA funds. TAA Program TaOA funds provided under this grant award may be used to cover the cost of training, employment and case management services, job search allowances, relocation allowances, and related state administration. To access FY 2022 funds for Trade Readjustment Allowances (TRA) for http://www.grants.gov/ and Alternative Trade Adjustment Assistance/Reemployment Trade Adjustment

Assistance (ATAA/RTAA), states should continue to follow standard procedures, as they have previously, and contact their assigned Federal Project Officer (FPO) if they have questions regarding these funds.

b. Background - The Trade Act Title II, Chapter 2, established the Trade Adjustment

Assistance for Workers (TAA), ATAA, and RTAA programs. These programs, collectively referred to as the Trade Adjustment Assistance Program (TAA Program), provide assistance to workers who have been adversely affected by foreign trade.

Under Section 239 of the Trade Act, as amended, each state, as agent of the

Department, receives applications and provides benefits and services to eligible workers certified to receive TAA Program benefits. Each state provides these services through one or more state agencies, one of which is designated as the CSA in an agreement between the state’s Governor and the U.S. Secretary of Labor

(Secretary); this agreement is known as the Governor-Secretary Agreement1. The

Governor-Secretary Agreement explains program requirements, limitations on the use of TaOA funds, and other important grant provisions, including the TAA

Program Annual Funding Agreement (AFA), that states must comply with in order to access TAA Program funding. The Standard Terms and Conditions template that governs the TAA Program grant award is available at:

https://doleta.gov/grants/resources.cfm. Attachment III of this TEGL sets out the

TAA Program Requirements.

The Department and each state must execute an AFA at the beginning of the FY. As detailed in Section 4.b below, each state must submit a signed Application for Federal

Assistance Standard Form-424 (SF-424) (Office of Management and Budget

Approval No. 4040-0004) through www.grants.gov in order to initiate the grant award process, which culminates with the execution of the AFA.

4. Application and Grant Award Process.

a. Application Process - The Department strongly encourages states to begin the submission process through www.grants.gov promptly, as it is often time consuming and could take several weeks for successful completion. In addition to other information requested on the SF-424, each state must: 1) enter the announcement number of this TEGL, ETA-TEGL-NO-14-21, 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 estimated dollar amount of funds requested for FY 2022.

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.

b. Grant Award Process - Upon receiving the application submitted by a state, the Department’s Office of Grants Management (OGM), in conjunction with the Office of Trade Adjustment Assistance, will review the application materials and request revisions as necessary. Once approved, OGM will incorporate the application with

The Department revised and entered into new Governor-Secretary Agreements with each state in FY 2016. These Agreements remain in effect.

https://doleta.gov/grants/resources.cfm http://www.grants.gov/ https://www.grants.gov/ the 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 FPO. 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, and 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.

c. SF-424 TaOA Funding Estimates – Due to the flexible nature of the overall funding scheme for TaOA activities, at the point in time in the FY that ETA issues this grants management guidance and the initial allocation guidance, we do not know the actual annual TaOA award amounts for each state. Thus, a more flexible estimate is needed. Attachment I of this TEGL sets out the amount that has been calculated by ETA for each state’s SF-424 estimated funds request for this FY. This amount is provided specifically for purposes of completing the SF-424. For the TAA program, the SF-424 Field 18 funding request is not determinative of the actual award amounts; however, Field 18 is important as it serves as a cap on the amount that ETA may distribute to the state for the FY. In other words, the estimate on each state’s SF-424 must be higher than, or at least equal to, the actual funds that will be awarded for the FY. Based on experience with the funding process, ETA determines the estimates in Attachment I by using both the funding formula factors and a standard 50 percent “cushion.” ETA uses this method to decrease the likelihood that a state will need to amend and resubmit its SF-424 during the FY grant cycle.

A state’s actual annual TaOA cumulative funding award is determined by the funding formula set out in 20 CFR 618.910(f), including formula factors designed to reflect current TaOA needs. As reflected in 20 CFR 618.900 et. seq., cumulative annual TaOA funding is also impacted by the recalculation of the formula prior to the award of funds later in the FY, and by any reserve funding requests, among other things.2

As a result of these adjustments during the FY, the formula-based funding estimates calculated early in the FY often vary from the actual award amounts determined later in the FY.

As mentioned in Section 4.a. above, we request that states enter the amount of their applicable estimate from Attachment I in Field 18 of the SF-424. Please note that if at the time ETA awards FY 2022 TaOA funds in the Initial Allocation or Final

Distribution, the amount a state entered in Field 18 of the SF-424 is lower than the cumulative total of funds being awarded at that time, ETA will ask the state to submit a new SF-424 with a revised estimate in Field 18.

2 The regulations at 20 CFR § 618.900 and 20 CFR § 618.930 prescribe the timing for distribution of FY TaOA funds to states as follows: the Initial

Allocation, as soon as possible after the beginning of the FY, but not before the Department receives its full FY appropriation; the Second Distribution by July 15 of each FY; and the Final Distribution of funds before the end of the FY.

https://www.dol.gov/agencies/eta/grants/management https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftaa.workforcegps.org%2F&data=02%7C01%7CRussell.Frankie%40dol.gov%7Cfebbc0b37851436f648908d7d68472f6%7C75a6305472044e0c9126adab971d4aca%7C0%7C0%7C637213736654711071&sdata=Nyxui%2FaUBoHsS9dyWcCqGiLY2z5kP4bvMQrjx35EAKA%3D&reserved=0 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

5. Inquiries. For further informa tion about this announcement, please contact Rahel Bizuayene, Grants Management Specialist, OGM, at (202) 693-3438. Applicants should e-mail all technical questions to bizuayene.rahel@dol.gov and must specifically reference ETA-TEGL-NO-14-21 and their question(s), and include a contact name, fax, and phone number with the inquiry. This TEGL is available at https://www.grants.gov.

6. References.

• Consolidated Appropriations Act, 2022, Division H, (Pub. L. 117-103), enacted March 15, 2022;

• 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.);

• 20 CFR part 618, Trade Adjustment Assistance for Workers, Subpart I;

• Training and Employment Guidance Letter (TEGL) No. 15-12, Delivery of Benefits and Services to Trade Adjustment Assistance (TAA) Program Recipients through the American Job Center Network Delivery System;

• TEGL No. 16-16, One-Stop Operations Guidance for the American Job

Center Network, and its Change 1;

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

• TEGL No. 3-19, Real Property Under Employment and Training Administration-

Funded Grants;

• TEGL No. 17-19, Fiscal Year (FY) 2020 Trade Adjustment Assistance (TAA) Training and Other Activities (TaOA) Grant Management Guidance;

• TEGL No. 14-20, Initial Allocation of Fiscal Year (FY) 2021 Trade Adjustment Assistance (TAA) Program Training and Other Activities (TaOA) Funds and Process for Requesting TAA Reserve Funds;

• TEN No. 2-20, Announcing the Release of the Trade Adjustment Assistance (TAA) for Workers Final Rule and Amended Information Collections Associated with this Rulemaking;

• TEGL No. 2-21, Second Distribution of Fiscal Year (FY) 2021 Trade Adjustment Assistance (TAA) Training and Other Activities (TaOA) Funds and Process for Requesting TAA Reserve Funds; and

• TEGL No. 4-21, Modification Requirements for Workforce Innovation and Opportunity Act (WIOA) State Plans for Program Years (PYs) 2022 and 2023.

7. Attachments.

• Attachment I: Estimated Fiscal Year (FY) 2022 TAA Program TaOA Funding Levels, by State

• Attachment II: Award Description

• Attachment III: TAA Program Requirements

• Attachment IV: Additional Grants.gov Submission Instructions for TaOA Funding mailto:bizuayene.rahel@dol.gov

ATTACHMENT I

Estimated Fiscal Year (FY) 2022 Trade Adjustment Assistance Program

Training and Other Activities (TaOA) Funding Levels, by State1

I-1

States are requested to enter the amount set out in this chart for their state on their Application for Federal Assistance, SF-424 as the FY 2022 TaOA estimated funding level. These estimated amounts are consistent with §§20 CFR 618.910-930. Section 4.c. of this guidance provides additional information about how the estimated amounts are calculated. Throughout the FY, ETA will calculate actual amounts for each state for the Initial Allocation, (combined with the Second Distribution for FY 2022) and the final Distribution and inform states of these amounts in guidance. For FY 2022, TaOA funds are subject to the Balanced

Budget and Emergency Deficit Control Act of 1985 (BBEDCA), as amended by the Budget Control Act of 2011 (BCA) (also known as sequestration), which requires a reduction in the TaOA funding authority of 5.7 percent, which the Department applies to TaOA funds. Actual TaOA funding amounts for each state will reflect reductions to TaOA funding due to sequestration, as well as any funds awarded to states during the FY through reserve requests.

State FY 2022 State Estimates Alabama $ 8,083,517.00 Alaska $ 0.00 Arizona $ 1,109,231.00 Arkansas $ 6,555,344.00 California $ 10,792,161.00 Colorado $ 5,754,831.00

Connecticut $ 5,397,749.00 Delaware $ 351,537.00

District of Columbia $ 0.00 Florida $ 3,645,738.00 Georgia $ 5,952,207.00 Hawaii $ 0.00 Idaho $ 1,064,586.00

Illinois $ 11,746,887.00 Indiana $ 13,320,528.00 Iowa $ 7,045,079.00

Kansas $ 19,593,150.00 Kentucky $ 4,852,907.00 Louisiana $ 1,630,161.00

Maine $ 365,580.00 Maryland $ 2,031,963.00

Massachusetts $ 8,958,240.00 Michigan $ 10,944,074.00 Minnesota $ 10,413,621.00 Mississippi $ 2,996,409.00 Missouri $ 7,431,420.00 Montana $ 0.00 Nebraska $ 1,829,184.00 Nevada $ 238,146.00

New Hampshire $ 472,371.00 New Jersey $ 4,436,703.00

New Mexico $ 4,691,850.00 New York $ 15,456,417.00

North Carolina $ 4,859,222.00 North Dakota $ 370,524.00

Ohio $ 7,602,197.00 Oklahoma $ 5,567,883.00

Oregon $ 22,644,657.00 Pennsylvania $ 23,230,752.00 Puerto Rico $ 167,486.00

Rhode Island $ 0.00 South Carolina $ 3,849,783.00 South Dakota $ 2,101,734.00

Tennessee $ 3,510,354.00 Texas $ 25,342,553.00 Utah $ 3,457,854.00

Vermont $ 560,027.00 Virginia $ 7,889,717.00

Washington $ 31,510,755.00 West Virginia $ 6,502,247.00

Wisconsin $ 10,000,671.00 Wyoming $ 0.00 US Total $ 336,330,007.00 1

ATTACHMENT II

Award Description for Trade Adjustment Assistance (TAA) Program

Training and Other Activities (TaOA) Grants

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Award Description. Under the authority of the Trade Act of 1974 as amended, States must comply with information provided in the Notice of Award which the Department provides at the time of the award, TAA Program regulations, applicable program guidance, applicable agreements governing the TAA Program such as Governor-

Secretary Agreement, and the Annual TAA Funding Agreement,

1. Purpose: States may use the 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, job search allowances, and relocation allowances to adversely affected workers. TEGL No. 15-21, provides additional information regarding the use and purpose of TAA program TaOA funds.

2. Activities to be Performed: The TAA Final Rule published in the Federal Register on August 21, 2020, applicable statutes, and guidance governing the TAA Program describe States’ responsibilities and specify the activities states must perform regarding the use of TAA program TaOA funds.

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 FY 2022 Federal Unemployment Benefits and Allowances section of the President’s Annual Budget.

4. Intended Beneficiaries: TaOA grant funds are intended to serve adversely affected workers, i.e., 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 certified as eligible to apply for adjustment assistance under subpart A; (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 to which subrecipients must comply, are set out in the TAA Annual Funding Agreement, which upon grant award, DOL sends to each grantee.

https://www.dol.gov/agencies/eta/tradeact/law/regulations https://www.dol.gov/sites/dolgov/files/general/budget/2022/CBJ-2022-V1-06.pdf

ATTACHMENT III

TAA Program Requirements

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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 TaOA funds provided under this grant award may be used to cover the cost of training (and related costs), employment and case management services, job search allowances, relocation allowances, and related state administration.

Funds for TRA, ATAA, and RTAA are governed by the Federal requirements, guidance and terms and conditions of the Unemployment Insurance Annual Funding Agreement (AFA).

B. States’ Responsibilities. The TAA Final Rule, 20 CFR Part 618, 85 FR 51896 (August 21, 2020); and Agreements 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, in addition to TEGL No. 16-16, One-Stop Operations Guidance for the American Job Center (AJC) Network, TEGL No. 17-16, Infrastructure Funding of the

One-Stop Delivery System, and TEGL No. 04-20, Guidance on Integrating Services for

Trade-Affected Workers under the Trade Adjustment Assistance Program (TAA Program) with the Workforce Innovation and Opportunity Act (WIOA) Title I Dislocated Worker

(DW) Program, provide guidance on states’ responsibilities for ensuring that the 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. 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. As explained in the Required

Elements for Submission of the Unified and Combined State Plan and Plan for Modifications under WIOA, under WIOA and the Trade Act, as amended, states must integrate TAA

Program services into their one-stop delivery system; provide rapid response and appropriate career services to worker groups on whose behalf a petition has been filed; and disseminate benefit information that provides workers an accurate understanding of the TAA Program’s benefits and services in such a way that it is transparent to the worker applying for them.

States must also use their state’s AJCs as the main point of contact for participant intake and delivery of TAA benefits and services. For additional information about this and other State

Plan requirements, see TEGL No. 04-21, Modification Requirements for Workforce

Innovation and Opportunity Act (WIOA) State Plans for Program Years (PYs) 2022 and

2023.

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 https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8772 https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8772 https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=4968 https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=4968 https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=6273 https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=6273 https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=6273 https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=6273 https://wdr.doleta.gov/directives/corr_doc.cfm?docn=8216 https://wdr.doleta.gov/directives/corr_doc.cfm?docn=8216 https://wdr.doleta.gov/directives/corr_doc.cfm?docn=8216

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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 physically present at the one-stop center or staff person who is multi-funded and is 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 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 group and individual eligibility requirements of the TAA Program. In this example, the partner staff member has been trained on TAA Program eligibility requirements, as well as how to search for and file a TAA petition. Once the Department renders a determination on a petition, the partner staff member will connect the worker to appropriately trained one-stop center staff who can further assist them. If the petition is certified, the worker is eligible to apply for individual benefits and appropriately trained one-stop center staff must guide them through the application and enrollment process. This option allows the customer to receive high-quality service through the one-stop center in a timely manner.

The third option, 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.”

The flexibility provided through the three optional methods for assuring customer access to required one-stop center partner services and activities at the comprehensive centers ensures that the TAA Program remains accessible through the one-stop center network.

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 fully comply with all 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, became effective on September 21, 2020.

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

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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) Consolidated Appropriations Act, 2022, Division H, (Pub. L. 117-103), enacted

March 15, 2022;

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. 15-12, Delivery of Benefits and Services to Trade Adjustment

Assistance (TAA) Program Recipients through the American Job Center Network

Delivery System;

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

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

Administration-Funded Grants;

k) TEGL No. 10-19, Technical Assistance regarding the Submission Deadline for the Unified and Combined State Plans under the Workforce Innovation and

Opportunity Act (WIOA) for Program Years (PYs) 2020-2023 and Other Related

Requirements;

l) TEGL No. 13-20, Fiscal Year (FY) 2021 Trade Adjustment Assistance (TAA)

Training and Other Activities (TaOA) Grant Management Guidance; and

m) TEN No. 02-20, Announcing the Release of the Trade Adjustment Assistance

(TAA) for Workers Final Rule and Amended Information Collections Associated with this Rulemaking.

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. As provided at 20 CFR 618.860 (c)(2), the requirements and restrictions related to real property in 2 CFR 200.439, including compliance with 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 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://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=6696

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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. 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

WIOA sec. 239(i), as well as under 2 CFR part 200, including 2 CFR

200.331through 2 CFR 20.333, 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;

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; and,

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))

i. Oversight and monitoring. Each recipient and subrecipient of funds under the Act must conduct regular oversight and monitoring of its program and those of any subrecipients and contractors,

ii. Resolution of subrecipient-level findings.

(1) The Governor is responsible for resolving findings that arise from the monitoring reviews, investigations, other Federal monitoring reviews, 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.

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(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 pass-through entity, the pass-through entity must ensure that the subrecipient has written monitoring and resolution procedures in place that are consistent with 2 CFR part 200.

iii. Resolution of state findings.

(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. Requirements and restrictions for nondiscrimination and equal opportunity, which are provided in 29 CFR part 38, Implementation of the

Nondiscrimination and Equal Opportunity Provisions of WIOA.

C. Use of Funds. Funds obligated under this grant award may be used for training (and related costs), employment and case management services, job search allowances, relocation allowances, and related state administration costs incurred in the provision of TAA Program benefits and services to trade-affected workers in accordance with the requirements of the

Trade Act, as amended, in effect at the time of filing of the petition under which the workers are covered. ETA strongly recommends that recipients expend funds with the shortest period of availability first. The following limitations apply to TAA Program TaOA appropriated funds awarded to the state under this grant award:

1) State expenditures for employment and case management services costs must not be less than, but may exceed 5 percent of TaOA funds awarded in a FY, and;

2) State expenditures for related state administration costs must not exceed 10 percent of the total amount of TaOA funds awarded to the state in a FY. Note: If the state does not use the entire 10 percent of funds allocated for related state administration, the state may use the remainder for allowable activities within the rest of TaOA, such as employment and case management, training, and job search and relocation allowances.

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

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use some or all of the unexpended and/or unobligated balance of such funds provided to the recipient within a reasonable period of time. Underutilized funds will be recaptured only after notification to and consultation with the Recipient.

E. Recapture and Reallotment of FY Funds. In addition to the information provided in the deobligation of funds clause above, section 245(c) of the Trade Act of 1974, as restored by the TAARA 2015, provides that the Secretary may recapture and reallot funds that were allotted to any state to carry out employment and case management services, training, job search allowances, and relocation allowances, that remain unobligated by the state during the second or third fiscal year after the funds were obligated, and reallot those funds to states in need.

F. 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, 2 CFR 2900.20 through 2900.22, 20 CFR 617.52(c) and 617.59(f), or 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 benefits or services.

G. 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.

H. Administrative and Program Costs. The administrative cost limit of the FY 2022 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).

ATTACHMENT IV

Additional Grants.gov Submission Instructions for (TaOA) Funding

IV-1

Additional Submission Instructions. Recognizing that submission of documentation for

TAA Program TaOA funds for FY 2022 through www.grants.gov is the same procedure the Department instructed grantees to follow to apply for FY 2021 TaOA funds, the following is provided to augment the instructions available on the www.grants.gov website.

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 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; however, it is closed on federal holidays. Note, the links in the sections below require Internet Explorer version of 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. The deadline for submitting SF-424s via www.grants.gov for TAA TaOA funding is 30 calendar days from the issue 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 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/web/grants/applicants/workspace-overview.html.

Workspace is a shared online environment that allows organizations or individuals to apply for federal grants by enabling simultaneous access and edit of different forms within a single application. To access complete instructions, see https://www.grants.gov/web/grants/applicants/apply-for-grants.html. To apply for FY 2022 TaOA grant funds once you have logged into Workspace, select Search Grants at:

https://www.grants.gov/web/grants/applicants/apply-for-grants.html, and enter ETA-

TEGL- NO-14-21 in the Opportunity Number field of the Basic Search Criteria box.

Be careful to use the specific syntax: ETA-TEGL-NO-14-21.

http://www.grants.gov/ 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/web/grants/applicants/workspace-overview.html https://www.grants.gov/web/grants/applicants/apply-for-grants.html https://www.grants.gov/web/grants/applicants/apply-for-grants.html

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3. Important Information.

• Completing your grant application requires you to enter your organization’s

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

https://apply07.grants.gov/apply/register.faces. Note, if you already have a www.grants.gov account and know or can retrieve your AOR’s logon information using the Forgot Username or Password function, you do not need to register another account to apply for FY 2022 TaOA grant funds.

• When you submit your 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.

o 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 new identifier is being called the

Unique Entity Identifier (UEI), or the Entity ID. Each applicant must have a UEI number available and must be registered with the www.SAM.gov before submitting an SF-424 Form in www.grants.gov. SAM.gov is an official government website that allows you to: 1) register to do business with the U.S. government; 2) update or renew your entity registration; 3) check 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. Also, item #15 of the SF-424 must indicate the amount of Indirect Costs claimed by the recipient, if any.

• 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 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

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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/web/grants/applicants/applicant-faqs.html.

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

https://www.grants.gov/web/grants/applicants/applicant-%20faqs.html https://www.grants.gov/web/grants/applicants/applicant-%20faqs.html http://www.grants.gov/ https://www.grants.gov/web/grants/manage-%20subscriptions.html https://www.grants.gov/web/grants/manage-%20subscriptions.html