TEN_12-17_Attachment-1.pdf

ETA Advisory File Text

1 Attachment A De partme nt of Labor Employme nt and Training Adminis tration ETA Ge ne ral Que s tions and Ans we rs Re garding the Impact of a Laps e in Congre s s ional Appropriation Grants Ope rating Unde r Obligate d Funds This Se ction doe s not apply to Une mployme nt Compe ns ation UC Grants which are addre s s e d in a s e parate s e ction of the docume nt. 1 Que s tion What happe ns if the re is a laps e in appropriations Ans we r Those grants to which the Department of Labor DOL has obligated funds to the grantees will be able to continue operating with funds that already have been made available through grant actions by DOL though there could be issues in accessing funds discussed below. However if there is not a continuing resolution or appropriations act the DOL will be unable to award new grants and there will be delays in making other funding available. In addition grantees will neither have access to federal project officers nor the technical assistance that may be necessary to properly implement the awards. This situation may significantly impact recently awarded new grantees in a negative way. 2 Que s tion How would a gove rnme nt laps e in appropriations impact the De partme nt s ability to monitor the daily activitie s and te chnical and financial pe rformance of its grants Ans we r For most ETA programs staff will not be working to answer questions provide technical assistance or to resolve any technical issues with data or report submissions. Additionally oversight activities and daily functions associated with the grants will cease with the few exceptions discussed in these Q As. 3 Que s tion What impact would a gove rnme nt laps e in appropriations have on the De partme nt s grant re cipie nts if none of the ir invoice s are proce s s e d during this time Ans we r As a standard practice ETA grant recipients with a few exceptions discussed in later Q As draw down funds through the HHS PMS in the amount needed for disbursement. This practice is expected to continue during a period of lapse in appropriations. The remaining unexpended balances should be accessible and the PMS should be operational. However if the grantee expends these balances no new funding can be awarded or made available. Also in the event of problems in PMS technical assistance may be extremely limited or not available. 2 4 Que s tion Will grant modifications be approve d Ans we r Most Grant Modifications will not be processed however ETA has developed a process for identifying and processing Disaster Dislocated Worker Grant DWG actions as discussed further in Q As 23 and 24. Other extremely limited grant actions may occur in instances of an emergency. Pe rformance and Financial Re porting for Grante e s 5 Que s tion Would compe titive and formula grante e s ne e d to re port during a laps e in appropriations Ans we r As long as grantees have funding grantees would continue to be responsible for following all of the terms and conditions of the grant including fiscal and performance reporting requirements. That said grantees should be advised that many of ETA s Management Information Systems such as the Enterprise Business Support System EBSSF and the Workforce Integrated Performance System WIPS will be turned off during a lapse in appropriations and grantees will not be able to access these reports until the government re- opens. Grantees should make back-up documentation plans accordingly. Once the government reopens grantees will be responsible for submitting reports for the next quarterly due date. Contracts M anage me nt 6 Que s tion How would a laps e in appropriations impact the De partme nt s contracts Ans we r Stop work orders may need to be issued to certain contractors depending on various considerations. At this time we do not know which contractors will need to receive stop work orders but your servicing contracting officer will let the affected contractors know at the appropriate time if they will need to stop work. Contractors who do not receive stop work orders should continue performance of your contracts. Many Contracting Officers and Contracting Officer Representatives will not be available during a lapse in appropriations. As a result there may be a delay or inability to process contractor invoices and it is anticipated that payments will not be made until after the government reopens. This is true even if your contract has sufficient funding to allow performance. Please note that there will be some exempt personnel supporting exempt program contracts see the Q As 7-12 relating to Job Corps . If you have additional questions contractors should contact the servicing contract officer. Questions regarding the payments and monitoring of technical and financial performance should be referred to the servicing Contracting Officer Representative. 3 Job Corps 7 Que s tion Will Job Corps ce nte rs have e nough funds to ope rate if the gove rnme nt was to have a laps e in appropriations Ans we r Yes. Job Corps center operations can continue operations in the short run as there is funding for all Job Corps contracts. We cannot at this time estimate the impact on Job Corps centers because we do not know if or how long shutdown lapse in appropriations will last. ETA and the Department will continue to evaluate the funding situation of Job Corps centers during a lapse in appropriations. ETA will provide funding as required. 8 Que s tion What if an incre me ntal obligation is due during a laps e in appropriations Ans we r ETA and the DOL will evaluate the situation of Job Corps centers as the need for incremental obligations arises. ETA plans to take action to provide funds if needed to ensure the health and safety of students. 9 Que s tion Whom s hould I contact if the re is an e me rge ncy at my Job Corps ce nte r Ans we r The Job Corps Regional Director in each region will be working and will serve as the primary point of contact for all center issues in his or her region. 10 Que s tion What if we e xpe rie nce a facility e me rge ncy Ans we r The Office of Job Corps will call upon the expertise of subject matter-related staff such as facilities management personnel on an emergency basis. 11 Que s tion Will the Office of Job Corps continue to conduct s che dule d compliance as s e s s me nts and monitoring trips Ans we r While Job Corps will have a small contingent of Federal staff available to manage the administration of the program these staff will not travel for scheduled routine compliance assessments and monitoring trips in the event of a lapse in appropriations and would only travel for safety and security emergency purposes. The Regional Directors also part of the small contingent will increase desk audit activities to the extent possible to partially offset the inability to travel during this time. 12 Que s tion What can ce nte rs do to he lp Ans we r Job Corps Centers should continue to focus on three critical areas in executing the program s mission 1 safety of students and staff 2 program accountability and 3 student achievement. We ask centers to continue to k eep students the number one priority by providing a safe learning and living environment and helping students achieve their career 4 goals. Corporate offices should increase their accountability activities to monitor center and staff compliance with Job Corps policies procedures and requirements. Grant Compe titions 13 Que s tion What happe ns to Grants .gov if the gove rnme nt s huts down Ans we r Grants.gov is used to publicize grant solicitations and receive applications. HHS anticipates that the Grants.gov system will remain in an operational status but with reduced federal support staff presence should a lapse in appropriations occur. In addition HHS anticipates that the Grants.gov Contact Center will remain available and provide assistance to callers. All application due dates will remain as published. All applications must be submitted by the date and time specified in the FOA. 14 Que s tion Will pote ntial applicants be able to ge t ans we rs to que s tions re late d to the ope n Funding Opportunity Announce me nts FOAs Ans wer Under a lapse in appropriations grants specialists and the program and grants policy staff that would normally provide guidance on answers will not be available. Questions would need to be answered after personnel return to work. Further final grant documentation may be delayed and new grant awards may not be accessible until after DOL resumes normal operations. Trade Adjus tme nt As s is tance TAA 15 Que s tion What ve nue s will be available for the public to file pe titions for TAA be ne fits and s e rvice s Ans we r TAA petitions may be filed using paper petitions via the U.S. Postal Service or faxed to 202 693-3584 202 693-3585 or 202 693-3986. While petitions may be filed there will be no staff available to receive petitions enter petitions into the data system or investigate those petitions during a lapse in appropriations. Further petitioners will not receive a follow-up letter of receipt of petition or customer service contact from staff nor will the status of the petition appear on the Web site until after the government re-opens. The DOL will use the U.S. Postal Service postmarked date as the date of receipt for petitions filed. Likewise the date stamped on all fax transmittals will serve as date of receipt for all filed petitions. Although the public will be able to access the Office of Trade Adjustment Assistance Web site home page for important instructions regarding a lapse in appropriations the public will be unable to submit on-line Trade petitions. Petitioners are encouraged to submit paper petitions using the venues described above. 5 16 Que s tion What ve nue s will be available for worke rs whos e pe titions have be e n de nie d to file re que s ts for re cons ide ration Ans we r Requests for reconsideration should be submitted via the U.S. Postal Service or faxed to 202 693-3584 202 693-3585 or 202 693-3986. While requests may be submitted there would be no staff available to receive the request or to investigate the request until after the government re-opens. DOL will use the U.S. Postal postmark or facsimile date to determine whether the 30 day filing deadline for requests for reconsideration is met. All Trade appeals must be submitted no later than 30 calendar days from the time the determination is entered in the Federal Register notice. During a lapse in appropriations the window of appeal may be adjusted accordingly beyond 30 calendar days after the Government resumes business operations. 17 Que s tion What public communication re s ource s s uch as the ETA Toll Fre e He lpline 1-877- US-2JOB S TTY 1-877-889-5267 will be available to trade- affe cte d worke rs and the ge ne ral public to ans we r que s tions about filing for TAA be ne fits and s e rvice s Ans we r Operator Assistance for the Trade hotline will not be available during a government lapse in appropriations. However any inquiries or messages related to Trade Adjustment Assistance that require technical assistance may be left on the hotline voicemail and will be responded to in the order received once the government reopens. Callers seeking immediate or urgent assistance should access Career One Stop at https www.careeronestop.org where they can find the closest AJC to obtain information about benefits and services under the Trade program. No Federal staff will be available to provide technical assistance answer questions or provide referral information during government lapse in appropriations. 18 Que s tion Will s tate s be able to acce s s available TAA Training Funds from the Re s e rve Account Ans we r States will not be able to receive Reserve Funds for TAA training during a lapse in appropriations because Federal staff will not be available to review requests authorize funds or answer any questions about funding. No initial funding distribution of FY 2018 has been allocated to states. States may continue to use allocated FY 2016 and FY 2017 funds. Once funds run out additional funding for administration of the program will not be available until a continuing resolution or an annual appropriation is enacted. 19 Que s tion Will State s be able to obtain te chnical as s is tance in adminis te ring the be ne fit and s e rvice s provis ions for ce rtifie d trade-affe cte d worke rs Ans we r Since the Office of Trade Adjustment Assistance Federal staff will be unavailable during a government lapse in appropriations all technical assistance questions related to TAA 6 benefits and services should be directed to the State TAA and or Trade Readjustment Allowances Coordinators. 20 Que s tion How will the Office of Trade Adjus tme nt As s is tance de te rmine the date ne w pe titions are re ce ive d whe n s taff is not available to acce pt ne w pe titions during a laps e in appropriations and what is s ue s will re s ult from that de lay Ans we r Since there will be no Federal staff available to receive petitions enter petitions into the data system or investigate those petitions during a lapse in appropriations DOL will use the U.S. Postal Service postmarked date as the date of receipt for a filed petition. Likewise the date stamped on any fax transmittal will serve as date of receipt for all filed petitions. Although the public will be able to access the Trade Adjustment Assistance Web site home page for important instructions regarding lapse in appropriations the public will be unable to submit on-line Trade petitions. A lapse in appropriations would result in a delay to the start or continuation of the investigation and the 40-day period for issuing determinations. Adversely affected workers who are waiting for a determination may be served under a partner program such as WIOA or a DWG but the delay in issuing determinations will result in a delay in workers being able to access TAA-funded benefits and services. Also the impact date date of earliest coverage of a petition is one year before the date the petition was signed not the date it was received therefore there will be no effect on the earliest date of coverage. The program regulations require that the petition date may not be more than 30 days before the filing date so if the DOL receives a petition dated more than 30 days before the filing date the DOL will amend the petition date to be in compliance with the regulations and the impact date will be one year before the amended petition date. 21 Que s tion Will de cis ions on pe titions that are curre ntly unde r inve s tigation be de laye d Ans we r Yes. Federal staff would not be conducting investigations during a lapse in appropriations therefore determinations will be delayed. Fore ign Labor Ce rtification 22 Que s tion The DOL s goal is to make a de cis ion on labor ce rtification applications to e mploye rs within a s pe cifie d numbe r of days . If the re is a gove rnme nt laps e in appropriations how will this affe ct the numbe r of days allowe d to proce s s an application Ans we r In the event of a government lapse in appropriations processing in the foreign labor certification programs will be suspended and therefore timelines extended which may cause delays in decisions in applications in those programs. 7 Dis locate d Worke r Grants DWG 23 Que s tion The DOL s goal is to make a de cis ion on DWGs within 45 working days of re ce iving a comple te and fundable DWG application. If the re is a gove rnme nt laps e in appropriations will the clock continue ticking during this time Ans we r If a government lapse in appropriations occurs no action will be taken on pending DWG applications and modifications during this time with the exception of Disaster DWG requests see Q A 24 . DOL will resume analyzing DWG applications and modification requests when government operations resume and will try to abide by the 45 working day policy for complete and fundable applications plus the number of days the government has a lapse in appropriations. In the event of a lengthy lapse in appropriations the Department may be unable to meet this goal. 24 Que s tion Will dis as te r DWG applications be acce pte d during a gove rnme nt laps e in appropriations Ans we r If a government lapse in appropriations occurs the DOL will have a staff person monitoring the DWG electronic application system to determine if any new Disaster DWG applications are submitted as a result of any Federal Emergency Management Agency FEMA or other Federal agency disaster declarations during lapse in appropriations period. The Department will continue to analyze and award new Disaster DWG applications and financial increment requests only during this time although turnaround times could be prolonged as a result of staffing restrictions. Re gis te re d Appre ntice s hip 25 Que s tion What would be the impact of a gove rnme nt laps e in appropriations on Re gis te re d Appre ntice s hip activitie s Ans we r ETA through the Office of Apprenticeship OA is the Registration Agency in 25 states. Federal staff is directly responsible for the registration of new programs and oversight of new and existing programs and apprentices in these states. Generally program sponsors in these states would experience delays in registration of new programs and new apprentices and verification of their status as registered apprenticeship programs during this period in which Federal staff is unavailable to complete these registrations or verify an employer s status as a bona fide registered apprenticeship program. Such delays may impact some employers ability to hire new apprentices and or to bid on new projects that require proof of registered apprenticeship program status. Federal staff would not be able to issue Davis-Bacon certifications necessary to verify that an apprentice is registered with OA and therefore can be paid less than the prevailing wage. Without such certifications employers could be found to be violation of wage and hour laws and regulations. 8 Apprentices who complete an apprenticeship during the period of a government lapse in appropriations would experience delays in receipt of the certificates of completion of apprenticeship which could affect their wages. In many licensed trades in order to sit for the licensing examination the apprentice must present proof of a DOL Completion Certification. Without this certificate apprentice graduates who are unable to complete the licensure examinations would then experience delays in receiving wage increases associated with being a licensed professional in their skilled trade. Apprenticeship sponsors and the 25 states that have State Apprenticeship Agencies would also be affected by the lapse in appropriations through the deactivation of Registered Apprenticeship Partners Information Data System RAPIDS the online tool used to report data on apprenticeship programs and apprentices causing a backlog in data reporting and the inability to retrieve data. Regarding Apprenticeship grant programs the impacts of a lapse in appropriation on grants activities is explained earlier in this document. Ele ctronic Tools 26 Que s tion Will the DOL ETA Toll-Fre e He lpline be available during a laps e in appropriations Ans we r No. The ETA Toll-Free Helpline at 1-877-US-2JOBS TTY 1-877-889-5627 that provides information to job seekers and others will not operate. 27 Que s tion What about the Workforce GPS ETA s te chnical as s is tance we bs ite for workforce profe s s ionals will individuals be able to acce s s the we bs ite Ans we r The WorkforceGPS website will continue to be accessible. However the content would not be refreshed under a lapse in appropriations. Certain other national websites such as servicelocator.org careeronestop.org and mynextmove.org would also continue to operate. Une mployme nt Compe ns ation 28 Que s tion What will happe n with une mployme nt compe ns ation UC during a laps e in appropriations Additionally for ne w claimants how will a gove rnme nt laps e in appropriations affe ct proce s s ing time Ans we r State agencies are responsible for processing UC applications and paying benefits and will continue doing so for continuing claimants and new claimants as long as allocated administrative funds remain available See Q A 30 . States will be able to withdraw benefit funds from appropriate accounts to pay eligible claimants. Claims processing for 9 Unemployment Compensation for Federal Employees UCFE and Unemployment Compensation for Ex-Servicemembers UCX could be delayed since Federal agencies may not have staff available to provide needed wage and separation information to process these claims. See Q A 34 29 Que s tion Will s tate s be able to pay UCFE and UCX be ne fits during a fe de ral s hut- down Ans we r Yes. These benefits would continue to be paid as long as allocated administrative funds remain available. Since Federal agencies would be shut down states may need to rely on claimant affidavits and self-certification related to separation reason and earnings information. This documentation should include earnings and leave statements. See Q A 34 30 Will adminis trative funds be available for re gular compe ns ation UCFE UCX Exte nde d B e ne fits EB and Trade Adjus tme nt As s is tance TAA including Trade Re adjus tme nt Allowance s TRA Alte rnative Trade Adjus tme nt As s is tance ATAA and Re e mployme nt Trade Adjus tme nt As s is tance RTAA Ans we r Administration of all these programs is funded through a grant all funds allocated to states before a lapse in appropriations may be used after the lapse in appropriations in accordance with the grant agreement. However once those funds run out additional funding for administration of these programs will not be available until a continuing resolution or an annual appropriation is enacted. 31 Will funding for Dis as te r Une mployme nt Ins urance DUA be available Answe r Yes. Excepted staff at DOL will be made available to process DUA funding authorizations from the Federal Emergency Management Agency FEMA and FEMA will have excepted personnel available to process disaster requests. 32 Que s tion Should s tate s continue to s ubmit Une mployme nt Ins urance UI re quire d re ports Ans we r States will continue to submit UI required reports just as they did before the lapse in appropriations using the same process software and deadlines. Please be aware there will be no technical or operational support available. 33 Que s tion Will the re be any re s trictions on State trans fe rs to the ir accounts in the Une mployme nt Trus t Fund UTF Ans we r There will be no restrictions on state transfers to the UTF. 10 34 Que s tion Will the re be anyone available in Fe de ral age ncie s to ge t information on wage cre dits and re as on for s e paration for Fe de ral Employe e s who file for UI be ne fits Ans we r The answer to this question is currently unknown however if a Federal agency does not respond to a Form 931 Request f or Wage and Separation Inf ormation within the allotted time within 12 days of the request date the state agency will follow normal operating procedures using an affidavit process to determine both monetary and non-monetary eligibility. States will complete a Form 935 Claimant s Af f idavit of Federal Civilian Service Wages and Reason f or Separation and ask the claimant to provide credible evidence of Federal employment such as a Standard Form 50 SF-50 earnings and leave statements or a W-2. One copy of the Form 935 will be forwarded to the Federal agency and one copy retained by the state as supporting documentation. Some Federal agencies may have staff working during a lapse in appropriations to complete the Form 931. 35 Que s tion Will the we e kly UC claims re port be publis he d Ans we r No Federal staff will not be available to publish the weekly claims report. 36 Will the Exte nde d B e ne fits EB trigge r notice s be publis he d and if not what information will be use d to de te rmine e ntitle me nt s tatus for claimants Ans we r The EB trigger notice will be published during the lapse in appropriations using the latest available information. States will continue to report Insured Unemployment Rate IUR triggers on the ETA 539 report as the Department will have excepted personnel available to review and approve state determinations. Upon approval states will follow the usual process to publicize and notify claimants of any IUR change. 37 If Total Une mployme nt Rate TUR trigge r data is not available during the laps e in appropriations and afte r re s umption of ope rations TUR trigge r data s how that a s tate s EB s tatus would have change d abs e nt the laps e in appropriations will s tate s be re quire d to re troactive ly change a claimant s e ntitle me nt s tatus for the affe cte d we e ks and e ithe r pay additional amounts or atte mpt to colle ct be ne fits paid that would not have be e n paid abs e nt the laps e in appropriations Ans we r If the lapse in appropriations is more than three weeks in duration entitlement status determined by the TUR indicator will be determined by new trigger notices issued retroactively only for the last three weeks of the appropriations. See 20 CFR 615.12 d . 38 How do s tate s s ubmit IUR trigge r de te rminations during a gove rnme nt laps e in appropriations Ans we r See response to question 36. If there are reporting problems the phone number to contact excepted unemployment compensation personnel at the Department is 202 693- 11 3029. Messages will be returned. Documents can be submitted by FAX at 202 693-3229. These phone numbers are NOT toll free. 39 How do s tate s contact e xce pte d pe rs onne l in ETA s Office of Une mployme nt Ins urance Ans we r The phone number to contact excepted personnel at ETA s Office of Unemployment Insurance is 202 693-3029. Messages will be returned. Documents can be submitted by FAX at 202 693-3229. These phone numbers are NOT toll free. Othe r 40 Que s tion What impact if any would this have on any pe nding rule making deadline s Ans we r Depending on the length of the possible government lapse in appropriations it could mean that regulation development is delayed and therefore might affect the current Regulatory Agenda next action dates. For Notices of Proposed Rulemaking with open public comment periods please check the www.regulations.gov website for guidance on submitting public comments. 41 Que s tion Will the re be any additional cos ts burde ns impos e d on grante e s during a laps e in appropriations Ans we r It is not possible to determine any additional costs at this time.