TEGL_16-19_Acc.pdf

ETA Advisory File Text

EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington D.C. 20210 CLASSIFICATION WIOA Wagner-Peyser CORRESPONDENCE SYMBOL OWI DATE April 23 2020 RESCISSIONS None EXPIRATION DATE Continuing ADVISORY TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 16-19TO STATE WORKFORCE AGENCIES ALL STATE WORKFORCE LIAISONS FROM JOHN PALLASCH s Assistant Secretary SUBJECT Workforce Innovation and Opportunity Act WIOA Adult Dislocated Worker and Youth Activities Program Allotments for Program Year PY 2020 PY 2020 Allotments for the Wagner-Peyser Act Employment Service ES Program and the Allotments of Workforce Information Grants to States for PY 2020 1.Purpose. To provide information to states and outlying areas on WIOA Title I Adult Dislocated Worker and Youth Activities program allotments for PY 2020 PY 2020 allotments for the Wagner-Peyser Act ES Program as required by section 6 b 5 of the Wagner-Peyser Act as amended and the allotments of Workforce Information Grants to states for PY 2020. 2.Action Requested. States must follow the requirements in this guidance to obtain the federal funds needed to manage their programs. 3.Summary and Background. a.Summary - This document provides grantees with guidance and information including How to obtain the federal funds covered by the TEGL and financial reporting requirements The potential for reallotment of PY 2020 funds based on unobligated balances of PY 2019 funds in excess of 20 percent of their allotment at the end of PY 2019 6 30 2020 Requirements when calculating sub-state allocations to local areas Funds set aside for evaluations Salary caps at the Executive Level II and Waivers of the competition requirement for outlying areas. b.Background - On December 20 2019 the Further Consolidated Appropriations Act 2020 Pub. L. 116-94 was signed into law from this point forward referred to as the Act . The Act makes PY 2020 Youth Activities funds available for obligation on April 1 2020 and funds the WIOA Adult and Dislocated Worker programs in two separate 2 appropriations. The first appropriations for the Adult and Dislocated Worker programs become available for obligation on July 1 2020 this portion is commonly referred to as base funds. The second appropriations for the Adult and Dislocated Worker programs become available for obligation on October 1 2020 this portion is commonly referred to as advance funds because they are provided in the appropriations act passed during the fiscal year immediately before the fiscal year when the funds are available. For example funds for PY 2020 that will be made available on October 1 2020 were appropriated during FY 2020 but not made available until FY 2021 and are called the FY 2021 advance funds. See Attachment A for details. The Act Division A Title I secs. 106 b and 107 allows the Secretary of Labor Secretary to set aside up to 0.5 percent of each discretionary appropriation for activities related to program integrity and 0.75 percent of most operating funds for evaluations. For 2020 as authorized by the Act the Department has set aside 818 000 of the Training and Employment Services TES appropriations for evaluations. ETA reserved these funds from the WIOA Adult Youth and Dislocated Worker program budgets. Any funds not utilized for these reserve activities will be provided to the states. ETA applied the reductions for evaluations from the WIOA Adult and Dislocated Worker programs only to the FY 2021 advance funding levels base funding is disseminated at the full amount appropriated in the Act. The Act also specifies that the Secretary may reserve no more than 10 percent of the Dislocated Worker National Reserve funds to provide technical assistance and carry out additional activities related to the transition to WIOA. Additionally salary caps are imposed under the Act Division A Title I sec. 105. The funds provided to grantees in these allotments must not be used by a recipient or sub-recipient to pay the salary and bonuses of an individual either as direct costs or indirect costs at a rate in excess of Executive Level II. The rates of basic pay for the Executive Schedule are found at https www.opm.gov policy-data-oversight pay-leave salaries-wages . States also may establish lower salary caps. See TEGL No. 5-06. WIOA allotments for states are based on formula provisions contained in WIOA see Attachment B for WIOA and Wagner-Peyser Act formula descriptions . The Act waives the competition requirement regarding funding to outlying areas i.e. American Samoa Guam Commonwealth of the Northern Mariana Islands the Republic of Palau and the United States Virgin Islands . For PY 2020 outlying area grant amounts are based on the administrative formula determined by the Secretary that was used under WIA. WIOA specifically included the Republic of Palau as an outlying area except during any period for which the Secretary of Labor and the Secretary of Education determine that a Compact of Free Association is in effect and contains provisions for training and education assistance prohibiting the assistance provided under WIOA. No such determinations prohibiting assistance have been made WIOA sec. 3 45 B . WIOA updated the Compact of Free Association Amendments of 2003 Pub. L. 108-188 December 17 2003 so that the Republic of Palau remained eligible for WIOA Title I 3 funding. See 48 U.S.C. 1921d f 1 B ix . The National Defense Authorization Act for Fiscal Year 2018 Pub. L. 115-91 December 12 2017 Division A Title XII Subtitle F sec. 1259C c authorized WIOA Title I funding to Palau through FY 2024. In addition to this TEGL ETA will publish the allotments and descriptions of the allotment formulas in the Federal Register. In this Federal Register notice ETA will invite comments on the allotment formula for outlying areas. 4. WIOA PY 2020 Allotments. Please see Appendices I through V for guidance and Attachments A through J for formula descriptions and allotment tables. 5. Inquiries. Questions regarding these allotments may be directed to the appropriate Regional Office. Information on allotments and planning requirements may also be found on the ETA Web site at http www.doleta.gov. 6. References. Further Consolidated Appropriations Act 2020 Pub. L. 116-94 The National Defense Authorization Act for Fiscal Year 2018 Pub. L. 115-91 December 12 2017 Division A Title XII Subtitle F sec. 1259C c Balanced Budget and Emergency Deficit Control Act of 1985 as amended Title II of Pub. L. 99-177 Bipartisan Budget Act of 2018 Pub. L. 115-123 Budget Control Act of 2011 Pub. L. 112-25 Training and Employment Guidance Letter TEGL No. 14-17 Updated Disadvantaged Youth and Adult Data for use in Program Year PY 2018 and future Workforce Innovation and Opportunity Act WIOA Youth and Adult Within-State Allocation Formulas Workforce Innovation and Opportunity Act Pub. L. 113-128 Wagner-Peyser Act as amended 29 U.S.C. 49 et seq. Compact of Free Association Amendments of 2003 Pub. L. 108-188 TEGL No. 5-06 Implementing the Salary and Bonus Limitations in Public Law 109- 234 and Local Area Unemployment Statistics LAUS Technical Memorandum No. S-19-15 Program Year 2020 Areas of Substantial Unemployment under the Workforce Innovation and Opportunity Act dated August 1 2019. 7. Attachments. Appendix I WIOA Youth Allotment Activities Appendix II WIOA Adult Allotment Activities Appendix III WIOA Dislocated Worker Allotment Activities Appendix IV Wagner-Peyser Act ES Allotment Activities Appendix V Workforce Information Grants Allotment Activities Appendix VI Submission Requirements and Reporting Attachment A - Program Year 2020 Funding 4 Attachment B - WIOA and Wagner-Peyser Act Statutory Formulas for State Allotments Attachment C - WIOA Statutory and Discretionary Formulas for Sub-State Allocations Attachment D - WIOA Youth Activities State Allotments Comparison of PY 2020 Allotments vs PY 2019 Allotments Attachment E - WIOA Adult Activities State Allotments Comparison of PY 2020 vs PY 2019 Allotments Attachment F - WIOA Adult Activities PY 2020 State Allotments July 1 and October 1 Funding Attachment G - WIOA Dislocated Worker Activities State Allotments Comparison of PY 2020 Allotments vs PY 2019 Allotments Attachment H - WIOA Dislocated Worker Activities PY 2020 State Allotments July 1 and October 1 Funding Attachment I - Employment Service Wagner-Peyser PY 2020 vs PY 2019 Allotments Attachment J - Workforce Information Grants to States PY 2020 vs PY 2019 Allotments