TEGL 15-22 (Accessible PDF).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 21 2023 RESCISSIONS None EXPIRATION DATE Continuing ADVISORY TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 15-22TO STATE WORKFORC E AGENCIES ALL STATE WORKFORCE LIAISONS FROM BRENT PARTON s Acting Assistant Secretary SUBJECT W orkforce Innovation and Opportunity Act WIOA Adult Dislocated Worker and Youth Activities Program Allotments for Program Year PY 2023 PY 2023 Allotments for the Wagner-Peyser Act Employment Service ES Program and PY 2023 Allotments of Workforce Information Grants to States 1.Purpose. To provide information to states and outlying areas on WIOA Title I Adult Dislocated Worker and Youth Activities program allotments for PY 2023 final PY 2023 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 2023. 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 2023 funds based on unobligated balances of PY 2022 funds in excess of 20 percent of their allotment at the end of PY 2022 6 30 23 Requirements when calculating sub-state allocations to local areas and updated Disadvantaged Youth and Adult data for use in PY 2023 and future WIOA Youth and Adult within-state allocation formulas Funds set aside for evaluations and program integrity Salary caps at the Executive Level II Waivers of the competition requirement for outlying areas and updated 2020 Census data used in the outlying area allotments and New authority for outlying areas to submit an application for a single consolidated grant for Adult Dislocated Worker and Youth funds. 2 b. Background - On December 29 2022 the Consolidated Appropriations Act 202 3 Pub. L. 117 -328 was signed into law from this point forward referred to as the Act . The Act makes PY 20 23 Youth Activities funds available for obligation on April 1 20 23 and funds the WIOA Adult and Dislocated Worker programs i n two separate appr opriations. The first appropriation s for the Adult and Dislocated Worker programs become available for obligation on July 1 20 23 this portio n is commonly referred to as base funds. The second appropriation s for the Adult and Dislocated Worker program s become available for obligation on October 1 20 23 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 20 23 that will be made available on October 1 20 23 were appropriated during FY 20 23 but not made available until FY 202 4 and are called the FY 202 4 advance funds. See Attachment A for details. The Act Division H Title I sec s. 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 20 23 as authorized by the Act the Department has set aside 10 408 000 of the Training and Employment Services TES and 2 556 500 of the State Unemployment Insurance and Employment Services Operations SUIESO appropriations impacted in this TEGL for these activities . ETA reserved these funds from the WIOA Adult Youth Dislocated Worker Wagner -Peyser Act Employment Service and Workforce Information Grant to States program budgets. Any funds not utilized for the se reserve activities will be provided to the states. ETA applied the reductions for evaluations and program integrity from the WIOA Adult and Dislocated Worker programs only to the FY 202 4 advance funding levels base funding is disseminated at the full amount appropriated in the Act. The Act also spe cifies 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 s alary caps are imposed under the Act Division H Title I sec. 105 . The f unds provided to grantees in these allotments must not be used by a recip ient or sub -recipient to pay the salary and bonus es 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 Implementing the Salary and Bonus Limitations in Public Law 109 -234 . WIOA allotments for states are based on formula provisions contain ed in WIOA see Attachment B for WIOA and Wagner -Peyser Act formula descriptions . The Act waives the competition re quirement 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 20 23 outlying area grant amounts are based on the administrative formula determined by the Secretary that was used under the Workforce 3 Investment Act . Note ETA used updated 2020 Census data to calculate the Adult Youth and Workforce Information Grants outlying area allotments. The 2020 Island Areas Censuses IAC operation was impacted by the COVID -19 pandemic. While the enumeration was successful the COVID -19 pandemic impacted the quality of the detailed social economic and housing characteristic data for American Samoa Guam and the U.S. Virgi n Islands. Guidance is available at https www2.census.gov programs - surveys decennial 2020 technical -documentation island -areas -tech -docs 2020 -iac - guidance.pdf . Palau s data was obtained from the 2021 Statistical Yearbook of the Republic of Palau available at https www.palaugov.pw wp - content uploads 2022 07 2021 -Statistical -Yearbook.pdf . Additionally t he Act allows outlying areas to submit a single application according to the requirements established by the Secretary for a consolidated grant for Adult Youth and Dislocated Worker funds. Subject to approval of the grant application and other reporting requirements of the Secretary the Act allows outlying areas receiving a consolidated grant to use th ose funds interchangeably between Adult Youth and Dislocated Worker programs or activities. If an outlying area is interested in consolidating its grants it should contact the appropriate ETA Regional Office. ETA will separately provide outlying areas additional guidance regarding application and reporting requirements associated with the option to consolidate funds. 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 an d 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 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 20 24 . In addition to this TEGL ETA will publish the allotments and descriptions of the allotment formulas in the https www.federalregister.gov . In this Federal Register notic e ETA will invite comments on the allotment formula for outlying areas. 4. WIOA PY 202 3 Allotments . Please see Appendices I through V I for guidance and Attachments A through K 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 https www.dol.gov agencies eta . 6. References . Consolidated Appropriations Act 20 23 Pub. L. 117 -328 4 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 Data for Persons Defined as Disadvantaged Youth and Adults 2016 -2020 https www.dol.gov agencies eta budget formula disadvantagedyouthadults Workforce Innovation and Opportunity Act Pub. L. 113 -128 W agner -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 - 23 4 TEGL No. 2 0-19 Revised ETA -9130 Financial Report Instructions and Additional Guidance and Local Area Unemployment Statistics LAUS Technical Memorandum No. S -22-13 Program Year 20 23 Areas of Substantial Unemployment under the Workforce Innovation and Oppor tunity Act dated August 1 2022 . 7. Attachments . Appendix I WIOA Youth Allotment Activities Appendix II WIOA Adult Allotment Activities Appendix III WIOA Dislocated Worker Allotment Activities Appendix I V Wagner -Peyser Act ES Allotment Activities Appendix V Workforce Information Grants Allotment Activities Appendix V I Submission Requirements and Reporting Attachment A - Program Year 202 3 Funding Attachment B - WIOA and Wagner -Peyser Statutory Formula Descriptions fo r State Allotments Attachment C - WIOA Statutory and Discretionary Formulas for Sub State Allocations Attachment D - WIOA Youth Activities State Allotments PY 202 3 vs PY 20 22 Attachment E - WIOA Adult Activities State Allotments PY 202 3 vs PY 20 22 Attachment F - WIOA Adult Activities PY 202 3 State Allotments July 1 and October 1 Funding Attachment G - WIOA Dislocated Worker Activities State Allotments PY 202 3 vs PY 20 22 Attachment H - WIOA Dislocated Worker Activities PY 202 3 Allotments July 1 an d October 1 Funding Attachment I - Employment Service Wagner -Peyser Allotments PY 202 3 vs PY 20 22 Attachment J - Workforce Information Grants to State Allotments PY 20 23 vs PY 20 22 Attachment K WIOA Youth Adult and Dislocated Worker Outlying Areas Funding PY 2023