Skip to content
  ETA Home   Recovery Act Resources>    

Implementing Workforce Investment Act and Wagner-Peyser Funding under the American Recovery and Reinvestment Act of 2009


Recovery.gov


Table of Contents


WIA and Wagner-Peyser Implementation

Fiscal Administration

Within-State Allocations

1. How should within-State allocations be calculated? Can a state use January - December 2008 unemployment data for within-state allocations for all WIA programs rather than the July 2007 through June 2008 period used by ETA to distribute the Adult and Youth funds to States?
A. No. TEGL 13-08 specifically states in Section 5.B and 6.B that states are to use the same reference periods for the data factors used by ETA to allot funds and to use PY2008 as the prior year hold-harmless. This will ensure that within-state allocations are made consistent with ETA allotment distributions.

Financial Reporting

2. When will the first financial report on Recovery Act funds be required?
A. Recovery Act funds were allotted to the states in March, 2009, and are available for expenditure beginning February 17, 2009. States are required to submit the appropriate ETA 9130 financial reports for the quarter ending March 31, 2009. These reports are to be submitted using the online reporting system no later than May 15, 2009. Additional information on financial reporting requirements, including additional reporting requirements under the Recovery Act, will be forthcoming.

Limits on Funds

3. Can WIA and Wagner-Peyser Recovery Act funds support training or summer youth work experiences at a golf course, casino, or swimming pool?
A. No. Section 1604 of the Recovery Act prohibits States, local governments, or any private entity from using stimulus funds for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. Under this prohibition, Recovery Act funds may not be used to support these types of organizations through employment and training services such as on-the-job training (OJT), customized training, and use of funds at summer employment worksites. This provision does not apply to regular, annual formula WIA allotments. ETA has determined that the Recovery Act restriction does not prohibit labor exchange functions, including employment at such facilities, under either Recovery Act funding or regular, formula-based funding under the Wagner-Peyser Act, as these resources do not provide direct financial support to such organizations. Jobs at these types of organizations may be listed in job banks and individuals may be provided referrals and placement assistance for such jobs.

Note that this restriction does not extend to all employers that have swimming pools, golf courses, etc. on site. For example, for youth summer employment, a young person could be placed with an organization such as a city park or a YMCA that has a swimming pool or golf course on site. However, that young person's work experience should not include pool or golf-course responsibilities. By the same token, this restriction is not about lifeguarding generally, and does not restrict the workforce system from using Recovery Act funds at summer employment worksites such as beaches or lakes. Also, as stated above, regular formula funds under WIA do not carry the restriction pertaining to these organizations, and may be used under the requirements of WIA to support job training at these organizations.

Monitoring and Audits

4. How will ETA monitor state implementation of Recovery Act funds? What will happen if Recovery Act costs are questioned in an audit?
A. State spending of Recovery Act formula funds will be integrated into ETA's ongoing regional monitoring workplans and ETA regional offices will provide technical assistance as needed. If the use of funds is questioned in an audit, it will be resolved through the standard audit resolution process, and options for any repayment will be decided at that time. Both the DOL Office of the Inspector General and the Government Accountability Office will be monitoring the expenditure and use of funds under the Recovery Act as part of their monitoring responsibilities for Recovery Act implementation.

Workforce Investment Act and Wagner-Peyser Rules and Regulations

1. Are Recovery Act funds subject to all Workforce Investment Act (WIA) and Wagner-Peyser rules and regulations?
A. WIA and Wagner-Peyser funds provided under the Recovery Act are subject to all WIA and Wagner-Peyser rules and regulations, except where otherwise specified in the Recovery Act, the terms of the grant, or in formal ETA guidance. TEGL 14-08 identifies Recovery Act rules as they pertain to WIA formula and Wagner-Peyser programs. Many of the Recovery Act exceptions to WIA and Wagner-Peyser rules and regulations pertain to WIA Youth formula funds and Reemployment Services. Additional examples include the Recovery Act requirement that the workforce system give low-income individuals priority of service under the Recovery-Act funded WIA adult formula program, and the Recovery Act waiver policies developed by ETA..

Priority of Service

2. WIA and the Recovery Act both mention priority of service for recipients of public assistance and other low income individuals in the Adult formula program. How should this priority be applied in the context of Recovery Act funds?
A. For intensive and training services under the Recovery Act WIA Adult program, local areas must give priority to recipients of public assistance and other low-income individuals as described in WIA section 134(d)(4)(e). Unlike the normal formula-funded WIA program, the Recovery Act priority applies regardless of whether funds are limited in the local area or not. For more information, TEGL 14-08 sections 6 and 11.A. address priority of service for recipients of public assistance and other low-income individuals under the Recovery Act.
3. Will USDOL be requiring priority of service for low-income populations for the Dislocated Worker program?
A. The priority of service for recipients of public assistance and other low-income individuals does not apply to the WIA Dislocated Worker program, either under WIA or under the Recovery Act.
4. How should priority of service for low-income populations be applied in conjunction with priority of service for veterans and eligible spouses?
A. For all WIA and Wagner-Peyser Act programs, states and local areas must provide veterans and eligible spouses priority of service, as specified in the Jobs for Veterans Act and its implementing regulations at 20 CFR part 1010. When veterans priority is applied in conjunction with the priority for recipients of public assistance and other low-income individuals, veterans and eligible spouses who are also recipients of public assistance or low-income would receive first priority. The second priority would be recipients of public assistance and other low-income individuals who are not veterans or eligible spouses. TEGL 14-08 sections 11.C. and 12.C address veterans priority of service.

Determining Low-Income eligibility

5. What flexibility do states or local areas have in changing how they define "low income" for the purposes of determining eligibility under WIA?
A. States and local areas must use the definitions provided in WIA 101 (25) in determining low-income status for WIA programs. ETA does not have the authority to waive statutory eligibility criteria for WIA funded activities. The Lower Level Standard Income Level (LLSIL), which is one of several criteria that can be used in determining low-income status under WIA, is determined annually by the Secretary of Labor. The 2009 LLSIL was published in the Federal Register on March 26, 2009 and can be accessed here: http://edocket.access.gpo.gov/2009/pdf/E9-6618.pdf.

Governor's Set Aside

6. Will the Adult, Dislocated Worker, and Youth funds be subject to the same sub-state distribution guidelines as are regular formula funds?  That is, will there be a 15 percent governor's set aside for the Recovery Act allocations?
A.

Yes. TEGL 13-08 provides that states are able to reserve up to 15 percent of Adult, Dislocated Worker, and Youth formula program allotments under the Recovery Act for statewide workforce investment activities, and up to 25 percent of the Dislocated Worker allocation for statewide rapid response activities, as specified in WIA section 133. States should distribute remaining funds to local areas in accordance with WIA section 133. See sections 6.B. and 7.B. of TEGL 13-08 for additional information on within-state allocations of Adult and Dislocated Worker Recovery Act funds (and see section 5.B. for information on allocations of Recovery Act Youth funds).

State Administrative Costs

7. Will the WIA Adult and Dislocated Worker state level administrative cost set-asides apply to Recovery Act funds?
A.

Yes. As part of the 15 percent that a state may reserve for statewide activities, the state may spend up to 5 percent of the amount allotted for WIA Adult, Dislocated Worker and Youth on administrative costs of statewide workforce investment activities. Local areas can spend up to 10 percent of the amount allocated for WIA Adult, Dislocated Worker and Youth for administrative purposes (20 CFR 667.210(a)).

Contracting with Institutions of Higher Education New

8. ARRA allows for direct contracts with "institutions of higher education and other training providers." How does ETA define these terms?
A.

The term "institutions of higher education" refers to the definition provided in 20 USC Sec. 1002 the Higher Education Act, which is the definition of institution of higher education for purposes of student assistance programs. We interpret this term so as to be consistent with the Higher Education Act and with the term "postsecondary institution" in the WIA.

As stated in the law, the term "institution of higher education" means an educational institution in any State that -

  1. admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate;
  2. is legally authorized within such State to provide a program of education beyond secondary education;
  3. provides an educational program for which the institution awards a bachelor's degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree;
  4. is a public or other nonprofit institution; and
  5. is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.

The term also includes

  1. a proprietary institution of higher education (as defined in subsection (b) of 20 USC 1002);
  2. a postsecondary vocational institution (as defined in subsection (c) of 20 USC 1002);

Local areas are encouraged to read and comply with the full definition provided in 20 USC 1002, which can be accessed here.

The term "other eligible training providers" refers to training providers listed on the state’s eligible training provider list.

9. Can Local Workforce Investment Boards award the contracts for training to institutions of higher education, such as community colleges, as discussed in section six on page six of TEGL 14-08, without going through a competitive selection process?
A.

ARRA and ETA's implementing guidance in TEGL 14-08 allow for direct contracts with institutions of higher education without the use of the Eligible Training Provider List or an Individual Training Account.  States and local areas must continue to follow all applicable local, state, and federal procurement requirements.

State Policies

State Policies for Recovery Act Funds

1. Can states set their own policies for Recovery Act funds? Can a governor require the WIBs to carry out certain priorities or program focus using their stimulus funds?
A. Yes, states may set parameters around how local areas use Recovery Act funds, as long as state policies are consistent with federal laws, regulations and other guidance. States that establish such policies much describe them in the WIA/Wagner-Peyser Act State Plan, as required under WIA section 112(b)(2).  Most states describe their statewide policies in response to Question VI in the Standalone State Plan Guidance, which is not one of the questions ETA asked all states to answer in their modifications due June 30, 2009.  Therefore, states that set statewide policies for Recovery Act funds may attach such policies as an appendix, or incorporate a discussion of these policies into their modification.  
2. What discretion does the Governor have in reprogramming Recovery Act funds?
A. Recovery Act funding may only be used for authorized WIA and Wagner-Peyser Act activities as provided in TEGL 14-08. These funds must be used to supplement annual WIA/Wagner-Peyser appropriations and must only be used for activities that are in addition to those otherwise available in the local area (WIA sec. 195(2)). To that end, Recovery Act funding is to be spent concurrently with other WIA and Wagner-Peyser funding, and should not be used to replace state or local funding currently dedicated to workforce development and summer jobs. Normal WIA transfer provisions apply to these funds, but Governors do not have the discretion to reprogram funds outside the bounds of the Recovery Act and WIA.

WIA Youth Program Implementation

Required Youth Services

1. If youth participate in summer activities only, funded by Recovery Act funds, will they be required to: (1) receive an objective assessment, (2) have an individual service strategy, and (3) receive follow-up services as required by WIA?
A. For youth who participate in summer activities only, local areas are required to conduct an objective assessment leading to an individual service strategy for each participant. Regarding summer employment opportunities, states and local areas have flexibility in their program design. Likewise, the determination of types of objective assessments and intensiveness of follow-up services is left to the local area's discretion. Local areas may provide follow-up services when deemed appropriate. Further information is provided in TEGL 14-08 section 16.  

Serving Out-of-School Youth

2. Will the 30 percent out-of-school youth expenditure requirement apply to Recovery Act funds?
A. Yes. The requirement that local areas expend a minimum of 30 percent of funds on out-of-school youth applies to the Recovery Act funds. Further information on supporting older/out of school youth during non-summer months may be found in TEGL 14-08, section 16.C

Administering a Summer Youth Employment Opportunity Program

3. Does administering a summer youth employment opportunity program include all components of running the program, including elements like work site supervision, or does administering the program only include components such as intake, assessment and individual service strategy? In other words, can the grant recipient/fiscal agent run the whole summer employment opportunities program?
A. Yes. The grant recipient/fiscal agent, as provided in 20 CFR 664.610, is authorized to administer summer youth employment opportunities. This would include all functions related to the implementation of the summer efforts.

Work Readiness Indicator

4. For the work readiness outcome, must the youth obtain a nationally recognized certification or are local areas allowed to use a local pre and post test to document gains?
A. A nationally recognized certification is not required for the work readiness indicator. Local areas are required to determine whether a measurable increase in work readiness skills has occurred through a pre- and post-assessment, just as they do now for all WIA youth. It is acceptable for a local area to use a local pre- and post-test to document gains.

Paying Youth

5. Do local areas have the flexibility to determine whether to pay wages or provide stipends for subsidized summer youth employment.
A. Sometimes. If the youth is not an employee under the Fair Labor Standards Act or State law, then the local area has discretion to pay wages or a stipend. However, if the youth is an employee pursuant to the FLSA or State law, the local area must pay wages in accordance with that law. The Wage and Hour Division (1-866-4-USWAGE) can provide additional information on whether an individual is an employee under the FLSA, and whether training provided to employees is compensable.

Work Experience

6. Can work experience under the recovery act include any type of construction or retrofitting of buildings type training?
A. According to 20 CFR 664.470, funds under the Act may be used to pay wages and related benefits for work experiences in the public, private, for-profit sectors, and non-profits sectors. This would include construction-related work experience, where the objective assessment and individual service strategy indicate that this work experience is appropriate. The allowable costs of work experience are generally limited to participant training costs such as wages or support services. In a construction setting, it is important to note that 20 CFR 667.260 prohibits the costs of construction or purchase of a building except in very limited circumstances and in this instance, it is the costs of the work experience that are allowable. In addition, youth laobor laws and Occupational Health and Safety Act (OSHA) regulations must be followed.
7. Please provide clarification of the language on p.28 of TEGL 14-08 stating "youth summer employment should be a work experience intended to increase work readiness skills of participants and not impact the profit margin of a for-profit company." 
A. Under 20 CFR 664.460(c), the purpose of work experience for youth is to provide the youth participant with opportunities for career exploration and skill development and is not to solely benefit the employer or increase company revenue. In light of this, work experience should be designed as a training activity and participants cannot be considered as the equivalent of regular employees.

Additionally, if the activity is construction-related, the wages paid to participants may need to conform to the prevailing wage requirements identified in the Davis Bacon Act, and local areas would need to determine this.

Flexibility for Summer Employment Opportunities

8. The Recovery Act only requires a work readiness indicator to be used for youth who participate in summer employment.  Can states also use a work readiness indicator for youth who only participate in work experience?
A.

If a youth participates in a work experience between May 1 - September 30, it would be considered summer employment and the work readiness indicator would be the only measure that would apply.  If a youth participates in work experience outside the summer months, states may request a waiver of the youth performance measures (either the seven statutory youth measures or the common measures as applicable) to apply to Recovery Act funds for out-of-school youth ages 18 to 24 served beyond the summer months who participate in work experience.  This waiver would allow states to use the work readiness indicator as the only indicator of performance for such out-of-school youth, the same measure that applies to summer youth only participants.  The waiver would only be applicable for the first six months following the summer of 2009 (i.e., October 2009 to March 2010).  The waiver would only apply to youth served through WIA Youth program funds made available through the Recovery Act.

In recognition that many older and out-of-school youth would need supportive services to enable them to participate in work experience, this waiver can be applied to out-of-school youth ages 18 to 24 that receive supportive services in addition to participating in work experience. The waiver would not apply to such youth participating in other WIA youth program elements.

9. Are there other areas of flexibility for serving youth who only participate in work experience?
A.

In TEGL 14-08, ETA has indicated that certain program design flexibility is available to states and local areas for providing summer employment opportunities to youth. States may request a waiver to apply this program design flexibility to youth ages 18 to 24 who participate in work experience outside the summer months. Such a waiver would only apply to youth served through WIA Youth program funds made available through the Recovery Act, and would only be applicable for the first six months following the summer of 2009 (i.e., October 2009 to March 2010). This program design flexibility includes the following:

  • Flexibility in providing the required 12 months of follow-up services, to allow local areas to provide follow-up services when deemed appropriate.
  • Flexibility to determine the type of assessment and Individual Service Strategy for youth, to allow local areas to provide the type of assessment deemed appropriate for each individual.

In recognition that many older and out-of-school youth would need supportive services to enable them to participate in work experience, this waiver can be applied to out-of-school youth ages 18 to 24 that receive supportive services in addition to participating in work experience. The waiver would not apply to such youth participating in other WIA youth program elements.

10. What information is required to request a workforce indicator performance waiver or a program design flexibility waiver for youth who only participate in work experience?
A. States must provide a detailed justification for the waiver. In addition to the required elements listed in WIA section 189(i)(4)(b), the waiver request must address planned dates of service, continued service plans for participants served under the waiver, such as a transition to the WIA Adult program (i.e., co-enrollment in WIA Adult services) or further education and training activities under WIA or Recovery Act funded youth services.

Additional Services for Summer Youth

11. If an individual is only in the summer youth employment (May 1 - September 30), may the local board pay for other services besides work experience?
A. Yes. There are no specific statutory provisions under WIA or the Recovery Act that would preclude local areas from utilizing funds to pay for additional services for a youth who requires supportive services, tutoring, or mentoring or any other allowable service to help them complete their training.  States and local areas have flexibility to determine the types of additional services provided based upon local program design and participant needs, taking into account their capacity to provide such services.
12. Would a participant receiving additional services during enrollment in the summer employment component have to be counted in the common measures?
A. No. The work readiness portion of the skill attainment rate will be the only indicator used for youth that participate in "summer employment" only. Summer employment must include a work experience and may include any set of allowable WIA youth services that occur during the summer months (May 1 - September 30). Further details may be found in TEGL 14-08, section 16.E.

Tracking Recovery Act Youth Funds

13.  Will DOL require states/local workforce areas to track Recovery Act expenditures dedicated to summer youth separately from Recovery Act expenditures for year-round youth activities?
A. No. States and local areas do not need to track summer youth activities separately from year-round youth activities under the Recovery Act. However, the Recovery Act requires that all expenditures related to the Recovery Act funding be accounted for and reported separately from regular WIA and Wagner-Peyser formula funds. States and local areas must implement methods to account for and report Recovery Act funds appropriately, including cost allocation methods.

Services for Individuals Aged 22 - 24

14.  If an individual is in the adult program but falls within the revised youth eligibility age limits, could they participate in subsidized youth work experience under the Recovery Act?
A. Yes, individuals between the ages of 21 and 24 who would usually be served under the WIA adult or dislocated worker formulas can be served with Recovery Act youth formula funds, provided such individuals meet all of the other youth formula eligibility requirements and want to do a subsidized youth work experience.
15. Are youth ages 22 to 24 who participate in the summer employment program funded by the ARRA prohibited from receiving additional ARRA-funded WIA Youth services at the completion of the summer timeframe?
A. No. Youth in the 22 to 24 age category may receive continued services funded by Recovery Act during non-summer months beyond the September 30 date, which ends the summer period. The Act does not limit the use of the Recovery Act funds for only summer employment; any youth activities under WIA are allowable for these older youth. 
16.  Is a youth 24 years of age eligible for summer and year round programming?
A. The increase in age eligibility to 24 is for all youth activities under the Recovery Act, including both summer and year round programming. However, this is only for Recovery Act funding and does not apply to the regular WIA youth funding where age eligibility remains through age 21.

Eligibility Determinations

17. If a youth has already been determined eligible and enrolled in WIA, may they be served with Recovery Act funds without an additional eligibility determination?
A. Yes. If youth have already met the WIA eligibility criteria and are enrolled in WIA, including youth receiving only follow-up services, they may be served with Recovery Act funds without an additional eligibility determination.
18. What are the income guidelines for eligibility for youth to be served under the Recovery Act?
A. Eligibility determination for Recovery Act WIA youth programs is the same as eligibility determination for regular WIA youth formula funds, with the exception of the expansion of age eligibility to 14 - 24 years for Recovery Act funds. To be eligible for services under the Recovery Act youth formula, an individual must be between the ages of 14 - 24, have a listed barrier, and be a low-income individual. The term "low income individual" is defined at Section 101 (25).  See also 29 CFR 664.200.
19. Will there be a provision that allows for flexibility to expand youth eligibility criteria to include those whose parent(s) have been laid off, to allow these individuals to participate in summer employment under the Recovery Act.
A. No. Other than the age increase to 24 years old, all other WIA youth eligibility criteria, including the low-income requirement, remain the same. To determine income eligibility, family income is measured during the 6-month period preceding the application for services. ETA does not have the authority to waive program eligibility criteria.

Follow-up for Summer Youth

20. Will there be a requirement that follow-up be conducted with youth who participate in summer employment?
A.

Due to the short summer time period, local areas have the discretion to determine if and when the 12 month follow-up requirement will be required for youth served with Recovery Act funds during the summer months only. Local areas should provide follow-up services when deemed appropriate for such individuals.

If local areas choose to provide follow-up services for summer employment, the scope of follow-up services may be less intensive for youth who have only participated in summer youth employment.

Waivers

Application of Waivers to Recovery Act Funds

1. Will WIA and Wagner-Peyser waivers that are approved for the formula funds also apply to the Recovery Act funding?
A.

Not automatically. Pending re-review of waivers as part of modified state plans for PY 2009, approved WIA and Wagner-Peyser waivers may apply to Recovery Act funding, with three exceptions. The following waivers will not be approved for Recovery Act funding:

  • Waiver of the funds transfer limit between Adult and Dislocated Worker programs.
  • Waiver of the limitation on the use of funds for capitalization of businesses at WIA section 181(e).
  • Waiver to permit the state to use a portion of rapid response funds to conduct statewide activities, including incumbent worker training. (However, states may submit a waiver plan to ETA that requests that this waiver apply to Recovery Act funds for the purpose of utilizing incumbent worker training as part of the state's lay-off aversion strategies).

Youth Program Implementation

2. Will ETA consider providing a waiver of WIA youth procurement requirements in order to expedite the process of selecting providers for summer youth employment?
A.

While ETA is committed to the principles of accountability and competitive procurement in accordance with the Recovery Act, we recognize that selecting service providers as quickly as possible is critical to developing and implementing quality summer youth employment opportunities for the summer of 2009. Therefore, states may request a waiver of the requirements at WIA section 123 and 20 CFR 664.610 for the purpose of procuring summer youth employment providers. This waiver will allow states to utilize certain non-competitive procurement processes in the selection of service providers. Specifically, for the purpose of satisfying WIA youth procurement requirements, states may request a WIA waiver that would permit the selection of summer youth employment providers using their current processes for:

  • Expanding existing competitively procured contracts by a certain percentage; or
  • Conducting an expedited, limited competition among service providers with proven records of success in providing youth services.

The waiver is not to be construed as ETA approval of the selections but rather approval to use these procedures as a method of identifying summer youth employment providers , provided that such procurements meet Office of Management and Budget requirements and state and local procurement rules.

Such a waiver would only apply to the summer employment program element and only for the summer of 2009. The waiver would only be applicable to WIA Youth program funds made available through the Recovery Act.

3. My state and local area do not allow expedited or emergency procurement processes, such as expanding existing contracts or conducting a limited competition. Would a WIA waiver permit the use of such a procurement process to select a provider for summer youth employment?
A. The Department only has the authority to waive the provisions of WIA. We will waive the requirement in WIA regarding the competitive selection of youth service providers, provided that the selection processes comply with OMB requirements. States and local areas must resolve any conflict between the waiver and state/local requirements.
4. Does a WIA waiver override Office and Management and Budget requirements relating to procurement?
A.

No. A WIA waiver would only pertain to the provisions in WIA regarding the requirement for competitive selection of youth service providers. The alternate procedures authorized under the waiver must comply with Office of Management and Budget requirements codified in 29 CFR Parts 95.40-95.48 and 97.36.

5. My state would like to submit a request for a waiver of WIA youth procurement requirements as soon as possible. Is public comment required prior to submitting the waiver request? If so, what is the required length of time for the public comment period?
A.

Public comment is required for all waiver requests, including a request to waive WIA youth procurement requirements. WIA does not require a specific length of time for public comment on waivers, but WIA regulations require that states ensure meaningful public comment on the waiver. Given the need to procure as quickly as possible the service providers necessary to develop and implement summer youth employment opportunities for the summer of 2009, states will need to balance expediency with the importance of public comment in determining an appropriate length of time for public comment. In addition, the waiver comment period must be consistent with the state's existing procedures for public comment, as outlined in the State Plan.

6. What information is required to request a waiver of WIA youth procurement requirements?
A.

States must provide a detailed justification for the waiver. In addition to complying with the requirements of 20 CFR 661.420, the waiver request must:

  • Describe reasonable accountability safeguards against unfair procurement practices;
  • Assure compliance with state and local procurement laws and policies; and
  • Describe how states will publicly announce summer employment providers, consistent with the emphasis on transparency in the Recovery Act.

WIA Adult and Dislocated Worker Transfer

7. Since the waiver of the funds transfer limit between the Adult and Dislocated Worker programs does not apply to Recovery Act funding, can local areas transfer any funds between the two funding streams?
A. Yes, for Recovery Act funding, local areas are permitted to transfer up to 30 percent of funds between the Adult and Dislocated Worker programs. Please note that this differs from the percentage identified in TEGL 14-08. The subsequent passage of the Department of Labor Appropriations Act, 2009 [Pub. L. 111-8, Division F], authorized the transfer of up to 30% of FY 2009 funds between the Adult and Dislocated Worker programs.
8. Once we have finalized our waiver request, where should the request be submitted?
A.

Waiver requests should be submitted to the appropriate ETA Regional Administrator and to ETA's National Office at the following address:

Office of Workforce Investment
Employment and Training Administration
U.S. Department of Labor
200 Constitution Ave., NW, Room S-4231
Washington, DC 20210
ATTN: Janet Sten, Federal State Plan Coordinator

To facilitate timely review of waiver requests, states are also strongly encouraged to e-mail a copy of their waiver requests to the state's Federal Project Officer in the Regional Office and to the National Office waiver coordinator (see http://www.doleta.gov/waivers/contacts.cfm for contact information).

State Plans


Time Period Covered for Extension and Modification

1. What time period will be covered by the State Plan extension? What about modifications?
A.

The State Plan extension will extend the currently approved State Plan into PY 2009, until such time as it is replaced by the state's approved modified State Plan.

The modification should cover the period July 1, 2009 through June 30, 2010. ETA recognizes that states will be making major changes in their workforce investment systems prior to submission of modifications in response to TEGL 14-08. The State Plan is prospective in nature and should describe what the state will be doing to address challenges presented by the economic downturn with Recovery Act funds.

Modifications for Unified Plan States

2. Our state uses a Unified Plan. TEGL No. 14-08 identified questions from the Stand-Alone Guidance, which is organized differently than Unified Plan Guidance. Which questions should we answer?
A. States should answer the questions in TEGL No. 14-08, Attachment A, in the format most convenient to them in order to facilitate unified planning. There are comparable questions in the Unified Planning Guidance and ETA will be available to assist states with Unified Plans in identifying these questions by section and page number in the Unified Planning Guidance if needed.

Addressing State Plan Modifications

3. To whom do we submit the State Plan modification?
A.

WIA/wagner-Peyser Act State Plans should be submitted to Janet Sten, the Federal Coordinator for Plan Review and Approval, with a copy to the appropriate ETA Regional Administrator. This can be sent by e-mail to WIA.PLAN@dol.gov or in hard copy to:

Division of Workforce System Support
Employment and Training Administration
U.S. Department of Labor
200 Constitution Ave. NW Room S-4231
Washington, DC 20210
Attn: Janet Sten

The copy submitted to the Federal Coordinator should have an original signature. Modifications sent elsewhere in the National Office, such as to the Assistant Secretary's office, result in delays in getting a response to the state.

Signatory for State Plan Modifications

4. Which officials from our state are authorized to represent the state, and submit the State Plan modification?
A. The governor of the state can submit the State Plan modification. In addition, the individual formally designated by the Governor to serve as the WIA Title I Signatory Official, as formally indicated in the State Plan's Program Administration Designees and Plan Signatures Form (assuming it is up-to-date), can submit the modification. The official listed as the designated WIA Title I Signatory Official in the State Plan can submit the modification only if s/he is the person currently operating in that capacity. The State Plan must contain the governor's signature; if not, the state must submit an electronic signature or a signature page in hard copy.

Public Comment Timing

5. Can we submit the WIA/W-P Act Plan modification for public review and comment at the same time we submit it to ETA for review and approval?
A.

WIA regulations at 20 CFR 661.230(d) provide that:

Modifications to the State Plan are subject to the same public review and comment requirements that apply to the development of the original State Plan.

For the original State Plan, the regulations require that States provide an opportunity for public comment on and input into the development of the State Plan prior to its submission. To comply with these requirements, the state must provide an opportunity for public comment before to submission to ETA for review and approval. Accordingly, the state cannot submit a modification for public comment at the same time it submits the modification to ETA for review and approval.

Length of Public Comment Period

6. We would like to shorten the public comment period to get our State Plan modification in quickly. We do not have a minimum public comment period in our state statute. Can we provide only a fifteen day comment period for this Plan modification?
A.

In addition to requiring that the state provide an opportunity for public comment on and input into the development of the State Plan prior to its submission, 20 CFR 661.220 provides the following related to ensuring adequate public comment and input:

The opportunity for public comment must include an opportunity for comment by representatives of business, representatives of labor organizations, and chief elected official(s) and must be consistent with the requirement, at WIA section 111(g), that the State Board makes information regarding the State Plan and other State Board activities available to the public through regular open meetings. The State Plan must describe the State's process and timeline for ensuring a meaningful opportunity for public comment [emphasis added].

20 CFR 661.230 (d) provides that these procdures apply for state plan modifications. Neither the statute nor the regulations specify a number of days to provide opportunity for public comment and input. The state must ensure that its proposed timeframe for public comment and input enables the state to meet the regulatory requirement for a meaningful opportunity for public comment. A timeframe less than thirty days may be sufficient to accomplish this.

Modification Deadline

7. Will ETA offer flexibility around the submission deadline of June 30, 2009 for the State Plan modification?
A.

No, all State Plan modifications are due June 30, 2009.

ETA Approval of State Plan Modification

8. Once we submit our State Plan modification on June 30, 2009, for how long will ETA review the modification? When can we expect to hear that ETA has approved or disapproved our Plan modifications?
A.

Pursuant to 20 CFR 661.220(e), the Department of Labor must approve or disapprove the modified Plan within ninety days of submission. For Plan modifications submitted on June 30, 2009, the Department will have 90 days (until September 29, 2009) to approve the State Plan modification. However, ETA anticipates that Plan modifications that provide detailed responses to the questions in Attachment A of TEGL 14-08 will be approved earlier.

State Reorganization

9.  Our state has undergone a major reorganization resulting in changes in policies and strategies, and there will be significant revisions throughout the State Plan. Do we need to do two modifications?
A.

No, the state can submit a single modification to both respond to the questions listed in TEGL No. 14-08 and to update other sections of the Plan as needed to reflect changes in the state's organizational structure, strategies, policies, or any other parts of the Plan.

Displaying Changes in State Plan Modifications

10. We will be making a lot of changes to our State Plan in addition to preparing the stand-alone responses to the questions in TEGL No. 14-08. Should we submit only the changes, the whole Plan, or the whole Plan with changes marked or highlighted?
A.

Providing an opportunity for meaningful public input and comment during the development of the modification to the State Plan is a critical part of the planning process.  It should be clear from the version of the State Plan presented to the public for review and comment which parts of the State Plan have been revised, and how these revisions impact other sections of the Plan.  Accordingly, if there are multiple revisions throughout the State Plan, the full Plan with revisions should be provided to the public for review.  If only a few sections of the Plan are revised, and they are minor in nature and impact only those sections, just those parts of the State Plan need to be provided.

To ensure that the public is clear about what has been revised, some states use the track change function, others bold or underline the additions to the Plan and use the strikeout function to identify what has been deleted.  States can submit to ETA for approval that version of the State Plan that has been provided to the public, after revisions have been made to incorporate changes suggested by the public.

The public may find it helpful to have a summary of the changes and a list, with page numbers, of those parts of the State Plan that have been revised. ETA would also appreciate a summary of the changes and a list, with page numbers, of those parts of the State Plan that have been revised.

State Plan in Effect

11. Our state will be submitting our State Plan modification by June 30, 2009. Once we submit the modification to DOL, do we follow the existing State Plan, or the State Plan as modified, which will, at that point, not yet have the approval of DOL?
A.

States should begin implementing the Recovery Act and serving increased numbers of One-Stop customers immediately.

However, where the State Plan describes a change in policy that would require approval from DOL, such as a new waiver request, then the state should follow the extended State Plan until the modified Plan is approved.

Recovery Act Competitive Job Training Grants

Competitive Grants

1. The Recovery Act includes $750 million in competitive grants for worker training and placement in high growth and emerging industries. What is the timeline for competitive grant announcements? What's the best way to monitor news in that area?
A.

The Recovery Act includes $750 million for a program of competitive grants for worker training and placement in high growth and emerging industry sectors. $500,000 of those funds will be for research, labor exchange and job training projects that prepare workers for careers in energy efficiency and renewable energy as described in the Green Jobs Act of 2008. The remaining funds will be awarded with priority given to projects that prepare workers for careers in the health care sector.

The distribution schedule for the high-growth competitive grant funds provided under the Recovery Act is still under development. All grant competitions will be announced in the Federal Register, at www.grants.gov, and at www.dol.gov/recovery/. ETA is developing a framework for investment in Green Jobs. Information about our work in this area can be found at http://www.doleta.gov/brg/GreenJobs/. Historical information about ETA's investment strategies in high growth industries, including past grant competitions, can be found at http://www.doleta.gov/brg/.



On Monday, March 30, 2009 ETA hosted a technical question & answer session, in which technical and subject matter experts addressed questions regarding the Recovery Act policy and planning TEGL 14-08. The recording and transcript of the session can be accessed here.