AMERICAN RECOVERY and REINVESTMENT ACT of 2009

Office of Workforce Services

Questions and Answers

General Funding Questions

How much of the stimulus funding is tied to workforce services?

Florida expects to receive the following estimated additional workforce services funding:
- $142.8 million in Workforce Investment Act (WIA) funding:
- $22.1 million for the state’s public labor exchange system (the state’s network of local one-stop career centers)
What is the difference between “supplementing” and “supplanting” when federal rules require that funds be used to supplement, not supplant other Federal, State, or local public funds?

The term “supplement” means the use of federal funds to augment or add to state programs in a manner that increases the state’s existing program efforts. The term “supplant” means the use of federal funds to replace or take the place of state funds, yielding no increase in the state’s existing program efforts.
What does the American Recovery and Reinvestment Act (ARRA) say about prohibited activities?
Section 1604 of Division A states that no ARRA funds may be used for “any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.”
Does section 1604 apply to regular formula WIA funding?
No. The prohibitions in section 1604 of the ARRA only apply to stimulus funds.
Does section 1604 apply to youth and adult work experience activities?
Yes. Section 1604 applies to job training programs, including summer youth projects. Recovery Act funds may not be used to place youth or adults in any work experience activities in any casino, gambling establishment, aquarium, zoo, golf course or swimming pool.
Does section 1604 only apply to the summer months for youth work experience?
No. The restriction applies at all times.
Can ARRA funds be used to place work experience participants in areas that contain multiple activities, only some of which are prohibited by section 1604?
Yes, so long as the participant is not engaged in activities related to the prohibited establishment. For example, a youth work experience participant could be placed at a state park containing a swimming pool so long as the youth does not engage in activities related to the pool. (Usual restrictions regarding displacement and supplanting also apply.)

General Program Questions

What kind of services will the WIA program provide?

The WIA program can provide supportive services (such as transportation assistance, books and supplies, etc) and training services that may be needed to help someone obtain a job or become re-employed.

The WIA Program can also provide paid work experience (such as internships) opportunities for those who may need it.

The WIA Youth Program will also provide summer job programs that will provide eligible youth with earned income and valuable work experience.
What kind of training can I get?

Training can be either short-term (such as basic skills remediation) or long-term occupational training that leads to an industry certification in an occupation in demand. The focus of the stimulus is on training that meets the skill needs of existing and emerging employers and high growth occupations as well as the needs of under-skilled adults.

Can the WIA Program pay for other costs while I’m in training?

Yes, if funding is available then a needs-related payment can be paid while someone is enrolled in training. Generally this payment is an amount that is needed to help someone attend training. The amount of the payment is established by each of the state’s regional workforce boards and is generally no more than the state’s unemployment benefit amount but can be less. Disbursement of a needs-related payment is contingent on the availability of funding and cannot be paid until an individual has exhausted their unemployment benefits.

Other cost associated with training (transportation, child care, etc.) can be supplemented if funds are available.

How do I apply to receive help from the WIA Program?

WIA services are delivered through the state’s network of one-stop career centers operated by the state’s 24 Regional Workforce Boards. You can visit any of the one-stop centers to obtain information and assistance with applying for services. A map and listing of the state’s twenty-four regional workforce board's One-Stop Career Centers can be found at this web site: http://www.floridajobs.org/onestop/onestopdir/index.htm.

Is there a backlog of customers requesting training?

As a general rule, when the economy takes a downturn people turn to training to attempt to get the skills needed to obtain employment in fields that are hiring. Over the past few years funding for training has been cut and that has generally led to limitations on the number of customers that can be trained. The general decline in the current economy has resulted in even more people wanting training. The stimulus funds will help with this anticipated increase in demand for training.

What determines the type of training a customer can receive?

To be eligible for training services, a customer must demonstrate that training is needed to upgrade skills and remove barriers to employment. The program would provide an assessment of the individual’s basic and occupational skills and help determine the type of training best suited for that individual. The training must be in an occupation determined to be in demand for the area and identified on the Targeted Occupations list developed by Labor Market Statistics and approved by Workforce Florida, Inc. Customers are then provided a choice of training providers that provide training in the chosen occupational field.

Does the training allocation pay the entire cost of training?

Most regional boards have established a cap on the amount of funding that an individual can receive for training. A funding cap generally encourages individuals to select public education over private institutions that generally cost more, and allows the regions to serve more people. The new stimulus funding will allow regional boards to reconsider their training caps and increase it if necessary.
What other benefits are there?

Funding can be used to assist with training related expenses such as books, tools, licensing, etc. and for child care and transportation expenses. Funds may also be used for needs based payments that help customers with living expenses while in training when unemployment compensation benefits have been exhausted or not available.
How do we know that we’re not just training folks for jobs that do not exist?

The training must be in an occupation determined to be in demand for the area and identified on the Targeted Occupations list developed by the Agency for Workforce Innovation’s Labor Market Statistics Center and approved by Workforce Florida, Inc. They are targeted occupations because they have been determined to be in high demand and have a wage that creates self-sufficiency.
How do you request specific training (e.g., welders) in my area?

Employers or job seekers interested in a particular type of training should contact their regional workforce boards to obtain information regarding approved eligible training providers in their community to determine if a particular type of training is offered. Training programs not on the approved targeted occupations list would need to go through the application and approval process to add that training to the list.

Adult and Dislocated Worker Program Questions

Who is eligible for the WIA Adult and Dislocated Worker Programs?
The WIA Adult Program serves individuals 18 years of age or older and priority for services are for those individuals on public assistance and other low-income individuals. The definition for low-income can be found in Public Law 105-220, Section 101(25) which is found on the web at http://www.doleta.gov/usworkforce/wia/wialaw.pdf

The WIA Dislocated Worker Program serves individuals who have been:
Terminated or laid off from their job; and,

Are eligible for or have exhausted their unemployment benefits; and,
Are unlikely to return to their previous industry or occupation or,
Are terminated or laid off as a result of a permanent closure of a business or a substantial layoff at a business; or,
Were self-employed but are now unemployed due to the general condition of the economy; or,
Are a Displaced Homemaker.

What is meant by the statement: “Within the WIA Adult Program, the ARRA requires that local areas give priority to recipients of public assistance and other low-income individuals”?

The ARRA states that "a priority use of these (Adult) funds shall be for services to individuals described in Section 134(d)(4)(E) of the WIA". Neither the law nor the federal guidance limit local areas to serving only these low-income groups, but the ARRA does require that priority services are given to these low-income groups.

The new twist in the ARRA is that Congress added language that local areas shall give priority use of the additional adult funding to those groups. This is different from existing WIA law that requires that "in the event that funds allocated to a local area for adult employment and training activities are limited, priority shall be given to recipients of public assistance and other low-income individuals for intensive services and training services”. In effect, the ARRA has made the decision that funds are limited and RWB’s should follow their established priority of service provisions, already a part of their approved local plan for the use of the additional adult funding provided by the ARRA.

The preamble to the WIA Final Rule also states that the appropriate Local Board and the Governor must direct the One-Stop operators in the local area with regard to making determinations related to such priority. It is assumed that adult funding is generally limited because there are typically not enough adult funds available to provide services to all of the adults who could benefit from such services. However, it is also recognized that conditions are different from one area to another and funds might not be limited in all areas. Because of this, the regulation requires that all Local Boards must consider the availability of funds in their area. In making this determination, the availability of other Federal funding, such as TANF and Welfare-to-Work funds, should be taken into consideration. Unless the Local Board determines that funds are not limited in the local area, the priority requirement will be in effect. States and Local Boards must work together to establish the criteria that must be used in making this determination. States and Local Boards also may administer their priority for adult recipients of public assistance and other low income adults so as not to preclude providing intensive and training services to other individuals.

Youth Program Questions

Who is eligible for WIA Youth Programs?

The WIA Youth Program serves low-income individuals who are age 14 to 21. (The stimulus legislation increased the upper age limit to 24 for programs funded with ARRA funds. The age limit of 21 is still in effect for regular funded WIA Youth Programs). The definition for low-income can be found in Public Law 105-220, Section 101(25) which is found on the web at http://www.doleta.gov/usworkforce/wia/wialaw.pdf
The Summer Youth Program plan instructions seem to imply that the regional workforce board must procure a service provider to operate the Summer Youth Program. Does this mean that the Regional Workforce Board can not operate the program?

No. Federal guidance states that the regional workforce board, as the designated grant recipient/fiscal agent, has the option to directly operate the Summer Youth Program. If a provider other than the Board will operate the program then that provider must be competitively procured. Florida law now allows regional workforce boards to directly operate programs so that option is available to those boards that have been approved by Workforce Florida, Inc. to provide direct program services. You should note in Section I. Service Provider Selection if the Board has elected to directly operate the Summer Youth Program. That election negates the requirement to conduct a competitive procurement.

Job Seeker Questions

How will the additional funding for the state’s public labor exchange system help me?

These funds will help support the Employ Florida network which is the state’s online computer system that connects job seekers with available jobs and employers with qualified applicants.

Funding will also help support the operations of the state’s network of one-stop career centers located throughout the State of Florida to assist both unemployed workers and businesses.

Employer Questions

What new services does the stimulus bill offer employers and businesses?

Two new target groups have been added to the federally sponsored Work Opportunity Tax Credit (WOTC) Program. The WOTC Program provides businesses with a credit on their federal taxes for hiring certain targeted individuals such as offenders and welfare recipients. The two new target groups are:

Unemployed Veterans
Disconnected Youth (not in school and without a job)

The bill also makes changes to the federal Trade Adjustment Assistance (TAA) Program that helps workers who have lost their job due to foreign competition. These changes expand the scope of those businesses and workers who may be eligible for assistance. New eligible business sectors include:

State and local governments
The service sector
Commodity Producers (including farmers and fishermen)

Vendors and other Service Providers

How does a training facility learn about the program?

Training vendors can either contact the Agency or their local regional workforce board to learn more about these services. Additional information regarding how training vendors can access the stimulus funding will be posted to the Agency’s ARRA web site: http://www.floridajobs.org/about%20awi/open_government/recovery2.html.
What does a training vendor do to get on the training provider list?

Contact the local Regional Workforce Board for a listing of Targeted Occupations for the specific region. The provider must provide training for one of the Targeted Occupations.
Vendors can access additional information using the following link: http://www.floridajobs.org/etpl/TrainingProvider.asp

Does language in TEGL 14-08 (issued by USDOL) that is mentioned below allow us to reinstate the scholarship programs?

Scholarships: TEGL 14-08, Page 6, under Contracts with Institutions of Higher Education…. Talks about “…allowing local workforce boards to pay for the full cost of training at the beginning of the course.”

We believe the intent of the TEGL language is to provide additional flexibility for states and workforce boards to use the stimulus funding as an incentive to encourage local training providers to establish new and expand existing training programs in targeted occupational areas such as those emphasized by the ARRA (green jobs and health care). The guidance allows you to, in effect, purchase a class size training program and pay for that class in advance as an incentive for the provider to provide the training. The issue of scholarships addresses how you pay the training cost for an individual under the normal process of issuing an Individual Training Account (ITA) and the guidance from the USDOL does not address that.
Will the state’s 50 percent Individual Training Accounts (ITA) rule in law apply to the stimulus money as well?

Yes, the requirement that at least 50 percent of a workforce board’s combined adult and dislocated worker funding allocation must be spent for ITA related expenditures applies to the additional funding allocations made by the ARRA. The state statutory language does provide WFI the authority to waive this requirement if requested by a regional workforce board.

Needs Related Payments

What are needs related payments?

Needs related payments provide financial assistance to enable adults and dislocated workers to participate in approved training.
Who can receive a needs related payment?

Participants in the Workforce Investment Act (WIA) Adult or Dislocated Worker Programs can receive a needs related payment if an assessment indicates that the payment is needed to help the customer participate in training and the customer meets any requirement established by the Local Board in its needs related payment policy.
Are there any other requirements that an adult or dislocated worker participant must meet in order to receive a needs related payment?

Yes. Both adults and dislocated workers must be unemployed. In addition, a dislocated worker must:

(1) Have ceased to qualify for unemployment compensation or trade readjustment allowances under the Trade Act Program; and,

(2) Be enrolled in a program of training services by the end of the 13th week after the most recent layoff that resulted in a determination of the worker’s eligibility as a dislocated worker, or, if later, by the end of the 8th week after the worker is informed that a short-term layoff will exceed six months; or, is unemployed and did not qualify for unemployment compensation or trade readjustment allowances under the TAA.
Can a participant in the WIA Youth program receive a needs related payment?

No. The law does not include needs related payments in the list of support services that an eligible youth could receive. An older youth (18 years or older) who will be enrolled in training and who has been determined to be in need of a needs related payment should be enrolled in the WIA Adult Program in order to receive the payments.
May an RWB provide needs related payments to participants while they are receiving unemployment compensation (UC)?

No. These payments are limited to those individuals who have either exhausted their UC benefits or who are ineligible for UC.
Is there a maximum benefit amount a job-seeker can receive?

For dislocated workers, the amount of the payment may not exceed the greater of either of the following levels:

(1) For participants who were eligible for unemployment compensation as a result of the qualifying dislocation, the payment may not exceed the applicable weekly level of the unemployment benefit; or,

(2) For participants who did not qualify for unemployment compensation as a result of the qualifying layoff, the weekly payment may not exceed the poverty level for an equivalent period. The weekly payment level must be adjusted to reflect changes in total family income as determined by Local Board policies.

(3) For adults, the regulations only require that the Local Board establish the payment level. The regulations do not establish a maximum level of payment as it does for dislocated workers.
Can a Local Board establish a needs related payment level that is less than the amount that the participant received from Unemployment Compensation or the Trade Act Program?

Yes. The law only establishes a maximum payment level for a dislocated worker. The Local Board can choose to establish a lower payment level. The payment level(s) should be defined in the Local Board’s policy. The local plan must contain a description of the process for providing support services including the type, dollar amount, conditions, and duration under which these services will be made available to participants enrolled in workforce service program.
Is there a cap on the aggregate amount a job seeker may receive?

No. There is nothing in the law that limits the amount of time a participant may receive needs related payments. Participants can receive such payment as long as they are enrolled in the approved training and the assessment of their support needs continues to justify the payments. The local policy should address the period of time a participant can continue to receive payments and the factors that would be used to cease or adjust those payments during the course of an individual’s participation in an approved training program.
Must the recipient of these payments be enrolled in training?

Yes. The recipient of these payments must be either actively engaged in an approved training program, or registered for the training and scheduled to begin the training within 30 calendar days. Workforce Florida, Inc. may authorize a Local Board to extend the 30 day period to address appropriate circumstances that may dictate a longer period of time.
Are there any restrictions on how the job seeker may use these payments?

No. Payments are made to eligible recipients to use as they deem appropriate.

Trade Adjustment Assistance (TAA)

When do the changes to TAA under the Recovery Act take effect?

In general, changes to worker benefits and certification criteria apply only to workers covered by petitions filed on or after May 18, 2009. The exception is that the increase in the amount of the Health Coverage Tax Credit (HCTC), which provides a tax credit towards health insurance costs, goes into effect beginning with the month of May 2009 and applies to all recipients, regardless of when their petition was filed.
How can I tell if I am covered under the Old TAA Program or the New TAA Program?

You can tell which program you are covered under by looking at the petition number, which is usually displayed in your paperwork as TA-W-XX,XXX. TA-W numbers that fall below 70,000 are associated with the Old TAA Program while numbers exceeding 70,000 will be associated with the New TAA Program.
What are some examples of new groups of workers that may now be certified under the New TAA Program?

Additional groups of workers that may be certified include, but are not limited to:
- Workers in firms that supply services.
- Workers whose firm has shifted production to any foreign country.
- Workers in public agencies.
- Workers whose firm produces component parts of a finished article produced by its customer(s).
- Workers in firms that supply testing, packaging, maintenance and transportation services to companies with TAA-certified workers.
- Workers whose firm is identified in an International Trade Commission “injury” determination listed in the Act.
I am a worker who is already part of a certified worker group. Can I get the benefits as provided under the New TAA Program instead of the benefits provided in the Old Program?

No. The law provides that workers covered by certification of petitions filed before May 18, 2009 will receive the benefits that were available under the old law. The exception is that workers covered by certifications of petitions filed under the Old TAA Program will receive the increased HCTC amount beginning in May 2009.
I filed a petition for TAA certification recently and my petition was denied. May I file a petition under the New TAA Program?

Yes. You may file another petition on or after May 18, 2009. If your petition meets the certification criteria that apply to a petition filed on or after that date, your petition will be granted and you will be eligible to apply for the benefits offered by the New Program. However, the amount of time you have to file a new petition is limited, since a certification does not cover workers laid off more than one year prior to the date of the petition.
I filed a petition currently under review by the Department of Labor but I think I want the benefits available under the New TAA Program. What should I do?

In order to be eligible for benefits under the New TAA Program instead of the benefits under the Old TAA program, workers must be covered by a petition filed on or after May 18, 2009. You (the petitioner) have the option of withdrawing the petition currently under investigation before a determination is made on that petition, then filing a new petition on or after May 18, 2009. If the new petition is certified, workers covered by that petition will be eligible to apply for benefits under the New TAA program.

Before withdrawing your petition, please note that a certification does not cover workers laid off more than one year prior to the date of the petition. This provision of law has not changed. Therefore, when deciding whether or not to withdraw your petition, it is important to consider how long before the filing of a new petition workers covered by that new petition would have been laid off. If workers were laid off nearly a year before the date of a petition currently under investigation, then withdrawing and resubmitting that petition could result in the exclusion of some workers from eligibility to apply for any TAA benefits. In addition, withdrawing and resubmitting a petition will result in the investigation of different time periods, which could change the outcome of the investigation from a certification to a denial (or from a denial to certification).

In order to withdraw your petition, you should contact the individual investigator assigned to your petition or the Trade Adjustment Assistance program office at 202-693-3560, if you do not have contact information for the investigator assigned to the case. Once the Department has issued a determination on your petition, it will not be possible to request a withdrawal. A written request should reference and confirm any oral request to withdraw a petition. While a new petition may be filed if your petition for certification has been denied, certifications issued under petitions filed before May 18, 2009 may not be modified to allow workers to apply for benefits available under the New TAA Program. In addition, while you may discuss your pending petition with the investigator, the decision on whether to withdraw a petition must be made by the individuals who originally filed the petition, and include all of the signatories to the petition.
I am considering filing a petition. Should I wait until after May 18, 2009 in order to receive the New Program benefits?

As stated in the response above, it is important to consider how long workers have been laid off when deciding whether or not to wait to file for the benefits provided under the New Program. If you decide to wait to file a petition on or after May 18, 2009, when the benefits provided under the New Program go into effect, workers who were laid off more than one year prior to the date of the petition will be precluded from receiving benefits altogether.
How do I get more information?

Information about the changes to TAA under the Recovery Act will be updated frequently and may be found by utilizing the contact information provided below.

What are the major changes in benefits?

OLD TAA PROGRAM
(Available to Workers Covered by Petitions with Numbers Below 70,000)

NEW TAA PROGRAM
(Available to Workers Covered by Petitions with Numbers Above 70,000)

Trade Readjustment Allowances (TRA)

Up to 104 weeks of cash payments for workers enrolled in full-time training
Up to 130 weeks of cash payments if the worker was also enrolled in remedial training

Trade Readjustment Allowances (TRA)

Up to 130 weeks of cash payments for workers enrolled in full-time training
Up to 156 weeks of cash payments if the worker was also enrolled in remedial training

Training Enrollment Deadlines

Workers must be enrolled in training 8 weeks after certification or 16 weeks after layoff, whichever is later, in order to receive TRA

Training Enrollment Deadlines

Workers must be enrolled in training 26 weeks after certification or layoff, whichever is later, in order to receive TRA

Job Search Allowances

90% of allowable costs, up to $1,250

Job Search Allowances

100% of allowable costs, up to $1,500

Relocation Allowances

90% of costs, up to the statutory limit for Federal Employees
Provides an additional lump sum payment of up to $1,250