5101:9-6-53 Workforce Investment Act (WIA) national emergency grant (NEG) allocation.

(A) NEG allocations are federal discretionary grants targeting eligible dislocated intended to temporarily expand and complement resources and service capacity at the state and local levels by providing supplemental funding to ensure an effective response to specific, significant, and unanticipated worker dislocation events or natural disasters.

(1) NEG funds provide workforce development, employment services, and other adjustment assistance to dislocated workers and other eligible individuals as authorized by the WIA, title I, section 173, 20 C.F.R. part 671, and section 203 of the trade adjustment assistance (TAA) program.

(2) NEG funds are available in response to significant dislocation events that create a sudden need for assistance which exceeds the on-going operations of the formula-funded dislocated worker program, including discretionary resources reserved at the state level.

(3) When significant dislocation events arise from the effects of economic globalization, business fluctuations, and unexpected events, an application to an NEG may be submitted to the DOL. Some of the dislocation events considered by DOL are:

(a) Single company layoff.

(b) Multi company layoffs.

(c) Industry-wide layoffs.

(4) The catalog of federal domestic assistance (CFDA) has recorded this funding under 17.277 (dislocated workers) in accordance with training and employment guidance letter (TEGL) number 10-10.

(B) The provisions of WIA and the regulations therein define the types of NEG projects eligible to receive allocation funding.

(C) ODJFS negotiates the scope of services to be provided with an NEG with the US department of labor (DOL). The services are based on the needs of the targeted population covered by the NEG, information provided by the local area where the event(s) occurred, and other relevant circumstances. NEG funds are generally used for the following services:

(1) Intensive, and training services authorized in the WIA sections 134(d) and 173.

(2) Supportive services to help workers participate in the activities provided for in the grant.

(3) Needs related payments (NRP) provided as financial assistance in support of other employment and training assistance for dislocated workers to participate in training services.

(4) Disaster projects and short term relief employment.

(D) Local areas that have identified the need for NEG assistance must submit a formal request to ODJFS in accordance with the following procedures:

(1) Requests can be submitted at any time during the program year (PY).

(2) Requests must be developed by or in conjunction with the local workforce investment board (WIB) and chief elected official(s) of the local area(s) in which the proposed project is to operate.

(E) Upon approval of the formal request each local area will receive a commitment of funding for planning purposes as well as an allocation, which may be less than the commitment.

(1) Local areas must expend seventy per cent or more of the current allocation before requesting additional funds from their total commitment; and upon expenditure of seventy per cent of the current allocation, a local area may request additional funding by submitting documentation to ODJFS of the following:

(a) Total expenditures;

(b) An estimate of additional funding needs to the end of the grant period; and

(c) An explanation of how the additional funds will be spent.

(2) ODJFS will review the information in order to determine the increased allocation amount.

(3) As participating areas request additional funding, ODJFS may have a need to revise the commitments of funding for other workforce areas in order to maximize utilization of Ohio's NEG resources. ODJFS is responsible for submitting all NEG applications on behalf of one or more local WIBs.

(4) Local WIBs should contact ODJFS if funds are not available to serve impacted workers. At that time, ODJFS will assess all available resources and in coordination with the local WIB determine how best to support the workers with statewide discretionary or rapid response funds. ODJFS will implement this process largely due to the federal grant requirements that include a state/local expenditure rate and/or cash disbursement rate that demonstrate a funding shortage.

(F) A local area that receives an NEG allocation shall report expenditures on the JFS 01992 "WIA Fund Certification Sheet" for reporting expenditures as cited in rule 5101:9-7-29 of the Administrative Code and submit to ODJFS by the twentieth of the month following the expenditure month.

(G) The grant availability and liquidation periods for this allocation will be communicated by ODJFS through the county finance information system (CFIS). Funds must be expended within the grant availability period and reported no later than the end of the liquidation period.

(H) ODJFS will provide the designated fiscal agent(s) for the NEG with a list of appropriate fiscal system codes in order to charge allowable costs to the NEG grant in the financial reporting system. All NEG expenditures, accruals, and obligations must be entered using the appropriate coding according to the established fiscal reporting time frames for grantees. Accurate and timely reporting will increase the likelihood local areas will reach required expenditure thresholds and be eligible to request additional incremental funding.

(I) Local areas, project operators, and subrecipients of NEG funds must adhere to all federal, state, and local rules, laws, and regulations and other limitations or provisions identified by ODJFS. Specific regulations are captured in the office of budget and management (OMB) circulars A-87 ( 2 C.F.R. part 225 ) and A-122 for fiscal provisions.

(J) The WIA local area shall maintain documentation in accordance with the records retention requirements in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by the ODJFS office of fiscal and monitoring services(OFMS) and the Ohio auditor of state (AOS).

Effective: 12/01/2010
Promulgated Under: 111.15
Statutory Authority: 5101.02, 6301.03
Rule Amplifies: 5101.02, 6301.03
Prior Effective Dates: 6/5/05, 10/15/06, 7/1/10