[Federal Register: August 11, 2000 (Volume 65, Number 156)]

[Rules and Regulations]

[Page 49293-49342]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr11au00-7]

PART 671--NATIONAL EMERGENCY GRANTS FOR DISLOCATED WORKERS

Sec.

671.100 What is the purpose of national emergency grants under WIA

section 173?

671.105 What funds are available for national emergency grants?

671.110 What are major economic dislocations or other events which

may qualify for a national emergency grant?

671.120 Who is eligible to apply for national emergency grants?

671.125 What are the requirements for submitting applications for

national emergency grants?

671.130 When should applications for national emergency grants be

submitted to the Department?

671.140 What are the allowable activities and what dislocated

workers may be served under national emergency grants?

671.150 How do statutory and workflex waivers apply to national

emergency grants?

671.160 What rapid response activities are required before a

national emergency grant application is submitted?

671.170 What are the program and administrative requirements that

apply to national emergency grants?

Authority: Sec. 506(c), Pub. L. 105-220; 20 U.S.C. 9276(c).

Sec. 671.100 What is the purpose of national emergency grants under

WIA section 173?

The purpose of national emergency grants is to provide supplemental

dislocated worker funds to States, Local Boards and other eligible

entities in order to respond to the needs of dislocated workers and

communities affected by major economic dislocations and other worker

dislocation events which cannot be met with formula allotments.

Sec. 671.105 What funds are available for national emergency grants?

We use funds reserved under WIA section 132(a)(2)(A) to provide

financial assistance to eligible applicant for grants under WIA section

173.

Sec. 671.110 What are major economic dislocations or other events

which may qualify for a national emergency grant?

These include:

(a) Plant closures;

(b) Mass layoffs affecting 50 or more workers at a single site of

employment;

(c) Closures and realignments of military installations;

(d) Multiple layoffs in a single local community that have

significantly increased the total number of unemployed individuals in a

community;

(e) Emergencies or natural disasters, as defined in paragraphs (1)

and (2) respectively, of section 102 of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5122(1) and (2)) which

have been declared eligible for public assistance by the Federal

Emergency Management Agency (FEMA); and

(f) Other events, as determined by the Secretary.

Sec. 671.120 Who is eligible to apply for national emergency grants?

(a) For projects within a State. A State, a Local Board or another

entity determined to be appropriate by the Governor of the State in

which the project is located may apply for a national emergency grant.

Also, Indian tribes, tribal organizations, Alaska Native entities,

Indian-controlled organizations serving Indians, or Native Hawaiian

organizations which are recipients of funds under section 166 of the

Act (Indian and Native American Programs) may apply for a national

emergency grant.

(b) For inter-State projects. Consortia of States and/or Local

Boards may apply. Other private entities which can demonstrate, in the

application for assistance, that they possess unique capabilities to

effectively respond to the circumstances of the major economic

dislocation(s) covered in the application may apply.

(c) Other entities. The Secretary may consider applications from

other entities, to ensure that appropriate assistance is provided in

response to major economic dislocations.

Sec. 671.125 What are the requirements for submitting applications for

national emergency grants?

We publish instructions for submitting applications for National

Emergency Grants in the Federal Register. The instructions specify

application procedures, selection criteria and the approval process.

Sec. 671.130 When should applications for national emergency grants be

submitted to the Department?

(a) Applications for national emergency grants to respond to mass

layoffs and plant closures may be submitted to the Department as soon

as:

(1) The State receives a notification of a mass layoff or a closure

as a result of a WARN notice, a general announcement or some other

means determined by the Governor to be sufficient to respond;

(2) Rapid response assistance has been initiated; and

(3) A determination has been made, in collaboration with the

applicable Local Board(s) and chief elected official(s), that State and

local formula dislocated worker funds are inadequate to provide the

level of services needed by the workers being laid off.

(b) An eligible entity may apply for a national emergency grant at

any time during the year.

(c) Applications for national emergency grants to respond to a

declared emergency or natural disaster as described in Sec. 671.110(e),

cannot be considered until FEMA has declared that the affected area is

eligible for disaster-related public assistance.

Sec. 671.140 What are the allowable activities and what dislocated

workers may be served under national emergency grants?

(a) National emergency grants may provide adjustment assistance for

eligible dislocated workers, described at WIA section 173(c)(2) or

(d)(2).

(b) Adjustment assistance includes the core, intensive, and

training services authorized at WIA sections 134(d) and 173. The scope

of services to be provided in a particular project are negotiated

between the Department and the grantee, taking into account the needs

of the target population covered by the grant. The scope of services

may be changed through grant modifications, if necessary.

(c) National emergency grants may provide for supportive services

to help workers who require such assistance to participate in

activities provided for in the grant. Needs-related payments, in

support of other employment and training assistance, may be available

for the purpose of enabling dislocated workers who are eligible for

such payments to participate in programs of training services.

Generally, the terms of a grant must be consistent with Local Board

policies governing such financial assistance with formula funds

(including the payment levels and duration of payments). However, the

terms of the grant agreement may diverge from established Local Board

policies, in the following instances:

(1) If unemployed dislocated workers served by the project are not

able to meet the 13 or 8 weeks enrollment in training requirement at

WIA section 134(e)(3)(B) because of the lack of formula or emergency

grant funds in the State or local area at the time of dislocation, such

individuals may be eligible for needs-related payments if they are

enrolled in training by the end of the 6th week following the date of

the emergency grant award;

(2) Trade-impacted workers who are not eligible for trade

readjustment assistance under NAFTA-TAA may be eligible for needs-

related payments under a national emergency grant if the worker is

enrolled in training by the end of the 16th week following layoff; and

(3) Under other circumstances as specified in the national

emergency grant application guidelines.

(d) A national emergency grant to respond to a declared emergency

or natural disaster, as defined at Sec. 671.110(e), may provide short-

term disaster relief employment for:

(1) Individuals who are temporarily or permanently laid off as a

consequence of the disaster;

(2) Dislocated workers; and

(3) Long-term unemployed individuals.

(e) Temporary employment assistance is authorized on disaster

projects that provide food, clothing, shelter and other humanitarian

assistance for disaster victims; and on projects that perform

demolition, cleaning, repair, renovation and reconstruction of damaged

and destroyed structures, facilities and lands located within the

disaster area. For such temporary jobs, each eligible worker is limited

to no more than six months of employment for each single disaster. The

amounts, duration and other limitations on wages will be negotiated for

each grant.

(f) Additional requirements that apply to national emergency

grants, including natural disaster grants, are contained in the

application instructions.

Sec. 671.150 How do statutory and workflex waivers apply to national

emergency grants?

(a) State and Local Board grantees may request and we may approve

the application of existing general statutory or regulatory waivers and

workflex waivers to a National Emergency Grant award. The application

for grant funds must describe any statutory waivers which the applicant

wishes to apply to the project that the State and/or Local Board, as

applicable, have been granted under its waiver plan, or that the State

has approved for implementation in the applicable local area under

workflex waivers. We will consider such requests as part of the overall

application review and decision process.

(b) If, during the operation of the project, the grantee wishes to

apply a waiver not identified in the application, the grantee must

request a modification which includes the provision to be waived, the

operational barrier to be removed and the effect upon the outcome of

the project.

Sec. 671.160 What rapid response activities are required before a

national emergency grant application is submitted?

(a) Rapid response is a required Statewide activity under WIA

section 134(a)(2)(A), to be carried out by the State or its designee in

collaboration with the Local Board(s) and chief elected official(s).

Under 20 CFR 665.310, rapid response encompasses, among other

activities, an assessment of the general needs of the affected workers

and the resources available to them.

(b) In accordance with national emergency grant application

guidelines published by the Department, each applicant must demonstrate

that:

(1) The rapid response activities described in 20 CFR 665.310 have

been initiated and carried out, or are in the process of being carried

out;

(2) State and local funds, including those made available under

section 132(b)(2)(B) of the Act, have been used to initiate appropriate

services to the eligible workers;

(3) There is a need for additional funds to effectively respond to

the assistance needs of the workers and, in the case of declared

emergencies and natural disasters, the community; and

(4) The application has been developed by or in conjunction with

the Local Board(s) and chief elected official(s) of the local area(s)

in which the proposed project is to operate.

Sec. 671.170 What are the program and administrative requirements that

apply to national emergency grants?

(a) In general, the program requirements and administrative

standards set forth at 20 CFR parts 663 and 667 will apply.

(b) Exceptions include:

(1) Funds provided in response to a natural disaster may be used

for temporary job creation in areas declared eligible for public

assistance by FEMA, subject to the limitations of WIA section 173(d),

this part and the application guidelines issued by the Department;

(2) National emergency grant funds may be used to pay an

appropriate level of administrative costs based on the design and

complexity of the project. We will negotiate administration costs with

the applicant as part of the application review and grant award and

modification processes;

(3) The period of availability for expenditure of funds under a

national emergency grant is specified in the grant agreement.

(4) We may establish supplemental reporting, monitoring and

oversight requirements for national emergency grants. The requirements

will be identified in the grant application instructions or the grant

document.

(5) We may negotiate and fund projects under terms other than those

specified in this part where it can be clearly demonstrated that such

adjustments will achieve a greater positive benefit for the workers

and/or communities being assisted.