NASWA Bulletin - April 28, 2015
In This Issue:
- NASWA and National Governors Association Collaborate on WIOA NPRMs and Other Analysis
- WIOA Resource Center
- TAA Reauthorization Advances in Senate and House
- Registration Open for the 2015 NASWA UI Directors' Conference and IT/Legal Issues Forum
- LMI Committee Holds April Meeting in Washington, DC
- NASWA Releases FY 2014 Supplemental Funding Survey
- DirectEmployers Association 2015 Annual Meeting to be held May 13-15 in Indianapolis, IN
- BA Boot Camp for UI SMEs trains MD, TX, and DC participants
- Save the Date for the 2015 UI Integrity Technology Symposium
- USDOL and Department of Homeland Security Release H-2B Rule
- Notices, Advisories, and Reports
NASWA and National Governors Association Collaborate on WIOA NPRMs and Other Analysis
On Friday, NASWA and the National Governors Association (NGA) sent a joint email to their members describing how the two Associations will work together to gather information from states and provide assistance so States and other organizations can provide comments to the U.S. Department of Labor (USDOL) on the five Workforce Innovation and Opportunity Act (WIOA) Notices of Proposed Rulemaking (NPRMs). The following describes the process:
- High-Level Review: Both Associations collaborated on a high level review of the NPRMs based on the principles and recommendations sent to USDOL by each organization prior to the release of the NPRMs. (Please see: NGA’s Implementation Principles and Recommendations and NASWA’s Implementation Letter and Recommendations)
- Click here for the initial analysis prepared jointly by NASWA and NGA staff related to the NPRMs and previously raised issues.
- Member Input Tool: To gather information from States and other organizations to respond to the NPRMs, both Associations developed a Member Input Tool to assist state workforce agencies and state workforce investment boards address and develop comments on the proposed rules. The Member Input Tool will help NGA and NASWA aggregate and evaluate input quickly. (Specific instructions for using the tool are provided when you click on it.)
- For a printed version of the Member Input Tool, please click here, but PLEASE make all comments into the Member Input Tool. The printed version is only intended to review the Tool among your staff.
- The tool covers all five NPRMs (click here for a link to the five NPRMs) and also breaks each NPRM into individual sections. For each issue, the tool allow you to describe the issue and make a recommendation or comment. NASWA and NGA will share the comments with all States, but State names will not be identified in any final materials without your prior consent. Given the complexity of the NPRMs, we anticipate that your organization may want multiple people providing input.
- Please submit your input by Monday, May 18th.
- Preamble Questions: The two Associations have prepared a “Reference Document,” that gathers all the questions proposed by the Departments of Labor and Education from the preamble sections of the DOL-Only and joint DOL-Education NPRMs. The two Departments have provided very specific questions where they are seeking the input of the workforce system and we encourage comments on these questions as part of your State’s response when completing the Member Input Tool. While the entire NPRMs are open for comment, these specific requests for comment should be examined closely since the Departments of Labor and Education have indicated they are particularly interested in feedback on these sections. Please click here for the Preamble Questions.
- Workgroups: The two Associations also plan to assemble small member workgroups to help evaluate the information you provide in completing the Member Input Tool and ensure state priorities are properly reflected in the final comments on the NPRMs that go to USDOL. These workgroups will be organized over the next couple of weeks.
WIOA Resource Center
NASWA’s WIOA Center provides state workforce agencies and partners a place to share challenges, solutions, and information for effective implementation of the Workforce Innovation and Opportunity Act (WIOA). The Center is searchable by subject area, and also includes information on partner programs and NASWA reference documents and analyses. Examples include:
- A NASWA-NGA reference document that includes all the “seeking comments” references in the draft WIOA regulations.
- A Massachusetts WIOA youth survey sent to local areas to learn how the new WIOA provisions are impacting youth programming.
- A South Carolina presentation on eligible training provider requirements, with examples of other states’ practices and tools.
- Links to state WIOA sites.
Check out the site, then please help your peers by sharing your best practices and other transition and implementation resources.
TAA Reauthorization Advances in Senate and House
The Senate Committee on Finance and the House Committee on Ways and Means last week each approved reauthorization of the Trade Adjustment Assistance (TAA) program.
The Senate Committee on Finance approved the TAA reauthorization measure early last week on a bipartisan basis -- extending the authorization for the TAA for Workers, TAA for Firms, TAA for Farmers, and the Reemployment TAA programs to June 30, 2021. The bill -- authored by Ranking Member Ron Wyden (D-OR) and Senator Susan Collins (R-ME) -- was amended in the Senate Finance Committee to cap the total amount of funding for training, administrative expenses and employment and case management services at $450 million, down from the proposed $575 million, making it identical to the House proposal. A summary of the bill can be found here and the text of the bill can be found here. (Note: This is the Wyden/Collins legislation as introduced but does not reflect the final version that was amended in the Senate Committee on Finance)
The legislation also includes a provision to amend the data collection and reporting requirements of TAA to align with the performance accountability measures and reporting requirements under similar federally funded job training programs, such as those implemented under the Workforce Innovation and Opportunity Act (WIOA).
The House Committee on Ways and Means passed the TAA reauthorization bill last Thursday, April 23, by voice vote. It is identical to the Senate bill. Please click here for a summary of the bill and click here for the legislative language as passed by the House Committee on Ways and Means. It is expected both the House and Senate will consider the TAA legislation along with other trade legislation in the coming weeks.
Background:
While the authorization of the TAA program expired, the Fiscal Year 2015 Omnibus Appropriations Act appropriated $710.6 million to carry out the TAA program during FY 2015. TAA provides a number of benefits and services to support workers in their search for reemployment, including Trade Readjustment Allowance, training, Alternative Trade Adjustment Assistance, and job search and relocation allowances. For additional information on the current TAA program, please click here.
Many states administer three to four versions of the TAA program for Workers because of grandfathering provisions that were included in the last amendments to the program -- the Trade Adjustment Assistance Act of 2011 (TAAEA). There are currently four versions of the TAA program for workers and include the following: the 2002
Program, the 2009 Program, the 2011 Program, and Reversion 2014.
NASWA has communicated with the House Committee on Ways and Means, the Senate Committee on Finance and the U.S. Department of Labor that administrating four versions of the program makes it very difficult for the State Workforce Agencies.
The table to the right reflects the four most recent reauthorizations and the related guidance from the Employment and Training Administration of the Code of Federal Regulations.
Registration Open for the 2015 NASWA UI Directors' Conference and IT/Legal Issues Forum
The New Mexico Department of Workforce Solutions invites you to join us in Albuquerque, New Mexico for the 2015 NASWA Unemployment Insurance Directors’ Conference and IT/Legal Issues Forum from October 19-22, 2015. The 2015 conference will celebrate UI’s 80th anniversary and will provide an opportunity to share innovative ideas and policies for the federal-state UI system. In addition to focusing on UI programs, specialty conference workshops will be available for UI attorneys and UI IT professionals.
Online registration is now available at: 2015 National UI Directors' Conference Registration. Early bird registration ends on August 28. Click here for conference hotel information at the Albuquerque Marriott. Reservations must be made by September 21 for the block rate. For exhibitor and sponsor information please visit the conference website. The conference agenda will be posted on the conference website in late spring or early summer.
During the conference, you will have the opportunity to:
- Participate in informative workshops
- Network with fellow UI professionals
- Learn about best practices that can be applied to your home state
- Enjoy entertainment in beautiful Albuquerque
LMI Committee Holds April Meeting in Washington, DC
NASWA’s LMI Committee met in Washington, DC, April 8-9. Committee Chair Alex Hall (CO) led members through a packed agenda that included meeting with federal partners from the Bureau of Labor Statistics, Employment & Training Administration, Bureau of Census, and other partners which included the LMI Institute and the Workforce Data Quality Campaign. Deborah A. Carroll, Director of the Department of Employment Services welcomed members to Washington, DC, and shared her interests in LMI in support of the decisions she and she and her administration are pursuing. Scott Sanders, NASWA Executive Director, attended and shared various updates and information about NASWA’s ongoing support to states regarding the Workforce Innovation and Opportunity Act (WIOA), such as its coordination with intergovernmental organizations and federal partners. He also shared ways NASWA’s leadership has strategically focused on providing members value.
NASWA Releases FY 2014 Supplemental Funding Survey
Last week, NASWA released the State Supplemental Funding Survey for fiscal year 2014. Over 21 years, NASWA has surveyed state workforce agencies to determine the amount of state funds used to supplement federal grants for a variety of federal workforce and unemployment insurance programs. The NASWA State Supplemental Funding Survey is the Association’s longest running survey and an archived collection of NASWA surveys and reports can be accessed on the NASWA website here.
The NASWA State Supplemental Funding Survey is sponsored by the NASWA Administrative and Finance Committee (A&F), and helps gauge the actual expenditures for Unemployment Insurance (UI), Wagner-Peyser Employment Services (ES), Workforce Investment Act (WIA) programs, labor market information (LMI) activities, interest payments on Title XII Unemployment Trust Fund Advances, and any other activities supported by state funds that cannot be classified into one single category.
In October 2014, NASWA released the latest State Supplemental Funding Survey to state workforce agency Finance Directors requesting supplemental funding data for FY 2014 (year ending June 30, 2014). All fifty states, the District of Columbia and Guam responded to the Survey, representing the second successive year that supplemental funding information has been captured for all states in a fiscal year. In reporting supplemental funding information for FY 2014, NASWA asked states to specify the source of state supplemental funds and the amount from each account used for the programs and operations mentioned above. The four categories of funding sources include: State Penalty and Interest, State General Fund, State Administrative Tax, and Other Funds.
DirectEmployers Association 2015 Annual Meeting to be held May 13-15 in Indianapolis, IN
Register now for the DirectEmployers Association 2015 Annual Meeting and Conference (DEAM15) in Indianapolis, IN on May 13-15!
DEAM15 will focus on bridging the gap between USDOL’s Office of Federal Contract Compliance Programs (OFCCP) and recruitment professionals, while working to foster continued collaboration and understanding of the challenges each face. State workforce professionals are encouraged to attend. Keynote speakers include Colonel David Sutherland, U.S. Army, officials from USDOL’s Office of Disability Employment Policy (ODEP), and Tamika Catchings of the WNBA’s Indiana Fever. The National Labor Exchange partnership will also be highlighted.
For more information on the program, visit the DEAM15 agenda here. For hotel accommodations, please visit the DEAM15 website here. If you have any questions, please contact Josie Link, NLx Program Specialist, at jlink@naswa.org or (202) 434-8029.
BA Boot Camp for UI SMEs trains MD, TX, and DC participants
Last week, NASWA’s Information Technology Support Center (ITSC) held a training for 14 participants from Maryland, Texas, and the District of Columbia.
The three-day Business Analyst Boot Camp for UI Subject Matter Experts (SMEs) is a hands on course that provides a special focus on the business analysis function as it relates to developing UI IT Modernization solutions. It provides participants with a basic understanding of the tasks they will perform as they transition from UI SMEs into their critical role as UI Business Analysts. SMEs gain hands-on experience with business analysis techniques for identifying improvements in business processes and developing and documenting requirements.
The curriculum includes practical approaches based upon UI-specific successful practices of states and consortiums for eliciting and managing requirements. Interactive activities allow participants to practice their newly-learned BA skills, such as comparing existing sets of requirements, writing Use Cases to define requirements, and collaborating with development vendors. Participants will be able to apply these skills to UI IT Modernization efforts within their state UI agencies.
Course Description and Training Opportunities
- Click here for full course description and the breakdown of topics for this course.
- On-site training in your state. ITSC trainers will travel to your state with a portable training lab for 10-20 participants. ITSC can help you coordinate with nearby states to increase the number of registrants for the session. States are being asked to pay for travel and shipping expenses incurred by ITSC trainers.
For more information about this course or to discuss on-site training, you may contact John Quichocho at jquichocho@itsc.org or (202) 650-5165.
Save the Date for the 2015 UI Integrity Technology Symposium
When: SEPTEMBER 1 AND 2, 2015
Where: Hyatt Regency Washington on Capitol Hill, Washington, D.C.
- This exciting event is designed to provide you with the latest information on technologies and tools being used in government and the private sector to combat improper payments and fraud.
- Come see and discuss the latest integrity issues, solutions and technology being adopted by your peers in the UI arena and learn how you can apply these solutions to your state.
- Information coming soon on travel assistance funding for states and other exciting agenda items.
- For additional information, contact Randy Gillespie at rgillespie@naswa.org or Jim Van Erden at jvanerden@naswa.org
USDOL and Department of Homeland Security Release H-2B Rule
The U.S. Department of Labor (USDOL) and the Department of Homeland Security (DHS) released an interim final rule for the H-2B visa program, which administers visas for nonagricultural seasonal guest workers.
The rule, scheduled for Federal Register publication Wednesday, April 29th, is similar to a USDOL 2012 rule that provided more worker protections than a 2008 rule issued under the Bush administration. But the 2012 rule was never implemented due to litigation challenging the USDOL’s authority to regulate the H-2B visa program. By issuing the latest rule with DHS, the Labor Department may circumvent legal challenges.
The interim final rule requires that a job remain open to U.S. workers until 21 days before the job’s start date. The rule goes back to a “compliance-based” certification model that makes employers demonstrate their temporary need for labor before applying for labor certification. In addition, the rule requires employers to disclose the use of foreign recruiters; inform workers of their legal protections; and ensure that U.S. workers with equivalent jobs receive the same level of compensation and benefits as H-2B workers.
In March, a federal judge in Florida vacated a 2008 Labor Department rule governing the H-2B visa program, after determining the agency did not have the authority to issue the regulation.
Notices, Advisories and Reports
IRS
April 23, 2015: The Internal Revenue Service (IRS) released Notice 2015-13 Work Opportunity Tax Credit (WOTC) Extension for 2014. This notice provides guidance on § 119 of the Tax Increase Prevention Act of 2014 (the Act), Pub. L. No. 113-295, enacted on December 19, 2014, and transition relief for employers claiming the Work Opportunity Tax Credit (WOTC) under §§ 51 and 3111(e) of the Internal Revenue Code, as extended by the Act.
ETA
April 17, 2015: The Employment and Training Administration (ETA) of USDOL released Training and Employment Guidance Letter No. 28-14 to inform the State Workforce Agencies (SWAs) of the retroactive legislative reauthorization of the WOTC program for all WOTC current target groups and the Empowerment Zones (EZs) that had previously expired on December 31, 2013. Also, to provide guidance to SWAs, participating agencies and other Federal and State partners for processing WOTC certification applications filed by employers and their representatives during the authorization lapse of 2015 and beyond.
April 27, 2015: ETA released Training and Employment Guidance Letter No. 29-14 to provide States and outlying areas with WIOA Title I Adult, Dislocated Worker and Youth Activities program allotments for PY 2015; final allotments for PY 2015 for the Wagner-Peyser ES Program, as required by section 6(b)(5) of the Wagner-Peyser Act, as amended; and the Workforce Information Grants to States allotments for PY 2015.
April 27, 2015: ETA released Training and Employment Guidance Letter No. 13-13, Change 1 to inform the State Workforce Agencies of the extension of the approval period for the AOPs, the designation of MSFW states, and the PY 2014 designation of Significant MSFW and Bilingual Local Offices through June 30, 2016. This means that current AOPs, designated MSFW states, and Significant MSFW and Bilingual Local Offices will remain the same through June 30, 2016. States do not need to submit updated AOPs.
CRS Reports
April 24, 2015: The Congressional Research Service released a report titled Unemployment Insurance: Legislative Issues in the 114th Congress. This report gives a brief overview of the UI programs that may provide benefits to eligible unemployed workers. In addition, it briefly summarizes the President's budget proposal for FY2016.
For questions or comments, please contact NASWA Bulletin Editor Marc Katz at mkatz@naswa.org.
