Workforce Innovation Fund: Examining Administrative Flexibility January 4, 2012

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Deputy Assistant Secretary Moderator Gerri Fiala Deputy Assistant Secretary Department of Labor Employment and Training Administration

Session Overview The WIF and Administrative Flexibility Existing Flexibilities In Federal Programs Examples of Administrative Flexibility In Action Q & A

Featured Speakers Presenters Gerri Fiala, Deputy Assistant Secretary - Department of Labor, Employment and Training Administration Brenda Dann-Messier, Assistant Secretary - Department of Education, Office of Vocational and Adult Education Lynnae Ruttledge, Commissioner of Rehabilitation Services - Department of Education Earl Johnson, Director - Department of Health and Human Services, Administration for Children and Families, Office of Family Assistance Victoria Collin, Office of Federal Financial Management, Office of Management and Budget Judi Fisher, Chief of the Division of Policy, Review, and Resolution – Employment and Training Administration, Department of Labor

Deputy Assistant Secretary Presenter Gerri Fiala Deputy Assistant Secretary Department of Labor Employment and Training Administration

The WIF and Administrative Flexibility Overview The WIF Solicitation Encourages applicants to explore existing program flexibilities or waivers that may be needed to enhance proposed innovations Existing statutory waiver authority applies Where waiver is needed, description of requested flexibility or formal waiver request may be included as an attachment to the technical proposal

The WIF and Administrative Flexibility Overview The WIF Solicitation (Cont.) Base proposed outcomes and deliverables on what you can accomplish without waivers or special rules; requests for additional flexibilities or waivers will be considered after grant award Specific program administrative flexibility and waiver authority described in Attachment B of solicitation

WIA Title I Waiver Authority WIA Title I Administrative Flexibility WIA Title I Waiver Authority Tool for states to overcome barriers in statutory or regulatory provisions of WIA Title I Provides flexibility in exchange for improved programmatic outcomes Waivers granted must be consistent with WIA’s key reform principles Waiver of WIA Title I may be needed if proposed innovation includes use of WIA formula funds

WIA Section 189 Waiver Authority WIA Title I Administrative Flexibility WIA Section 189 Waiver Authority Secretary may waive for a state any of the statutory or regulatory requirements of: WIA Title I, subtitles B & E Sections 8 through 10 of the Wagner-Peyser Act Certain exclusions: Wage and labor standards Grievance procedures Non-discrimination Allocation of funds to local areas Eligibility of providers and participants Local board provisions Review and approval of plans Wagner-Peyser merit staffing provisions Services to Unemployment Insurance claimants and veterans Universal access to labor exchange programs

Waiver Examples WIA Title I Administrative Flexibility Adult/Dislocated Worker funds transfer On-the-job training and customized training reimbursement sliding scale Competitive procurement of Youth program elements Performance measures for summer youth program co-enrolled in TANF and WIA

WIA Title I Administrative Flexibility For more information on WIA Title I waiver authority and previously approved waivers visit www.doleta.gov/waivers

Brenda Dann- Messier Assistant Secretary Presenter Brenda Dann- Messier Assistant Secretary Department of Education Office of Vocational and Adult Education

WIA Title II Administrative Flexibility Adult Education and Family Literacy Act (AEFLA) Does not allow authority to grant waivers to states, except in the following instance: Maintenance of Effort (MOE) requirements

WIA Title II Administrative Flexibility Maintenance of Effort Secretary of Education may waive requirements of MOE for one fiscal year, if the Secretary determines a waiver would be equitable due to exceptional or uncontrollable circumstances.

WIA Title II Administrative Flexibility Existing Administrative Flexibilities Eliminate fragmentation and promote program alignment within the public workforce system; Encourage co-enrollment with WIA partner programs; and Support integration of education and training (Guidance on Integrated Education and Training (IET) available at: http://www2.ed.gov/about/offices/list/ovae/pi/AdultEd/aefla-funds-for-iet.pdf

WIA Title II Administrative Flexibility Permissive State Leadership Funding Activities (Sec. 223): Activities of statewide significance that promote the purpose of AEFLA Professional development to improve instructional quality Monitoring and evaluation of quality and improvement of adult education and literacy services Incentives for program coordination and integration

WIA Title II Administrative Flexibility Permissive State Leadership Funding Activities (Cont.): Coordination with existing support services (i.e., transportation, child care, etc.) Integration of literacy instruction and occupational skill training, and promoting linkage with employers Linkages with postsecondary education Collaboration with eligible agencies, where possible, to maximize the impact of activities

Lynnae Ruttledge Commissioner of Rehabilitation Services Presenter Lynnae Ruttledge Commissioner of Rehabilitation Services Department of Education

WIA Title IV Administrative Flexibility VR program committed to promoting cross-program collaboration, leveraging resources, and building capacity to achieve better employment outcomes for individuals with significant disabilities. State VR agencies are doing this through:  Co-enrollment in workforce programs, schools, and veterans programs Partnership with Education on new approaches like Project SEARCH Partnerships with disability organizations, community partners, and employers. 

WIA Title IV Administrative Flexibility Individual Choice and State Flexibility VR services are individualized: choice of vocational objective choice of services choice of service provider State VR agencies may provide almost any service that is found necessary to reach the employment outcome agreed to in the IPE Individual services flexibility may take into consideration state policies regarding individual financial participation and the existence of comparable benefits from other programs.

WIA Title IV Administrative Flexibility THE BEST THING Program partnership and individuals services flexibilities built in NO WAIVER REQUIRED

WIA Title IV Administrative Flexibility Additional Flexibility Waiver of maintenance of effort (MOE) requirements: Allows the State VR agency to waive the requirements of the MOE for one fiscal year under exceptional circumstances Waiver of ‘Statewideness’: Allows the state VR agency to provide services in one or more political subdivisions of the state that increase or expand the services available statewide under the state plan. The State VR agency cannot cease provision of services required under the state plan and replace them with different services.

WIA Title IV Administrative Flexibility Waiver Request Process Unified state plan submission VR program state plan submission A modification to either the unified state plan or the VR state plan

Presenter Earl Johnson Director Department of Health and Human Services, Administration for Children and Families, Office of Family Assistance

Temporary Assistance for Needy Families TANF Purposes The TANF program provides extraordinary flexibility for funding a wide variety of employment and related activities. All usage of funds must meet one of the four purposes of the TANF program: To provide assistance to needy families; To end dependence of needy parents by promoting job preparation, work and marriage; To prevent and reduce out-of-wedlock pregnancies; or To encourage the formation and maintenance of two-parent families.

Temporary Assistance for Needy Families Broad Flexibility of Activities Funds can be used to provide benefits and services for families that are not receiving cash assistance, as long as they are needy. States may decide the income and resource standards that they will use to determine eligibility, and they may set different financial eligibility criteria for different benefits or services. States may contract for expansions of services in other federally funded programs.

Temporary Assistance for Needy Families Work Participation Rate For families receiving cash assistance, work participation rules apply, and states must demonstrate that a certain portion of their caseload is engaged in countable work activities. Thus, while States are free to use the funds to provide activities that do not count toward the rates, States will often want to prioritize or limit funding for assistance recipients to activities that count toward the rates. 

Temporary Assistance for Needy Families Work Support Examples Provide job search, job placement, transportation, and child care services Provide work experience and case management to individuals with employment barriers Subsidize wages directly or through an employer Provide job retention services or post-employment follow-up services, such as counseling

Temporary Assistance for Needy Families Education and Training Examples Share with employers the costs of on-site education, such as ESL or literacy classes Provide classes for new, unskilled, and semi-skilled workers to teach new skills or enhance existing skills Train employed current and former recipients in job- related vocational and literacy skills Fund education or job training activities at colleges and secondary and technical schools

Temporary Assistance for Needy Families Additional Resources TANF Funding Guide: http://www.acf.hhs.gov/programs/ofa/r esources/funding_guide.htm TANF Policy Questions and Answers: http://www.acf.hhs.gov/programs/ofa/p olquest/index.htm

Office of Federal Financial Management Office of Management and Budget Presenter Victoria Collin Office of Federal Financial Management Office of Management and Budget

Presenter Judi Fisher Chief of the Division Department of Labor, Employment and Training Administration, Office of Policy, Review, and Resolution

OMB Circular Flexibility For the WIF solicitation: OMB has offered potential flexibility to ETA for WIA Title I formula programs on time and effort reporting For WIF grant awardees, will consider a waiver of the cost principles requirements at 2 CFR Part 225 and 2 CFR Part 230, Appendix B.8 May include flexibility for Personnel Activity Reports Will be offered to grantees that come forward with alternative proposals that ensure the appropriate use of Federal funds

OMB Circular Flexibility Awardees seeking this flexibility may: Provide certifications of time distribution that are reasonably supported by data Propose other methods of ensuring that Federal dollars are appropriately used to meet overarching program goals

OMB Circular Flexibility To apply for a waiver of these OMB cost principles requirements: indicate interest in application addendum provide information on the specific provisions to be waived describe what benefit will confer to the grant provide information on the proposed alternative methods to ensure the appropriate use of Federal funds

OMB Circular Flexibility ETA will work with successful applicants to obtain the formal specific Cost Circular waiver after grant award.

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