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2012 workforce program formula allotments

Summary ETA announced program year 2012 funding allotments for WIA adult, dislocated worker and youth programs, Wagner-Peyser Employment Service, and Workforce Information Grants. It explains the funding formulas and states’ submission and reporting steps, with allotment tables and agreement forms in ten attachments. ETA now lists the advisory Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 19-11
Date issued
March 16, 2012
Status
Withdrawn
ETA lists this advisory Canceled as of 2026-10-24; the letter prints Expiration Date: Continuing and Rescissions: None.
Status last verified October 24, 2026

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This document has been withdrawn
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Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl19-11acc.pdf

CLASSIFICATION
  EMPLOYMENT AND TRAINING ADMINISTRATION           WIA/Wagner-Peyser
               ADVISORY SYSTEM                     CORRESPONDENCE SYMBOL
         U.S. DEPARTMENT OF LABOR                  OWI
              Washington, D.C. 20210
                                                   DATE
                                                   March 16, 2012


ADVISORY:      TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 19-11

TO:           ALL STATE WORKFORCE AGENCIES
              ALL STATE WORKFORCE LIAISONS

FROM:         JANE OATES /s/
              Assistant Secretary

SUBJECT:      Workforce Investment Act (WIA) Adult, Dislocated Worker and
              Youth Activities Program Allotments for Program Year (PY) 2012; Final
              PY 2012 Allotments for the Wagner-Peyser Act Employment Service
              Program Allotments; and Workforce Information Grants to States
              Allotments for PY 2012.

1. Purpose. To provide states and outlying areas with WIA Title I Adult, Dislocated
   Worker and Youth Activities program allotments for PY 2012; final allotments for
   PY 2012 for the Wagner-Peyser Employment Service (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 2012.

2. References.
     Department of Labor Appropriations Act, 2012, Title I of Division F of the
       Consolidated Appropriation Act, 2012, Public Law (P.L.) 112-74, signed
       December 23, 2011
     Titles III and V of Division F of the Consolidated Appropriation Act, 2012, P. L
       112-74
     Training and Employment Guidance Letter (TEGL) 26-10 (May 10, 2011)
     Workforce Investment Act of 1998, (29 United States Code (U.S.C) 2801 et seq.),
       Public Law 105-220, as amended
     Wagner-Peyser Act, as amended (29 U.S.C. 49 et seq.)
     WIA Final Rule, 20 Code of Federal Regulations parts 660-671
     Planning Guidance for the Strategic State Plan for Title I of the Workforce
       Investment Act of 1998 and the Wagner-Peyser Act [(73 FR 72853) (Dec. 1, 2008)]
       (OMB No. 1205-0398)




   RESCISSIONS                                    EXPIRATION DATE
   None                                           Continuing

3. Background. The funds for the allotments announced in this TEGL are part of the
   funds appropriated in the Department of Labor Appropriations Act, 2012, Title I of
   Division F of the Consolidated Appropriations Act, 2012, P.L. 112-74, signed into
   law December 23, 2011 (from this point forward, referred to as “the Act”). Section
   527 of Title V of Division F of the Consolidated Appropriations Act, 2012,
   incorporated a mandatory across the board (ATB) rescission of 0.189 percent
   impacting the PY 2012 funding for the programs covered by this TEGL. For the
   Adult and Dislocated Worker programs, the 0.189 percent rescission only impacts
   the “base” funds that states receive on July 1, 2012.

   The Act also states:
       A local board may still transfer up to 30 percent of funds between the Adult
         and Dislocated Worker funding streams if approved by the Governor.
       A local board may still award contracts for “class-size training,” that is, a
         local board may still award a contract to an institution of higher education or
         other eligible training provider if the local board determines that it would
         facilitate the training of multiple individuals in high-demand occupations, if
         such contract does not limit customer choice.
       Notwithstanding section 128(a)(1) of the Workforce Investment Act (WIA),
         the amount available for the Governor for statewide workforce investment
         activities shall not exceed 5 percent of the amount allotted to the State from
         each of the WIA Youth, Adult, and Dislocated Worker, PY 2012
         appropriations.
       Salary caps from FY 2010 are maintained (i.e., $179,700). No funds under the
         header “Employment and Training Administration” may be used by a
         recipient or sub-recipient to pay the salary and bonus of an individual, either
         as direct costs or indirect costs, at a rate in excess of Executive Level II, and
         states may establish lower salary caps.

   The WIA allotments for states are based on formula provisions defined in WIA (see
   Attachment A for WIA and Wagner-Peyser formula descriptions).

   The WIA allotments for the outlying areas (e.g., American Samoa, Guam, Northern
   Marianas, Palau, and the Virgin Islands) are based on a discretionary formula as
   authorized under WIA Title I. The Marshall Islands and Micronesia no longer
   receive WIA Title I funding; instead, these areas now receive funding from the
   Department of Education’s appropriation (See Compact of Free Association
   Amendments of 2003, P.L. 108-188 (December 17, 2003), codified at 48 U.S.C.
   1921d(f)(1)(B)(iii)(the “Compact”). The Compact also specified that the Republic of
   Palau remained eligible for WIA Title I funding. See 48 U.S.C. 1921d(f)(1)(B)(ix).
   The Consolidated Appropriations Act, 2012 (in the Department of Education’s
   General Provisions at Section 306, Title III, Division F, P.L. 112-74) amended the
   Compact to extend the availability of WIA Title I funding to Palau through FY 2012.

   In addition to this TEGL, allotments and descriptions of the allotment formulas will
   be published in the Federal Register. Comments may be submitted to the
   Employment and Training Administration (ETA), on the formula used to distribute
   funds to outlying areas.

4. State WIA Youth Activities Funds: Title I--Chapter 4--Youth Activities.

   A. State Allotments. The appropriated level for PY 2012 for WIA Youth Activities
      totals $824,353,022, which includes $12,365,295 for Native Americans,
      $809,926,844 for states, and $2,060,883 for outlying areas. These amounts include
      the ATB 0.189 percent rescission. Attachment B contains a breakdown of the
      WIA Youth Activities program allotments by state for PY 2012 and provides a
      comparison of these allotments to PY 2011. Please note that the Department of
      Labor (the Department) will provide the Native American Youth allotments in a
      separate TEGL.

      The three data factors required by WIA for the PY 2012 Youth Activities state
      formula allotments are:

                        1. The number of unemployed for Areas of Substantial Unemployment (ASUs)
         averages for the 12-month period, July 2010 through June 2011, as prepared
         by the states since PY 2006 using special 2000 Census data based on
         households, obtained under contract with the Census Bureau and provided to
         states by the Bureau of Labor Statistics (BLS);

                        2. The number of excess unemployed individuals or the ASU excess (depending
         on which is higher) averages for the same 12-month period as used for ASU
         unemployed data; and,

                        3. The number of economically disadvantaged youth (age 16 to 21, excluding
         college students and military) from special 2000 Census tabulations.

      Since the total amount available for states in PY 2012 is below the required $1
      billion threshold specified in WIA section 127(b)(1)(C)(iv)(IV), which was also
      the case in PY 2011, the WIA additional minimum provisions are not applicable.
      Instead, as required by WIA, the Job Training Partnership Act (JTPA) section
      262(a)(3) (as amended by section 701 of the Job Training Reform Amendments of
      1992) minimums of 90 percent hold-harmless of the prior year allotment
      percentage and 0.25 percent state minimum floor apply. WIA also requires the
      application of a 130 percent stop-gain of the prior year allotment percentage.

   B. PY 2012 Funding WIA Agreement/Notice of Obligations (NOOs). Upon
      execution of the PY 2012 WIA Annual Funding Agreement, Youth program
      funds will be available for use by states.

   C. Within-State Allocations. States must distribute WIA Youth Activities funds
      among local workforce investment areas (subject to reservation of the 5 percent
      limitation for statewide workforce investment activities as discussed in the
      Background Section of this TEGL) in accordance with the provisions of WIA
      section 128 and the approved WIA/Wagner-Peyser Act State Plan. For purposes
      of identifying ASUs for the within-state Youth Activities allocation formula, as
      done since PY 2006, states should continue to use the special 2000 Census data
      based on households which were obtained under contract with the Census
      Bureau and provided to states in October 2006 by BLS. States must use such data
      for this purpose until further notice. For purposes of developing the number of
      economically disadvantaged Youth Activities for the statutory formula, states
      should continue to use the special 2000 Census data provided to them for the
      within-state youth allocations beginning in PY 2004.

      It should be noted that the most current Census, conducted in 2010, did not
      include the long form survey which ETA would have used to update the
      economically disadvantaged data from the 2000 Census. Instead, ETA will
      continue to work with the Census Bureau over the next year to use data from the
      American Community Survey (ACS). ETA will alert states when data from the
      ACS are available for use in within-state allocation formulas; however, updated
      data will not be available for use with PY 2012 funding.

   D. Transfers of Funds. Local workforce investment areas lack the authority to
      transfer funds to or from the Youth Activities program.

   E. Reallotment of Funds. The Secretary of Labor reallots Youth Activities program
      formula funds, as provided for by WIA Section 127(c), based on completed PY
      financial reports submitted by the states. Reallotment of funds among states
      under WIA will occur during PY 2012 based on state obligations made during PY
      2011 (20 CFR §667.150).

5. State Adult Employment and Training Activities Funds: Title I--Chapter 5--Adult
   and Dislocated Worker Employment and Training Activities.

   A. State Allotments. The total appropriated funds for PY 2012 for Adult Activities
      are $770,810,637 of which $768,883,610 is for states and $1,927,027 is for outlying
      areas. These amounts include the ATB 0.189 percent rescission. Attachment C
      shows the PY 2012 Adult Activities allotments and a comparison to PY 2011
      allotments by state.

      The three formula data factors for the Adult Activities program are the same as
      those used for the Youth Activities formula, except the Department used data for
      the number of economically disadvantaged adults (age 22 to 72, excluding
      college students and military). Since the total amount available for the Adult

  Activities program for states in PY 2012 is below the required $960 million
  threshold specified in WIA section 132(b)(1)(B)(iv)(IV), as was also the case in PY
  2011, the WIA additional minimum provisions are not applicable. Instead, as
  required by WIA, the JTPA section 262(a)(3) (as amended by section 701 of the
  Job Training Reform Amendments of 1992) minimums of 90 percent hold-
  harmless of the prior year allotment percentage and 0.25 percent state minimum
  floor apply. Also, like the Youth program, the Department used the provision
  applying the 130 percent stop-gain of the prior year allotment percentage.

B. PY 2012 Funding WIA Agreement/NOOs. For PY 2012, Congress appropriated
   funds for this program in two portions: $58,810,637 available for obligation on
   July 1, 2012 (PY 2012) (including 0.189 percent rescission), and $712,000,000
   available for obligation on October 1, 2012 (FY 2013). The Department prorated
   allotments to states and outlying areas based on these total amounts and will
   issue two NOOs: one for July 1, 2012, under the PY 2012 WIA grant agreement,
   and the other for October 1, 2012, also under the PY 2012 WIA grant agreement
   (see Attachment D).

C. Within-State Allocations. States must distribute WIA Adult Activities funds for
   PY 2012 allotments among local workforce investment areas (subject to
   reservation of the 5 percent limitation for statewide workforce investment
   activities) in accordance with the provisions in WIA section 133 and the
   approved WIA/Wagner Peyser Act State Plan.

  Similar to the Youth Activities program, for purposes of identifying ASUs for the
  within-state Adult Activities allocation formula, states must use the special 2000
  Census data provided to them by BLS in October 2006 until further notice. For
  purposes of developing the number of economically disadvantaged adults for
  the statutory formula, states should continue to use the special 2000 Census data
  provided to them for the within-state Adult Activities allocations beginning in
  PY 2004.

  It should be noted that the most current Census, conducted in 2010, did not
  include the long form survey which ETA would have used to update the
  economically disadvantaged data from the 2000 Census. Instead, ETA will
  continue to work with the Census Bureau over the next year to use data from the
  ACS. ETA will alert states when data from the ACS are available for use in
  within-state allocation formulas; however, updated data will not be available for
  use with PY 2012 funding.

D. Transfers of Funds. WIA section 133(b)(4) provides the authority for local
  workforce investment areas, with approval of the Governor, to transfer up to 20
  percent of the Adult Activities funds to Dislocated Worker Activities, and up to
  20 percent of Dislocated Worker Activities funds to Adult Activities. The
  Department of Labor Appropriations Act, 2012, provided that notwithstanding

      section 133(b)(4), up to 30 percent of these funds could be transferred between
      programs, which is applicable for the life of the funds.

   E. Reallotment of Funds. Reallotment of Adult Activities program formula funds,
      as provided for by WIA section 132(c), is based on completed PY financial
      reports submitted by the states. Reallotment of funds among states under WIA
      will occur during PY 2012 based on state obligations of PY 2011 funds made
      during PY 2011 (20 CFR §667.150).

6. State Dislocated Worker Employment and Training Funds: Title I--Chapter 5-
   Adult and Dislocated Worker Employment and Training Activities.

  Appropriated funds for PY 2012 for the Dislocated Worker Activities program total
  $1,232,217,892, with $1,008,151,464 for states, $3,080,545 for outlying areas, and
  $220,985,883 for the National Reserve. These amounts include the 0.189 percent
  rescission.

  A. State Allotments. Attachment E shows the PY 2012 Dislocated Worker Activities
     fund allotments by state and a comparison to PY 2011.

     The three data factors required in WIA for the PY 2012 Dislocated Worker state
     formula allotments are:

                                1. The number of unemployed, averaged for the 12-month period, October
           2010 through September 2011;

                                2. The number of excess unemployed, averaged for the 12-month period,
           October 2010 through September 2011; and

                                3. The number of long-term unemployed, averaged for the 12-month period,
           October 2010 through September 2011.

  B. PY 2012 Funding WIA Agreement/NOOs. For PY 2012, Congress appropriated
     funds for this program in two portions for both formula funds and National
     Reserve funds. For formula funds, $148,151,464 is available for obligation on July
     1, 2012 (PY 2012) (including the 0.189 percent rescission), and $860,000,000 is
     available for obligation on October 1, 2012 (FY 2013). For the National Reserve,
     which includes funds for the outlying areas, $24,066,428 is available for obligation
     on July 1, 2012 (PY 2012) (including the 0.189 percent rescission), and $200,000,000
     is available for obligation on October 1, 2012 (FY 2013). Allotments to states and
     outlying areas are prorated based on the two amounts for formula funds and
     National Reserve, respectively. Allotments will be issued in two NOOs: one for
     July 1, 2012, under the PY 2012 WIA grant agreement, and the other for October 1,
     2012, (also under the PY 2012 WIA grant agreement) (see Attachment F).

  C. Within-State Allocations. Dislocated Worker Activities funds for PY 2012
     allotments are to be distributed among local workforce investment areas (subject
     to the governor’s reservation of up to 25 percent for statewide rapid response
     activities and the 5 percent limitation for statewide workforce investment
     activities as discussed in the Background Section of this TEGL in accordance with
     the provisions in WIA section 133 and the approved WIA/Wagner-Peyser Act
     State Plan.

   D. Transfers of Funds. WIA section 133(b)(4) provides the authority for local
     workforce investment areas, with approval of the Governor, to transfer up to 20
     percent of the Adult Activities funds to Dislocated Worker Activities, and up to 20
     percent of Dislocated Worker Activities funds to Adult Activities. The
     Department of Labor Appropriations Act, 2012, provided that notwithstanding
     section 133(b)(4), up to 30 percent of these funds could be transferred between
     programs, which is applicable for the life of the funds.

   E. Reallotment of Funds. Reallotment of Dislocated Worker program formula
    funds, as provided for by WIA section 132(c), is based on completed PY financial
    reports submitted by the states. Reallotment of funds among states under WIA will
    occur during PY 2012 based on state obligations made during PY 2011 (20 CFR
    §667.150).

7. Wagner-Peyser Employment Service Final Allotments. The appropriated level for
   PY 2012 for grants for the Employment Service programs totals $700,841,900
   (including the 0.189 percent rescission). After determining the funding for outlying
   areas, allotments to states are calculated using the formula set forth at section 6 of
   the Wagner-Peyser Act (29 U.S.C. 49e). PY 2012 formula allotments are based on
   each state’s share of calendar year 2011 monthly averages of the Civilian Labor
   Force (CLF) and unemployment. The distribution of Wagner-Peyser Act funds for
   PY 2012 includes $699,133,491 for states, as well as $1,708,409 for outlying areas.
   Attachment G shows the distribution of PY 2012 ES formula amounts by state
   compared to PY 2011.

   Under section 7(b) of the Wagner-Peyser Act, ten percent of the total sums allotted
   to each state shall be reserved for use by the governor to provide performance
   incentives, services for groups with special needs, and for the extra costs of
   exemplary models for delivering job services.

8. Workforce Information Grants. Total funds for PY 2012 are $31,939,520 (including
   the 0.189 percent rescission). Funds are distributed to states by administrative
   formula with $176,655 for Guam and the Virgin Islands. The remaining funds are
   distributed to the states with 40 percent distributed equally to all states, and 60
   percent distributed based on each state’s share of the Civilian Labor Force for the 12

   months ending September 2011. The allotment figures are listed in Attachment H.
   Policy guidance on the use of workforce information grants will be forthcoming.

9. Submission. In order to achieve greater efficiencies and as part of ETA’s ongoing
   effort to streamline the mandatory grant award process, all States are required to
   submit an electronically signed copy of an SF 424, Application for Federal Assistance
   and the WIA Agreement (Attachment I) through Grants.gov under announcement
   name: ETA/TEGL/PY 12-01. An electronically submitted SF 424 and WIA
   Agreement through Grants.gov constitute official signed documents and should
   reflect the combined funding for all three WIA programs (Dislocated Worker, Adult
   & Youth). The closing date for receipt of the documents under this TEGL is March
   29, 2012. The WIA Youth funds will be awarded in April 2012, and the WIA
   Dislocated Worker and Adult funds will be awarded in July 2012.

   States must submit a second SF 424 and the ES Agreement (Attachment J)
   electronically through http://www.grants.gov under announcement name:
   ETA/TEGL/PY 12-01 no later than June 15, 2012, for the Wagner-Peyser
   Employment Service Program and the Workforce Information Grants to States
   Allotments for PY 2012. This SF 424 and ES Agreement constitute official signed
   documents and should reflect the combined funds for the Wagner-Peyser
   Employment Service Program and the Workforce Information Grants funds. The
   Wagner-Peyser Employment Service Program and Workforce Information funds
   will be awarded in July 2012.

   The process can be complicated and time-consuming. States are strongly advised to
   initiate the process as soon as possible and to plan for time to resolve technical
   problems if necessary.

   States should immediately initiate and complete the “Get Registered” registration
   steps at http://www.grants.gov/applicants/get_registered.jsp. States should read
   through the registration process carefully before registering. Time should be
   factored in for electronic submission in order to avoid unexpected delays that could
   result in the rejection of the documents. The site also contains registration checklists
   to help you walk through the process. The Department strongly recommends that
   States download the “Organization Registration Checklist” at
   http://www.grants.gov/assets/Organization_Steps_Complete_Registration.pdf
   and prepare the information requested before beginning the registration process.
   Reviewing and assembling required information before beginning the registration
   process will alleviate last minute searches for required information and save time.

   The first SF 424 should include the amount for all three funding streams, youth,
   adult and dislocated worker, and reflect the amount entered in item #18, Estimated
   Funding. The States must have a D–U–N–S® Number and must register with the
   Federal Central Contractor Registry (CCR). Include the EIN and DUNS numbers in
   item #s 8b and 8c, respectively. Item #11 must include the Catalog of Federal

   Domestic Assistance Number for all three funding streams, 17.278 – WIA Dislocated
   Worker, 17.259 - WIA Youth, and 17.258 - WIA Adult. The second SF 424 will
   include two programs, Employment Service (Wagner-Peyser) and Workforce
   Information Grants to States allotments for PY 2012 and the combined amount for
   both programs is to be entered in item #18, Estimated Funding. Also, include the
   EIN and DUNS numbers in item #s 8b and 8c, respectively. The Catalog of Federal
   Domestic Assistance Number for the two programs is 17.207.

   If States encounter a problem with Grants.gov and do not find an answer in any of
   the other resources, call 1-800-518-4726 or 606-545-5035 to speak to a Customer
   Support Representative or email [email protected]. The Contact Center is
   open 24 hours a day, seven days a week. It is closed on federal holidays.

   For further information about the submission requirement, please contact Ms.
   Sharon Carter, Grants Management Specialist, Division of Workforce System
   Federal Assistance at (202) 693-3323. States should e-mail all submission questions
   to [email protected] and must specifically reference ETA-TEGL-PY-12-01, and
   along with question(s), include a contact name, fax, and phone number.

10. Reporting. For the WIA formula programs, states are required to submit the seven
    designated WIA quarterly financial status reports covering funds received for each
    of the programs (including separate reports for each of the fund year periods for the
    Adult and Dislocated Worker Activities programs -- July 1 funds and October 1
    funds). These seven WIA reports provide financial data for statewide Youth,
    statewide Adult, statewide Dislocated Worker, statewide Rapid Response
    (Dislocated Worker Activities), local Youth, local Adult, and local Dislocated Worker
    activities. States are also required to submit the designated financial reports each
    quarter for the Wagner-Peyser Act funds and the Workforce Information Grant
    funds.

11. Inquiries. Questions regarding these allotments may be directed to the
    appropriate Regional Office. Information on allotments and planning requirements
    may also be found on the ETA Web site at http://www.doleta.gov.

12. Attachments.

   A.   WIA and Wagner-Peyser Statutory Formula Descriptions

   B.   WIA Youth Activities Allotments,
        PY 2012 vs PY 2011

   C.   WIA Adult Activities Allotments,
        PY 2012 vs PY 2011

   D.   WIA Adult Activities Allotments,
        July 1 and October 1 Funding

E.   WIA Dislocated Worker Activities Allotments,
     PY 2012 vs PY 2011

F.   WIA Dislocated Worker Activities Allotments,
     July 1 and October 1 Funding

G.   Employment Service (Wagner-Peyser) Allotments,
     PY 2012 vs PY 2011

H.   Workforce Information Grants Allotments,
     PY 2012 vs PY 2011

I.   WIA Agreement

J.   ES Agreement

Attachment A: WIA and Wagner-Peyser Formula Descriptions

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl19-11a1.pdf

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                                                                                                                                           Attachment A
                                                           U. S. Department of Labor
                                                     Employment and Training Administration

Workforce Investment Act (WIA) and Wagner-Peyser Act Statutory Formulas for State Allotments

State Allotment Formula Descriptions
WIA Youth Activities
    Formula:
   1/3: State relative share of total unemployed in areas of substantial unemployment (ASU) (average 12 months ending 6/30)
   1/3: State relative share of excess unemployed (average 12 months ending 6/30)
   1/3: State relative share of economically disadvantaged youth (Census 2000)
    Minimums:
    (a) If total amount available for states is $1 billion or less:
        State allotment cannot be less than
        (1) 90 percent of state relative share of prior year funding
        (2) 0.25 percent of total available funds for states
    (b) If total amount available for states exceeds $1 billion:
        State allotment cannot be less than
        (1) 90 percent of state relative share of prior year funding
        (2) 1998 allotment amount
        (3) 0.3 percent of first $1 billion plus 0.4 percent of amount over $1 billion
    Maximum:
    130% of state relative share of prior year funding
WIA Adult Activities
   Same as Youth Activities, except
   (a) Formula uses economically disadvantaged ADULTS instead of YOUTH
   (b) Threshold for selecting minimum provisions is $960 million instead of $1 billion
WIA Dislocated Workers
   Formula:
   1/3: State relative share of total unemployed (average 12 months ending 09/30)
   1/3: State relative share of excess unemployed (average 12 months ending 09/30)
   1/3: State relative share of long-term unemployed (average 12 months ending 09/30)
   Minimum: none
   Maximum: none
Employment Service (Wagner-Peyser Act)
    Formula for 97% of funds:
          2/3: State relative share of civilian labor force (average 12 months ending 9/30 (preliminary) or 12/31 (final))
          1/3: State relative share of total unemployment (average 12 months ending 9/30 (preliminary) or 12/31 (final))
          Minimums:
               (a) 90 percent of state relative share of prior year funding
               (b) 0.28 percent of total available funds for states
          Maximum:
    Distribution of 3% of funds:
          (1) States with civilian labor force below 1 million and under the national median civilian labor force density receive an amount which,
               when added to their share of the 97 percent portion, will result in an amount equal to 100 percent of their relative share of the prior year
               funding
          (2) Remaining states losing in relative share receive a share of the remaining funds prorated based on the amount needed to achieve 100
               percent of their relative share of prior year funding.

Formula Data Factor Definitions

WIA Youth and Adults Programs
    ASU: contiguous areas with unemployment rate of 6.5 percent or more excess unemployed. Higher of:
      (1) excess unemployed (unemployment in excess of 4.5 percent) in ASU's; or
      (2) excess unemployed (unemployment in excess of 4.5 percent) in all areas
    Economically disadvantaged adults: individuals, age 22-72, meeting (or member of family meeting):
      OMB poverty level or
       70 percent of lower living standard income level (LLSIL).
    Economically disadvantaged youth: individuals, age 16-21, meeting (or member of family meeting):
      OMB poverty level or
       70 percent of lower living standard income level (LLSIL).

WIA Dislocated Workers Program
    Excess unemployed: unemployment in excess of 4.5 percent
    Long-term unemployed: number unemployed 15 or more weeks

Employment Service (Wagner-Peyser) - Self-explanatory

Attachment B: WIA Youth Allotments

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl19-11a2.pdf

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                                     U.S. Department of Labor                              Attachment B
                               Employment and Training Administration
                             WIA Youth Activities State Allotments
                              Comparison of PY 2012 vs PY 2011


State                       PY 2011            PY 2012             Difference          % Difference

Total                      $825,913,862      $824,353,022               ($1,560,840)            -0.19%

Alabama                      12,455,574        11,711,479                  (744,095)            -5.97%
Alaska                        2,216,462         2,024,817                  (191,645)            -8.65%
Arizona                      15,326,190        16,510,641                 1,184,451              7.73%
Arkansas                      6,794,393         6,431,994                  (362,399)            -5.33%
California                  117,952,080       123,857,750                 5,905,670              5.01%
Colorado                      9,788,025        11,882,561                 2,094,536             21.40%
Connecticut                   8,060,872         8,794,724                   733,852              9.10%
Delaware                      2,028,651         2,024,817                    (3,834)            -0.19%
District of Columbia          2,402,872         2,323,591                   (79,281)            -3.30%
Florida                      50,372,277        53,892,125                 3,519,848              6.99%
Georgia                      24,305,197        25,482,266                 1,177,069              4.84%
Hawaii                        2,272,811         2,243,958                   (28,853)            -1.27%
Idaho                         3,428,419         4,027,145                   598,726             17.46%
Illinois                     36,086,031        32,767,678                (3,318,353)            -9.20%
Indiana                      16,043,006        15,457,182                  (585,824)            -3.65%
Iowa                          5,519,334         4,962,142                  (557,192)           -10.10%
Kansas                        5,248,975         5,511,824                   262,849              5.01%
Kentucky                     12,514,937        12,676,374                   161,437              1.29%
Louisiana                    11,269,372        11,409,318                   139,946              1.24%
Maine                         2,887,584         2,831,274                   (56,310)            -1.95%
Maryland                     10,073,999        10,354,690                   280,691              2.79%
Massachusetts                15,988,686        15,009,154                  (979,532)            -6.13%
Michigan                     41,642,666        37,407,571                (4,235,095)           -10.17%
Minnesota                    11,474,392        10,523,152                  (951,240)            -8.29%
Mississippi                  10,523,093         9,452,885                (1,070,208)           -10.17%
Missouri                     14,549,044        15,108,428                   559,384              3.84%
Montana                       2,174,750         2,405,630                   230,880             10.62%
Nebraska                      2,288,141         2,207,155                   (80,986)            -3.54%
Nevada                        8,303,837         9,104,832                   800,995              9.65%
New Hampshire                 2,253,475         2,024,817                  (228,658)           -10.15%
New Jersey                   20,362,826        20,322,861                   (39,965)            -0.20%
New Mexico                    4,775,669         4,918,291                   142,622              2.99%
New York                     46,253,787        45,892,839                  (360,948)            -0.78%
North Carolina               24,598,968        23,736,834                  (862,134)            -3.50%
North Dakota                  2,028,651         2,024,817                    (3,834)            -0.19%
Ohio                         31,915,350        29,136,945                (2,778,405)            -8.71%
Oklahoma                      6,877,913         6,676,111                  (201,802)            -2.93%
Oregon                       11,026,583        10,760,018                  (266,565)            -2.42%
Pennsylvania                 29,506,561        28,346,353                (1,160,208)            -3.93%
Puerto Rico                  23,908,509        21,476,993                (2,431,516)           -10.17%
Rhode Island                  3,767,218         3,687,520                   (79,698)            -2.12%
South Carolina               13,916,063        12,754,206                (1,161,857)            -8.35%
South Dakota                  2,028,651         2,024,817                    (3,834)            -0.19%
Tennessee                    16,288,215        15,784,120                  (504,095)            -3.09%
Texas                        52,833,195        55,664,646                 2,831,451              5.36%
Utah                          4,121,624         5,347,985                 1,226,361             29.75%
Vermont                       2,028,651         2,024,817                    (3,834)            -0.19%
Virginia                     13,540,444        13,020,339                  (520,105)            -3.84%
Washington                   15,992,583        16,959,549                   966,966              6.05%
West Virginia                 4,315,932         4,577,244                   261,312              6.05%
Wisconsin                    13,099,180        12,342,748                  (756,432)            -5.77%
Wyoming                       2,028,651         2,024,817                    (3,834)            -0.19%
    State Total             811,460,369       809,926,844                (1,533,525)            -0.19%
American Samoa                  117,342           117,112                      (230)            -0.20%
Guam                            955,133           953,260                    (1,873)            -0.20%
Northern Marianas               353,447           352,754                      (693)            -0.20%
Palau                            75,000            75,000                         0              0.00%
Virgin Islands                  563,863           562,757                    (1,106)            -0.20%
    Outlying Areas Total      2,064,785         2,060,883                    (3,902)            -0.19%
Native Americans             12,388,708        12,365,295                   (23,413)            -0.19%

Attachment C: WIA Adult Allotments

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl19-11a3.pdf

13
                                  U.S. Department of Labor                          Attachment C
                          Employment and Training Administration
                         WIA Adult Activities State Allotments
                         Comparison of PY 2012 vs PY 2011



                             PY 2011
                         (Pre-FY 2012 0.189%                                             %
State                        Rescission)           PY 2012         Difference       Difference

Total                        $770,921,920         $770,810,637        ($111,283)        -0.01%

Alabama                         12,090,307           11,433,310         (656,997)       -5.43%
Alaska                           2,118,648            1,922,209         (196,439)       -9.27%
Arizona                         14,638,503           15,820,881        1,182,378         8.08%
Arkansas                         6,399,544            6,067,684         (331,860)       -5.19%
California                     113,937,862          120,000,208        6,062,346         5.32%
Colorado                         8,838,405           10,859,799        2,021,394        22.87%
Connecticut                      7,208,528            7,932,575          724,047        10.04%
Delaware                         1,922,487            1,922,209             (278)       -0.01%
District of Columbia             2,040,921            1,973,348          (67,573)       -3.31%
Florida                         50,666,671           53,270,412        2,603,741         5.14%
Georgia                         22,840,137           24,047,603        1,207,466         5.29%
Hawaii                           2,375,218            2,357,815          (17,403)       -0.73%
Idaho                            3,112,389            3,566,489          454,100        14.59%
Illinois                        33,485,477           30,469,621       (3,015,856)       -9.01%
Indiana                         14,120,139           13,618,422         (501,717)       -3.55%
Iowa                             3,872,586            3,670,939         (201,647)       -5.21%
Kansas                           4,349,496            4,614,871          265,375         6.10%
Kentucky                        12,990,026           13,197,513          207,487         1.60%
Louisiana                       10,979,275           10,605,200         (374,075)       -3.41%
Maine                            2,730,113            2,687,582          (42,531)       -1.56%
Maryland                         9,553,233            9,857,689          304,456         3.19%
Massachusetts                   14,398,404           13,525,014         (873,390)       -6.07%
Michigan                        38,927,229           35,029,449       (3,897,780)      -10.01%
Minnesota                       10,065,109            9,134,795         (930,314)       -9.24%
Mississippi                      9,805,450            8,823,631         (981,819)      -10.01%
Missouri                        13,419,717           14,003,193          583,476         4.35%
Montana                          2,120,862            2,348,495          227,633        10.73%
Nebraska                         1,922,487            1,922,209             (278)       -0.01%
Nevada                           8,185,256            8,978,521          793,265         9.69%
New Hampshire                    1,922,487            1,922,209             (278)       -0.01%
New Jersey                      20,215,513           20,260,335           44,822         0.22%
New Mexico                       4,573,434            4,727,107          153,673         3.36%
New York                        45,933,685           45,779,283         (154,402)       -0.34%
North Carolina                  22,906,147           22,178,866         (727,281)       -3.18%
North Dakota                     1,922,487            1,922,209             (278)       -0.01%
Ohio                            29,608,861           27,089,923       (2,518,938)       -8.51%
Oklahoma                         6,455,261            6,289,462         (165,799)       -2.57%
Oregon                          10,347,514           10,151,677         (195,837)       -1.89%
Pennsylvania                    26,995,920           26,000,980         (994,940)       -3.69%
Puerto Rico                     25,392,538           22,849,985       (2,542,553)      -10.01%
Rhode Island                     3,245,983            3,182,636          (63,347)       -1.95%
South Carolina                  13,141,414           12,076,612       (1,064,802)       -8.10%
South Dakota                     1,922,487            1,922,209             (278)       -0.01%
Tennessee                       15,820,576           15,406,376         (414,200)       -2.62%
Texas                           49,503,599           52,386,229        2,882,630         5.82%
Utah                             3,276,560            4,258,913          982,353        29.98%
Vermont                          1,922,487            1,922,209            (278)         -0.01%
Virginia                        12,422,005           11,977,315        (444,690)         -3.58%
Washington                      14,762,815           15,738,264         975,449          6.61%
West Virginia                    4,403,989            4,670,162         266,173           6.04%
Wisconsin                       11,261,887           10,586,754        (675,133)         -5.99%
Wyoming                          1,922,487            1,922,209            (278)         -0.01%
  State Total                  768,994,615          768,883,610        (111,005)        -0.01%
American Samoa                     109,235              109,218             (17)        -0.02%
Guam                               889,140              889,007            (133)        -0.01%
Northern Marianas                  329,026              328,977              (49)        -0.01%
Palau                                75,000              75,000                0          0.00%
Virgin Islands                      524,904             524,825              (79)        -0.02%
  Outlying Areas Total            1,927,305           1,927,027            (278)        -0.01%

Attachment D: Adult July and October Funding

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl19-11a4.pdf

14
                                U.S. Department of Labor                Attachment D
                        Employment and Training Administration
                               WIA Adult Activities
                             PY 2012 State Allotments

State                         Total                7/1/2012          10/1/2012

Total                        $770,810,637            $58,810,637     $712,000,000

Alabama                        11,433,310                  872,329      10,560,981
Alaska                           1,922,209                 146,659       1,775,550
Arizona                        15,820,881              1,207,088        14,613,793
Arkansas                        6,067,684                462,947         5,604,737
California                    120,000,208              9,155,671      110,844,537
Colorado                       10,859,799                828,571       10,031,228
Connecticut                      7,932,575                 605,233       7,327,342
Delaware                         1,922,209                 146,659       1,775,550
District of Columbia             1,973,348                 150,561       1,822,787
Florida                        53,270,412              4,064,379        49,206,033
Georgia                        24,047,603              1,834,763        22,212,840
Hawaii                           2,357,815                 179,895       2,177,920
Idaho                            3,566,489                 272,113       3,294,376
Illinois                       30,469,621              2,324,745        28,144,876
Indiana                        13,618,422              1,039,046        12,579,376
Iowa                            3,670,939                280,082         3,390,857
Kansas                          4,614,871                352,101         4,262,770
Kentucky                       13,197,513              1,006,932        12,190,581
Louisiana                      10,605,200                  809,146       9,796,054
Maine                            2,687,582                 205,055       2,482,527
Maryland                         9,857,689                 752,113       9,105,576
Massachusetts                  13,525,014              1,031,920        12,493,094
Michigan                       35,029,449              2,672,646        32,356,803
Minnesota                        9,134,795                 696,959       8,437,836
Mississippi                     8,823,631                673,218         8,150,413
Missouri                       14,003,193              1,068,403        12,934,790
Montana                          2,348,495                 179,183       2,169,312
Nebraska                         1,922,209                 146,659       1,775,550
Nevada                           8,978,521                 685,035       8,293,486
New Hampshire                    1,922,209                 146,659       1,775,550
New Jersey                     20,260,335              1,545,805        18,714,530
New Mexico                      4,727,107                360,665         4,366,442
New York                       45,779,283              3,492,828        42,286,455
North Carolina                 22,178,866              1,692,184        20,486,682
North Dakota                    1,922,209                146,659         1,775,550
Ohio                           27,089,923              2,066,883        25,023,040
Oklahoma                        6,289,462                  479,868       5,809,594
Oregon                         10,151,677                  774,544       9,377,133
Pennylvania                    26,000,980              1,983,800        24,017,180
Puerto Rico                    22,849,985              1,743,388        21,106,597
Rhode Island                    3,182,636                  242,826       2,939,810
South Carolina                 12,076,612                  921,411      11,155,201
South Dakota                     1,922,209                 146,659       1,775,550
Tennessee                      15,406,376              1,175,462        14,230,914
Texas                          52,386,229              3,996,919        48,389,310
Utah                             4,258,913                 324,943       3,933,970
Vermont                          1,922,209                 146,659       1,775,550
Virginia                       11,977,315                  913,835      11,063,480
Washington                     15,738,264              1,200,784        14,537,480
West Virginia                    4,670,162                 356,320       4,313,842
Wisconsin                      10,586,754                  807,739       9,779,015
Wyoming                         1,922,209                  146,659       1,775,550
   State Total                768,883,610             58,663,610      710,220,000
American Samoa                    109,218                  8,333          100,885
Guam                               889,007                  67,829        821,178
Northern Marianas                  328,977                  25,100        303,877
Palau                               75,000                   5,722         69,278
Virgin Islands                     524,825                  40,043        484,782
 Outlying Areas Total            1,927,027                 147,027       1,780,000

Attachment E: Dislocated Worker Allotments

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl19-11a5.pdf

15
                                        U.S. Department of Labor                           Attachment E
                                Employment and Training Administration
                         WIA Dislocated Worker Activities State Allotments
                                Comparison of PY 2012 vs PY 2011



                                 PY 2011
                             (Pre-FY 2012 0.189%                                                %
State                            Rescission)             PY 2012         Difference        Difference

Total                          $1,287,544,000           $1,232,217,892   ($55,326,108)         -4.30%

Alabama                             16,128,630             15,469,879         (658,751)        -4.08%
Alaska                               1,804,590              1,617,337         (187,253)       -10.38%
Arizona                             21,992,101             21,499,925         (492,176)        -2.24%
Arkansas                            6,535,066               7,022,211           487,145         7.45%
California                        170,303,818             167,279,720        (3,024,098)       -1.78%
Colorado                           13,969,269              16,138,114         2,168,845        15.53%
Connecticut                        12,117,862              12,425,813           307,951         2.54%
Delaware                            2,526,887               2,364,143          (162,744)       -6.44%
District of Columbia                 2,592,780              2,584,544            (8,236)       -0.32%
Florida                             81,270,552             77,488,229        (3,782,323)       -4.65%
Georgia                             35,502,366             36,619,541         1,117,175         3.15%
Hawaii                               2,539,205              2,544,104             4,899         0.19%
Idaho                                4,240,518              4,848,656           608,138        14.34%
Illinois                            52,391,500             45,174,858        (7,216,642)      -13.77%
Indiana                             22,971,198             19,764,183        (3,207,015)      -13.96%
Iowa                                 6,222,410              5,396,211          (826,199)      -13.28%
Kansas                               5,780,312              6,269,130           488,818         8.46%
Kentucky                            14,985,351             14,426,545          (558,806)       -3.73%
Louisiana                            8,768,499             10,053,020       1,284,521          14.65%
Maine                                3,599,239              3,411,860        (187,379)         -5.21%
Maryland                            14,302,198             13,446,336        (855,862)         -5.98%
Massachusetts                       21,065,395             18,123,153      (2,942,242)        -13.97%
Michigan                            51,285,260             37,950,243     (13,335,017)        -26.00%
Minnesota                           12,889,304             12,016,430         (872,874)        -6.77%
Mississippi                         10,150,118             10,347,245          197,127          1.94%
Missouri                            19,187,040             19,339,341          152,301          0.79%
Montana                              2,047,301              2,228,454          181,153          8.85%
Nebraska                             2,059,689              1,769,045         (290,644)       -14.11%
Nevada                              14,332,064             14,404,698           72,634          0.51%
New Hampshire                        2,764,686              2,023,863          (740,823)      -26.80%
New Jersey                          32,250,359             30,891,644        (1,358,715)       -4.21%
New Mexico                           5,179,814              4,691,620          (488,194)       -9.42%
New York                            55,889,913             53,040,830        (2,849,083)       -5.10%
North Carolina                      35,096,512             33,775,540        (1,320,972)       -3.76%
North Dakota                           499,920                491,586            (8,334)       -1.67%
Ohio                                44,079,882             37,410,700        (6,669,182)      -15.13%
Oklahoma                             6,917,377              5,818,181        (1,099,196)      -15.89%
Oregon                              15,077,317             14,179,357          (897,960)       -5.96%
Pennsylvania                        37,972,551             33,628,882        (4,343,669)      -11.44%
Puerto Rico                         13,696,022             13,792,527            96,505         0.70%
Rhode Island                         5,104,108              4,729,397          (374,711)       -7.34%
South Carolina                      19,186,456             17,247,928        (1,938,528)      -10.10%
South Dakota                           840,914                914,615            73,701         8.76%
Tennessee                           22,128,000             21,002,405        (1,125,595)       -5.09%
Texas                               62,020,936             65,045,270         3,024,334         4.88%
Utah                                 6,063,094              6,236,314           173,220         2.86%
Vermont                              1,243,942              1,060,351          (183,591)      -14.76%
Virginia                            18,481,552             16,429,934        (2,051,618)      -11.10%
Washington                          22,272,901             22,715,887           442,986         1.99%
West Virginia                        4,558,971              4,805,556           246,585         5.41%
Wisconsin                           17,345,523             15,286,735        (2,058,788)      -11.87%
Wyoming                              1,201,048                909,374          (291,674)      -24.28%
  State Total                   1,063,432,320            1,008,151,464    (55,280,856)         -5.20%
American Samoa                        182,437                  174,596         (7,841)         -4.30%
Guam                                 1,484,984               1,421,166         (63,818)         -4.30%
Northern Marianas                      549,518                 525,903         (23,615)         -4.30%
Palau                                  125,260                 119,895          (5,365)         -4.28%
Virgin Islands                         876,661                 838,985         (37,676)         -4.30%
  Outlying Areas Total              3,218,860               3,080,545         (138,315)        -4.30%
National Reserve                  220,892,820             220,985,883           93,063          0.04%

Attachment F: Dislocated Worker July and October Funding

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl19-11a6.pdf

16
                                 U.S. Department of Labor             Attachment F
                         Employment and Training Administration
                          WIA Dislocated Worker Activities
                                PY 2012 Allotments

State                           Total             7/1/2012         10/1/2012

Total                       $1,232,217,892       $172,217,892     $1,060,000,000

Alabama                         15,469,879           2,273,354       13,196,525
Alaska                           1,617,337             237,673        1,379,664
Arizona                         21,499,925           3,159,491       18,340,434
Arkansas                         7,022,211           1,031,939        5,990,272
California                     167,279,720         24,582,353       142,697,367
Colorado                        16,138,114          2,371,554        13,766,560
Connecticut                     12,425,813          1,826,018        10,599,795
Delaware                         2,364,143            347,419         2,016,724
District of Columbia             2,584,544            379,808         2,204,736
Florida                         77,488,229         11,387,173        66,101,056
Georgia                         36,619,541          5,381,373        31,238,168
Hawaii                           2,544,104            373,865         2,170,239
Idaho                            4,848,656             712,527        4,136,129
Illinois                        45,174,858           6,638,607       38,536,251
Indiana                         19,764,183           2,904,417       16,859,766
Iowa                             5,396,211             792,993        4,603,218
Kansas                           6,269,130             921,271        5,347,859
Kentucky                        14,426,545           2,120,032       12,306,513
Louisiana                       10,053,020           1,477,327        8,575,693
Maine                            3,411,860             501,385        2,910,475
Maryland                        13,446,336           1,975,987       11,470,349
Massachusetts                   18,123,153           2,663,262       15,459,891
Michigan                        37,950,243           5,576,924       32,373,319
Minnesota                       12,016,430           1,765,857       10,250,573
Mississippi                     10,347,245           1,520,565        8,826,680
Missouri                        19,339,341           2,841,985       16,497,356
Montana                          2,228,454             327,479        1,900,975
Nebraska                         1,769,045             259,967        1,509,078
Nevada                          14,404,698           2,116,822       12,287,876
New Hampshire                    2,023,863             297,414        1,726,449
New Jersey                      30,891,644           4,539,638       26,352,006
New Mexico                       4,691,620             689,450        4,002,170
New York                        53,040,830           7,794,540       45,246,290
North Carolina                  33,775,540           4,963,436       28,812,104
North Dakota                       491,586              72,240          419,346
Ohio                            37,410,700           5,497,636       31,913,064
Oklahoma                         5,818,181             855,003        4,963,178
Oregon                          14,179,357           2,083,707       12,095,650
Pennylvania                     33,628,882           4,941,885       28,686,997
Puerto Rico                     13,792,527           2,026,861       11,765,666
Rhode Island                     4,729,397             695,002        4,034,395
South Carolina                  17,247,928           2,534,645       14,713,283
South Dakota                       914,615             134,406          780,209
Tennessee                       21,002,405           3,086,379       17,916,026
Texas                           65,045,270           9,558,635       55,486,635
Utah                             6,236,314             916,449        5,319,865
Vermont                          1,060,351             155,822          904,529
Virginia                        16,429,934           2,414,438       14,015,496
Washington                      22,715,887           3,338,181       19,377,706
West Virginia                    4,805,556             706,194        4,099,362
Wisconsin                       15,286,735           2,246,440       13,040,295
Wyoming                            909,374             133,636          775,738
  State Total                1,008,151,464        148,151,464       860,000,000
American Samoa                      174,596            18,753            155,843
Guam                              1,421,166           152,644          1,268,522
Northern Marianas                   525,903            56,486            469,417
Palau                               119,895            12,878            107,017
Virgin Islands                      838,985            90,113            748,872
  Outlying Areas Total            3,080,545           330,874          2,749,671
National Reserve Total         220,985,883         23,735,554       197,250,329

Attachment G: Employment Service Allotments

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl19-11a7.pdf

17
                                 U. S. Department of Labor                         Attachment G
                          Employment and Training Administration
                         Employment Service (Wagner-Peyser)
                          PY 2012 vs PY 2011 Final Allotments


                             Final                Final                                    %
State                       PY 2011              PY 2012              Difference     Difference

Total                      $702,168,848         $700,841,900       ($1,326,948)        -0.19%

Alabama                        9,001,789            9,114,728         112,939           1.25%
Alaska                         7,632,911            7,618,486         (14,425)         -0.19%
Arizona                      13,258,184            13,416,510         158,326           1.19%
Arkansas                      5,681,857             5,641,422         (40,435)         -0.71%
California                   83,952,834            83,874,952         (77,882)         -0.09%
Colorado                     10,866,249            11,123,996         257,747           2.37%
Connecticut                   7,819,386             7,886,732          67,346           0.86%
Delaware                      1,961,280             1,957,574          (3,706)         -0.19%
District of Columbia          2,418,616             2,361,773         (56,843)         -2.35%
Florida                      41,764,675            41,597,929        (166,746)         -0.40%
Georgia                      20,557,324            20,518,463          (38,861)        -0.19%
Hawaii                        2,494,923             2,474,455          (20,468)        -0.82%
Idaho                         6,359,573             6,347,555         (12,018)         -0.19%
Illinois                     29,100,366            28,905,034        (195,332)         -0.67%
Indiana                      13,763,379            13,614,524        (148,855)         -1.08%
Iowa                           6,495,675            6,439,570          (56,105)        -0.86%
Kansas                         5,968,265            5,924,673          (43,592)        -0.73%
Kentucky                       9,075,114            9,063,496         (11,618)         -0.13%
Louisiana                      8,843,833            8,712,855        (130,978)         -1.48%
Maine                          3,781,977            3,774,830          (7,147)         -0.19%
Maryland                     11,722,275            11,687,183          (35,092)        -0.30%
Massachusetts                14,234,162            14,148,935          (85,227)        -0.60%
Michigan                     24,113,898            23,547,173        (566,725)         -2.35%
Minnesota                    11,997,952            11,868,691        (129,261)         -1.08%
Mississippi                   6,165,253             6,118,274         (46,979)         -0.76%
Missouri                     12,903,606            12,837,723          (65,883)        -0.51%
Montana                       5,197,075             5,187,254           (9,821)        -0.19%
Nebraska                       6,245,863            6,234,060          (11,803)        -0.19%
Nevada                         6,550,359            6,505,421          (44,938)        -0.69%
New Hampshire                  2,833,820            2,803,840          (29,980)        -1.06%
New Jersey                   18,929,760            19,163,297         233,537           1.23%
New Mexico                    5,832,033             5,821,012         (11,021)         -0.19%
New York                     40,044,986            39,748,915        (296,071)         -0.74%
North Carolina               19,923,339            19,836,199          (87,140)        -0.44%
North Dakota                  5,292,177             5,282,176          (10,001)        -0.19%
Ohio                         26,306,239            25,946,567        (359,672)         -1.37%
Oklahoma                      6,853,237             6,779,019         (74,218)         -1.08%
Oregon                        8,821,269             8,758,927         (62,342)         -0.71%
Pennsylvania                 26,526,233            26,310,462        (215,771)         -0.81%
Puerto Rico                   7,871,512             7,686,516        (184,996)         -2.35%
Rhode Island                   2,639,094            2,618,648          (20,446)        -0.77%
South Carolina                 9,864,977            9,785,215          (79,762)        -0.81%
South Dakota                   4,891,189            4,881,946           (9,243)        -0.19%
Tennessee                    13,083,238            13,308,517         225,279           1.72%
Texas                        48,565,592            49,945,739       1,380,147           2.84%
Utah                          7,284,273             7,113,078        (171,195)         -2.35%
Vermont                       2,291,311             2,286,981          (4,330)         -0.19%
Virginia                     15,912,960            15,905,779          (7,181)         -0.05%
Washington                   14,651,411            14,673,520          22,109           0.15%
West Virginia                 5,598,448             5,587,868         (10,580)         -0.19%
Wisconsin                    12,716,632            12,597,349        (119,283)         -0.94%
Wyoming                       3,794,821             3,787,650          (7,171)         -0.19%
 State Total                700,457,204          699,133,491        (1,323,713)        -0.19%
Guam                            328,561              327,940              (621)        -0.19%
Virgin Islands                1,383,083            1,380,469            (2,614)        -0.19%
  Outlying Areas Total         1,711,644            1,708,409           (3,235)        -0.19%

Attachment H: Workforce Information Grants

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl19-11a8.pdf

18
                                 U. S. Department of Labor                       Attachment H
                           Employment and Training Administration

                         Workforce Information Grants to States
                            PY 2012 vs PY 2011 Allotments



              State                PY 2011          PY 2012         Difference   % Difference

Total                             $31,936,000     $31,939,520        $3,520           0.01%
Alabama                               500,647          508,082        7,435           1.49%
Alaska                                288,982          289,182          200           0.07%
Arizona                               632,935          634,754        1,819           0.29%
Arkansas                              411,497          411,636          139           0.03%
California                          2,483,795        2,471,363      (12,432)         -0.50%
Colorado                              570,990          574,272        3,282           0.57%
Connecticut                           476,946          476,928          (18)          0.00%
Delaware                              296,667          296,619          (48)         -0.02%
District of Columbia                  285,384          285,345          (39)         -0.01%
Florida                             1,379,470        1,382,267        2,797           0.20%
Georgia                               821,518          822,490          972           0.12%
Hawaii                                322,344          322,178         (166)         -0.05%
Idaho                                 337,184          338,014           830          0.25%
Illinois                            1,060,267        1,059,262        (1,005)        -0.09%
Indiana                               628,290          628,745           455          0.07%
Iowa                                  450,618          450,398          (220)        -0.05%
Kansas                                429,451          429,282          (169)        -0.04%
Kentucky                              499,293          503,058         3,765          0.75%
Louisiana                             500,874          498,490        (2,384)        -0.48%
Maine                                 330,405          330,165          (240)        -0.07%
Maryland                              607,963          611,479        3,516           0.58%
Massachusetts                         671,621          674,268        2,647           0.39%
Michigan                              840,199          826,454      (13,745)         -1.64%
Minnesota                             609,146          610,066          920           0.15%
Mississippi                           403,784          409,097        5,313           1.32%
Missouri                              612,168          616,486        4,318           0.71%
Montana                               305,461          305,900          439           0.14%
Nebraska                              364,956          365,623           667          0.18%
Nevada                                412,224          406,858        (5,366)        -1.30%
New Hampshire                         335,675          335,775           100          0.03%
New Jersey                            801,753          797,757       (3,996)         -0.50%
New Mexico                            362,260          360,655       (1,605)         -0.44%
New York                            1,431,886        1,421,421      (10,465)         -0.73%
North Carolina                        800,773          796,599       (4,174)         -0.52%
North Dakota                          289,407          290,251           844          0.29%
Ohio                                  973,816          968,454        (5,362)        -0.55%
Oklahoma                              461,908          458,559        (3,349)        -0.73%
Oregon                                484,674          489,737         5,063          1.04%
Pennsylvania                        1,032,323        1,024,530        (7,793)        -0.75%
Puerto Rico                           404,628          401,448        (3,180)        -0.79%
Rhode Island                          314,871          314,447          (424)        -0.13%
South Carolina                        510,108          510,204           96           0.02%
South Dakota                          298,888          299,393          505           0.17%
Tennessee                             615,549          626,347       10,798           1.75%
Texas                               1,734,172        1,751,537       17,365           1.00%
Utah                                  410,093          410,985          892           0.22%
Vermont                               288,413          288,917          504           0.17%
Virginia                              756,466          761,294        4,828           0.64%
Washington                            677,933          674,609        (3,324)        -0.49%
West Virginia                         340,653          340,288          (365)        -0.11%
Wisconsin                             617,807          620,620        2,813           0.46%
Wyoming                               280,219          280,277           58           0.02%
   State Total                     31,759,354       31,762,865        3,511           0.01%
Guam                                   92,813           92,818             5          0.01%
Virgin Islands                         83,833           83,837             4          0.00%
  Outlying Areas Total                176,646          176,655             9          0.01%

Attachment I: WIA Agreement

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl19-11a9.pdf

19

                                                                               Attachment I


                     WORKFORCE INVESTMENT ACT (WIA) PROGRAM
                           ANNUAL FUNDING AGREEMENT
                      (Including Mod 0, initial Notice of Obligation)
                                         PY 2012




Grant/Agreement No. AA -                           CFDA #17.258 WIA Adult Program
(To be completed by DOL)                           CFDA #17.259 WIA Youth Activities
                                                   CFDA #17.278 WIA Dislocated Workers


1. Parties: Pursuant to the Governor/Secretary Agreement provided for at 20 CFR 667.110
   and 20 CFR 667.105, this grant agreement is entered into between the U.S. Department
   of Labor, Employment and Training Administration (Grantor) and the
   STATE/COMMONWEALTH of                                     (Grantee).

2. Grant Funds: This grant agreement applies to funds appropriated for Program Year
   (PY) 2012 for WIA Title I State formula-funded Youth, Adult and Dislocated Worker
   programs. Thus, it includes the Fiscal Year 2013 Advance funds to be appropriated for
   PY 2012.

3. Applicable Authority: Funds provided under this grant agreement must be expended
   in accordance with all applicable federal statutes, regulations and policies, including
   those of the Workforce Investment Act (as presently in effect and as may become
   effective during the terms of this Agreement); the applicable approved State WIA plan
   including approved modifications and amendments to the plan, and any waiver plan
   approved under 20 CFR 661.420 or Workforce Flexibility (Workflex) plan approved
   under 20 CFR 661.430; the negotiated performance levels and policies established
   pursuant to the Secretary’s authority under WIA Section 136; and the applicable
   provisions in the appropriations act(s).

4. Grant Period: This period of availability of funds is effective April 1, 2012 for Youth
   funds (July 1, 2012 for Adult and Dislocated Worker funds) through June 30, 2015.

5. Notice of Obligation: Funds shall be obligated and allocated via a Notice of Obligation
   (NOO) grant modification. Obligations and costs may not exceed the amount obligated
   by the NOO modification unless otherwise modified by the Grantor. Upon execution of
   this agreement, the “Modification 0” supplement to the agreement will serve as the
   initial PY 2012, Notice of Obligation. Funds are obligated for the amount indicated in
   the “Modification 0” document in accordance with the Grantee’s PY 2012 allotment

   levels. The Federal obligation level will be amended by the Grant Officer to increase (or
   adjust) amounts available to the Grantee as funds become available for obligation and
   additional Notice of Obligation (or Deobligation) grant modifications are required and
   issued.

6. Electronic Fund Transfers: Cash payments shall be made to the Grantee under the
   Department of Health and Human Services (HHS) Payment Management System
   (PMS).

7. Certifications and Assurances: The following are incorporated by reference and are
   a part of this agreement:

       CERTIFICATION REGARDING LOBBYING
              (29 CFR Part 93)

       DRUG-FREE WORKPLACE REQUIREMENTS CERTIFICATION
             (29 CFR Part 98)

       NONDISCRIMINATION AND EQUAL OPPORTUNITY ASSURANCE
            (29 CFR Part 37)

       CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
         RESPONSIBILITY MATTERS-- PRIMARY COVERED TRANSACTIONS
              (29 CFR Part 98)

       STANDARD FORM 424B (STANDARD ASSURANCES (NON
         CONSTRUCTION PROGRAMS)

8. Veterans’ Priority Provisions: This program, funded by the U.S. Department of Labor
   is subject to the provisions of the “Jobs for Veterans Act” (JVA), Public Law 107-288
   (38 USC 4215), as implemented by the Final Rule published on December 19, 2008 at
   73 Fed. Reg. 78132. The JVA provides priority of service to veterans and spouses of
   eligible veterans for the receipt of employment, training, and placement services.
   Agreement by a program operator to implement priority of service is a condition of
   receipt of DOL funds. The Planning Guidance (either the Stand-Alone Planning
   Guidance at 73 FR 72853 (December 1, 2008)) or the Unified Planning Guidance at 73
   FR 73730 (December 3, 2008) and TEGL 10-09 requires states to describe the policies
   and strategies in place to ensure, pursuant to the Jobs for Veterans Act and the
   regulations, that priority of service is provided to veterans (and eligible spouses) who
   otherwise meet the eligibility requirements for qualified employment and training
   programs funded in whole or in part by the U.S. Department of Labor. In addition,
   the states are required to provide assurances that they will comply with the Veterans’
   Priority of Service Provisions established by the Jobs for Veterans Act (38 USC 4215)
   and TEGL 10-09.

9. Buy American Notice Requirement: It is the sense of Congress that, to the greatest extent
    practicable, all equipment and products purchased with funds made available under the
    Workforce Investment Act should be American made. See WIA Section 505—Buy
    American Requirements.

10. Salary and Bonus Limitations: In compliance with Pub. L. 111-117 (Division D, sec.
    107), none of the funds appropriated in the Act under the heading ‘Employment and
    Training’ shall be used by a recipient or subrecipient of such funds to pay the salary
    and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess
    of Executive Level II. This limitation shall not apply to vendors providing goods and
    services as defined in OMB Circular A-133. Where States are recipients of such funds,
    States may establish a lower limit for salaries and bonuses of those receiving salaries
    and bonuses from subrecipients of such funds, taking into account factors including
    the relative cost-of-living in the State, the compensation levels for comparable State or
    local government employees, and the size of the organizations that administer Federal
    programs involved including Employment & Training Administration programs. See
    Training and Employment Guidance Letter number 5-06 for further clarification.

11. Intellectual Property Rights: The Federal Government reserves a paid-up,
    nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to
    authorize others to use for federal purposes: i) the copyright in all products
    developed under the grant, including a subgrant or contract under the grant or
    subgrant; and ii) any rights of copyright to which the grantee, subgrantee or a
    contractor purchases ownership under an award (including but not limited to
    curricula, training models, technical assistance products, and any related materials).
    Such uses include, but are not limited to, the right to modify and distribute such
    products worldwide by any means, electronically or otherwise. Federal funds may
    not be used to pay any royalty or licensing fee associated with such copyrighted
    material, although they may be used to pay costs for obtaining a copy which is limited
    to the developer/seller costs of copying and shipping. If revenues are generated
    through selling products developed with grant funds, including intellectual property,
    these revenues are program income. Program income is added to the grant and must
    be expended for allowable grant activities.

           If applicable, the following needs to be on all products developed in whole or
           in part with grant funds:

           This workforce solution was funded by a grant awarded by the U.S.
           Department of Labor’s Employment and Training Administration. The
           solution was created by the grantee and does not necessarily reflect the official
           position of the U.S. Department of Labor. The Department of Labor makes no
           guarantees, warranties, or assurances of any kind, express or implied, with
           respect to such information, including any information on linked sites and
           including, but not limited to, accuracy of the information or its completeness,
           timeliness, usefulness, adequacy, continued availability, or ownership. This

           solution is copyrighted by the institution that created it. Internal use, by an
           organization and/or personal use by an individual for non-commercial
           purposes, is permissible. All other uses require the prior authorization of the
           copyright owner.”

12. ACORN Prohibition. Section 511 of the Consolidated Appropriations Act, 2010 (P.L.
    111-117, Division E) (“CAA”), requires that no direct or indirect funding from the
    Consolidated Appropriations Act may be provided to the Association of Community
    Organizations for Reform Now (“ACORN”) or any of its subsidiaries through
    Federal grantees or contractors. DOL is required to take steps so that no Federal
    funds from the Consolidated Appropriations Act, 2010, are awarded or obligated by
    DOL grantees or contractors to ACORN or its subsidiaries as subgrantees,
    subcontractors, or other subrecipients. This prohibition applies not only to a direct
    recipient of Federal funds, but also to a subrecipient (e.g., a subcontractor,
    subgrantee, or contractor of a grantee).

13. WIA PY 2012 Agreement Transparency Act: Federal Funding Accountability and
    Transparency Act of 2006 Pub. L. 109-282 as amended by section 6202 of Pub. L. 110-
    252 (“FFATA”). Grantees must ensure that they have the necessary processes and
    systems in place to comply with the reporting requirements of FFATA. See Training
    and Employment Guidance Letter (TEGL) No. 11-10 (issued November 15, 2010)
    http://wdr.doleta.gov/directives/attach/TEGL/TEGL11-10acc.pdf (and upcoming
    Change 1), and Attachment A to this agreement.

14. Signatory Information: By signing below, the signatories agree to the terms and
    conditions of this agreement, including all applicable assurances and certifications,
    on behalf of their respective agencies indicated below. In the absence of a signature
    by the Grantee only, this award is nevertheless effective by virtue of Grantee’s
    electronic signature on the SF-424 upon which this award is based. In addition, the
    Grantee’s expenditure of any funds properly granted hereunder constitutes
    acceptance of the award, including any new or additional terms and conditions as
    may be attached hereto.

FOR GRANTEE:

        See SF-424 Signature and Clause 14 above


 BY____________________________________________________________________
  (Governor/Authorized Signatory)         Signature               Date

FOR GRANTOR: U.S. Department of Labor/Employment and Training Administration
              200 Constitution Ave NW; Room N-4716; Washington, DC 20210

 _______________________________________________________________________
   THOMAS C. MARTIN                    Signature                   Date
   Grant Officer

Attachment to Workforce Investment Act (WIA) Program Annual Funding Agreement

       WIA Agreement Clause No.13 (“Transparency Act”) Attachment
       This Grant is subject to the following Transparency Act requirements:
       2 CFR Part 170

       Appendix A to Part 170--Award Term

         I. Reporting Subawards and Executive Compensation.

         a. Reporting of first-tier subawards.
                                    1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each
         action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in
         section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to
         an entity (see definitions in paragraph e. of this award term).
                                    2. Where and when to report.
         i. You must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov.
         ii. For subaward information, report no later than the end of the month following the month in which the
         obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be
         reported by no later than December 31, 2010.)
                                    3. What to report. You must report the information about each obligating action that the submission
          instructions posted at http://www.fsrs.gov specify.

         b. Reporting Total Compensation of Recipient Executives.
                                    1. Applicability and what to report. You must report total compensation for each of your five most highly
         compensated executives for the preceding completed fiscal year, if--
         i. the total Federal funding authorized to date under this award is $25,000 or more;
         ii. in the preceding fiscal year, you received--
         (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts)
         and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and
         subawards); and
         (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts)
         and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and
         subawards) and
         iii. The public does not have access to information about the compensation of the executives through periodic
         reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or
         section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the
         compensation information, see the U.S. Security and Exchange Commission total compensation filings at
         http://www.sec.gov/answers/execomp.htm.)
                                    2. Where and when to report. You must report executive total compensation described in paragraph b.1. of
         this award term:
         i. As part of your registration profile at http://www.ccr.gov.
         ii. By the end of the month following the month in which this award is made, and annually thereafter.

         c. Reporting of Total Compensation of Subrecipient Executives.
                                    1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for
         each first-tier subrecipient under this award, you shall report the names and total compensation of each of the
         subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year,
         if--
         i. in the subrecipient's preceding fiscal year, the subrecipient received--
         (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts)
         and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and
         subawards); and
         (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts),
         and Federal financial assistance subject to the Transparency Act (and subawards); and
         ii. The public does not have access to information about the compensation of the executives through periodic
         reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or
         section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the
         compensation information, see the U.S. Security and Exchange Commission total compensation filings at
         http://www.sec.gov/answers/execomp.htm.)
                                    2. Where and when to report. You must report subrecipient executive total compensation described in
         paragraph c.1. of this award term:
         i. To the recipient.
         ii. By the end of the month following the month during which you make the subaward. For example, if a
         subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and
         31), you must report any required compensation information of the subrecipient by November 30 of that year.

  d. Exemptions
  If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the
  requirements to report:
  i. Subawards, and
  ii. The total compensation of the five most highly compensated executives of any subrecipient.

  e. Definitions. For purposes of this award term:

        1. Entity means all of the following, as defined in 2 CFR part 25:
  i. A Governmental organization, which is a State, local government, or Indian tribe;
  ii. A foreign public entity;
  iii. A domestic or foreign nonprofit organization;
  iv. A domestic or foreign for-profit organization;
  v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.

        2. Executive means officers, managing partners, or any other employees in management positions.

        3. Subaward:
  i. This term means a legal instrument to provide support for the performance of any portion of the substantive
  project or program for which you received this award and that you as the recipient award to an eligible
  subrecipient.
  ii. The term does not include your procurement of property and services needed to carry out the project or
  program (for further explanation, see Sec. ---- .210 of the attachment to OMB Circular A-
  133, ``Audits of States, Local Governments, and Non-Profit Organizations'').
  iii. A subaward may be provided through any legal agreement, including an agreement that you or a
  subrecipient considers a contract.

        4. Subrecipient means an entity that:
  i. Receives a subaward from you (the recipient) under this award; and
  ii. Is accountable to you for the use of the Federal funds provided by the subaward.

        5. Total compensation means the cash and noncash dollar value earned by the executive during the
  recipient's or subrecipient's preceding fiscal year and includes the following (for more information see
  17 CFR 229.402(c)(2)):
  i. Salary and bonus.
  ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial
  statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial
  Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
  iii. Earnings for services under non-equity incentive plans. This does not include group life, health,
  hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are
  available generally to all salaried employees.
  iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension
   plans.
  v. Above-market earnings on deferred compensation which is not tax-qualified.
  vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination
  payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive
  exceeds $10,000.

2 CFR Subtitle A, Chapter I and Part 25

Appendix A to Part 25--Award Term

I. Central Contractor Registration and Universal Identifier Requirements

A. Requirement for Central Contractor Registration (CCR)

  Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the
  currency of your information in the CCR until you submit the final financial report required under this award or
  receive the final payment, whichever is later. This requires that you review and update the information at least
  annually after the initial registration, and more frequently if required by changes in your information or another
  award term.

B. Requirement for Data Universal Numbering System (DUNS) Numbers
  If you are authorized to make subawards under this award, you:

        1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may
  receive a subaward from you unless the entity has provided its DUNS number to you.
        2. May not make a subaward to an entity unless the entity has provided its DUNS number to you.

C. Definitions

  For purposes of this award term:

1. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide
information required for the conduct of business as a recipient. Additional information about registration
procedures may be found at the CCR Internet site (currently at http://www.ccr.gov).

2. Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned
by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained
from D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webform).

3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C:
a. A Governmental organization, which is a State, local government, or Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.

4. Subaward:
a. This term means a legal instrument to provide support for the performance of any portion of the substantive
project or program for which you received this award and that you as the recipient award to an eligible
subrecipient.
b. The term does not include your procurement of property and services needed to carry out the project or
program (for further explanation, see Sec. ----.210 of the attachment to OMB Circular A-133, ``Audits of
States, Local Governments, and Non-Profit Organizations'').
c. A subaward may be provided through any legal agreement, including an agreement that you consider a
contract.

5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.

Attachment J: ES Agreement

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl19-11a10.pdf

27

                                                                         Attachment J



                             WAGNER-PEYSER ACT (W-PA)
                           ANNUAL FUNDING AGREEMENT
                       (Including Mod 0, initial Notice of Obligation)
                                    PY 2012/FY 2013



 Grant Number:                              CFDA #17.207 Employment Service/Wagner-Peyser
(To be completed by DOL)                    CFDA #17.271 Work Opportunity Tax Credit Program
                                            CFDA #17.273 Foreign Labor Certification Program



    1. Parties. Consistent with the Governor/Secretary Agreement provided for at 20
 CFR 652.4(b) and 20 CFR 667.110; this grant agreement is entered into between the
 U.S. Department of Labor (Grantor) and the STATE/COMMONWEALTH OF
                   (Grantee).


    2. Grant Funds. This grant agreement applies to funds appropriated for Program
 Year (PY) 2012 and Fiscal Year (FY) 2013 for the purposes of carrying out activities
 authorized under Sections 7(a) through 7(e) of the Wagner-Peyser Act (W-PA), as
 amended.


    3. Applicable Authority. Funds under this grant agreement must be expended in
 accordance with all applicable federal statutes, regulations and policies, including
 those of the Wagner-Peyser Act, as amended; the applicable and approved State
 plan(s) and any amendments; any negotiated performance levels; specifically
 approved statutory and regulatory waivers applicable to these funds; and the
 applicable provisions in the appropriation acts for these funds. The applicable
 State plans referenced above include the WIA/W-PA five-year Strategic State Plan
 and any modifications thereto (and for CO, MA, and MI only: including any
 demonstration of alternative service delivery methods approved as part of the applicable
 State Plan) and any other annual plans required for the receipt of funds under this
 agreement (e.g. cost reimbursable grants).


    4. Grant Expenditure Period. This Annual Funding Agreement is effective July 1,
 2012 and expires September 30, 2015 to allow for funds allocated under this
 agreement to be fully expended in accordance with the statutory/regulatory life of
 the different fund sources (subject to availability of Federal funds) including, but

not limited to: Wagner-Peyser Employment Service, Workforce Information
Grants, Foreign Labor Certification Program, and the Work Opportunity Tax
Credit Program. However, any non-formula or discretionary awards are subject
to the terms and conditions of the specific awards and plan approvals which may
include reduced expenditure periods. Commencement of expenditures is subject
to the issuance of federal obligation authority for each grant account funded under
this agreement, unless preaward costs are approved via a continuing resolution or
otherwise.


5. Notice of Obligation. Funds shall be obligated to the Grantee via a Notice of
Obligation (NOO). Obligations and costs may not exceed the amount obligated by
the NOO unless otherwise modified by the Grantor. This agreement includes the
initial PY 2012 NOO for the program which is provided as a “Modification 0” NOO
Attachment to this agreement. Funds are obligated for the amount indicated in the
NOO in accordance with the Grantee’s approved funding allocations. Subsequent PY
2012 and FY 2013 allocations will be provided via grant modification/NOOs.


6. Electronic Fund Transfers. Payments shall be made to the Grantee under the
Department of Health and Human Services (HHS) Payment Management System
(PMS).


7. Standard Certifications and Assurances. The following certifications and assurances
are incorporated by reference and made a part of this agreement, include the following:


CERTIFICATION REGARDING LOBBYING
(29 CFR Part 93)

DRUG FREE WORKPLACE REQUIREMENTS CERTIFICATION
(29 CFR Part 98)

NONDISCRIMINATION AND EQUAL OPPORTUNITY ASSURANCE
(29 CFR Part 37)

STANDARD FORM 424b - STANDARD ASSURANCES (NON-CONSTRUCTION
PROGRAMS)

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS
(29 CFR PART 98)

8. Other Administrative Requirements. In performing its responsibilities under this
agreement, the grantee further certifies and assures that it will fully comply with:


29 CFR Part 97 (Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments) and the 29 CFR Part 97 clarifications and
exceptions specified below:

      29 CFR 97.25 - Program Income. Grantees shall use the Addition method for
      computing Program Income. The grantee may deduct those costs incident to
      generation of program income from gross income to determine net program
      income provided that such costs were not charged to grant funds under this
      agreement.

      29 CFR 97.31 - Property. Real property includes both real property acquired
      under this agreement and real property transferred to this agreement from prior
      agreements.

      29 CFR 97.32 - Equipment and 29 CFR 97.33 - Supplies. Equipment and Supplies
      includes both equipment and supplies acquired under this agreement and
      equipment and supplies transferred to this agreement from prior agreements.

      Financial Reporting

      29 CFR 97.41 (a) and (b) - These are the general parameters for financial
      reporting.

      29 CFR 97.41 (b) – The Employment and Training Administration (ETA) has
      implemented a new Office of Management and Budget (OMB)-approved
      quarterly financial reporting form to be used for financial reporting starting with
      the quarter which ended September 30, 2007. The reporting instructions for the
      newly approved form are posted on the www.doleta.gov/grants website. State
      grantees are required to use the ETA Web-based reporting system for the filing
      of quarterly financial status reports. A separate report must be completed each
      quarter for each funding source (See Fund Type) provided under this agreement
      until such time as such funds for a given year have been expended or expired
      (i.e., expired due to statutory provision or expired due to terms of a specific
      grant/plan, as applicable). The software provided to grantees by the grantor
      agency will contain a menu listing all funding source reporting options to assist
      the grantees in full reporting coverage.

      29 CFR 97.41 (b) (2) - This requires grantees to report program outlays
      (expenditures) on an accrual basis.

      29 CFR 97.41 (c) (1) - The grantee is exempted from the requirement to submit the
      SF-272, Federal Cash Transactions Report, and the SF-272a, Federal Cash
      Transactions Report, continuation sheet, provided that the grantee files the SF-
      272 (e) electronic report in accordance with the HHS Payment Management
      System requirements.


OMB Circular A-87 Revised (Cost Principles for State and Local Governments) and
the provisions and exceptions specified below:

                        - For those selected items of cost requiring prior approval, the authority to grant
      or deny approval is delegated to the State for programs funded under this
      Agreement except that the Secretary reserves the right to require transfer of title
      on nonexpendable Automated Data Processing Equipment in accordance with
      the provisions at 29 CFR 97.32 (g). Pursuant to 20 CFR 652.8(d)(2), the Secretary
      reserves the right to exercise prior approval authority in other areas, after
      providing advance notice to the State. Accordingly, capital expenditures for
      real property are allowable as a direct cost only if approved by the Secretary
      (Grantor).

                        - For personnel benefit costs charged to Wagner-Peyser Act funds on behalf of
      Employment Service (ES) employees who are members of fringe benefit plans
      which do not meet the requirements of OMB Circular A-87, Attachment B, Item
      11, the costs of employer contributions or expenses incurred for ES fringe benefit
      plans are allowable as an addition to OMB Circular A-87, provided that:

      (i) For retirement plans: (A) all covered employees joined the plan before
      October 1, 1983; (B) the plan is authorized by State law; (C) the plan was
      previously approved by the Secretary; (D) the plan is insured by a private carrier
      which is licensed to operate this type of plan in the applicable State; and (E) any
      dividends or similar credits because of participation in the plan are credited
      against the next premium falling due under the contract;

      (ii) For all ES fringe benefit plans other than retirement plans, if the Secretary
      granted a time extension after October 1, 1983, to the existing approval of such a
      plan, costs of the plan are allowable until such time as the plan is comparable in
      cost and benefits to fringe benefit plans available to other similarly employed ES
      employees. At such time as the cost and benefits of an approved fringe benefit
      plan are equivalent to the cost and benefits of plans available to other similarly
      employed ES employees, the time extension will cease and the cited
      requirements of OMB Circular A-87 will apply; and

      (iii) For retirement plans and all other fringe benefit plans covered in (i) and (ii)
      of this paragraph, any additional costs resulting from improvements of the plans
      made after October 1, 1983, are not chargeable to funds under this agreement.

29 CFR PART 96 and 99 (Audit Requirements). These requirements apply as
      supplemented by the Wagner-Peyser Act regulations at 20 CFR 652.8(f).

Intergovernmental Personnel Act (42 U.S.C. 4701) and amendments thereto.

9. Veterans’ Priority Provisions: This program, funded by the U.S. Department of
Labor is subject to the provisions of the “Jobs for Veterans Act” (JVA), Public Law 107-
288 (38 USC 4215), as implemented by the Final Rule published on December 19, 2008 at
73 Fed. Reg. 78132. The JVA provides priority of service to veterans and spouses of
certain veterans for the receipt of employment, training, and placement services. The
Planning Guidance (either the Stand-Alone Planning Guidance at 73 FR 72853
(December 1, 2008)) or the Unified Planning Guidance at 73 FR 73730 (December 3,
2008) requires states to describe the policies and strategies in place to ensure, pursuant
to the Jobs for Veterans Act and the regulations, that priority of service is provided to
veterans (and certain spouses) who otherwise meet the eligibility requirements for all
employment and training programs funded by the U.S. Department of Labor. In
addition, the states are required to provide assurances that they will comply with the
Veterans’ Priority Provisions established by the Jobs for Veterans Act (38 USC 4215).


10. Salary and Bonus Limitations. In compliance with Department of Labor
Appropriations Act, 2010, Division D of Pub. L. 111-117, sec. 107, none of the funds
appropriated in the Act under the heading ‘Employment and Training’ shall be used
by a recipient or subrecipient of such funds to pay the salary and bonuses of an
individual, either as direct costs or indirect costs, at a rate in excess of Executive Level
II. This limitation shall not apply to vendors providing goods and services as defined
in OMB Circular A-133. Where States are recipients of such funds, States may
establish a lower limit for salaries and bonuses of those receiving salaries and
bonuses from subrecipients of such funds, taking into account factors including the
relative cost-of-living in the State, the compensation levels for comparable State or
local government employees, and the size of the organizations that administer
Federal programs involved including Employment & Training Administration
programs. See Training and Employment Guidance Letter number 5-06 for further
clarification.


11. Intellectual Property Rights: The Federal Government reserves a paid-up,
nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to
authorize others to use for federal purposes: i) the copyright in all products developed
under the grant, including a subgrant or contract under the grant or subgrant; and ii)
any rights of copyright to which the grantee, subgrantee or a contractor purchases
ownership under an award (including but not limited to curricula, training models,
technical assistance products, and any related materials). Such uses include, but are not
limited to, the right to modify and distribute such products worldwide by any means,

electronically or otherwise. Federal funds may not be used to pay any royalty or
licensing fee associated with such copyrighted material, although they may be used to
pay costs for obtaining a copy which is limited to the developer/seller costs of copying
and shipping. If revenues are generated through selling products developed with grant
funds, including intellectual property, these revenues are program income. Program
income is added to the grant and must be expended for allowable grant activities.

         If applicable, the following needs to be on all products developed in whole or
         in part with grant funds:

         This workforce solution was funded by a grant awarded by the U.S.
         Department of Labor’s Employment and Training Administration. The
         solution was created by the grantee and does not necessarily reflect the official
         position of the U.S. Department of Labor. The Department of Labor makes no
         guarantees, warranties, or assurances of any kind, express or implied, with
         respect to such information, including any information on linked sites and
         including, but not limited to, accuracy of the information or its completeness,
         timeliness, usefulness, adequacy, continued availability, or ownership. This
         solution is copyrighted by the institution that created it. Internal use, by an
         organization and/or personal use by an individual for non-commercial
         purposes, is permissible. All other uses require the prior authorization of the
         copyright owner.”


12. W-PA PY 2012/FY 2013 Agreement Transparency Act: Federal Funding
Accountability and Transparency Act of 2006 Pub. L. 109-282 as amended by section
6202 of Pub. L. 110-252 (“FFATA”). Grantees must ensure that they have the necessary
processes and systems in place to comply with the reporting requirements of FFATA.
See Training and Employment Guidance Letter (TEGL) No. 11-10 (issued November 15,
2010) http://wdr.doleta.gov/directives/attach/TEGL/TEGL11-10acc.pdf (and
upcoming Change 1), and Attachment A to this agreement.


13. ACORN Prohibition: Section 511 of the Consolidated Appropriations Act, 2010
(P.L. 111-117, Division E) (“CAA”), requires that no direct or indirect funding from
the Consolidated Appropriations Act may be provided to the Association of
Community Organizations for Reform Now (“ACORN”) or any of its subsidiaries
through Federal grantees or contractors. DOL is required to take steps so that no
Federal funds from the Consolidated Appropriations Act, 2010, are awarded or
obligated by DOL grantees or contractors to ACORN or its subsidiaries as
subgrantees, subcontractors, or other subrecipients. This prohibition applies not only
to a direct recipient of Federal funds, but also to a subrecipient (e.g., a subcontractor,
subgrantee, or contractor of a grantee).

14. Signatory Information: By signing below, the signatories agree to the terms and
conditions of this agreement, including all applicable assurances and certifications, on
behalf of their respective agencies indicated below. In the absence of a signature by the
Grantee only, this award is nevertheless effective by virtue of Grantee’s electronic
signature on the SF-424 upon which this award is based. In addition, the Grantee’s
expenditure of any funds properly granted hereunder constitutes acceptance of the
award, including any new or additional terms and conditions as may be attached
hereto.


FOR GRANTEE:

               See SF-424 Signature and Clause 14 above

BY____________________________________________________________________
 (Governor/Authorized Signatory)         Signature               Date


FOR GRANTOR: U.S. Department of Labor/Employment and Training Administration
             200 Constitution Ave NW; Room N-4716; Washington, DC 20210

_______________________________________________________________________
  THOMAS C. MARTIN                    Signature                   Date
  Grant Officer

Attachment to Wagner-Peyser Act (W-PA) Annual Funding Agreement

     W-PA Agreement Clause No.12 (“Transparency Act”) Attachment
     This Grant is subject to the following Transparency Act requirements:
     2 CFR Part 170

     Appendix A to Part 170--Award Term

       I. Reporting Subawards and Executive Compensation.

       a. Reporting of first-tier subawards.
                            1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each
       action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in
       section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to
       an entity (see definitions in paragraph e. of this award term).
                            2. Where and when to report.
       i. You must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov.
       ii. For subaward information, report no later than the end of the month following the month in which the
       obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be
       reported by no later than December 31, 2010.)
                            3. What to report. You must report the information about each obligating action that the submission
        instructions posted at http://www.fsrs.gov specify.

       b. Reporting Total Compensation of Recipient Executives.
                            1. Applicability and what to report. You must report total compensation for each of your five most highly
        compensated executives for the preceding completed fiscal year, if--
        i. the total Federal funding authorized to date under this award is $25,000 or more;
        ii. in the preceding fiscal year, you received--
        (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts)
        and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and
        subawards); and
        (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts)
        and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and
        subawards) and
        iii. The public does not have access to information about the compensation of the executives through periodic
        reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or
        section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the
        compensation information, see the U.S. Security and Exchange Commission total compensation filings at
       http://www.sec.gov/answers/execomp.htm.)
                            2. Where and when to report. You must report executive total compensation described in paragraph b.1. of
       this award term:
       i. As part of your registration profile at http://www.ccr.gov.
       ii. By the end of the month following the month in which this award is made, and annually thereafter.

       c. Reporting of Total Compensation of Subrecipient Executives.
                            1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for
       each first-tier subrecipient under this award, you shall report the names and total compensation of each of the
       subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year,
       if--
       i. in the subrecipient's preceding fiscal year, the subrecipient received--
       (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts)
       and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and
       subawards); and
       (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts),
       and Federal financial assistance subject to the Transparency Act (and subawards); and
       ii. The public does not have access to information about the compensation of the executives through periodic
       reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or
       section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the
       compensation information, see the U.S. Security and Exchange Commission total compensation filings at
       http://www.sec.gov/answers/execomp.htm.)
                            2. Where and when to report. You must report subrecipient executive total compensation described in
       paragraph c.1. of this award term:
       i. To the recipient.
       ii. By the end of the month following the month during which you make the subaward. For example, if a
       subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and
       31), you must report any required compensation information of the subrecipient by November 30 of that year.

  d. Exemptions
  If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the
  requirements to report:
  i. Subawards, and
  ii. The total compensation of the five most highly compensated executives of any subrecipient.

  e. Definitions. For purposes of this award term:

        1. Entity means all of the following, as defined in 2 CFR part 25:
  i. A Governmental organization, which is a State, local government, or Indian tribe;
  ii. A foreign public entity;
  iii. A domestic or foreign nonprofit organization;
  iv. A domestic or foreign for-profit organization;
  v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.

        2. Executive means officers, managing partners, or any other employees in management positions.

        3. Subaward:
  i. This term means a legal instrument to provide support for the performance of any portion of the substantive
  project or program for which you received this award and that you as the recipient award to an eligible
  subrecipient.
  ii. The term does not include your procurement of property and services needed to carry out the project or
  program (for further explanation, see Sec. ---- .210 of the attachment to OMB Circular A-
  133, ``Audits of States, Local Governments, and Non-Profit Organizations'').
  iii. A subaward may be provided through any legal agreement, including an agreement that you or a
  subrecipient considers a contract.

        4. Subrecipient means an entity that:
  i. Receives a subaward from you (the recipient) under this award; and
  ii. Is accountable to you for the use of the Federal funds provided by the subaward.

        5. Total compensation means the cash and noncash dollar value earned by the executive during the
  recipient's or subrecipient's preceding fiscal year and includes the following (for more information see
  17 CFR 229.402(c)(2)):
  i. Salary and bonus.
  ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial
  statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial
  Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
  iii. Earnings for services under non-equity incentive plans. This does not include group life, health,
  hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are
  available generally to all salaried employees.
  iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension
  plans.
  v. Above-market earnings on deferred compensation which is not tax-qualified.
  vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination
  payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive
  exceeds $10,000.

2 CFR Subtitle A, Chapter I and Part 25

Appendix A to Part 25--Award Term

I. Central Contractor Registration and Universal Identifier Requirements

A. Requirement for Central Contractor Registration (CCR)

  Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the
  currency of your information in the CCR until you submit the final financial report required under this award or
  receive the final payment, whichever is later. This requires that you review and update the information at least
  annually after the initial registration, and more frequently if required by changes in your information or another
  award term.

B. Requirement for Data Universal Numbering System (DUNS) Numbers
  If you are authorized to make subawards under this award, you:

        1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may
  receive a subaward from you unless the entity has provided its DUNS number to you.
        2. May not make a subaward to an entity unless the entity has provided its DUNS number to you.

C. Definitions

  For purposes of this award term:

1. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide
information required for the conduct of business as a recipient. Additional information about registration
procedures may be found at the CCR Internet site (currently at http://www.ccr.gov).

2. Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned
by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained
from D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webform).

3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C:
a. A Governmental organization, which is a State, local government, or Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.

4. Subaward:
a. This term means a legal instrument to provide support for the performance of any portion of the substantive
project or program for which you received this award and that you as the recipient award to an eligible
subrecipient.
b. The term does not include your procurement of property and services needed to carry out the project or
program (for further explanation, see Sec. ----.210 of the attachment to OMB Circular A-133, ``Audits of
States, Local Governments, and Non-Profit Organizations'').
c. A subaward may be provided through any legal agreement, including an agreement that you consider a
contract.

5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.

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