Back to Federal guidance

2010 WIA dislocated worker fund reallotment

Summary ETA adjusted program year 2010 WIA Dislocated Worker allotments after two states had unobligated program year 2009 funds exceeding 20 percent of their allotments. It recaptured $408,982 from the FY 2011 advance portion of PY 2010 allotments and reallotted it to other states. Attachments A and B contain state tables, while Attachment C explains the calculation; reporting instructions are in the letter. ETA now lists the year-specific advisory Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 20-10
Date issued
March 10, 2011
Status
Withdrawn
ETA lists this advisory Canceled; its signed letter prints Expiration Date: Continuing and Rescissions: None. It adjusts program year 2010 allotments.
Status last verified October 24, 2026

Is this still the rule?

This document has been withdrawn. Ezel checks what federal law requires today, under current federal labor law, and answers your situation with citations.

This document has been withdrawn
ETA lists this advisory Canceled; its signed letter prints Expiration Date: Continuing and Rescissions: None. It adjusts program year 2010 allotments. It no longer reflects the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2011/TEGL20-10acc.pdf

                                                         CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                OWI
               ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
                                                         OWI
          U.S. DEPARTMENT OF LABOR
                                                         DATE
             Washington, D.C. 20210                      March 10, 2011


ADVISORY:         TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 20-10

TO:               STATE WORKFORCE AGENCIES
                  STATE WORKFORCE LIAISONS

FROM:             JANE OATES /s/
                  Assistant Secretary

SUBJECT:          Reallotment of Workforce Investment Act (WIA) Title I Formula-Allotted
                  Funds for Dislocated Worker Activities

1. Purpose. To provide adjusted funding levels for Program Year (PY) 2010 allotments for the
   Dislocated Worker program under WIA Title I Section 132(c) on recapture and reallotment.

2. References.

      Department of Labor Appropriations Act, 2010, Division D of Title I of the Consolidated
       Appropriations Act, 2010, Public Law (PL) 111-117, December 17, 2009 (Fiscal Year
       (FY) 2010 Appropriations Act)
      Training and Employment Guidance Letter (TEGL) 19-09, “Workforce Investment Act
       Adult, Dislocated Worker and Youth Activities Program Allotments for PY 2010; Final
       Wagner-Peyser Act Employment Service Program Allotments for PY 2010; and Workforce
       Information Grants to States Allotments for PY 2010”
      Workforce Investment Act (Public Law 105-220) Section 132(c); 29 United States Code
       2862(c)
      Secretary’s Reallotment Procedures, 20 Code of Federal Regulations (CFR) 667.150

3. Background. In the FY 2010 Appropriations Act, Congress appropriated WIA PY 2010
   funds in two portions: 1) funds available for obligation July 1, 2010 (i.e. PY 2010 “base”
   funds), and 2) funds available for obligation October 1, 2010 (i.e. FY 2011 “advance” funds).
   Together, these two portions comprise the complete PY 2010 WIA allotment. TEGL 19-09
   announced WIA allotments based on this appropriation and alerted states to the recapture and
   reallotment of funds’ provisions, as required under WIA Section 132(c). Under this section
   of WIA, the Secretary is required to conduct reallotment of excess unobligated WIA Adult,
   Youth, and Dislocated Worker formula funds based on state financial reports submitted at the
   end of the prior program year (i.e. PY 2009).




 RESCISSIONS                                             EXPIRATION DATE
 None                                                    Continuing
   The procedures the Secretary uses for recapture and reallotment of funds are described in the
   WIA regulations at 20 CFR 667.150. We will not recapture any PY 2010 funds for Adult and
   Youth programs because there are not any cases where PY 2009 unobligated funds exceed
   the statutory requirements of 20 percent of state allotted funds. For the Dislocated Worker
   program, however, there were two states that had unobligated PY 2009 funds in excess of 20
   percent. Therefore, a total of $408,982 will be recaptured from PY 2010 funding from these
   two states and reallotted to the remaining states, as required by WIA Section 132(c).

4. Notice of Obligation Adjustment. Notices of Obligation and Deobligation for the states
   will be issued to reflect the recapture and reallotment of these funds. The adjustment of
   funds will be made to the FY 2011 advance portion of the PY 2010 allotments, which were
   issued in October 2010. Attached are tables displaying the net changes to PY 2010 formula
   allotments and a description of the reallotment methodology.

5. Procedures and Reporting. Neither WIA statutory language nor WIA regulatory language
   provides specific requirements by which states must distribute recaptured funds among states
   and local areas, so states have flexibility to determine the methodology to be used.

   For any state from which funds are being recaptured, WIA Section 132(c)(5) requires the
   governor to prescribe equitable procedures for reacquiring funds from the state and local
   areas.

   As mentioned in Section 4 of this TEGL, the recapture/reallotment will apply to the FY 2011
   advance portion of the PY 2010 allotment. Therefore, for reporting purposes, the
   recapture/reallotment amount must be reflected (decrease or increase) in the “Total Federal
   Funds Authorized” Line of any affected FY 2011 WIA 9130 Financial Status Reports (State
   Dislocated Worker Activities, Statewide Rapid Response, Local Dislocated Worker
   Activities) in a manner consistent with the method of distribution of these amounts to state
   and local areas used by the state. An explanation of the adjustment should be included in the
   remarks section of the adjusted reports.

6. Action Requested. This guidance letter should be distributed to the appropriate WIA staff.

7. Inquiries. Questions regarding the revised allotments should be directed to the appropriate
   Regional Office.

8. Attachment.
   A. WIA Dislocated Worker Activities, PY 2010 Reallotment to States
   B. WIA Dislocated Worker Activities, PY 2010 Revised Allotments with Reallotment
   C. Dislocated Worker State Formula, PY 2010 Reallotment Methodology




                                               2

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2011/TEGL20-10aA.pdf

                                                                                                                                      ATTACHMENT A

                                                         U.S. DEPARTMENT OF LABOR
                                                   Employment and Training Administration
                                              Workforce Investment Act Dislocated Worker Activities
                                                 Program Year (PY) 2010 Reallotment to States




                              Excess            PY 2009                                                    Total
                            Unobligated    Dislocated Worker                                            Adjustment
                              PY 2009          Allotments          PY 2010                                   to           Revised
                             Funds for             for           Reallotment             Total            PY 2010           Total
                           Recapture in PY      Eligible         Amount for            PY 2010          (Recapture/       PY 2010
                               2010              States         Eligible States       Allotments        Reallotment)     Allotments

Alabama                                 0         12,621,558              4,508            17,669,335           4,508        17,673,843
Alaska                                  0          3,392,665              1,212             2,187,095           1,212         2,188,307
Arizona *                               0         16,648,405              5,947            22,788,184           5,947        22,794,131
Arkansas                                0          7,192,470              2,569             6,867,051           2,569         6,869,620
California                              0        212,284,647            75,829           192,413,016           75,829       192,488,845
Colorado                                0         13,837,694              4,943            14,509,305           4,943        14,514,248
Connecticut                             0         14,238,672              5,086            11,850,579           5,086        11,855,665
Delaware                                0          1,950,897               697              2,778,921             697         2,779,618
District of Columbia                    0          3,628,361              1,296             2,990,511           1,296         2,991,807
Florida                                 0         77,059,075            27,526             83,019,633          27,526        83,047,159
Georgia                                 0         41,902,519            14,968             40,912,792          14,968        40,927,760
Hawaii                                  0          2,067,480               739              3,268,124             739         3,268,863
Idaho                                   0          2,709,982               968              4,536,856             968         4,537,824
Illinois                                0         65,561,923            23,419             54,673,396          23,419        54,696,815
Indiana                                 0         25,076,767              8,958            27,257,656           8,958        27,266,614
Iowa                                    0          4,999,095              1,786             5,888,367           1,786         5,890,153
Kansas                                  0          4,978,239              1,778             6,855,442           1,778         6,857,220
Kentucky                                0         17,901,696              6,395            18,089,024           6,395        18,095,419
Louisiana                               0          8,857,065              3,164             9,812,674           3,164         9,815,838
Maine                                   0          4,373,817              1,562             4,578,544           1,562         4,580,106
Maryland                                0         10,767,103              3,846            15,543,289           3,846        15,547,135
Massachusetts                           0         20,303,163              7,252            22,706,846           7,252        22,714,098
Michigan                                0         75,050,239            26,808             64,544,036          26,808        64,570,844
Minnesota                               0         20,054,286              7,163            18,020,939           7,163        18,028,102
Mississippi                             0         13,594,096              4,856             9,867,047           4,856         9,871,903
Missouri                                0         24,710,779              8,827            22,223,344           8,827        22,232,171
Montana                                 0          1,679,893               600              2,174,950             600         2,175,550
Nebraska                                0          2,478,758               885              2,428,300             885         2,429,185
Nevada                                  0         13,691,153              4,891            14,124,712           4,891        14,129,603
New Hampshire                           0          2,393,494               855              3,181,956             855         3,182,811
New Jersey                        280,451                  0                  0            33,365,324        (280,451)       33,084,873
New Mexico *                            0          2,832,500              1,012             4,093,214           1,012         4,094,226
New York                                0         63,490,356            22,679             65,534,311          22,679        65,556,990
North Carolina                          0         42,493,181            15,179             44,039,515          15,179        44,054,694
North Dakota                            0            876,713               313               690,086              313           690,399
Ohio                                    0         55,974,110            19,994             51,610,221          19,994        51,630,215
Oklahoma                                0          5,762,276              2,058             6,905,534           2,058         6,907,592
Oregon                                  0         16,418,257              5,865            20,167,658           5,865        20,173,523
Pennsylvania                            0         40,639,918            14,517             39,561,993          14,517        39,576,510
Puerto Rico                             0         28,244,122            10,089             17,054,847          10,089        17,064,936
Rhode Island                      128,531                  0                  0             6,227,600        (128,531)        6,099,069
South Carolina                          0         23,633,802              8,442            23,089,893           8,442        23,098,335
South Dakota                            0            912,475               326              1,000,388             326         1,000,714
Tennessee                               0         27,141,982              9,695            26,930,077           9,695        26,939,772
Texas                                   0         51,436,825            18,374             61,378,563          18,374        61,396,937
Utah*                                   0          3,383,375              1,209             4,625,970           1,209         4,627,179
Vermont                                 0          1,673,255               598              1,787,950             598         1,788,548
Virginia                                0         13,503,287              4,823            18,472,220           4,823        18,477,043
Washington                              0         21,181,897              7,566            24,271,171           7,566        24,278,737
West Virginia                           0          3,424,387              1,223             4,551,211           1,223         4,552,434
Wisconsin                               0         15,363,236              5,488            19,934,322           5,488        19,939,810
Wyoming                                 0            558,477               199               786,008              199           786,207
STATE TOTAL                       $408,982     $1,144,950,422          $408,982        $1,183,840,000              $0     $1,183,840,000

* Includes Navajo Nation

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2011/TEGL20-10aB.pdf

                                                                                                                                                                                ATTACHMENT B

                                                                                       U.S. DEPARTMENT OF LABOR
                                                                                  Employment and Training Administration
                                                                           Workforce Investment Act Dislocated Worker Activities
                                                                         Program Year (PY) 2010 Revised Allotments with Reallotment


                                                           Total                                              Available 7/1/10                                Available 10/1/10
                                                        Recapture/                                             Recapture/                                      Recapture/
                                        Original        Reallotment         Revised             Original       Reallotment       Revised        Original       Reallotment          Revised


Alabama                                   17,669,335          4,508           17,673,843          4,833,455              -          4,833,455    12,835,880            4,508         12,840,388
Alaska                                      2,187,095         1,212            2,188,307            598,281              -            598,281     1,588,814            1,212          1,590,026
Arizona *                                 22,788,184          5,947           22,794,131          6,233,719              -          6,233,719    16,554,465            5,947         16,560,412
Arkansas                                    6,867,051         2,569            6,869,620          1,878,485              -          1,878,485     4,988,566            2,569          4,991,135
California                               192,413,016         75,829          192,488,845         52,634,673              -         52,634,673   139,778,343           75,829        139,854,172
Colorado                                  14,509,305          4,943           14,514,248          3,969,027              -          3,969,027    10,540,278            4,943         10,545,221
Connecticut                               11,850,579          5,086           11,855,665          3,241,732              -          3,241,732     8,608,847            5,086          8,613,933
Delaware                                    2,778,921              697         2,779,618            760,175              -            760,175     2,018,746              697          2,019,443
District of Columbia                        2,990,511         1,296            2,991,807            818,056              -            818,056     2,172,455            1,296          2,173,751
Florida                                   83,019,633         27,526           83,047,159         22,710,060              -         22,710,060    60,309,573           27,526         60,337,099
Georgia                                   40,912,792         14,968           40,927,760         11,191,714              -         11,191,714    29,721,078           14,968         29,736,046
Hawaii                                      3,268,124              739         3,268,863            893,997              -            893,997     2,374,127              739          2,374,866
Idaho                                       4,536,856              968         4,537,824          1,241,059              -          1,241,059     3,295,797              968          3,296,765
Illinois                                  54,673,396         23,419           54,696,815         14,955,934              -         14,955,934    39,717,462           23,419         39,740,881
Indiana                                   27,257,656          8,958           27,266,614          7,456,345              -          7,456,345    19,801,311            8,958         19,810,269
Iowa                                        5,888,367         1,786            5,890,153          1,610,766              -          1,610,766     4,277,601            1,786          4,279,387
Kansas                                      6,855,442         1,778            6,857,220          1,875,309              -          1,875,309     4,980,133            1,778          4,981,911
Kentucky                                  18,089,024          6,395           18,095,419          4,948,261              -          4,948,261    13,140,763            6,395         13,147,158
Louisiana                                   9,812,674         3,164            9,815,838          2,684,262              -          2,684,262     7,128,412            3,164          7,131,576
Maine                                       4,578,544         1,562            4,580,106          1,252,463              -          1,252,463     3,326,081            1,562          3,327,643
Maryland                                  15,543,289          3,846           15,547,135          4,251,874              -          4,251,874    11,291,415            3,846         11,295,261
Massachusetts                             22,706,846          7,252           22,714,098          6,211,469              -          6,211,469    16,495,377            7,252         16,502,629
Michigan                                  64,544,036         26,808           64,570,844         17,656,052              -         17,656,052    46,887,984           26,808         46,914,792
Minnesota                                 18,020,939          7,163           18,028,102          4,929,636              -          4,929,636    13,091,303            7,163         13,098,466
Mississippi                                 9,867,047         4,856            9,871,903          2,699,135              -          2,699,135     7,167,912            4,856          7,172,768
Missouri                                  22,223,344          8,827           22,232,171          6,079,206              -          6,079,206    16,144,138            8,827         16,152,965
Montana                                     2,174,950              600         2,175,550            594,959              -            594,959     1,579,991              600          1,580,591
Nebraska                                    2,428,300              885         2,429,185            664,263              -            664,263     1,764,037              885          1,764,922
Nevada                                    14,124,712          4,891           14,129,603          3,863,822              -          3,863,822    10,260,890            4,891         10,265,781
New Hampshire                               3,181,956              855         3,182,811            870,426              -            870,426     2,311,530              855          2,312,385
New Jersey                                33,365,324       (280,451)          33,084,873          9,127,100              -          9,127,100    24,238,224         (280,451)        23,957,773
New Mexico *                                4,093,214         1,012            4,094,226          1,119,701              -          1,119,701     2,973,513            1,012          2,974,525
New York                                  65,534,311         22,679           65,556,990         17,926,942              -         17,926,942    47,607,369           22,679         47,630,048
North Carolina                            44,039,515         15,179           44,054,694         12,047,030              -         12,047,030    31,992,485           15,179         32,007,664
North Dakota                                  690,086              313           690,399            188,773              -            188,773      501,313               313            501,626
Ohio                                      51,610,221         19,994           51,630,215         14,118,001              -         14,118,001    37,492,220           19,994         37,512,214
Oklahoma                                    6,905,534         2,058            6,907,592          1,889,012              -          1,889,012     5,016,522            2,058          5,018,580
Oregon                                    20,167,658          5,865           20,173,523          5,516,873              -          5,516,873    14,650,785            5,865         14,656,650
Pennylvania                               39,561,993         14,517           39,576,510         10,822,202              -         10,822,202    28,739,791           14,517         28,754,308
Puerto Rico                               17,054,847         10,089           17,064,936          4,665,362              -          4,665,362    12,389,485           10,089         12,399,574
Rhode Island                                6,227,600      (128,531)           6,099,069          1,703,563              -          1,703,563     4,524,037         (128,531)         4,395,506
South Carolina                            23,089,893          8,442           23,098,335          6,316,251              -          6,316,251    16,773,642            8,442         16,782,084
South Dakota                                1,000,388              326         1,000,714            273,657              -            273,657      726,731               326            727,057
Tennessee                                 26,930,077          9,695           26,939,772          7,366,735              -          7,366,735    19,563,342            9,695         19,573,037
Texas                                     61,378,563         18,374           61,396,937         16,790,135              -         16,790,135    44,588,428           18,374         44,606,802
Utah*                                       4,625,970         1,209            4,627,179          1,265,436              -          1,265,436     3,360,534            1,209          3,361,743
Vermont                                     1,787,950              598         1,788,548            489,095              -            489,095     1,298,855              598          1,299,453
Virginia                                  18,472,220          4,823           18,477,043          5,053,085              -          5,053,085    13,419,135            4,823         13,423,958
Washington                                24,271,171          7,566           24,278,737          6,639,390              -          6,639,390    17,631,781            7,566         17,639,347
West Virginia                               4,551,211         1,223            4,552,434          1,244,986              -          1,244,986     3,306,225            1,223          3,307,448
Wisconsin                                 19,934,322          5,488           19,939,810          5,453,043              -          5,453,043    14,481,279            5,488         14,486,767
Wyoming                                       786,008              199           786,207            215,013              -            215,013      570,995               199            571,194
STATE TOTAL                           1,183,840,000                -       1,183,840,000        323,840,000              -       323,840,000    860,000,000              -          860,000,000

* Includes funds allocated to the Navajo Nation

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2011/TEGL20-10aC.pdf

                                                                                           ATTACHMENT C

                                   Dislocated Worker State Formula
                            Program Year (PY) 2010 Reallotment Methodology

Reallotment Summary:
This year, the Employment and Training Administration (ETA) analyzed State Workforce Investment Act
(WIA) Dislocated Worker 9130 financial reports from the 6/30/10 reporting period for PY 2009 to determine
if any state had unobligated funds in excess of twenty percent of their PY 2009 allotment amount. If so, that
amount will be recaptured from PY 2010 funds and realloted among eligible states.

Source Data:   State WIA 9130 Financial Status Reports
Programs:      State Dislocated Worker
               State Rapid Response
               Local Dislocated Worker (includes local administration)
Period:        June 30, 2010
Years Covered: PY 2009

Reallotment Calculation Process:

1. Determine the unobligated balance: In order to accomplish this, ETA computes the state’s total amount of
   PY 2009 state obligations (including FY 2010 funds) for the Dislocated Worker (DW) program. State
   obligations are the sum of DW statewide activities obligations, Rapid Response obligations, and 100
   percent of local DW program funds (which includes funds for local administration). The state’s total
   unobligated balance for the DW program is the 2009 DW allotment amount, minus the total DW
   obligations. (Note: for re-allotment purposes, DW allotted funds transferred to the Navajo Nation are
   added back to Arizona, New Mexico, and Utah local DW authorized amounts).
2. Excluding state administrative costs: Section 667.150 of the regulations provides that the recapture
   calculations exclude the reserve for state administration, which is part of the DW statewide activities.
   Data on state administrative amounts authorized and obligated are not reported on WIA 9130 financial
   reports. In the preliminary calculation to determine states potentially liable for recapture, the DW portion
   of the state administrative amount authorized is estimated by calculating the five percent maximum
   amount for state DW administrative costs using the DW state allotment amounts. For the DW portion of
   the state administrative amount obligated, 100 percent of the estimated authorized amount is treated as
   obligated.
3. Follow-up with states potentially liable for recapture: ETA requests that those states potentially liable for
   recapture provide additional data on state administrative amounts included in the PY 2009 and FY 2010
   Statewide Activities amounts (authorized and obligated as of 6/30/10). If a state provides actual state DW
   administrative costs, authorized and obligated, in the comments section of revised 9130 reports, this data
   replaces the estimates. Based on the requested additional actual data submitted by potentially liable states
   on revised reports, the DW total allotment for these states is reduced by the DW portion of the state
   administrative amount authorized. Likewise, the DW total obligations for these states are reduced by the
   DW portion of the obligated state administrative funding.
4. Those states (including those adjusted by actual state administrative data) with unobligated balances
   exceeding 20 percent of the combined PY2009 DW allotment amount will have their PY 2010 DW
   funding (from the FY 2011 advance portion of PY 2010 DW funding made available in the FY 2010
   Appropriations Act) reduced (recaptured) by the amount of the excess.
5. Finally, states with unobligated balances which do not exceed 20 percent (eligible states) will receive a
   share of the total recaptured amount (based on their share of the total PY 2009 DW allotments of eligible
   states) in their PY 2010 DW funding (the FY 2011 advance portion of PY 2010 DW funding made
   available in the FY 2010 Appropriations Act).

What does federal law require today?

This guidance has been withdrawn. Ezel checks current federal labor law as it stands now and answers your situation with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace