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Reallotment of 2011 dislocated worker funds
Summary ETA adjusted program year 2011 Dislocated Worker formula funding after one state had unobligated funds above the statutory threshold. It said $251,529 would be recaptured and reallotted to other states, with revised tables and reporting instructions attached. TEGL 20-12 later rescinded this letter and said the recaptured funds would not be reallotted.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 25-11
Date issued
April 24, 2012
Status
Rescinded
TEGL 20-12 expressly rescinded this letter on March 25, 2013 and said the recaptured $251,529 would not be reallotted.
Status last verified October 24, 2026
Is this still the rule?
This document has been rescinded. Ezel checks what federal law requires today, under current federal labor law, and answers your situation with citations.
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/2012/tegl_25_11_acc.pdf
CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION OWI
ADVISORY SYSTEM CORRESPONDENCE SYMBOL
U.S. DEPARTMENT OF LABOR
OWI
DATE
Washington, D.C. 20210 April 24, 2012
ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 25-11
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) 2011 allotments for the
Dislocated Worker program under WIA Title I Section 132(c) on recapture and reallotment.
2. References.
• Full-Year Continuing Appropriations Act, 2011, Division B, Title I and Title VIII, P.L.
112-10 (Fiscal Year (FY) 2011 Appropriations Act);
• Training and Employment Guidance Letter (TEGL) 26-10, Workforce Investment Act (WIA)
Adult, Dislocated Worker and Youth Activities Program Allotments for Program Year (PY)
2011; Final PY 2011 Allotments for the Wagner-Peyser Act Employment Service Program;
and Workforce Information Grants to States Allotments for PY 2011;
• Workforce Investment Act Section 132(c), P.L. 105-220, 29 U.S.C. 2862(c); and
• Secretary’s Reallotment Procedures, 20 CFR 667.150.
3. Background. In the FY 2011 Appropriations Act, Congress appropriated WIA PY 2011
funds in two portions: 1) funds available for obligation July 1, 2011 (i.e., PY 2011 “base”
funds), and 2) funds available for obligation October 1, 2011 (i.e., FY 2012 “advance”
funds). Together, these two portions comprise the complete PY 2011 WIA allotment. TEGL
26-10 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 of Labor (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 2010).
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 2011 funds for Adult and
Youth programs because there are not any cases where PY 2010 unobligated funds exceed
the statutory requirements of 20 percent of state allotted funds. For the Dislocated Worker
program, however, there was one state that had unobligated PY 2010 funds in excess of 20
percent. Therefore, a total of $251,529 will be recaptured from PY 2011 funding from this
one state 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 2012 advance portion of the PY 2011 allotments, which were
issued in October 2011. Attached are tables displaying the net changes to PY 2011 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 2012
advance portion of the PY 2011 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 2012 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 2011 Reallotment to States
B. WIA Dislocated Worker Activities, PY 2011 Revised Allotments with Reallotment
C. Dislocated Worker State Formula, PY 2011 Reallotment Methodology
Attachment A: Dislocated Worker Activities, PY 2011 Reallotment to States
Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl_25_11_att_a.pdf
ATTACHMENT A
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
WIA Dislocated Worker Activities
PY 2011 Reallotment to States
PY 2010 *
Excess Dislocated Total
Unobligated Worker Adjustment
PY 2010 Allotments PY 2011 to Revised
Funds for for Reallotment Total PY 2011 Total
Recapture in Eligible Amount for PY 2011 (Recapture/ PY 2011
PY 2011 States Eligible States Allotments Reallotment) Allotments
Alabama 0 17,648,171 3,770 16,103,978 3,770 16,107,748
Alaska 0 2,185,129 467 1,801,832 467 1,802,299
Arizona ** 0 22,761,022 4,862 21,958,487 4,862 21,963,349
Arkansas 0 6,859,643 1,465 6,525,077 1,465 6,526,542
California 0 192,209,289 41,056 170,043,518 41,056 170,084,574
Colorado 0 14,493,167 3,096 13,947,918 3,096 13,951,014
Connecticut 0 11,838,447 2,529 12,099,340 2,529 12,101,869
Delaware 0 2,775,581 593 2,523,025 593 2,523,618
District of Columbia 0 2,987,462 638 2,588,817 638 2,589,455
Florida 0 82,926,540 17,713 81,146,334 17,713 81,164,047
Georgia 0 40,868,318 8,730 35,448,102 8,730 35,456,832
Hawaii 0 3,264,115 697 2,535,324 697 2,536,021
Idaho 0 4,531,232 968 4,234,037 968 4,235,005
Illinois 0 54,617,380 11,666 52,311,422 11,666 52,323,088
Indiana 0 27,227,011 5,816 22,936,088 5,816 22,941,904
Iowa 0 5,881,598 1,256 6,212,899 1,256 6,214,155
Kansas 0 6,847,260 1,463 5,771,477 1,463 5,772,940
Kentucky 0 18,069,138 3,860 14,962,447 3,860 14,966,307
Louisiana 0 9,801,581 2,094 8,755,097 2,094 8,757,191
Maine 251,529 0 0 3,593,738 (251,529) 3,342,209
Maryland 0 15,524,552 3,316 14,280,338 3,316 14,283,654
Massachusetts 0 22,681,107 4,845 21,033,198 4,845 21,038,043
Michigan 0 64,477,068 13,773 51,206,873 13,773 51,220,646
Minnesota 0 18,001,919 3,845 12,869,603 3,845 12,873,448
Mississippi 0 9,857,567 2,106 10,134,604 2,106 10,136,710
Missouri 0 22,199,883 4,742 19,157,714 4,742 19,162,456
Montana 0 2,172,390 464 2,044,172 464 2,044,636
Nebraska 0 2,425,657 518 2,056,541 518 2,057,059
Nevada 0 14,109,081 3,014 14,310,158 3,014 14,313,172
New Hampshire 0 3,178,188 679 2,760,460 679 2,761,139
New Jersey 0 33,036,397 7,057 32,201,066 7,057 32,208,123
New Mexico ** 0 4,088,279 873 5,171,897 873 5,172,770
New York 0 65,461,775 13,983 55,804,488 13,983 55,818,471
North Carolina 0 43,990,709 9,397 35,042,869 9,397 35,052,266
North Dakota 0 689,396 147 499,156 147 499,303
Ohio 0 51,555,231 11,012 44,012,508 11,012 44,023,520
Oklahoma 0 6,897,559 1,473 6,906,804 1,473 6,908,277
Oregon 0 20,144,221 4,303 15,054,272 4,303 15,058,575
Pennsylvania 0 39,519,031 8,441 37,914,512 8,441 37,922,953
Puerto Rico 0 17,040,157 3,640 13,675,088 3,640 13,678,728
Rhode Island 0 6,090,021 1,301 5,096,307 1,301 5,097,608
South Carolina 0 23,064,788 4,927 19,157,131 4,927 19,162,058
South Dakota 0 999,261 213 839,629 213 839,842
Tennessee 0 26,900,645 5,746 22,094,179 5,746 22,099,925
Texas 0 61,307,760 13,096 61,926,140 13,096 61,939,236
Utah ** 0 4,620,458 987 6,053,827 987 6,054,814
Vermont 0 1,785,950 381 1,242,041 381 1,242,422
Virginia 0 18,450,205 3,941 18,453,304 3,941 18,457,245
Washington 0 24,243,473 5,178 22,238,858 5,178 22,244,036
West Virginia 0 4,545,822 971 4,552,003 971 4,552,974
Wisconsin 0 19,910,847 4,253 17,319,011 4,253 17,323,264
Wyoming 0 785,065 168 1,199,212 168 1,199,380
STATE TOTAL $251,529 $1,177,546,546 $251,529 $1,061,806,920 $0 $1,061,806,920
*I l di i i b d th t t t f l d i t / ll t t t
Attachment B: Revised Allotments with Reallotment
Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl_25_11_att_b.pdf
ATTACHMENT B
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
WIA Dislocated Worker Activities
PY 2011 Revised Allotments with Reallotment
Total Available 7/1/11 Available 10/1/11
Recapture/ Recapture/ Recapture/
Original Reallotment Revised Original Reallotment Revised Original Reallotment Revised
Alabama 16,103,978 3,770 16,107,748 3,085,372 - 3,085,372 13,018,606 3,770 13,022,376
Alaska 1,801,832 467 1,802,299 345,214 - 345,214 1,456,618 467 1,457,085
Arizona * 21,958,487 4,862 21,963,349 4,207,042 - 4,207,042 17,751,445 4,862 17,756,307
Arkansas 6,525,077 1,465 6,526,542 1,250,144 - 1,250,144 5,274,933 1,465 5,276,398
California 170,043,518 41,056 170,084,574 32,578,755 - 32,578,755 137,464,763 41,056 137,505,819
Colorado 13,947,918 3,096 13,951,014 2,672,291 - 2,672,291 11,275,627 3,096 11,278,723
Connecticut 12,099,340 2,529 12,101,869 2,318,121 - 2,318,121 9,781,219 2,529 9,783,748
Delaware 2,523,025 593 2,523,618 483,388 - 483,388 2,039,637 593 2,040,230
District of Columbia 2,588,817 638 2,589,455 495,993 - 495,993 2,092,824 638 2,093,462
Florida 81,146,334 17,713 81,164,047 15,546,882 - 15,546,882 65,599,452 17,713 65,617,165
Georgia 35,448,102 8,730 35,456,832 6,791,526 - 6,791,526 28,656,576 8,730 28,665,306
Hawaii 2,535,324 697 2,536,021 485,744 - 485,744 2,049,580 697 2,050,277
Idaho 4,234,037 968 4,235,005 811,202 - 811,202 3,422,835 968 3,423,803
Illinois 52,311,422 11,666 52,323,088 10,022,382 - 10,022,382 42,289,040 11,666 42,300,706
Indiana 22,936,088 5,816 22,941,904 4,394,341 - 4,394,341 18,541,747 5,816 18,547,563
Iowa 6,212,899 1,256 6,214,155 1,190,334 - 1,190,334 5,022,565 1,256 5,023,821
Kansas 5,771,477 1,463 5,772,940 1,105,761 - 1,105,761 4,665,716 1,463 4,667,179
Kentucky 14,962,447 3,860 14,966,307 2,866,666 - 2,866,666 12,095,781 3,860 12,099,641
Louisiana 8,755,097 2,094 8,757,191 1,677,395 - 1,677,395 7,077,702 2,094 7,079,796
Maine 3,593,738 (251,529) 3,342,209 688,527 - 688,527 2,905,211 (251,529) 2,653,682
Maryland 14,280,338 3,316 14,283,654 2,735,980 - 2,735,980 11,544,358 3,316 11,547,674
Massachusetts 21,033,198 4,845 21,038,043 4,029,765 - 4,029,765 17,003,433 4,845 17,008,278
Michigan 51,206,873 13,773 51,220,646 9,810,760 - 9,810,760 41,396,113 13,773 41,409,886
Minnesota 12,869,603 3,845 12,873,448 2,465,696 - 2,465,696 10,403,907 3,845 10,407,752
Mississippi 10,134,604 2,106 10,136,710 1,941,696 - 1,941,696 8,192,908 2,106 8,195,014
Missouri 19,157,714 4,742 19,162,456 3,670,440 - 3,670,440 15,487,274 4,742 15,492,016
Montana 2,044,172 464 2,044,636 391,644 - 391,644 1,652,528 464 1,652,992
Nebraska 2,056,541 518 2,057,059 394,014 - 394,014 1,662,527 518 1,663,045
Nevada 14,310,158 3,014 14,313,172 2,741,693 - 2,741,693 11,568,465 3,014 11,571,479
New Hampshire 2,760,460 679 2,761,139 528,879 - 528,879 2,231,581 679 2,232,260
New Jersey 32,201,066 7,057 32,208,123 6,169,425 - 6,169,425 26,031,641 7,057 26,038,698
New Mexico * 5,171,897 873 5,172,770 990,887 - 990,887 4,181,010 873 4,181,883
New York 55,804,488 13,983 55,818,471 10,691,620 - 10,691,620 45,112,868 13,983 45,126,851
North Carolina 35,042,869 9,397 35,052,266 6,713,887 - 6,713,887 28,328,982 9,397 28,338,379
North Dakota 499,156 147 499,303 95,634 - 95,634 403,522 147 403,669
Ohio 44,012,508 11,012 44,023,520 8,432,387 - 8,432,387 35,580,121 11,012 35,591,133
Oklahoma 6,906,804 1,473 6,908,277 1,323,279 - 1,323,279 5,583,525 1,473 5,584,998
Oregon 15,054,272 4,303 15,058,575 2,884,258 - 2,884,258 12,170,014 4,303 12,174,317
Pennsylvania 37,914,512 8,441 37,922,953 7,264,068 - 7,264,068 30,650,444 8,441 30,658,885
Puerto Rico 13,675,088 3,640 13,678,728 2,620,020 - 2,620,020 11,055,068 3,640 11,058,708
Rhode Island 5,096,307 1,301 5,097,608 976,405 - 976,405 4,119,902 1,301 4,121,203
South Carolina 19,157,131 4,927 19,162,058 3,670,328 - 3,670,328 15,486,803 4,927 15,491,730
South Dakota 839,629 213 839,842 160,865 - 160,865 678,764 213 678,977
Tennessee 22,094,179 5,746 22,099,925 4,233,039 - 4,233,039 17,861,140 5,746 17,866,886
Texas 61,926,140 13,096 61,939,236 11,864,472 - 11,864,472 50,061,668 13,096 50,074,764
Utah* 6,053,827 987 6,054,814 1,159,857 - 1,159,857 4,893,970 987 4,894,957
Vermont 1,242,041 381 1,242,422 237,963 - 237,963 1,004,078 381 1,004,459
Virginia 18,453,304 3,941 18,457,245 3,535,481 - 3,535,481 14,917,823 3,941 14,921,764
Washington 22,238,858 5,178 22,244,036 4,260,758 - 4,260,758 17,978,100 5,178 17,983,278
West Virginia 4,552,003 971 4,552,974 872,121 - 872,121 3,679,882 971 3,680,853
Wisconsin 17,319,011 4,253 17,323,264 3,318,161 - 3,318,161 14,000,850 4,253 14,005,103
Wyoming 1,199,212 168 1,199,380 229,758 - 229,758 969,454 168 969,622
STATE TOTAL 1,061,806,920 (0) 1,061,806,920 203,432,320 - 203,432,320 858,374,600 (0) 858,374,600
* Includes funds allocated to the Navajo Nation 03/01/12
Attachment C: Reallotment Methodology
Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl_25_11_att_c.pdf
ATTACHMENT C
Dislocated Worker (DW) State Formula
Program Year (PY) 2011 Reallotment Methodology
Reallotment Summary:
This year the Employment and Training Administration (ETA) analyzed State Workforce
Investment Act (WIA) Dislocated Worker 9130 financial reports from June 30, 2011 reporting
period for PY 2010 to determine if any state had unobligated funds in excess of 20 percent of
their PY 2010 allotment amount. If so, that amount will be recaptured from
PY 2011 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, 2011
Years covered: PY 2010 and FY 2011
Reallotment Calculation Process:
(1) Determine the unobligated balance: In order to accomplish this, ETA computes the state’s
total amount of PY 2010 state obligations (including Fiscal Year (FY) 2011 funds) for the
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
2010 DW allotment amount (adjusted for recapture/reallotment and statutory formula-based
rescissions) minus the total DW obligations. (Note: for reallotment 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 (adjusted for
recapture/reallotment and statutory formula-based rescissions). 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 2010 and FY 2011 statewide activities amounts (authorized and
obligated as of June 30, 2011). 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 PY 2010/FY 2011 DW allotment amount
(adjusted for recapture/reallotment and statutory formula-based rescissions) will have their
PY 2011 DW funding (from the FY 2012 portion) 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 2010/FY 2011 DW allotments of eligible states) in their PY 2011 DW funding (the
FY 2012 portion).
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