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Fiscal Year 2015 TAA second distribution and reserve funds

Summary ETA gave states the second Fiscal Year 2015 distribution of Trade Adjustment Assistance training and related service funds and explained how to request reserve funds. The attachment lists amounts by state. ETA now labels the letter Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 40-14
Date issued
June 26, 2015
Status
Withdrawn
ETA lists this letter Canceled as of 2026-10-24; its PDF prints Expiration Date: Continuing and Rescissions: None. No cancellation instrument is identified.
Status last verified October 24, 2026

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This document has been withdrawn
ETA lists this letter Canceled as of 2026-10-24; its PDF prints Expiration Date: Continuing and Rescissions: None. No cancellation instrument is identified. 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 Treat this page as historical context, not current guidance, and verify current law before relying on anything here.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.
CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                 TAA
              ADVISORY SYSTEM                             CORRESPONDENCE SYMBOL
         U.S. DEPARTMENT OF LABOR                         OTAA
                                                          DATE
            Washington, D.C. 20210                        June 26, 2015

ADVISORY:       TRAINING AND EMPLOYMENT GUIDANCE LETTER NO: 40-14

TO:             STATE WORKFORCE AGENCIES
                STATE WORKFORCE LIAISONS
                AFFILIATE AMERICAN JOB CENTER MANAGERS
                COMPREHENSIVE AMERICAN JOB CENTER MANAGERS
                STATE WORKFORCE ADMINISTRATORS
                STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS
                STATE LABOR COMMISSIONERS
                TRADE ADJUSTMENT ASSISTANCE LEADS

FROM:           PORTIA WU /s/
                Assistant Secretary

SUBJECT:        Second Distribution of Fiscal Year (FY) 2015 Trade Adjustment Assistance
                (TAA) Training and Other Activities Funds and the Process for Requesting
                TAA Program Reserve Funds

1. Purpose. To assist State Workforce Agencies or agencies designated by Governors as
   “Cooperating State Agencies” (CSAs) (also jointly referred to as “states”) in administering
   the TAA program by identifying the FY 2015 Second Distribution amounts to states and
   describing the formula methodology the Department of Labor (Department or We) used to
   calculate these amounts; and to describe the process for states to request TAA program
   reserve funds for training, employment and case management services, job search
   allowances, relocation allowances, and related state administration.
2. References.
   • Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) (FY
      2015 Omnibus Appropriations Act) and accompanying explanatory statement regarding
      the House Amendment to the Senate Amendment H.R. 83, 160 Cong. Rec. H9307,
      H9827 (daily ed. Dec. 11, 2014);
   • Chapter 2 of Title II of the Trade Act of 1974, as amended (Pub. L. 93-618) (1974 Act, as
      amended, Trade Act);
   • Trade Adjustment Assistance Reform Act of 2002, Division A, Title I, Subtitle A of the
      Trade Act of 2002 (Pub. L. 107-210) (as amended by the Miscellaneous Trade and
      Technical Corrections Act of 2004, Pub. L. 108-429) (TAARA);
   • Trade and Globalization Adjustment Assistance Act of 2009, Division B, Title I, Subtitle
      I of the American Recovery and Reinvestment Act of 2009, (Pub. L. 111-5) (TGAAA);
   • Omnibus Trade Act of 2010 (Pub. L. 111-344) (Omnibus Trade Act);
   • Trade Adjustment Assistance Extension Act of 2011 (Pub. L. 112-40) (TAAEA);

 RESCISSIONS                                             EXPIRATION DATE
 None                                                    Continuing

   •   WIOA, Public Law (Pub. L.) 113-128, enacted July 22, 2014;
   •   20 CFR 618 Trade Adjustment Assistance, Subpart I;
   •   Training and Employment Guidance Letter (TEGL) No. 11-02, Operating Instructions for
       Implementing the Amendments to the Trade Act of 1974 Enacted by the Trade Act of
       2002, and its Changes 1, 2, and 3;
   •   TEGL No. 2-03, Interim Operating Instructions for Implementing the Alternative Trade
       Adjustment Assistance (ATAA) for Older Workers Program Established by the Trade
       Adjustment Assistance Reform Act of 2002, and its Changes 1 and 2;
   •   TEGL No. 22-08, Operating Instructions for Implementing the Amendments to the Trade
       Act of 1974 Enacted by the Trade and Globalization Adjustment Assistance Act of 2009
       and its Change 1;
   •   TEGL No. 6-09, Instructions for Implementing the Revised 2010 Trade Adjustment
       Assistance Trade Activity Participant Report (TAPR), and its Changes 1 and 2;
   •   TEGL No. 10-11, Operating Instructions for Implementing the Amendments to the Trade
       Act of 1974 Enacted by the Trade Adjustment Assistance Extension Act of 2011 (TAAEA)
       and its Changes 1 and 2;
   •   TEGL No. 7-13, Operating Instructions for Implementing the Sunset Provisions of the
       Amendments to the Trade Act of 1974 Enacted by the Trade Adjustment Assistance
       Extension Act of 2011 (TAAEA or the 2011 Amendments);
   •   TEGL No. 12-13: Fiscal Year (FY) 2014 State Initial Allocations for Trade Adjustment
       Assistance (TAA) Training and Other Activities and the Process for Requesting TAA
       Program Reserve Funds;
   •   TEGL No. 19-14: Vision for the Workforce System and Initial Implementation of the
       Workforce Innovation and Opportunity Act;
   •   TEGL 20-14: Fiscal Year (FY) 2015 State Initial Allocations for Trade Adjustment
       Assistance (TAA) Training and Other Activities and the Process for Requesting TAA
       Program Reserve Funds; and
   •   Trade Adjustment Assistance (TAA) Annual Cooperative Financial Agreement (CFA)
       Fiscal Year 2015.
3. Background. The states continue to operate four TAA programs under the Trade Act (the
   2002 Program, the 2009 Program, the 2011 Program, and the Reversion 2014 Program) as
   established under TAARA, TGAAA and the Omnibus Trade Act, and TAAEA, in
   accordance with the Operating Instructions contained in TEGL No. 11-02 and its Changes,
   TEGL No. 02-03 and its Changes; TEGL No. 22-08 and its Change, TEGL No. 6-09, TEGL
   No. 10-11 and its Changes, and TEGL No. 7-13. TEGL No. 16-14 advised states that the FY
   2015 Omnibus Appropriations Act was signed into law on December 16, 2014, and had the
   effect of continuing the full operation of the TAA program through September 30, 2015.
   TEGL No. 20-14 explained the calculation for determining the funds available to states for
   TAA Training and Other Activities in the FY 2015 Initial Allocation and the process for
   requesting TAA program reserve funds.
   TEGL No. 20-14 also explained that the regulations codified at 20 CFR 618.910 provide that
   65 percent of the fiscal year funds are to be distributed by formula when the appropriation for
   the full fiscal year is available. The remaining 35 percent of the funds are held in reserve for
   later distribution or provided to states in need of reserve funds, in accordance with 20 CFR
   618.920.

                                                2

4. Second Distribution of FY 2015 Funds. In accordance with 20 CFR 618.930, by July 15,
   of each fiscal year, at least 90 percent of the funds appropriated for the entire fiscal year will
   be distributed. This Second Distribution is the subject of this TEGL. Any funds that remain
   after the Second Distribution of funds and any subsequent reserve requests will be allocated
   to the states before the end of the fiscal year.

   We derived the FY 2015 Second Distribution amount by using 90 percent of the FY 2015
   Federal Unemployment Benefits and Allowances (FUBA) appropriation amount, post-
   sequestration, as the starting point. Note: The FY 2015 FUBA appropriation is described in
   TEGL No. 20-14 including a discussion of the derivation of pre-sequestration and post-
   sequestration amounts. Next, we subtracted the sum of the Initial Allocation and all accepted
   reserve fund requests received by the Department on or before June 1, 2015, from this
   amount. The remaining amount is the total Second Distribution amount to be distributed by
   formula to states, as announced in the Attachment of this TEGL. The Second Distribution of
   funds will be distributed to those states that received an Initial Allocation, using the same
   methodology as used for the Initial Allocation and according to the requirements set forth in
   20 CFR 618.930.
5. Funding Formula and the Process for Requesting Reserve Funds. The Attachment to
   this TEGL provides the amounts of FY 2015 funds that we will distribute in the Second
   Distribution, by state. These amounts were determined under the TAA funding formula as
   described in 20 CFR 618.910(f) and below:
        A. TAA Formula Funds:
        1. Trend in number of workers covered by certifications during the most recent four
           consecutive calendar quarters for which data are available;
         2. Trend in number of workers participating in training during the most recent four
            consecutive calendar quarters for which data are available;
         3. Number of workers estimated to be participating in training during the fiscal year;
            and
         4. Estimated amount of funding needed to provide approved training to such workers
            during the fiscal year.
            Factor 1 was established using the most recent four quarters (FY 2014 Quarter 2
            through FY 2015 Quarter 1) of data for certified workers by state, and the quarters
            will be weighted 40 percent; 30 percent; 20 percent; and 10 percent, respectively,
            from the most recent to the earliest quarter. This approach establishes a trend, giving
            the most recent quarters a greater impact on each factor than an earlier quarter.
            Factor 2 was established using the most recent four quarters (FY 2014 Quarter 2
            through FY 2015 Quarter 1) of data for workers participating in training by state, and
            the quarters will be weighted 40 percent; 30 percent; 20 percent; and 10 percent,
            respectively, from the most recent quarter to least recent quarter. As with Factor 1,
            this approach establishes a trend, giving the most recent quarters a greater impact on
            each factor than an earlier quarter.
            Factor 3 was determined by dividing the weighted average number of training
            participants for the state determined in Factor 2 by the sum of the weighted averages

                                                  3

            for all states and multiplying the resulting ratio by the projected national average of
            training participants for the fiscal year, using the estimates underlying the
            Department’s most recent budget submission or update.
            Factor 4 was calculated by multiplying the estimated number of participants in
            Factor 3 by the average training cost per participant in the state. The average training
            cost was calculated by dividing total training expenditures for the most recent four
            quarters by the average number of training participants for the same period.
            Once each of the four factors were determined for each state under 20 CFR
            618.910(f)(3), all four factors will be assigned an equal weight. For FY 2015, the
            weight is 25 percent of the total for each factor.
            Using the steps above, the Department determined each state’s percentage of the
            national total for each factor. Using each state’s percentage of each of these
            weighted factors, we determined the unadjusted percentage that the state will receive
            of the amount available for the Second Distribution.
        B. TAA Program Reserve Funds: States may request reserve funds in accordance with
           20 CFR 618.920(b) at any other time during the fiscal year. The procedures for
           requesting reserve funds and the eligibility for receiving reserve funds have not
           changed since the issuance of TEGL No. 20-14.
            States must use the Reserve Funding Request Form ETA-9117 (OMB No. 1205-
            0275) to request these funds. To be eligible for TAA program reserve funds, a state
            must demonstrate that at least 50 percent of TAA funds made available to that state
            in the current fiscal year and the two preceding fiscal years have been expended or
            that the state needs additional funds to meet unusual or unexpected events. A state
            requesting reserve funds must also provide a documented estimate of expected
            funding needs through the end of the fiscal year. States must base their estimate on
            an analysis that includes at least the following:
               • The average cost of training in the state;
               • The expected number of participants in Training and Other Activities through
                 the end of the fiscal year; and
               • The remaining funds the state has available for Training and Other Activities.
6. Use of Funds. A state’s allocation of FY 2015 funds in this distribution may be used to pay
   the costs for the provision of Training and Other Activities, including costs of related state
   administration and employment and case management services that states incur in the
   provision of these benefits and services. However, use of the FY 2015 funds is subject to the
   following restrictions under the FY 2015 TAA Annual Cooperative Financial Agreement:

   •   State Administration. Not more than 20 percent of funds a state receives for Training and
       Other Activities, including this distribution, may be used for administration (related state
       administration) of the TAA programs. The definition of related state administration has
       not changed. It continues to include the necessary and reasonable costs of administering
       Training and Other Activities, and may include the administrative costs associated with
       processing waivers of the training requirement, collecting, validating and reporting data,
       and providing Reemployment Trade Adjustment Assistance (RTAA) or Alternative Trade

                                                 4

       Adjustment Assistance (ATAA). However, if a state does not need all the funds allocated
       for related state administration for that purpose and needs additional funds for training,
       the state may use related state administration funds for training.

   •   Employment and Case Management Services. At least 5 percent of the total FY 2015
       funds a state receives must be used to provide employment and case management services
       to workers covered by petitions certified under the 2009 Program and the 2011 Program.
       Therefore, a state may use more than 5 percent of the total FY 2015 Training and Other
       Activities’ allocation, including this distribution, to provide employment and case
       management services if it determines that greater funds are needed to provide such
       services to 2009 Program and the 2011 Program participants in its state. However, FY
       2015 funds may not be used to provide employment and case management services to
       2002 Program or Reversion 2014 Program participants.
       TEGL No. 19-14 explains that the Workforce Innovation and Opportunity Act (WIOA)
       seeks to modernize the workforce system to provide comprehensive, integrated and
       streamlined services, which requires linking and aligning the different one-stop center
       partners. As a required one-stop center partner, (one-stop centers are currently branded as
       American Job Centers), the TAA program is a vital resource within the workforce system.
       TAA participants will continue, under WIOA, to be customers in the system and
       therefore, states may use their employment and case management funds for TAA’s share
       in an appropriate cost-allocation of system enhancements that allow for the successful
       integration, including monitoring and reporting of TAA-funded employment and case
       management services. Technical assistance is provided on OTAA’s website at
       www.doleta.gov/tradeact/taafiscal.cfm on allowable expenditures of the TAA program’s
       related state administration and employment and case management funds, and all
       guidance related to WIOA and ETA programs may be found at www.doleta.gov/wioa.
7. Action Requested. CSAs are required to implement the guidance in this TEGL and must
   continue to administer the 2002 Program, the 2009 Program, the 2011 Program, and the
   Reversion 2014 Program in accordance with applicable Operating Instructions referenced in
   section 2 above. CSAs must inform all appropriate staff of the contents of this guidance.
8. Inquiries. CSAs should direct all inquiries to the appropriate ETA regional office.
9. Attachment. TAA FY 2015 Second Distribution Amounts by State

                                                5

Attachment 1

Official attachment: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2015/TEGL_40-14_Attachment.pdf

Attachment:
      Trade Adjustment Assistance Fiscal Year (FY) 2015 Second Distribution Amounts by State
                                                                                                              Employment & Case
                                     Total Second Distribution for      State Administration Funding
            State                                                                                             Management Funding
                                     Training and Other Activities 1     Amount (20%) Maximum 2
                                                                                                              Amount Minimum 3
          Alabama                $                  503,143.00          $         100,628.60              $         25,157.15
            Alaska               $                               -      $                       -         $                   -
           Arizona               $                  192,256.00          $          38,451.20              $          9,612.80
          Arkansas               $               2,355,111.00           $         471,022.20              $       117,755.55
          California             $               3,201,077.00           $         640,215.40              $       160,053.85
          Colorado               $                  330,754.00          $          66,150.80              $         16,537.70
        Connecticut              $                  988,565.00          $         197,713.00              $         49,428.25
          Delaware               $                  103,595.00          $          20,719.00              $          5,179.75
    District Of Columbia         $                               -      $                       -         $                   -
           Florida               $                  923,422.00          $         184,684.40              $         46,171.10
           Georgia               $                  938,090.00          $         187,618.00              $         46,904.50
           Hawaii                $                               -      $                       -         $                   -
             Idaho               $                  336,626.00          $          67,325.20              $         16,831.30
            Illinois             $               1,485,103.00           $         297,020.60              $         74,255.15
           Indiana               $                  792,003.00          $         158,400.60              $         39,600.15
              Iowa               $               1,155,487.00           $         231,097.40              $         57,774.35
           Kansas                $               1,100,837.00           $         220,167.40              $         55,041.85
          Kentucky               $               1,109,417.00           $         221,883.40              $         55,470.85
          Louisiana              $                  294,429.00          $          58,885.80              $         14,721.45
            Maine                $               1,013,155.00           $         202,631.00              $         50,657.75
          Maryland               $               1,777,927.00           $         355,585.40              $         88,896.35
       Massachusetts             $               1,104,926.00           $         220,985.20              $         55,246.30
          Michigan               $               2,843,143.00           $         568,628.60              $       142,157.15
         Minnesota               $               1,628,530.00           $         325,706.00              $         81,426.50
         Mississippi             $                  259,596.00          $          51,919.20              $         12,979.80
          Missouri               $               1,681,417.00           $         336,283.40              $         84,070.85
          Montana                $                               -      $                       -         $                   -
          Nebraska               $                  144,479.00          $          28,895.80              $          7,223.95
           Nevada                $                               -      $                       -         $                   -
      New Hampshire              $                  169,046.00          $          33,809.20              $          8,452.30
         New Jersey              $               1,117,711.00           $         223,542.20              $         55,885.55
        New Mexico               $                  525,381.00          $         105,076.20              $         26,269.05
          New York               $               2,821,906.00           $         564,381.20              $       141,095.30
       North Carolina            $               2,046,479.00           $         409,295.80              $       102,323.95
       North Dakota              $                               -      $                       -         $                   -
              Ohio               $               2,606,357.00           $        521,271.40               $       130,317.85
         Oklahoma                $                  288,235.00          $          57,647.00              $         14,411.75
           Oregon                $               1,879,822.00           $        375,964.40               $         93,991.10
        Pennsylvania             $               4,479,727.00           $        895,945.40               $       223,986.35
         Puerto Rico             $                  298,217.00          $          59,643.40              $         14,910.85
        Rhode Island             $                  149,389.00          $          29,877.80              $          7,469.45
       South Carolina            $               1,869,026.00           $        373,805.20               $         93,451.30
       South Dakota              $                   67,485.00          $          13,497.00              $          3,374.25
         Tennessee               $               1,584,266.00           $        316,853.20               $         79,213.30
             Texas               $               6,816,697.00           $      1,363,339.40               $       340,834.85
              Utah               $                  346,694.00          $          69,338.80              $         17,334.70
          Vermont                $                  408,353.00          $          81,670.60              $         20,417.65
           Virginia              $                  750,668.00          $        150,133.60               $         37,533.40
        Washington               $               1,826,838.00           $        365,367.60               $         91,341.90
        West Virginia            $                  702,564.00          $        140,512.80               $         35,128.20
          Wisconsin              $               1,784,226.00           $        356,845.20               $         89,211.30
          Wyoming                $                               -      $                       -         $                   -
            TOTAL                $             58,802,175.00            $    11,760,435.00                $     2,940,108.75

1
  The state Second Distribution amounts listed are in dollars, and were derived using the formula factors described in 20 CFR 618.910. These amounts
include the amounts listed in the State Administration and Employment and Case Management columns above.
2
  States may use not more than 20 percent of their FY 2015 allocation for Training and Other Activities for State Administration. Amounts listed in this
column are shown to illustrate the maximum amount of funds that may be used for State Administration.
3
  States may use not less than 5 percent of their FY 2015 allocation for Employment and Case Management Services. Amounts listed in this column are
shown to illustrate the minimum amount of funds that must be used for Employment and Case Management Services.

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