** Archive **
WIATL 21 (Transfer of Funds Waiver)
Workforce Investment Act Transmittal Letter No. 21
January 11, 2006
TO: Local Elected Officials, WIA Local Workforce Investment Boards, Fiscal Agents, Administrative Entities and One-Stop Operators
FROM: Barbara E. Riley, Director
SUBJECT: Waiver to Increase the Percentage on Transfer of Funds between the Adult and Dislocated Worker Programs


This communication provides guidance on the waiver to increase the transfer of up to 50% of local area formula allocations as of July 1, 2005, between the Adult and Dislocated Worker programs. WIA administrative entities should convey this guidance to subrecipients and other entities that provide WIA activities.

II.Effective Date

July 1, 2005 through June 30, 2007


Under the Workforce Investment Act, Public Law 105-220, dated August 7, 1998, Section 133 (b) (4) allows the local Workforce Investment Board (WIB), through the administrative entity (AE) and/or fiscal agent (FA), may request a transfer of funds between the adult and dislocated worker programs of up to 20% of the original formula allocation for each year of appropriation.

The 2003 WIA appropriations as specified in the Training and Employment Guidance Letter 23-02, dated April 1, 2003, outlined a technical amendment that increased transfer authority from 20% to no more than 30%.

On July 25, 2005, the U.S. Department of Labor (DOL) granted Ohio a waiver to increase the 30% transfer authority to no more than 50%.

IV.Guidance Statements

A WIB cannot transfer youth funds under the Workforce Investment Act.

A WIB has the discretion to use this waiver. A WIB should instruct the fiscal agent and/or administrative entity whether to implement the waiver to transfer up to 50% of local area formula allocations as of July 1, 2005, between the adult and dislocated worker programs.

Funds will retain the year of appropriation identity and must be transferred, accounted for and reported accordingly. For example, if you transfer Program Year (PY) 2005 adult funds to the dislocated worker program, you will report the transferred funds as PY 2005 dislocated worker funds. Funds transferred cannot be transferred back.

You should not transfer funds from the dislocated worker program to the adult program without regard to demands for dislocated worker services. The state will not provide Rapid Response funds to address a predictable need if a transfer has occurred from the dislocated worker program to the adult program.

A request for transfer is restricted to once a quarter. The fiscal agent will continue to use the "Request for Transfer of WIA Funds form. The form is available at https://jfs.ohio.gov/Ofs/bcfta/forms.stm. Requests for the transfer of WIA funds must be submitted to the Ohio Department of Job and Family Services, Office of Fiscal Services via the Bureau of County Finance and Technical Assistance.


There are short-term and long-term effects on program operations that could result from transfers of funds. A WIB and fiscal agent and/or administrative entity should examine the following considerations when deciding to request a transfer, but not limited to:

1.Are there adequate funds to maintain services to currently enrolled participants?

2.What is prompting the request?

  • Customer demand
  • Business demand
  • Expenditures
  • Enrollments

3.How will you respond to unforeseen events?

  • Company closings
  • Mass layoffs
  • Increased training costs

4.Will there be adequate time to meet WIA funds obligation and expenditure requirements?

  • Current program year funds obligation requirement of 80%
  • 100% of the prior year funds are expended within the second year of appropriation

5.What are short-term and long-term impacts of the transfer?

  • Significant change in business plan goals to warrant a business plan modification
  • Public comment period
  • Incumbent worker program transfer request
  • Service level and service groups

V.Technical Assistance

For additional information, you may send your questions or request to the Bureau of Workforce Services, wiaqna@odjfs.state.oh.us .


Workforce Investment Act (WIA) of 1998, Public Law 105-220, August 7, 1998, Sections 133 (a) (B) (2) and 133(b) (4), 189 (i) (4) (B);

Federal Regulation, Final Rules, August 11, 2000, 20 CFR Sections 661.420 (c) and 667.140;

DOL Training and Employment Guidance Letter No. 23-02, April 1, 2003;

Waiver Request Plan, May 9, 2005; and

U.S. DOL waiver approval letter, July 25, 2005