Effective July 1, 2006, this Technical Advisory supersedes the previous Transfer Request TA: Technical Advisory 05-8, dated May 17, 2005.

The FY 2006 Omnibus bill signed by President Bush sustains the 2005 Omnibus bill level of transfer authority at thirty percent (30%) and is effective July 1, 2006 for PY 2006 only, to provide the LWIAs with greater flexibility to manage and meet local workforce needs. This transfer authority does not apply to the Youth Program funds.

The Workforce Investment Act Final Rules, Section 667.210(a)(2) grant Local Workforce Areas the authority to expend no more than ten percent (10%) of the amount allocated to a Local Area under Sections 128(b) and 133(b) of the Act on Administrative purposes.

Any request received after July 31, 2006 to transfer funds from PY 2005 will not be approved. This is a one-time change due to the uncertainty of the Department of Labor’s final PY 2006 allocations.

1. All PY 2006 transfer requests must be received by the Office of Contract Review and Expenditure Control (OCREC) no later than June 30, 2007. A form for requesting a transfer of funds and directions for form submittal are available on the Workforce Development website, http://www.workforcenewyork.org under “Information”, “Forms”.

2. Funds retain their year-of-appropriation identity and must be tracked, accounted for and reported accordingly.

3. When transferring funds from Administration back to the originating Program funds:

   No more than the original ten percent (10%) designated as Administration when the funds were awarded can be returned to Program funds. For example, if the Program fund allocation (in this case, Adult) is $100,000 then $90,000 must be used for Program activities and no more than $10,000 may be used for program Administration. The transfer authority allows that no more than the original $10,000 may be transferred from Administration funds back to Adult Program funds.

Upon receipt of the transfer request, NYSDOL Field and FOTA staff will review the LWIA’s actual participant services and accruals/expenditure levels.

Local Areas should be aware that under spending and lack or /limited numbers of participants for a particular funding stream does not automatically provide justification for transfer of funds to another program. The Local Area should be making every available effort to expend the program funds appropriately in accordance with the area’s economic and business environment and exploring innovative ideas for outreach/marketing of services.

Once the determination has been made the appropriate notification will be sent to the LWIA.