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B-214937 1 (1984-08-03)

handle is hein.gao/gaobadlvk0001 and id is 1 raw text is: TNE COMPTROLLER iENINAL DECISlON OP THE UNITEO STATES WAGMINOTON, 0.C. 20154 FILE: B-214937 DATE: August 3, 1984 MATTER OF: Department of Labor -'Restoration of withdrawn Joint Training Partnership Act DIGEST: Funds The Department of Labor may -estore deobligated withdrawn funds as it proposes. The Joint Train- ing Partnership Act, 29 U.S.C. SS1501-1781, requires payments to State Governors based on formulae stated within the Act. Entitlements based on such statutory formulae may be consid- ered as obligated under authority of 31 U.S.C. S 1501(a)(5) whether or not formal recordation takes place. 31 U.S.C.S 1552(a)(2) provides au- thority for the Government to restore withdrawn funds considered as obligated under section 1501(a)(5). The Assistant Secretary for Administration and Manage- ment, Department of Labor, (DOL), has requested an advisory opinion regarding restoration of fundswhich were not recorded as obligated and were therefore withdrawn at the end of fiscal year 1983. For the reasons set forth below, we hold the funds may be restored as proposed by the DOL. The question arises in relation to the Comprehensive Employment and Training Act (CETA), 29 U.S.C. SS 801-999 (1976) (repealed October 13, 1982) and the Job Training Partnership Act, (JTPA), 29 U.S.C. SS 1501-1781 (1982). The JTPA was enacted as a replacement for CETA to promote state-administered employment training for youth, unskilled adults, and other disadvantaged individuals. The various programs authorized under the JTPA each have allotment formulae to determine the amounts of Federal funds each state is entitled to receive. For example, 29 U.S.C. S 1601 provides the formula for distribution of funds under the Adult and Youth Programs. This section states: (A) 33 1/3 percent shall be allotted on the basis of the relative number of unemployed individuals residing in areas of substantial unemployment in each State as compared to the total number of such unemployed individuals in all such areas of sub- stantial unemployment in all the States;

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