[wiaattorneys] FW: WIA Sec 193 - Use of Certain Real Property

  • From: "Pomerantz, Jane C. \(GC-LI\)" <jpomerantz@xxxxxxxxxxx>
  • To: "Bob Simoneau" <Bsimoneau@xxxxxxxxx>
  • Date: Fri, 2 Feb 2007 09:47:47 -0500

Here is my take on the new language after a very quick and dirty review
which does not include reading the 15 page TEGL.  JP
 

`(a) Transfer of Federal Equity- Notwithstanding any other provision of
law, any Federal equity acquired in real property through grants to
States awarded under title III of the Social Security Act (42 U.S.C. 501
et seq.) or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) is
transferred to the States that used the grants for the acquisition of
such equity. [This appears to be good for the state in that the equity
of these buildings is transferred to the state and when a state sells a
building the money no longer has to be returned to the Federal
government.] The portion of any real property that is attributable to
the Federal equity transferred under this section shall be used to carry
out activities authorized under this Act, the Wagner-Peyser Act (29
U.S.C. 49 et seq.), or title III of the Social Security Act (42 U.S.C.
501 et seq.). [This could be a problem if this equity paid for part of a
state building that a state no longer uses for WIA, W-P or UC. What does
a state then do? We don't want to sell it because other state agencies
are still using the building but we can't use it? This does not appear
to just say that WIA, W-P and UC funds can't be used to fund this
portion of the property for non WIA, W-P and UC activities but that this
portion of the property can only be used to carry out these activities.]
Any disposition of such real property shall be carried out in accordance
with the procedures prescribed by the Secretary and the portion of the
proceeds from the disposition of such real property that is attributable
to the Federal equity transferred under this section shall be used to
carry out activities authorized under this Act, the Wagner-Peyser Act,
or title III of the Social Security Act.` [Still requires the states,
which now allegedly owns the building, to use DOL procedures to sell the
buildings.  The last sentence could be good or bad depending on your
perspective.  It ensures to the state programs that money from the sale
of these properties remains within the programs. On the other hand, this
is not allowing state governments to determine where to spends its money
from buildings which now belong to that state government.]


(b) Limitation on Use- A State shall not use funds awarded under this
Act, the Wagner-Peyser Act, or title III of the Social Security Act to
amortize the costs of real property that is purchased by any State on or
after the date of enactment of the Revised Continuing Appropriations
Resolution, 2007.  [This could have a huge negative impact on state that
still purchases real estate. This would force states to lease property
rather than purpose or construct them. FYI, Pennsylvania is no longer
buying or building property for these programs.]

 
 
The new language appears to transfer the equity to the States which is a
good thing. However, states will only be able to use that real property
to carry out WIA, Wagner-Peyser and UC activities. And states will still
have to dispose of the building in accordance with DOL procedures.
Depending on who you are in the state you would ar
-----Original Message-----
From: wiaattorneys-bounce@xxxxxxxxxxxxx
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of Bob Simoneau
Sent: Thursday, February 01, 2007 3:58 PM
To: WIA Attorneys List
Subject: [wiaattorneys] WIA Sec 193 - Use of Certain Real Property
Importance: High


WIA Attorneys' Workgroup members:
 
Request for responses needed by noon (EST) on Friday, February 2.  Sorry
for the short turn-around time.
 
The House Joint Resolution 20, which passed the House of Representatives
yesterday, includes language regarding "Real Property" funded by WIA and
Wagner-Peyser.  Attached is a document with the current WIA legislation
as passed in 1998, and the proposed language in HJRes 20, which would
amend Section 193 of WIA  I would appreciate your assistance - and
expertise - in interpreting this new language into "English" :).   What
is the impact to states on their real property?  I know this has been a
major issue in several states, and you have a better handle on what it
means and the impact.
 
Also, as you know, on October 20, 2004, the Employment and Training
Administration published TEGL 7-04, "Issues Related to Real Property
Used for ETA Program Purposes."  I presume this guidance letter would
have to be taken into consideration when deciphering this language.
I've attached a copy of TEGL 7-04 - and its attachments, including Sec
667.260 of the WIA Regulations 20 CFR Part 652 (August 11, 2000) in case
you want to reference it.
 
I sincerely appreciate any response (interpretation), input and
recommendations.
 
Thanks.
 
Bob

Bob Simoneau 
NASWA 
Workforce Development Director 
444 North Capitol Street, NW  #142 
Washington, D.C.  20001 
(202) 434-8020 
Fax (202) 434-8033 
bsimoneau@xxxxxxxxx 

Other related posts:

  • » [wiaattorneys] FW: WIA Sec 193 - Use of Certain Real Property