[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Notices]
[Pages 66901-66902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21195]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Comment Request; 
Workforce Innovation and Opportunity Act (WIOA) Common Performance 
Reporting

ACTION: Notice.

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SUMMARY: The Department of Labor's (DOL) Employment and Training 
Administration (ETA) is soliciting comments concerning a proposed 
extension for the authority to conduct the information collection 
request (ICR) titled, Workforce Innovation and Opportunity Act (WIOA) 
Common Performance Reporting. This comment request is part of 
continuing Departmental efforts to reduce paperwork and respondent 
burden in accordance with the Paperwork Reduction Act of 1995 (PRA).

DATES: Consideration will be given to all written comments received by 
November 27, 2023.

ADDRESSES: A copy of this ICR with applicable supporting documentation, 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden, may be obtained free by 
contacting Kellen Grode by telephone at (202) 693-3534 (this is not a 
toll-free number), TTY 1-877-889-5627 (this is not a toll-free number), 
or by email at [email protected].
    Submit written comments about, or requests for a copy of, this ICR 
by mail or courier to the U.S. Department of Labor, Employment and 
Training Administration, Office of Policy Development and Research, 200 
Constitution Ave. NW, Room N-5641, Washington, DC 20210; by email: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Kellen Grode by telephone at (202) 
693-3534, (this is not a toll-free number) or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: DOL, as part of continuing efforts to reduce 
paperwork and respondent burden, conducts a pre-clearance consultation 
program to provide the general public and Federal agencies an 
opportunity to comment on proposed and/or continuing collections of 
information before submitting them to the Office of Management and 
Budget (OMB) for final approval. This program helps to ensure requested 
data can be provided in the desired format, reporting burden (time and 
financial resources) is minimized, collection instruments are clearly 
understood, and the impact of collection requirements can be properly 
assessed.
    Section 116 of WIOA (29 U.S.C. 3141) authorizes this information 
collection. This information collection requires States and Local Areas 
that operate the six core programs of the workforce development system 
to comply with common performance accountability requirements for those 
programs, which are: the Adult, Dislocated Worker, and Youth programs 
(title I, administered by DOL); the Wagner-Peyser Act program (title 
III, administered by DOL); the Adult Education and Family Literacy Act 
(AEFLA) program (title II, administered by ED); and the Vocational 
Rehabilitation (VR) program (title IV, administered by ED). As such, 
States and Local Areas that operate core programs must submit common 
performance data to demonstrate that specified performance levels are 
achieved. States and Local Areas will report the common performance 
data through this ICR.
    In addition, and in accordance with WIOA section 122(b)(2), 
training providers that are eligible to receive funds from Adult and 
Dislocated Worker programs authorized under title I of WIOA (also known 
as ``eligible training providers'' or ETPs) must report data on 
outcomes achieved under those programs to the State(s) in which they 
are listed on the State ETP list. States then report the information 
submitted by ETPs to DOL. The information collection requirements 
applicable to ETPs are contained in this ICR.
    Section 116(d)(1) of WIOA mandates that the Secretaries of Labor 
and Education develop a template for performance reports to be used by 
States, local boards, and ETPs for reporting on outcomes achieved by 
participants in the six core programs. Corresponding joint regulations 
for these data collection requirements, including which primary 
performance indicators apply for each core program, have been issued by 
the Departments. See 81 FR 55792 (Aug. 19, 2016). The final regulations 
became effective on October 18, 2016. These joint performance 
regulations can be found at: (1) 20 CFR part 677 (which covers the 
Adult and Dislocated Worker programs (20 CFR part 680), the Youth 
program (20 CFR part 681), and the Wagner-Peyser Act program (20 CFR 
part 652)); (2) 34 CFR part 463, subpart I (which covers the AEFLA 
program); and (3) 34 CFR part 361, subpart E (which covers the VR 
program).
    The data collection instruments covered in this ICR, are necessary 
to meet the requirements of section 116 of WIOA. These information 
collection instruments were developed jointly by the Departments, and 
include: (1) the Joint Participant Individual Record Layout (PIRL), 
which provides a standardized set of data elements, definitions, and 
reporting instructions for use by States and local entities 
administering WIOA core programs (ETA-9170); (2) the Statewide 
Performance Report Template, to be used for the reporting of data by 
State entities that administer WIOA core programs (ETA-9169); (3) the 
Local Area Performance Report Template, to be used for the reporting of 
data by local entities that administer WIOA core programs (ETA-9169); 
(4) the ETP Performance Report specifications and definitions, to be 
used for the reporting

[[Page 66902]]

of data by eligible providers of training services under title I Adult 
and Dislocated Worker programs (ETA-9171); and (5) the Annual Statewide 
Performance Report Narrative, an information collection requirement to 
be used for providing information on the status and progress of 
workforce development program performance.
    WIOA establishes six primary indicators of performance. Currently, 
the regulations contain definitions for five of the six performance 
indicators. However, in the final rule implementing WIOA, the 
Departments indicated that they would initially implement the sixth 
indicator of performance--effectiveness in serving employers--in the 
form of a pilot program to test the feasibility and rigor of the three 
proposed approaches. With the pilot completed, the Departments are 
engaging in this rulemaking that proposes to define the performance 
indicator for effectiveness in serving employers for the regulations 
implementing the jointly administered requirements governing WIOA's six 
core programs.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by OMB under the PRA and displays a 
currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6.
    Interested parties are encouraged to provide comments to the 
contact shown in the ADDRESSES section. Comments must be written to 
receive consideration, and they will be summarized and included in the 
request for OMB approval of the final ICR. In order to help ensure 
appropriate consideration, comments should mention Joint WIOA ICR 1205-
0526.
    Submitted comments will also be a matter of public record for this 
ICR and posted on the internet, without redaction. DOL encourages 
commenters not to include personally identifiable information, 
confidential business data, or other sensitive statements/information 
in any comments.
    DOL is particularly interested in comments that:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the Agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, (e.g., permitting 
electronic submission of responses).
    Agency: DOL-ETA.
    Type of Review: Extension with revision.
    Title of Collection: Workforce Innovation and Opportunity Act 
(WIOA) Common Performance Reporting.
    Forms: WIOA Statewide Performance Report Template and WIOA Local 
Performance Report Template (ETA-9169); WIOA Joint Participant 
Individual Record Layout (PIRL) (ETA-9170); and WIOA Eligible Training 
Provider (ETP) Performance Report Specifications and WIOA Eligible 
Training Provider (ETP) Performance Report Definitions (ETP-9171).
    OMB Control Number: 1205-0526.
    Affected Public: State, local, and Tribal governments.
    Estimated Number of Respondents: 19,114,129.
    Frequency: Varies.
    Total Estimated Annual Responses: 38,216,054.
    Estimated Average Time per Response: Varies.
    Estimated Total Annual Burden Hours: 9,863,057.
    Total Estimated Annual Other Cost Burden: $310,900,457.
    Authority: 44 U.S.C. 3506(c)(2)(A).

Brent Parton,
Principal Deputy Assistant Secretary for Employment and Training, 
Labor.
[FR Doc. 2023-21195 Filed 9-27-23; 8:45 am]
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