BILLING CODE: 4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
Agency Information Collection Activities; Comment Request; Workforce
Innovation and Opportunity Act (WIOA) Common Performance Reporting
ACTION: Notice.
SUMMARY: The Department of Labor’s (DOL) Employment and Training
Administration (ETA) is soliciting comments concerning a proposed revision 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 [INSERT
DATE 60 DAYS AFTER THE DATE OF PUBLICATION IN THE FEDERAL
REGISTER].
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) 6933534 (this is not a toll-free number), or by email at grode.kellen.m@dol.gov. For persons
with a hearing or speech disability who need assistance to use the telephone system,
please dial 711 to access telecommunications relay services.
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, D.C 20210; by email: grode.kellen.m@dol.gov.

FOR FURTHER INFORMATION CONTACT: Kellen Grode by telephone at (202)
693-3534, (this is not a toll-free number) or by email at grode.kellen.m@dol.gov.
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 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.
As a part of this revision request, ETA has made changes to the WIOA Statewide
Performance Report Template (ETA-9169), WIOA Joint Participant Individual Record
Layout (PIRL) (ETA-9170), and WIOA Eligible Training Provider (ETP) Performance
Report Definitions (ETP-9171). DOL is also proposing updates to its DOL-only
collection (OMB Control No. 1205-0521) to adhere to the new requirements in OMB’s
Statistical Policy Directive No. 15 on Race and Ethnicity. Until the Department of
Education is able to update its corresponding ICRs, this joint ICR will continue to use the
same categories for Race and Ethnicity as previously approved. During the transition
period, DOL will combine the Race categories for “White” and “Middle Eastern or North
African” into a single “White” category for the WIOA Statewide Performance Report
(ETA-9169). Similarly, DOL will continue to calculate “More than one Race” according
to the joint ICR for the WIOA Statewide Performance Report (ETA-9169), while using
“Multiracial and/or Multiethnic” in the DOL-only Quarterly Performance Reports (ETA9173).
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: 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: $33,300,000.

AUTHORITY: 44 U.S.C. 3506(c)(2)(A).

José Javier Rodríguez,
Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2024-13704 Filed: 6/21/2024 8:45 am; Publication Date: 6/24/2024]