2016 WIOA annual performance report deadline

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION               WIOA Performance
                  ADVISORY SYSTEM                       CORRESPONDENCE SYMBOL
             U.S. DEPARTMENT OF LABOR                   OPDR/OWI
                Washington, D.C. 20210                  DATE
                                                        September 12, 2017


ADVISORY:        TRAINING AND EMPLOYMENT GUIDANCE LETTER WIOA NO. 3-17
                 OPERATING GUIDANCE for the WORKFORCE INNOVATION AND
                 OPPORTUNITY ACT (referred to as WIOA)

TO:              STATE AND LOCAL STAKEHOLDERS IN THE WORKFORCE
                 INNOVATION AND OPPORTUNITY ACT
                 STATE WORKFORCE AGENCIES
                 STATE WORKFORCE ADMINISTRATORS
                 STATE WORKFORCE LIAISONS

FROM:            BYRON ZUIDEMA /s/
                 Deputy Assistant Secretary

SUBJECT:         WIOA Annual Performance Report Submission

1. Purpose.
   The U.S. Departments of Labor (DOL) and Education (ED) (collectively, Departments) are
   exercising their transition authority under section 503(a) of the Workforce Innovation and
   Opportunity Act (WIOA) to inform States that the Departments will consider Program Year
   (PY) 2016 WIOA Statewide and Local Performance Reports (form ETA-9169) submitted by
   October 16, 2017, as being timely. For all subsequent PYs, States must submit the WIOA
   Statewide and Local Performance Report by October 1 to be considered timely, pursuant to
   the “Workforce Innovation and Opportunity Act (WIOA) Performance Accountability,
   Information and Reporting System” information collection request (WIOA Joint
   Performance ICR).

   The WIOA Joint Performance ICR, approved under OMB Control Number 1205-0526,
   contains the performance accountability reporting requirements for the core programs
   identified in WIOA and authorized under:

           WIOA title I and administered by DOL;
           the Adult Education and Family Literacy Act (AEFLA) program, authorized under
            WIOA title II and administered by ED;

 RESCISSIONS                                           EXPIRATION DATE
 None                                                  Continuing


          the Employment Service program authorized under the Wagner-Peyser Act, as
           amended by WIOA title III and administered by DOL; and
          the Vocational Rehabilitation (VR) program authorized under title I of the
           Rehabilitation Act of 1973, as amended by WIOA title IV and administered by ED.

2. References.
       Workforce Innovation and Opportunity Act, Pub. L. 113-128
       Workforce Innovation and Opportunity Act Performance Accountability, Information
         and Reporting System information collection request (WIOA Joint Performance ICR)

3. Background.
   Section 116(d)(2) of WIOA requires each State to submit a State Performance Report
   annually. Consistent with the WIOA Joint Performance ICR, the due date for this report is
   October 1 of each year. If October 1 falls on a weekend or holiday, the report will be due on
   the next business day. As required by section 116(d) of WIOA, the report covers
   performance data from July 1 to June 30 of the current program year and the three preceding
   years. The Departments note that some State grantees have indicated that they may have
   challenges meeting the October 1 due date for the PY 2016 performance report because this
   will be the first performance report submitted under the new requirements of WIOA.
   Therefore, the Departments are exercising their transition authority under section 503(a) of
   WIOA to consider PY 2016 performance reports submitted by October 16, 2017, as timely.
   The Departments have decided that this one-time action is necessary to ensure a smooth
   transition from the reporting requirements of the Workforce Investment Act of 1998 (WIA)
   to those under WIOA.

   Each State shall submit all WIOA performance reports, including: (1) the annual statewide
   reports; (2) as applicable, the local area performance reports; and (3) if available, links to the
   Eligible Training Provider reports, to its respective Federal agency for the core programs as
   follows:

          for titles I and III, the report shall be submitted to DOL’s Employment and Training
           Administration, through the Workforce Integrated Performance System;
          for title II, the report shall be submitted to ED’s Office of Career, Technical, and
           Adult Education (OCTAE); and
          for title IV, the report shall be submitted to ED’s Rehabilitation Services
           Administration (RSA).

4. Sanction Provisions.
   In accordance with section 116(f)(1)(B) of WIOA, for any State that fails to report by the due
   date, the Governor’s reserve authorized under section 128 of WIOA shall be reduced by five
   (5) percent. However, the Departments are exercising their transition authority under section


   503(a) of WIOA and will not be imposing sanctions for those States that are not able to
   submit a complete report by October 16, 2017, for the PY 2016 annual report because this
   will be the first performance report submitted under the new requirements of WIOA. The
   Departments’ use of the transition authority with respect to the imposition of sanctions for
   States that fail to submit a complete report by October 16, 2017, does not mean that States do
   not have to submit the performance reports. Rather, the Departments’ use of the transition
   authority ensures a smooth transition from the performance reporting requirements under
   WIA to those under WIOA.

5. Action Requested.
   States are requested to distribute this information to the appropriate State and local staff.

6. Inquiries.
   Questions and comments from DOL-funded grantees may be directed to the appropriate ETA
   Regional Office and Federal Project Officer. Questions and comments from ED-funded
   grantees may be directed to the appropriate RSA State Liaison or OCTAE Area Coordinator.