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DOL/ETA RIN: 1205-AC08 Publication ID: Fall 2021 
Title: ●Workforce Innovation and Opportunity Act; DOL-Only Performance Accountability 

Under WIOA, there are six primary indicators of performance. Five of the six indicators are currently defined in a regulation the Departments of Labor and Education (the Departments) jointly issued.  The Departments pilot tested various alternatives for the sixth indicator of performance, which measures the workforce system’s effectiveness in serving employers.  That process is now complete.  The Departments are engaging in a rulemaking under RIN number 1205-AC01 to incorporate a standard definition of the effectiveness in serving employers indicator into the regulations implementing WIOA at 20 CFR part 677, 34 CFR part 361, and 34 CFR part 463.


The Department of Labor (DOL) is also engaging in rulemaking to incorporate the standard definition of the effectiveness in serving employers indicator into the regulations for three (3) programs DOL administers under WIOA 20 CFR part 684 (Indian and Native American Programs), 20 CFR part 686 (Job Corps), 20 CFR part 688 (YouthBuild).  This is a similar model that DOL used when promulgating the original WIOA rules. 


One additional WIOA authorized program, the National Farmworker Jobs Program (NFJP), will be impacted by the addition of the definition of the effectiveness in serving employers indicator at 20 CFR part 677.  WIOA section 167 (29 U.S.C. 3222) authorizes the NFJP.  Section 167 of WIOA requires DOL to use the six WIOA primary indicators of performance, including the effectiveness in serving employers indicator, to assess the performance of the NFJP.  Therefore, once finalized, the new definition of the effectiveness in serving employers indicator in 20 CFR part 677 will also apply to the NFJP.  However, no changes to the regulation text at 20 CFR part 685 are necessary to implement this change.  Accordingly, DOL is not seeking to make changes to 20 CFR part 685 (NFJP’s implementing regulations).    

Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 20 CFR 684    20 CFR 686    20 CFR 688   
Legal Authority: 29 U.S.C. 3141, 29 U.S.C. 3221, 29 U.S.C. 3249, Workforce Innovation and Opportunity Act (WIOA)    29 U.S.C. 3141, 29 U.S.C. 3209, 29 U.S.C. 3249, WIOA    29 U.S.C. 3141, 29 U.S.C. 3226, 29 U.S.C. 3249, WIOA   
Legal Deadline:  None
Action Date FR Cite
NPRM  05/00/2022 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Local, State, Tribal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Heidi M. Casta
Acting Administrator
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW, N-5641,
Washington, DC 20210
Phone:202 693-3700