Workforce Innovation and Opportunity Act of 2022 (H.R. 7309)

Changes from May 12, 2022 to December 19, 2022

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

Workforce Innovation and Opportunity Act of
~~May 12~~December 19, 2022 , 2022
2022 (H.R. 7309)
Benjamin Collins,
Workforce development programs support interventions to improve participants’ Workforce development programs support interventions to improve participants’
prospects in the Coordinator
~~prospects in the~~ labor market. These interventions can include job training, career labor market. These interventions can include job training, career
services (such as case Analyst in Labor Policy Analyst in Labor Policy
~~services (such as case~~ management or job search assistance) or other supports. management or job search assistance) or other supports.

Adam K. Edgerton
The Workforce Innovation and Opportunity Act of 2014 (WIOA, P.L. 113-128 The Workforce Innovation and Opportunity Act of 2014 (WIOA, P.L. 113-128 ) is the primary ) is the primary
Analyst in Education Policy Analyst in Education Policy
federal workforce development statute. The statute contains four titles. The major workforce federal workforce development statute. The statute contains four titles. The major workforce

development provisions, as well as the related governance and accountability requirements, are in development provisions, as well as the related governance and accountability requirements, are in
Title I of WIOA. Title I of WIOA.
Kyle D. Shohfi
Analyst in Education Policy Analyst in Education Policy
In In ~~April 2022, the House Committee on Education and Labor marked up and ordered reported~~

May 2022, the House passed H.R. 7309, the Workforce Innovation and Opportunity Act of H.R. 7309, the Workforce Innovation and Opportunity Act of 2022. H.R. 7309 would authorize 2022. H.R. 7309 would authorize
appropriations for fiscal years 2023 through 2028. It would appropriations for fiscal years 2023 through 2028. It would extend and increase the extend and increase the

authorizations of appropriations for existing WIOA programs and establish several new program authorizations of appropriations for existing WIOA programs and establish several new program
authorizations in Title I. authorizations in Title I.
H.R. 7309 would extend the authorizations for the three primary formula grants authorized by Title I of WIOA: Youth H.R. 7309 would extend the authorizations for the three primary formula grants authorized by Title I of WIOA: Youth
Activities, Adult Activities, and Dislocated Worker Activities. The authorizations of appropriations in H.R. 7309 for the Activities, Adult Activities, and Dislocated Worker Activities. The authorizations of appropriations in H.R. 7309 for the
Adult Activities and Dislocated Worker Activities would represent a substantial increase from their current funding levels. Adult Activities and Dislocated Worker Activities would represent a substantial increase from their current funding levels.
The The increases in authorization of appropriations for Youth Activities would be less significant, but H.R. 7309 would also establish a new authorization of appropriations for Youth Activities would be less significant, but H.R. 7309 would also establish a new
formula grant program to support Summer and Year-Round Employment efforts for eligible youth. formula grant program to support Summer and Year-Round Employment efforts for eligible youth.
In addition to the formula grants, Title I of WIOA authorizes a group of National Programs that support grants that support In addition to the formula grants, Title I of WIOA authorizes a group of National Programs that support grants that support
specific populations and activities. H.R. 7309 would extend the authorization of appropriations for these programs and specific populations and activities. H.R. 7309 would extend the authorization of appropriations for these programs and
establish several new program authorizations. Some of the new authorizations establish several new program authorizations. Some of the new authorizations ~~are~~would be based on activities that DOL has based on activities that DOL has
previously carried out under demonstration authority previously carried out under demonstration authority
H.R. 7309 would extend the authorization of appropriations for the Job Corps program and make eligibility changes for H.R. 7309 would extend the authorization of appropriations for the Job Corps program and make eligibility changes for
participants and operational changes for providers. participants and operational changes for providers.
H.R. 7309 would extend the authorization of appropriations for programs authorized in Titles II, III, and IV of WIOA. H.R. 7309 would extend the authorization of appropriations for programs authorized in Titles II, III, and IV of WIOA.
Congressional Research Service Congressional Research Service

Workforce Innovation and Opportunity Act of 2022 (H.R. 7309)

Background
Workforce development programs support interventions to improve participants’ prospects in the Workforce development programs support interventions to improve participants’ prospects in the
labor market. These interventions can include job training, career services (such as case labor market. These interventions can include job training, career services (such as case
management or job search assistance) or other supports. management or job search assistance) or other supports.
The Workforce Innovation and Opportunity Act of 2014 (WIOA, P.L. 113-128) is the primary The Workforce Innovation and Opportunity Act of 2014 (WIOA, P.L. 113-128) is the primary
federal workforce development statute.1 It replaced the Workforce Investment Act of 1998 (WIA, federal workforce development statute.1 It replaced the Workforce Investment Act of 1998 (WIA,
P.L. 105-220). P.L. 105-220).
WIOA authorizes WIOA authorizes ~~several~~ grant programs and state systems to coordinate funding streams to meet grant programs and state systems to coordinate funding streams to meet
local labor market needs. Key innovations of WIOA included unifying the six “core” state grant local labor market needs. Key innovations of WIOA included unifying the six “core” state grant
programs under a single planning structure and performance accountability system.2 WIOA programs under a single planning structure and performance accountability system.2 WIOA
authorized appropriations for fiscal year (FY) 2015 through authorized appropriations for fiscal year (FY) 2015 through ~~fiscal year 2020~~FY2020. Since FY2021, the . Since FY2021, the
systems and programs authorized by WIOA have continued to be funded through the annual systems and programs authorized by WIOA have continued to be funded through the annual
appropriations process. appropriations process.
Structure of WIOA
WIOA has four titles: WIOA has four titles:
 Title I authorizes workforce development activities. It establishes a federally  Title I authorizes workforce development activities. It establishes a federally-
funded, state- and locally funded, state- and locally- administered “one-stop” delivery system, including administered “one-stop” delivery system, including
structure, governance, planning, and performance accountability requirements. It structure, governance, planning, and performance accountability requirements. It
authorizes three formula grants that are administered through these systems as authorizes three formula grants that are administered through these systems as
well other workforce development programs. Programs under Title I are well other workforce development programs. Programs under Title I are
administered by the Department of Labor (DOL). administered by the Department of Labor (DOL).
 Title II is the Adult Education and Family Literacy Act (AEFLA). Title II  Title II is the Adult Education and Family Literacy Act (AEFLA). Title II
authorizes programs for out-of-school adults that support education at the authorizes programs for out-of-school adults that support education at the
secondary level and below as well as English language training. Programs under secondary level and below as well as English language training. Programs under
Title II are administered by the Department of Education (ED). Title II are administered by the Department of Education (ED).
 Title III amends the Wagner-Peyser Act. Among other functions, the Wagner-  Title III amends the Wagner-Peyser Act. Among other functions, the Wagner-
Peyser Act authorizes the Employment Service, a formula grant program that is a Peyser Act authorizes the Employment Service, a formula grant program that is a
core WIOA program for planning and accountability purposes and is core WIOA program for planning and accountability purposes and is
administered by DOL.3 administered by DOL.3
 Title IV amends the Rehabilitation Act of 1973. The largest authorization of  Title IV amends the Rehabilitation Act of 1973. The largest authorization of
appropriations under Title IV is the Vocational Rehabilitation State Grants, which appropriations under Title IV is the Vocational Rehabilitation State Grants, which
provide funding to state agencies to support employment-related services to provide funding to state agencies to support employment-related services to
individuals with disabilities. Most programs authorized by Title IV are individuals with disabilities. Most programs authorized by Title IV are
administered by ED.4 administered by ED.4

1 For a detailed discussion of WIOA and its accompanying systems, see CRS Report R44252, 1 For a detailed discussion of WIOA and its accompanying systems, see CRS Report R44252, The Workforce
Innovation and Opportunity Act and the One-Stop Delivery System. .
2 The six core formula grant programs are: (1) Adult Activities, (2) Dislocated Worker Activities, (3) Youth Activities, 2 The six core formula grant programs are: (1) Adult Activities, (2) Dislocated Worker Activities, (3) Youth Activities,
(4) Adult Education, (5) Employment Service, and (6) Vocational Rehabilitation. Of the core WIOA programs, (1), (2), (4) Adult Education, (5) Employment Service, and (6) Vocational Rehabilitation. Of the core WIOA programs, (1), (2),
and (3) are authorized by Title I; (4) is authorized by Title II; (5) is aligned with Title III; and (6) is authorized by Title and (3) are authorized by Title I; (4) is authorized by Title II; (5) is aligned with Title III; and (6) is authorized by Title
IV. IV.
3 The funding for 3 The funding for ESEmployment Service formula grants is not authorized under WIOA. formula grants is not authorized under WIOA.
4 A subset of programs authorized by Title IV are administered by the Administration for Community Living at the 4 A subset of programs authorized by Title IV are administered by the Administration for Community Living at the
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Recent legislative debate, as well as the bulk of H.R. 7309, relate to Title I of WIOA. As such, Recent legislative debate, as well as the bulk of H.R. 7309, relate to Title I of WIOA. As such,
this report will focus on Title I of WIOA. this report will focus on Title I of WIOA.
Action in the 117th Congress
WIOA reauthorization has been an ongoing topic of congressional interest. During the 117th WIOA reauthorization has been an ongoing topic of congressional interest. During the 117th
Congress, the House Committee on Education and Labor’s subcommittee on Higher Education Congress, the House Committee on Education and Labor’s subcommittee on Higher Education
and Workforce Investment and Workforce Investment has held three hearings specifically related to WIOA reauthorization.5 held three hearings specifically related to WIOA reauthorization.5
On April 5, 2022, the House Education and Labor Committee marked up and ordered reported On April 5, 2022, the House Education and Labor Committee marked up and ordered reported
H.R. 7309, the Workforce Innovation and Opportunity Act of 2022.6 H.R. 7309 would retain the H.R. 7309, the Workforce Innovation and Opportunity Act of 2022.6 H.R. 7309 would retain the
general structure and systems established by WIOA. It would authorize appropriations for general structure and systems established by WIOA. It would authorize appropriations for ~~fiscal~~
~~years 2023~~FY2023 through through ~~2028~~FY2028, increasing funding for existing systems and establishing several new , increasing funding for existing systems and establishing several new
programs. It would take effect on July 1, 2023, coinciding with the beginning of DOL’s program programs. It would take effect on July 1, 2023, coinciding with the beginning of DOL’s program
year 2023year 2023. On May 17, 2022, the House passed an amended version of H.R. 7309 by a vote of 220-196.7 A number of floor amendments were adopted, but the primary structure of the bill and the duration of authorization follow the committee-passed bill. .
Report Overview
This report describes the provisions of H.R. 7309 as This report describes the provisions of H.R. 7309 as ~~ordered reported~~passed by the House by the House ~~Committee on~~
~~Education and Labor.7~~in May 2022.8 H.R. 7309 would amend the existing WIOA statute. As such, provisions of H.R. 7309 would amend the existing WIOA statute. As such, provisions of
H.R. 7309 are described relative to the existing provisions of current law WIOA that they would H.R. 7309 are described relative to the existing provisions of current law WIOA that they would
amend, not the applicable sections of H.R. 7309. For example, Section 211 of H.R. 7309 would amend, not the applicable sections of H.R. 7309. For example, Section 211 of H.R. 7309 would
modify Section 116 of WIOA, which establishes the law’s performance accountability system. modify Section 116 of WIOA, which establishes the law’s performance accountability system.
This report refers to “Section 116” when discussing these provisions. This report refers to “Section 116” when discussing these provisions.
H.R. 7309 authorizes funding for all four titles of WIOA. Most of the proposed legislation H.R. 7309 authorizes funding for all four titles of WIOA. Most of the proposed legislation
focuses on Title I, upon which this report focuses on Title I, upon which this report also focuses. focuses.
WIOA Title I Authorizations of Appropriations in
H.R. 7309
The authorizations of appropriations in H.R. 7309 would, in aggregate, represent an increase in The authorizations of appropriations in H.R. 7309 would, in aggregate, represent an increase in
WIOA-authorized funding relative to current levels.WIOA-authorized funding relative to current levels. Table 1 summarizes the authorizations of summarizes the authorizations of
appropriations in H.R. 7309 for Title I of WIOA and compares them to enacted FY2022 levels. In appropriations in H.R. 7309 for Title I of WIOA and compares them to enacted FY2022 levels. In
some cases, discrete authorizations in H.R. 7309 are aligned with broader authorizations in some cases, discrete authorizations in H.R. 7309 are aligned with broader authorizations in
current law. These cases are clarified in the table notes. current law. These cases are clarified in the table notes.

Department of Health and Human Services. Department of Health and Human Services.
5 Hearings were: (1) Workforce Innovation and Opportunity Act Reauthorization: Creating Opportunities for Youth 5 Hearings were: (1) Workforce Innovation and Opportunity Act Reauthorization: Creating Opportunities for Youth
Employment on May 13, 2021; (2) Workforce Innovation and Opportunity Act Reauthorization: Creating Employment Employment on May 13, 2021; (2) Workforce Innovation and Opportunity Act Reauthorization: Creating Employment
Pathways for Dislocated Workers on May 27, 2021; and (3) Workforce Innovation and Opportunity Act Pathways for Dislocated Workers on May 27, 2021; and (3) Workforce Innovation and Opportunity Act
Reauthorization: Examining Successful Models of Employment for Justice-Involved Individuals on June 15, 2021. Reauthorization: Examining Successful Models of Employment for Justice-Involved Individuals on June 15, 2021.
6 The motion to report H.R. 7309 passed the 6 The motion to report H.R. 7309 passed the ~~Committee~~committee by a 29-21 vote. A committee report was published as H.Rept. 117-321 and is available at https://www.congress.gov/117/crpt/hrpt321/CRPT-117hrpt321.pdf. 7 See roll call at https://clerk.house.gov/Votes/2022193. 8 Specifically, this report is based on the text of the “Engrossed in House” text at https://www.congress.gov/bill/117th-congress/house-bill/7309/text/eh. Congressional Research Service 2 link to page 6 link to page 6 link to page 6 link to page 7 link to page 7 link to page 7 link to page 7 link to page 7 link to page 7 link to page 7 link to page 7 link to page 7 link to page 7 ~~by a 29-21 vote. See roll call at~~
~~https://docs.house.gov/meetings/ED/ED00/20220405/114619/CRPT-117-ED00-Vote016-20220405.pdf.~~
~~7 Specifically, this report is based on the Amendment in the Nature of a Substitute of H.R. 7309, downloaded from~~
~~https://docs.house.gov/meetings/ED/ED00/20220405/114619/BILLS-117-7309-A000370-Amdt-1.pdf on April 18,~~
~~2022 and a subsequent Ramseyer document that integrated the amendments proposed by H.R. 7309 into the existing~~
~~WIOA text.~~
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Table 1. FY2022 Appropriations and Authorizations of Appropriations in Title I of WIOA as proposed in H.R.
7309
(by fiscal year, in millions of dollars) (by fiscal year, in millions of dollars)
~~Actual~~
Authorization in H.R. 7309
Actual Program
2022
2023
2024
2025
2026
2027
2028
Total, Formula Grants
3,180.1
5,995.1
6,594.5
7,254.0
7,979.3
8,777.3
9,655.1
Adult Activities
870.6
1,555.6
1,711.2
1,882.3
2,070.5
2,277.6
2,505.4
Dislocated Worker Activitiesa
1,376.4
2,486.3
2,734.9
3,008.4
3,309.2
3,640.1
4,004.1
Youth Activities
933.1
1,026.5
1,129.1
1,242.0
1,366.2
1,502.8
1,653.1
Summer and Year-Round
--—
926.7
1,019.3
1,121.3
1,233.4
1,356.8
1,492.5
Employment for Youth

Job Corps
1,748.7
1,809.9
1,873.2
1,938.8
2,006.6
2,076.9
2,149.5

Total, National Programs
353.5
1,~~845~~885.3
2,~~026~~066.4
2,~~220~~260.1
2,~~427.6~~467.5
2,~~650.3~~689.9
2,~~889.6~~
929.6 National Dislocated Worker — 40.0 40.0 40.0 40.0 40.0 40.0 Supplementb Native Americans
57.0
66.4
73.0
80.3
88.3
97.1
106.8
Migrant and Seasonal Farmworkers
95.4
109.1
114.6
120.3
126.3
132.6
139.2
Technical Assistance
--—
3.6
3.8
4.0
4.2
4.4
4.6
Evaluations and ~~Researchb~~
~~--c~~Researchc —d
116.7
122.5
128.6
135.0
141.8
148.9
YouthBuild
99.0
159.5
167.5
175.9
184.7
193.9
203.6
Strengthening Community Colleges
(See ~~note)d~~ note)e
100.0
110.0
121.0
133.0
146.0
161.0
Reentry Employment Opportunities
102.1e1f
250.0
300.0
350.0
400.0
450.0
500.0
Sector Partnerships
--—
1,000.0
1,100.0
1,210.0
1,331.0
1,464.1
1,610.5
Workforce Data Quality Initiative
6.0f0g
40.0
35.0
30.0
25.0
20.0
15.0 IMPACT Grants — SSANh SSANh SSANh SSANh SSANh SSANh

Total, Title I
5,288.3
9,~~650~~690.3 10,~~494~~534.1 11,~~412~~452.9 12,~~413~~453.4 13,~~504~~544.1 14,~~694~~734.2
Source: CRS analysis of P.L. 117-103, Consolidated Appropriations Act, 2022 and H.R. 7309, as CRS analysis of P.L. 117-103, Consolidated Appropriations Act, 2022 and H.R. 7309, as ~~ordered~~
~~reported~~passed by the by the House ~~House Committee on Education and Labor~~ in the 117th Congress. in the 117th Congress.
a. Funding levels include formula funds and National Reserve. a. Funding levels include formula funds and National Reserve.
bIn FY2022, P.L. 117-103 directed $50 mil ion from the Dislocated Worker National Reserve to a program similar to the Strengthening Community Col eges program that would be established by H.R. 7309. b. Section 170 of current law WIOA authorizes National Dislocated Worker Grants, which are historically funded by a reservation of Dislocated Worker formula funds in Section 132. H.R. 7309 would establish a new authorization of appropriations in Section 170, “in addition to any funds reserved” under Section 132. c. H.R. 7309 would authorize the specified appropriation levels the Evaluations and Research function of . H.R. 7309 would authorize the specified appropriation levels the Evaluations and Research function of
WIOA (Section 169 under both current law and under the WIOA (Section 169 under both current law and under the ~~bill~~bil ). H.R. 7309 would also amend Section 169 to ). H.R. 7309 would also amend Section 169 to
include a new “Workforce Development Innovation Fund” in Section 169(c). The amended 169(c)(4) would include a new “Workforce Development Innovation Fund” in Section 169(c). The amended 169(c)(4) would
include a separate authorization of appropriations for such sums as necessary for fiscal years 2023 to 2028. include a separate authorization of appropriations for such sums as necessary for fiscal years 2023 to 2028.
Congressional Research Service 3 Workforce Innovation and Opportunity Act of 2022 (H.R. 7309) Since this “such sums” authorization of appropriations is under another authorization of appropriations for Since this “such sums” authorization of appropriations is under another authorization of appropriations for
the the ~~full~~ ful section, it is not included in the summary table. section, it is not included in the summary table.
cd. In FY2022, P.L. 117-103 directed all funding under this authorization to either Reentry Employment . In FY2022, P.L. 117-103 directed all funding under this authorization to either Reentry Employment
Opportunities or the Workforce Data Quality Initiative. Opportunities or the Workforce Data Quality Initiative.
de. In FY2022, P.L. 117-103 directed $50 . In FY2022, P.L. 117-103 directed $50 ~~million~~mil ion from the Dislocated Worker National Reserve for a similar from the Dislocated Worker National Reserve for a similar
program. This program. This FY2022 funding is included in the “WIOA Dislocated Worker” row. funding is included in the “WIOA Dislocated Worker” row.
e. f. Funded in FY2022 under the Evaluations and Research authority in Section 169. There is no discrete Funded in FY2022 under the Evaluations and Research authority in Section 169. There is no discrete
authority for Reentry Employment Opportunities in current law WIOA. authority for Reentry Employment Opportunities in current law WIOA.
f.
g. In FY2022, P.L. 117-103 appropriated funds under the broader authority of Section 169 of WIOA. H.R. In FY2022, P.L. 117-103 appropriated funds under the broader authority of Section 169 of WIOA. H.R.
7309 would establish a discrete authorization. 7309 would establish a discrete authorization.
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~~Workforce Innovation and Opportunity Act of 2022 (H.R. 7309)~~
h. H.R. 7309 would authorize appropriations of such sums as necessary for this program. Because there are no specific authorization levels, this program is excluded from totals.
Modifications to Existing WIOA Title I Systems and
Programs
H.R. 7309 retains many of the general administrative structures and systems of the current WIOA H.R. 7309 retains many of the general administrative structures and systems of the current WIOA
system. Most system. Most of the changes the changes to administrative systems in H.R. 7309 would modify the roles of certain workforce stakeholders in H.R. 7309 would modify the roles of certain workforce stakeholders
or adjust procedures to increase emphasis on certain participant populations or program activities. or adjust procedures to increase emphasis on certain participant populations or program activities.
State and Local Workforce Systems
WIOA formula funds and other federal workforce funding WIOA formula funds and other federal workforce funding isare administered through state and local administered through state and local
workforce systems.workforce systems.89 These systems are designed to provide local control of WIOA funds to meet These systems are designed to provide local control of WIOA funds to meet
local labor market needs. The requirements for these systems are established in WIOA. These local labor market needs. The requirements for these systems are established in WIOA. These
systems consist ofsystems consist of:
  State workforce development boards that develop a that develop a state plan that describes how that describes how
WIOA funds will be coordinated to meet labor market needs in the state with an WIOA funds will be coordinated to meet labor market needs in the state with an
emphasis on in-demand sectors and occupations, which are determined locally. emphasis on in-demand sectors and occupations, which are determined locally.
State workforce development boards allocate funds to local workforce State workforce development boards allocate funds to local workforce
development boards and provide oversight of the local boards. State workforce development boards and provide oversight of the local boards. State workforce
development boards are appointed by the governor and the majority of board development boards are appointed by the governor and the majority of board
positions must be held by representatives of private business. The remaining positions must be held by representatives of private business. The remaining
board positions are held by other labor market stakeholders.board positions are held by other labor market stakeholders.910
  Local workforce development boards develop a develop a local plan that describes how that describes how
WIOA funds will be coordinated to meet labor market needs in the local area, WIOA funds will be coordinated to meet labor market needs in the local area,
with an emphasis on in-demand sectors and occupations. Similar to state boards, with an emphasis on in-demand sectors and occupations. Similar to state boards,
the majority of members of local boards must be business representatives. the majority of members of local boards must be business representatives.
  One-stop career centers are the physical locations that interface with program are the physical locations that interface with program
participants. One-stop operators are appointed by the local board and one-stop participants. One-stop operators are appointed by the local board and one-stop
9 Mandatory partner programs include programs authorized under WIOA as well other programs. For a list of required partner programs, see WIOA Section 121(b)(1)(B) or Table 1 of CRS Report R44252, The Workforce Innovation and Opportunity Act and the One-Stop Delivery System. 10 For more information of state and local board membership and state and local plans, see WIOA Sections 101-108 and the applicable sections of CRS Report R44252, The Workforce Innovation and Opportunity Act and the One-Stop Delivery System. Congressional Research Service 4 Workforce Innovation and Opportunity Act of 2022 (H.R. 7309) staff are responsible for implementing the local plan, including making staff are responsible for implementing the local plan, including making
participant-level decisions related to training. participant-level decisions related to training.
H.R. 7309 State and Local Workforce System Provisions
H.R. 7309 would retain the general governance structures and systems established by WIOA with H.R. 7309 would retain the general governance structures and systems established by WIOA with
state and local entities retaining their key responsibilities. Most state and local entities retaining their key responsibilities. Most of the changes in H.R. 7309 related the changes in H.R. 7309 related
to state and local workforce systems would modify the roles of certain stakeholders within these to state and local workforce systems would modify the roles of certain stakeholders within these
systems or adjust procedures to increase the focus on certain functions or participant populations. systems or adjust procedures to increase the focus on certain functions or participant populations.
Key provisions includeKey provisions include:
  Share of workforce representatives in state and local boards. Under current law, . Under current law,
at least 20% each of state and local workforce development boards must consist at least 20% each of state and local workforce development boards must consist
of “representatives of the workforce,” including representatives from labor of “representatives of the workforce,” including representatives from labor

~~8 Mandatory partner programs include programs authorized under WIOA as well other programs. For a list of required~~
~~partner programs, see WIOA §121(b)(1)(B) or Table 1 of the previously-cited CRS Report R44252,~~ ~~The Workforce~~
~~Innovation and Opportunity Act and the One-Stop Delivery System~~.
~~9 For more information of state and local board membership and state and local plans, see WIOA §§101-108 and the~~
~~applicable sections of the previously-cited CRS Report R44252,~~ ~~The Workforce Innovation and Opportunity Act and~~
~~the One-Stop Delivery System~~.
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~~Workforce Innovation and Opportunity Act of 2022 (H.R. 7309)~~

organizations such as labor unions. H.R. 7309 would increase the share of organizations such as labor unions. H.R. 7309 would increase the share of
workforce representatives to 30% on each of state and local boards.workforce representatives to 30% on each of state and local boards.1011 The The
requirement that the majority of the boards would be comprised of requirement that the majority of the boards would be comprised of
representatives from business would remain. representatives from business would remain.
  Diversity of state and local boards. H.R. 7309 would specify that state and local . H.R. 7309 would specify that state and local
workforce boards shall represent workforce boards shall represent ~~the~~ “diverse demographic populations” of the “diverse demographic populations” of the
state or local area.state or local area.1112
  State plan content and process. H.R. 7309 would establish additional content in . H.R. 7309 would establish additional content in
state plans related to the state’s labor force analysis. The bill would establish state plans related to the state’s labor force analysis. The bill would establish
procedures for the state to consult with specified stakeholders in the development procedures for the state to consult with specified stakeholders in the development
of the plan. of the plan. ~~H.R. 7309 further specifies that state plans must also provide an~~
~~assurance that the Employment Service staff will be state merit staff (i.e., state~~
~~civil service employees).12~~
  Equity and serving workers with barriers to employment.13 Several amendments .13 Several amendments
to the state and local board and planning provisions relate to equitable service to the state and local board and planning provisions relate to equitable service
delivery and outcomes for individuals with barriers to employment.14 delivery and outcomes for individuals with barriers to employment.14
  Infrastructure Funding for One-Stop Career Centers. Under current law, the . Under current law, the
infrastructure costs of one-stop centers (e.g., rental costs of the facility, utilities infrastructure costs of one-stop centers (e.g., rental costs of the facility, utilities
and maintenance, equipment) are shared among the partner programs per a series and maintenance, equipment) are shared among the partner programs per a series
of policies and procedures established in WIOA.15 H.R. 7309 would eliminate the of policies and procedures established in WIOA.15 H.R. 7309 would eliminate the
current memorandum of understanding (MOU) requirement and establish that current memorandum of understanding (MOU) requirement and establish that
infrastructure costs will be funded out of the specified WIOA formula grants.16 infrastructure costs will be funded out of the specified WIOA formula grants.16
~~ Eligible Training Providers. Current law establishes procedures of states to set~~
~~criteria for individual training programs that will qualify for WIOA funding~~
~~(“eligible training providers”). H.R. 7309 would expand the criteria states can use~~
~~to establish eligibility for providers and expand oversight of providers. The bill~~
~~would also explicitly make online providers eligible.17~~

10 11 See WIOA §101(b)(1)(C)(ii) and §107(b)(2)(B) as would be amended by H.R. 7309. See WIOA §101(b)(1)(C)(ii) and §107(b)(2)(B) as would be amended by H.R. 7309.
1112 See WIOA §101(b)(2) and §107(b)(2)(F) as would be amended by H.R. 7309. See WIOA §101(b)(2) and §107(b)(2)(F) as would be amended by H.R. 7309.
~~12 Current statute does not address this issue. Current regulations allow states to use a non-merit staff for Employment~~
~~Service staff, see Final Rule, “Wagner-Peyser Act Staffing Flexibility,” Federal Register, January 6, 2020. Prior~~
~~regulations required the use of merit staff.~~
13 H.R. 7309 would modify WIOA §3 to expand the definition of “Individual with a barrier to employment” to include 13 H.R. 7309 would modify WIOA §3 to expand the definition of “Individual with a barrier to employment” to include
“Individuals who have been historically underserved and marginalized as a result of race, color, national origin, sexual “Individuals who have been historically underserved and marginalized as a result of race, color, national origin, sexual
orientation, or gender identity.” orientation, or gender identity.”
14 For example, the bill would amend WIOA §102 to require that state plans include a description of how “the state will 14 For example, the bill would amend WIOA §102 to require that state plans include a description of how “the state will
work with local areas to achieve equitable service delivery and outcomes for individuals with barriers to employment work with local areas to achieve equitable service delivery and outcomes for individuals with barriers to employment
and the bill would amend WIOA §107 to require that local board and one-stop staff receive training on “how to and the bill would amend WIOA §107 to require that local board and one-stop staff receive training on “how to
improve and ensure equitable service delivery and outcomes for individuals who have been historically underserved, improve and ensure equitable service delivery and outcomes for individuals who have been historically underserved,
marginalized, and adversely affected as a result of race, ethnicity, or gender, including training on customer-centered marginalized, and adversely affected as a result of race, ethnicity, or gender, including training on customer-centered
service delivery, gender and racial bias, cultural competence, occupational stereotyping, and strategies for increasing service delivery, gender and racial bias, cultural competence, occupational stereotyping, and strategies for increasing
participant and worker voice.” participant and worker voice.”
15 See WIOA 15 See WIOA §121(h). §121(h).
16 Specifically, WIOA §121(h)(1) 16 Specifically, WIOA §121(h)(1) as would be modified by H.R. 7309 would be modified by H.R. 7309 ~~specifies~~to specify that that “not more than 10not more than 10 ~~percent~~% of the of the
funds allotted under sections 127 (WIOA Youth Activities), 132 (WIOA Adult Activities and Dislocated Worker funds allotted under sections 127 (WIOA Youth Activities), 132 (WIOA Adult Activities and Dislocated Worker
~~Activities), and 211 (Adult Education State Grants), and section 6 of the Wagner-Peyser Act (Employment Service)~~
~~shall be used to fund the costs of infrastructure of one-stop centers in local areas[.]"~~
~~17 See WIOA §122 as would be amended by H.R. 7309.~~
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Activities), Congressional Research Service 5 link to page 6 Workforce Innovation and Opportunity Act of 2022 (H.R. 7309)  Eligible Training Providers. Current law establishes procedures of states to set criteria for individual training programs that will qualify for WIOA funding (“eligible training providers”). H.R. 7309 would expand the criteria states can use to establish eligibility for providers and expand oversight of providers. The bill would also explicitly make online providers eligible.17
Formula Grant Programs
WIOA authorizes three formula grants that support career services and training for WIOA authorizes three formula grants that support career services and training for
specified populations: Youth Activities, Adult Activities, and Dislocated Worker specified populations: Youth Activities, Adult Activities, and Dislocated Worker
Activities. Statute specifies eligibility and allowable uses for each funding stream. Funds Activities. Statute specifies eligibility and allowable uses for each funding stream. Funds
are administered through state and local workforce systems. are administered through state and local workforce systems.
H.R. 7309 Formula Grant Provisions
 H.R. 7309 would increase the authorization of appropriations for all three H.R. 7309 would increase the authorization of appropriations for all three formula grant programs formula grant programs
relative to current law. Relative to current law in percentage terms, the proposed increases for relative to current law. Relative to current law in percentage terms, the proposed increases for
Adult Activities and Dislocated Worker Activities are larger than the proposed increases for Youth Adult Activities and Dislocated Worker Activities are larger than the proposed increases for Youth
Activities, though the bill would also establish a new formula grant program supporting Summer Activities, though the bill would also establish a new formula grant program supporting Summer
and Year-Round Employment for Youth (and Year-Round Employment for Youth (~~see~~see Table 1 for funding; the new program is described in for funding; the new program is described in
~~“New Program Authorizations in WIOA Title I”.)~~
~~Operational changes to the formula grant programs would include:~~“Recruitment.” Recruitment would be streamlined as the Secretary would be able to assist in the development of joint applications for Job Corps, YouthBuild, and youth workforce investment activities. The bill would remove a prohibition on payments as compensation for referring the names of applicants for the Job Corps.  Selection of Operators and service providers. The selection of Job Corps campus operators would depend upon additional metrics, including participant credentials earned, median wages, and the percentage of individuals eligible to enroll compared to recruitment goals. The length of contracts would be for a maximum of four years instead of two years. Operations would also be incorporated into the mentor-protégé program.  Behavior and conduct. Zero tolerance policies would remain, but campus directors would submit a behavioral management plan to the Secretary for approval. This plan would rely on evidence-based research and include positive behavioral interventions and supports as well as multi-tier disciplinary systems.  Accountability. In addition to existing performance metrics, the Secretary would establish reporting procedures for significant health and behavioral incidents, including substance abuse, self-harm, and accidents resulting in bodily harm. Campuses would have to take performance improvement actions when not meeting new health and behavioral standards.  Wage regulation. Operators and service providers, including subcontractors, would be subject to the McNamara-O'Hara Service Contract Act of 1965, which requires the payment of prevailing wages to covered workers. Instructional employees would be considered service employees, and wages would be closely and Section 6 of the Wagner-Peyser Act (Employment Service) and not more than 2% of funds allotted under Section 211 (Adult Education) “shall be used to fund the costs of infrastructure of one-stop centers in local areas.” 17 See WIOA §122 as would be amended by H.R. 7309. Congressional Research Service 6 Workforce Innovation and Opportunity Act of 2022 (H.R. 7309) correlated with those employed by public education providers in the locality. Campuses would have 120 days to implement these changes. Operational changes to the formula grant programs would include
  Youth activities eligibility. Under current law, the Youth Activities program . Under current law, the Youth Activities program
establishes separate eligibility criteria for in-school and out-of-school youth and establishes separate eligibility criteria for in-school and out-of-school youth and
requires that 75% of youth formula funds be used for activities for out-of-school requires that 75% of youth formula funds be used for activities for out-of-school
youth. H.R. 7309 would eliminate this distinction and youth. H.R. 7309 would eliminate this distinction and ~~created a united “~~create a single eligible eligible
youthyouth” definition.18 definition.18
  Adult activities priority. Current law specifies that low-income individuals and . Current law specifies that low-income individuals and
certain basic skill deficient individuals shall be given priority certain basic skill deficient individuals shall be given priority ~~to funding~~for services under under
the Adult Activities program, but does not specify a minimum threshold. H.R. the Adult Activities program, but does not specify a minimum threshold. H.R.
7309 would amend this provision to specify that 75% of such funds shall be used 7309 would amend this provision to specify that 75% of such funds shall be used
to provide services to workers with barriers to employment, low-income to provide services to workers with barriers to employment, low-income
individuals, and individuals who have foundational skill needs.19 individuals, and individuals who have foundational skill needs.19
  Supportive services. Current law specifies that supportive services for program . Current law specifies that supportive services for program
participants (e.g., transportation or child care assistance) are an allowable use of participants (e.g., transportation or child care assistance) are an allowable use of
WIOA funds. H.R. 7309 would establish that a portion of funds allocated to local WIOA funds. H.R. 7309 would establish that a portion of funds allocated to local
boards shall be used for supportive services, but does not specify a minimum boards shall be used for supportive services, but does not specify a minimum
threshold.20 threshold.20
  Incumbent worker training and transitional jobs. Under current law, incumbent . Under current law, incumbent
worker training and transitional jobs (e.g., time-limited subsidized employment worker training and transitional jobs (e.g., time-limited subsidized employment
and supportive services designed to lead to entry in unsubsidized employment) and supportive services designed to lead to entry in unsubsidized employment)
are allowable uses of local WIOA funds but may not exceed 20% and 10% of are allowable uses of local WIOA funds but may not exceed 20% and 10% of
total local funds, respectively. H.R. 7309 would increase these limits to 25% and total local funds, respectively. H.R. 7309 would increase these limits to 25% and
40%, respectively.21 40%, respectively.21
Performance Accountability WIOA establishes a performance accountability system that applies across WIOA core programs, including the three Title I formula grant programs. The system is based on six primary indicators of performance related to program exiters’ employment outcomes, earnings of employed participants, credential attainment, and effectiveness in serving employers.22 States’ required performance levels are negotiated with DOL. States that fail to meet their negotiated levels of performance two years in a row are subject to possible funding reductions.23
18 See new definition 18 See new definition ~~to “~~of eligible youtheligible youth” in WIOA §3(21) as would be amended by H.R. 7309 and references to the in WIOA §3(21) as would be amended by H.R. 7309 and references to the
term term throughout the amended statute. Local boards would also be required to conduct a comprehensive local needs assessment to determine which subpopulation of eligible youth a local area can best serve. See WIOA §129(a) as would be amended by H.R. 7309. ~~throughout the amended statute.~~
19 See WIOA §134(c)(3)(E) under current law and as would be amended by H.R. 7309. 19 See WIOA §134(c)(3)(E) under current law and as would be amended by H.R. 7309.
20 See WIOA §134(c)(4) as would be amended by H.R. 7309. See also WIOA §3(65) as amended by H.R. 7309 which 20 See WIOA §134(c)(4) as would be amended by H.R. 7309. See also WIOA §3(65) as amended by H.R. 7309 which
would expanded the statutory definition of supportive services. would expanded the statutory definition of supportive services.
21 See WIOA §134(d) as would be amended by H.R. 7309. 21 See WIOA §134(d) as would be amended by H.R. 7309.
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~~Performance Accountability~~
~~WIOA establishes a performance accountability system that applies across WIOA core programs,~~
~~including the three Title I formula grant programs. The system is based on six~~ ~~primary indicators~~
~~of performance~~ ~~related to program exiters’ employment outcomes, earnings of employed~~
~~participants, credential attainment, and effectiveness in serving employers.22 States’ required~~
~~performance levels are negotiated with DOL. States that fail to meet their negotiated levels of~~
~~performance two years in a row are subject to possible funding reductions.23~~22 For more detail on the performance accountability system, see Section 116 of WIOA and the corresponding section of CRS Report R44252, The Workforce Innovation and Opportunity Act and the One-Stop Delivery System. 23 See WIOA §116(f) under current law. Congressional Research Service 7 Workforce Innovation and Opportunity Act of 2022 (H.R. 7309)
The performance accountability provisions of WIOA include additional metrics that states must The performance accountability provisions of WIOA include additional metrics that states must
report but cannot be the basis of corrective action from DOL. report but cannot be the basis of corrective action from DOL.
H.R. 7309 Performance Accountability Provisions
The bill would generally retain the accountability system and its function in the grant programs. The bill would generally retain the accountability system and its function in the grant programs.
Key changes would includeKey changes would include:
  Primary indicators of performance. H.R. 7309 would establish an additional . H.R. 7309 would establish an additional
primary indicator of earnings in the fourth quarter after exit, and eliminate the primary indicator of earnings in the fourth quarter after exit, and eliminate the
effectiveness in serving employers metric as a primary indicator.24 effectiveness in serving employers metric as a primary indicator.24
  Additional indicators. Under current law, states may identify additional . Under current law, states may identify additional
performance indicators in state plans. H.R. 7309 would authorize DOL to performance indicators in state plans. H.R. 7309 would authorize DOL to
identify “additional indicators related to the quality of participants’ unsubsidized identify “additional indicators related to the quality of participants’ unsubsidized
employment after exit from a program.”25 employment after exit from a program.”25
  State equity reports. H.R. 7309 would require states to issue state equity reports . H.R. 7309 would require states to issue state equity reports
that would “identify and quantify any disparities or gaps in performance on such that would “identify and quantify any disparities or gaps in performance on such
levels of performance” between individuals with barriers to employment and levels of performance” between individuals with barriers to employment and
individuals without such barriers to employment.26 individuals without such barriers to employment.26
Job Corps27
WIOA authorizes the Job Corps program, which supports the operation of approximately 120 WIOA authorizes the Job Corps program, which supports the operation of approximately 120
residential facilities that provide career training and other services to disadvantaged youth.28 residential facilities that provide career training and other services to disadvantaged youth.28
Funds for the Job Corps program are appropriated annually to DOL, which administers the Funds for the Job Corps program are appropriated annually to DOL, which administers the
program and contracts with private organizations to run centers. For state planning and program and contracts with private organizations to run centers. For state planning and
performance accountability purposes, Job Corps is not a core WIOA program. performance accountability purposes, Job Corps is not a core WIOA program.

~~22 For more detail on the performance accountability system, see Section 116 of WIOA and the corresponding section~~
~~of the previously-cited CRS Report R44254, Cargo Preferences for U.S.-Flag Shipping.~~
~~23 See WIOA §116(f) under current law.~~
H.R. 7309 Job Corps Provisions  Terminology. H.R. 7309 would amend the “Job Corps center” term, changing it to “Job Corps campus” to emphasize the educational mission of the program.  Eligibility requirements. H.R. 7309 would repeal the 20% limit on older Job Corps participants between the ages of 22 and 24. The bill would allow students to self-attest to income eligibility.29 Pregnant individuals would be explicitly eligible and veterans up to age 24 would be eligible.  Recruitment. Recruitment would be streamlined as the Secretary would be able to assist in the development of joint applications for Job Corps, YouthBuild, and youth workforce investment activities. The bill would remove a prohibition on 24 See WIOA §116(b)(2)(A) under current law and as would be amended by H.R. 7309. 24 See WIOA §116(b)(2)(A) under current law and as would be amended by H.R. 7309.
25 See WIOA §116(b)(2)(B)(ii) as would be amended by H.R. 7309. Such factors may include “availability of paid time 25 See WIOA §116(b)(2)(B)(ii) as would be amended by H.R. 7309. Such factors may include “availability of paid time
off, health, and retirement benefits, workplace safety and non-discrimination standards, predictable and stable work off, health, and retirement benefits, workplace safety and non-discrimination standards, predictable and stable work
schedule, stackable credentials, and advancement opportunities.” schedule, stackable credentials, and advancement opportunities.”
26 See WIOA §116(f) as would be amended by H.R. 7309. 26 See WIOA §116(f) as would be amended by H.R. 7309.
27 This section was prepared by Adam Edgerton, . 27 This section was prepared by Adam Edgerton, .
28 Job Corps was established by the Economic Opportunity Act of 1964 (P.L. 88-452). It has historically been 28 Job Corps was established by the Economic Opportunity Act of 1964 (P.L. 88-452). It has historically been
reauthorized in conjunction with federal workforce development legislation, including the Job Training Partnership Act reauthorized in conjunction with federal workforce development legislation, including the Job Training Partnership Act
of 1982 (P.L. 97-889), the Workforce Investment Act of 1998 (P.L. 105-220), and WIOA in 2014. of 1982 (P.L. 97-889), the Workforce Investment Act of 1998 (P.L. 105-220), and WIOA in 2014.
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~~H.R. 7309 Job Corps Provisions~~
~~ Terminology. H.R. 7309 would amend the “Job Corps center” term, changing it~~
~~to “Job Corps campus” to emphasize the educational mission of the program.~~
~~ Eligibility requirements. H.R. 7309 would repeal the 20% limit on older Job~~
~~Corps participants between the ages of 22 and 24. The bill would allow students~~
~~to self-attest to income eligibility.29 Pregnant individuals would be explicitly~~
~~eligible and veterans up to age 24 would be eligible.~~
~~ Recruitment. Recruitment would be streamlined as the Secretary would be able to~~
~~assist in the development of joint applications for Job Corps, YouthBuild, and~~
~~youth workforce investment activities. The bill would remove a prohibition on~~
29 The self-attestation procedures would follow those in the TRIO program authorized under the Higher Education Act, see HEA §402A(e), 20 U.S.C. 1070a-11(e). Congressional Research Service 8 link to page 6 link to page 6 Workforce Innovation and Opportunity Act of 2022 (H.R. 7309) payments as compensation for referring the names of applicants for the Job payments as compensation for referring the names of applicants for the Job
Corps. Corps.
  Selection of Operators and service providers. The selection of Job Corps campus . The selection of Job Corps campus
operators would depend upon additional metrics, including participant credentials operators would depend upon additional metrics, including participant credentials
earned, median wages, and earned, median wages, and ~~“a record of successfully operating a safe learning~~
~~and residential environment for opportunity youth.”~~the percentage of individuals eligible to enroll compared to recruitment goals. The length of contracts The length of contracts
would be for a maximum would be for a maximum of four years instead of two years. Operations would also be incorporated into the mentor-protégé program~~of four years instead of two years.~~
~~ Transitional services. Campuses would be able to provide 12 months of~~
~~employment services for former enrollees instead of 3 months, and graduates~~
~~would be able to reside on campus for a month after graduation in order to~~
~~facilitate their transition into independent living and employment~~. .
  Behavior and conduct. Zero tolerance policies would remain, but campus Zero tolerance policies would remain, but campus
directors would submit a behavioral management plan to the Secretary for directors would submit a behavioral management plan to the Secretary for
approval. This plan would rely on evidence-based research and include positive approval. This plan would rely on evidence-based research and include positive
behavioral interventions and supports as well as multi-tier disciplinary systems. behavioral interventions and supports as well as multi-tier disciplinary systems.
  Accountability. In addition to existing performance metrics, the Secretary would establish reporting procedures for significant health and behavioral incidents, including substance abuse, self-harm, and accidents resulting in bodily harm. Campuses would have to take performance improvement actions when not meeting new health and behavioral standards.  Wage regulation. Operators and service providers, including subcontractors, . Operators and service providers, including subcontractors,
would would ~~now~~ be subject to the McNamara-Obe subject to the McNamara-O’'Hara Service Contract Act of 1965, Hara Service Contract Act of 1965,
which requires the payment of prevailing wages to covered workers. Instructional which requires the payment of prevailing wages to covered workers. Instructional
employees would be considered service employees, and wages would be closely employees would be considered service employees, and wages would be closely
correlated with those employed by public education providers in the locality. correlated with those employed by public education providers in the locality.
Campuses would have Campuses would have 60120 days to implement these changes. days to implement these changes.
New Program Authorizations in WIOA Title I30
H.R. 7309 would establish several new programs and corresponding authorizations of H.R. 7309 would establish several new programs and corresponding authorizations of
appropriations in WIOA. Most programs would be established in Subtitle D of Title I of WIOA, appropriations in WIOA. Most programs would be established in Subtitle D of Title I of WIOA,
which houses which houses National Programs, a group of mostly competitive grant programs.31 In some cases, , a group of mostly competitive grant programs.31 In some cases,
the new programs are similar to existing efforts at DOL that have been established in recent the new programs are similar to existing efforts at DOL that have been established in recent

~~29 The self-attestation procedures would follow those in the TRIO program authorized under the Higher Education Act,~~
~~see HEA §402A(e), 20 U.S.C. 1070a-11(e).~~
~~30 This section does not describe all new program authorizations that would be created by H.R. 7309. Table 1 includes~~
~~all authorizations of appropriations under H.R. 7309.~~
~~31 The exception is the Summer and Year-Round Employment for Youth program, which would be in Subtitle B of~~
~~Title I, which houses the three primary formula grant programs.~~
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~~appropriations laws. In other cases, the new program authorizations would represent grant~~
~~programs that do not directly correspond with recent DOL-administered programs~~appropriations laws or have previously been carried out by DOL under demonstration authority. In other cases, the new program authorizations would represent grant programs that do not directly correspond with recent DOL-administered programs. Annual authorization levels are presented in the Title I summary in Table 1 of this report. .
H.R. 7309 would codify several competitive grant programs that are similar to efforts H.R. 7309 would codify several competitive grant programs that are similar to efforts that were were
carried out in recent years (including FY2022) using WIOA-authorized fundscarried out in recent years (including FY2022) using WIOA-authorized funds~~. From a budgetary~~
~~standpoint, the most significant authorizations would include~~: :
Reentry Employment Opportunities. Since FY2015, annual appropriations acts have directed . Since FY2015, annual appropriations acts have directed
funding to competitive grants that support the employment of justice-involved individuals. These funding to competitive grants that support the employment of justice-involved individuals. These
appropriations have been authorized under the broad authority in WIOA Section 169.32 H.R. 7309 appropriations have been authorized under the broad authority in WIOA Section 169.32 H.R. 7309
would codify a permanent authority for similar activities in a new Section 173 of WIOA. Eligible would codify a permanent authority for similar activities in a new Section 173 of WIOA. Eligible
30 This section does not describe all new program authorizations that would be created by H.R. 7309. Table 1 includes all authorizations of appropriations under H.R. 7309. 31 An exception is the Summer and Year-Round Employment for Youth program, which would be in Subtitle B of Title I, which houses the three primary formula grant programs. 32 WIOA §169 authorizes DOL to conduct several categories of evaluation and research activities, including “multistate projects ... to effectively disseminate best practices and models for implementing employment and training services, address the specialized employment and training needs of particular service populations” in WIOA §169(b)(5). Congressional Research Service 9 Workforce Innovation and Opportunity Act of 2022 (H.R. 7309) grantees would include a variety of public and private entities and allowable activities would grantees would include a variety of public and private entities and allowable activities would
include a range of services to facilitate participants’ reentry to the labor market. The authorization include a range of services to facilitate participants’ reentry to the labor market. The authorization
directs DOL to conduct an evaluation no later than five years after the first award. The bill would directs DOL to conduct an evaluation no later than five years after the first award. The bill would
authorize $250 million for these activities in FY2023. The authorization would increase each year authorize $250 million for these activities in FY2023. The authorization would increase each year
to $500 million in FY2028. to $500 million in FY2028.
Strengthening Community Colleges and Training Grants Program. Since FY2020, annual . Since FY2020, annual
appropriations acts have directed a portion of the funds from the Dislocated Worker National appropriations acts have directed a portion of the funds from the Dislocated Worker National
Reserve for the purpose of “developing, offering, or improving educational or career training Reserve for the purpose of “developing, offering, or improving educational or career training
programs at community colleges.”33 H.R. 7309 would codify programs at community colleges.”33 H.R. 7309 would codify a similar activities in a new Section similar activities in a new Section
173 of WIOA. The authorization would establish the authority for grants to eligible institutions of 173 of WIOA. The authorization would establish the authority for grants to eligible institutions of
higher education higher education ~~the~~that predominantly award associate degrees and partner with employers in in- predominantly award associate degrees and partner with employers in in-
demand industries and sectors. The authorization would direct DOL to conduct an evaluation no demand industries and sectors. The authorization would direct DOL to conduct an evaluation no
later than five years after the award of the first award. The bill would authorize $100 million for later than five years after the award of the first award. The bill would authorize $100 million for
these activities in FY2023. The authorization would increase each year to $161 million in these activities in FY2023. The authorization would increase each year to $161 million in
FY2028. FY2028.
H.R. 7309 would establish other new grant programs that are not immediately similar to other H.R. 7309 would establish other new grant programs that are not immediately similar to other
recentlyrecently- funded programs at DOL: funded programs at DOL:
  Summer and Year-Round Employment for Youth. This program would be . This program would be established in a established in a
new Section 130 of WIOA and would provide formula grants to states to support new Section 130 of WIOA and would provide formula grants to states to support
employment and job readiness programs for eligible youth. Funds would be allotted to employment and job readiness programs for eligible youth. Funds would be allotted to
states on the basis of each state’s relative share of Youth Activities funding. Program states on the basis of each state’s relative share of Youth Activities funding. Program
funds could be used to support program development, subsidize participant wages, and funds could be used to support program development, subsidize participant wages, and
support related work readiness activities. With approval of the Governor, the bill would support related work readiness activities. With approval of the Governor, the bill would
authorize 100% transfer authority between local areas’ formula funds in this program and authorize 100% transfer authority between local areas’ formula funds in this program and
the Youth Activities program.34 The bill would authorize about $927 million for this the Youth Activities program.34 The bill would authorize about $927 million for this
program in FY2023. The authorization would increase each year to about $1.49 billion in program in FY2023. The authorization would increase each year to about $1.49 billion in
FY2028. FY2028.
  Sectoral Employment through Career Training and Occupational Readiness (SECTOR)
Program. This program would be established in a new Section 174 of . This program would be established in a new Section 174 of WIOA and would provide a combination of formula grants (80% of funding) and competitive grants (20% of funding) to support the development and expansion of industry or sector partnerships.35 Allowable uses for both the formula and competitive funds include convening stakeholders to refine training and employment efforts and providing or arranging the provision of services to assist individuals with barriers to employment to complete and transition out of training programs. The bill would authorize $1.0 billion for FY2023. The authorization would increase each year to about $1.6 billion in FY2028. ~~WIOA and would~~

~~32 WIOA §169 authorizes DOL to conduct several categories of evaluation and research activities, including “multistate~~
~~projects...to effectively disseminate best practices and models for implementing employment and training services,~~
~~address the specialized employment and training needs of particular service populations” in WIOA §169(b)(5).~~
33 For details on the grant supported by the FY2021 funding, see the full Funding Opportunity Announcement (FOA) at 33 For details on the grant supported by the FY2021 funding, see the full Funding Opportunity Announcement (FOA) at
https://www.dol.gov/sites/dolgov/files/ETA/grants/pdfs/Foa_Content_of_FOA-ETA-22-02.pdf. This FOA states that https://www.dol.gov/sites/dolgov/files/ETA/grants/pdfs/Foa_Content_of_FOA-ETA-22-02.pdf. This FOA states that
the grants are authorized under Section 169(c) of WIOA. the grants are authorized under Section 169(c) of WIOA.
34 See WIOA §128(b)(5) as would be amended by H.R. 7309. This could, for example, allow states to use these funds 34 See WIOA §128(b)(5) as would be amended by H.R. 7309. This could, for example, allow states to use these funds
to support activities authorized under Youth Activities. to support activities authorized under Youth Activities.
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~~provide a combination of formula grants (80% of funding) and competitive grants (20%~~
~~of funding) to support the development and expansion of industry or sector~~
~~partnerships.35 Allowable uses for both the formula and competitive funds include~~
~~convening stakeholders to refine training and employment efforts and providing or~~
~~arranging the provision of services to assist individuals with barriers to employment to~~
~~complete and transition out of training programs. With approval of the Governor, the bill~~
~~would authorize 100% transfer authority between local areas’ formula funds in this~~
~~program and the Adult Activities program.36 The bill would authorize $1.0 billion for~~
~~FY2023. The authorization would increase each year to about $1.6 billion in FY2028~~35 WIOA defines an industry or sector partnership as collaboration convened or acting in partnerships with a workforce development board that “organizes key stakeholders in an industry cluster into a working group that focuses on the shared goals and human resources needs of the industry cluster.” Partners include representatives from multiple businesses or other employers, representatives from the workforce, and representatives from training providers. Other stakeholders may also be included. Congressional Research Service 10 Workforce Innovation and Opportunity Act of 2022 (H.R. 7309)  Improving Approaches for Communities to Thrive (IMPACT) Grants. This program would be established in a new Section 176 of WIOA. It would support summer and year-round employment activities for youth “in communities disproportionately affected by gun violence.” Grants would be provided to workforce development boards and eligible partners. The bill would authorize appropriations of such sums as necessary for each of fiscal years 2023 through 2028. .
Title II: Adult Education and Family Literacy
Title II of WIOA is the Adult Education and Family Literacy Act (AEFLA).Title II of WIOA is the Adult Education and Family Literacy Act (AEFLA).3736 Under the Under the
authorization AEFLA, ED makes grants to states to support services to improve literacy and other authorization AEFLA, ED makes grants to states to support services to improve literacy and other
basic skills among adults who are not enrolled in school. Commonly called basic skills among adults who are not enrolled in school. Commonly called "“adult education,adult education,"” the the
activities funded by AEFLA provide educational services to adults at the secondary level and activities funded by AEFLA provide educational services to adults at the secondary level and
below, as well as English language training.below, as well as English language training.3837
H.R. 7309 AEFLA Provisions
H.R. 7309 would authorize AEFLA appropriations for fiscal years 2023 through 2028. It would H.R. 7309 would authorize AEFLA appropriations for fiscal years 2023 through 2028. It would
retain the general structure, administration and funding streams in current law. Programmatic retain the general structure, administration and funding streams in current law. Programmatic
changes includechanges include:
  Performance accountability. Under current law, AEFLA grantees are subject to . Under current law, AEFLA grantees are subject to
the same performance accountability system as other core WIOA programs. H.R. the same performance accountability system as other core WIOA programs. H.R.
7309 would retain this system but also give ED the authority to authorize a state 7309 would retain this system but also give ED the authority to authorize a state
agency or a consortium of state agencies the to implement “an innovative agency or a consortium of state agencies the to implement “an innovative
performance accountability system that uses alternative primary indications of performance accountability system that uses alternative primary indications of
performance that reflect the objectives and activities of the entity’s adult performance that reflect the objectives and activities of the entity’s adult
education and family literacy programs and measure the attainment of the education and family literacy programs and measure the attainment of the
education and employment goals of the participants in such programs.”education and employment goals of the participants in such programs.”3938
  Professional development. Under current law, local administrative costs may not . Under current law, local administrative costs may not
exceed 5% of federal funding and professional development is considered an exceed 5% of federal funding and professional development is considered an
administrative cost. H.R. 7309 would retain the 5% limit on administrative costs administrative cost. H.R. 7309 would retain the 5% limit on administrative costs
but would establish a separate 10% limit for professional development. but would establish a separate 10% limit for professional development.

~~35 WIOA defines an industry or sector partnership as collaboration convened or acting in partnerships with a workforce~~
~~development board that “organizes key stakeholders in an industry cluster into a working group that focuses on the~~
~~shared goals and human resources needs of the industry cluster.” Partners include representatives from multiple~~
~~businesses or other employers, representatives from the workforce, and representatives from training providers. Other~~
~~stakeholders may also be included.~~
~~36 See WIOA 174(b)(1)(C) as would be amended by H.R. 7309. This could, for example, allow grantees to use~~
~~SECTOR funds to support activities authorized under Adult Activities.~~
37 Table 2. FY2022 Appropriations and Authorizations of Appropriations in AEFLA, as proposed in H.R. 7309 (by fiscal year, in millions of dollars) Authorization in H.R. 7309 Actual Program 2022 2023 2024 2025 2026 2027 2028 Adult Education 704.2 785.1 824.4 865.6 908.9 954.3 1,002.0 Source: CRS analysis of P.L. 117-103, Consolidated Appropriations Act, 2022 and H.R. 7309, as passed by the House in the 117th Congress. 36 This report and other sources use “AEFLA” and “WIOA Title II” interchangeably. This report and other sources use “AEFLA” and “WIOA Title II” interchangeably.
3837 For more information on current law AEFLA, see CRS Report R43789, For more information on current law AEFLA, see CRS Report R43789, Adult Education and Family Literacy Act:
Major Statutory Provisions. .
3938 See AEFLA §212 as would be amended by H.R. 7309. See AEFLA §212 as would be amended by H.R. 7309.
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~~Table 2. Authorizations of Appropriations in AEFLA, as proposed in H.R. 7309~~
~~(by fiscal year, in millions of dollars)~~
~~Actual~~
~~Authorization in H.R. 7309~~
~~Program~~
~~2022~~
~~2023~~
~~2024~~
~~2025~~
~~2026~~
~~2027~~
~~2028~~
~~Adult Education~~
~~704.2~~
~~785.1~~
~~824.4~~
~~865.6~~
~~908.9~~
~~954.3~~
~~1,002.0~~
Source: CRS analysis of P.L. 117-103, Consolidated Appropriations Act, 2022 and H.R. 7309, as ordered
~~reported by the House Committee on Education and Labor in the 117th Congress.~~
Title III: Amendments to the Wagner-Peyser Act
Title III of WIOA amends the Wagner-Peyser Act.Title III of WIOA amends the Wagner-Peyser Act.4039 WIOA authorizes appropriations for WIOA authorizes appropriations for
Workforce and Labor Market System Information. These funds support both federal and state Workforce and Labor Market System Information. These funds support both federal and state
data tools and workforce information resources.data tools and workforce information resources.4140
The Employment Service (ES) is a formula grant authorized by the Wagner-Peyser Act that is a The Employment Service (ES) is a formula grant authorized by the Wagner-Peyser Act that is a
core WIOA program for planning and performance accountability purposes. The ES has a core WIOA program for planning and performance accountability purposes. The ES has a
permanent authorization of appropriations, so WIOA does not authorize appropriations for the permanent authorization of appropriations, so WIOA does not authorize appropriations for the
ES. ES.
H.R. 7309 Wagner-Peyser Act Provisions
H.R. 7309 would extend the authorization of appropriations for the Workforce and Labor Market H.R. 7309 would extend the authorization of appropriations for the Workforce and Labor Market
System Information. Authorized funding levels would increase each year and are presented in System Information. Authorized funding levels would increase each year and are presented in
Table 3.
H.R. 7309 would amend the Wagner-Peyser Act to specify that ES services shall be performed by “public employees under a merit system.”41 Table 3. FY2022 Appropriations and ~~Table 3.~~ Authorizations of Appropriations in the Wagner- Peyser Act, as proposed in
H.R. 7309
(by fiscal year, in millions of dollars) (by fiscal year, in millions of dollars)
Authorization in H.R. 7309
Actual
~~2022~~
~~Program~~Program 2022
2023
2024
2025
2026
2027
2028
Workforce and Labor Market Workforce and Labor Market
System Information 62.7 62.7
74.4 74.4
78.1 78.1
82.0 82.0
86.1 86.1
90.4 90.4
94.9 94.9
~~System Information~~
Source: CRS analysis of P.L. 117-103, Consolidated Appropriations Act, 2022 and H.R. 7309, as CRS analysis of P.L. 117-103, Consolidated Appropriations Act, 2022 and H.R. 7309, as ~~ordered~~
~~reported~~passed by the by the House ~~House Committee on Education and Labor~~ in the 117th Congress. in the 117th Congress.
Title IV: Amendments to the Rehabilitation Act42
Title IV of WIOA amends the Rehabilitation Act of 1973 and authorizes funding for vocational Title IV of WIOA amends the Rehabilitation Act of 1973 and authorizes funding for vocational
rehabilitation services for individuals with disabilities. Most programs under the Rehabilitationrehabilitation services for individuals with disabilities. Most programs under the Rehabilitation Act are related to the employment and independent living of individuals with disabilities and most of the authorized programs are administered by ED. The Vocational Rehabilitation State Grants program is the largest program under the Rehabilitation Act, with its funding accounting for approximately 90% of all funding appropriated for programs authorized by Rehabilitation Act in FY2022. The program makes 39

40 The Wagner-Peyser Act was originally enacted in 1933. It is permanently codified at 29 U.S.C. 49 et seq. The Wagner-Peyser Act was originally enacted in 1933. It is permanently codified at 29 U.S.C. 49 et seq.
4140 For more information on recent activities, see the “Workforce Information/Electronic Tools/System Building” For more information on recent activities, see the “Workforce Information/Electronic Tools/System Building”
section of the State Unemployment Insurance and Employment Service Operations chapter of the FY2023 DOL section of the State Unemployment Insurance and Employment Service Operations chapter of the FY2023 DOL
https://www.dol.gov/sites/dolgov/files/general/budget/2023/CBJ-2023-V1-07.pdf. https://www.dol.gov/sites/dolgov/files/general/budget/2023/CBJ-2023-V1-07.pdf.
~~42 This section was prepared by Kyle Shohfi, .~~
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~~Act are related to the employment and independent living of individuals with disabilities and~~
~~most of the authorized programs are administered by ED.~~
~~The Vocational Rehabilitation State Grants program is the largest program under the~~
~~Rehabilitation Act, with its funding accounting for approximately 90% of all funding~~
~~appropriated for programs authorized by Rehabilitation Act in FY2022. The program makes~~
41 Current statute does not address this issue. Current regulations allow states to use non-merit staff for Employment Service staff. Prior regulations required the use of merit staff. For more information, see CRS In Focus IF12144, The U.S. Employment Service: Service Delivery and Merit Staffing. 42 This section was prepared by Kyle Shohfi, CRS Analyst in Education Policy, . Congressional Research Service 12 Workforce Innovation and Opportunity Act of 2022 (H.R. 7309) grants to state vocational rehabilitation agencies to support individuals with disabilities to prepare grants to state vocational rehabilitation agencies to support individuals with disabilities to prepare
for and engage in employment.43 for and engage in employment.43
Unlike the other programs authorized under the Rehabilitation Act, the Vocational Rehabilitation Unlike the other programs authorized under the Rehabilitation Act, the Vocational Rehabilitation
State Grants program is funded through mandatory spending. Under current law, a fixed dollar State Grants program is funded through mandatory spending. Under current law, a fixed dollar
amount was authorized to be appropriated for FY2015 through FY2020, but statute requires that amount was authorized to be appropriated for FY2015 through FY2020, but statute requires that
the amount actually appropriated be equal to at least the prior year’s appropriation plus an the amount actually appropriated be equal to at least the prior year’s appropriation plus an
increase equal to inflation.44 increase equal to inflation.44
H.R. 7309 Rehabilitation Act Provisions
H.R. 7309 would authorize appropriations from FY2023 through FY2028 for programs H.R. 7309 would authorize appropriations from FY2023 through FY2028 for programs
authorized under the Rehabilitation Act. In most cases, it authorizes definite amounts that would authorized under the Rehabilitation Act. In most cases, it authorizes definite amounts that would
be an increase be an increase ~~other~~from the FY2022 appropriated levels. the FY2022 appropriated levels.
For the Vocational Rehabilitation State Grants, H.R. 7309 would authorize appropriations of For the Vocational Rehabilitation State Grants, H.R. 7309 would authorize appropriations of
“such sums as may be necessary” for FY2023 through FY2028. The bill would set the FY2023 “such sums as may be necessary” for FY2023 through FY2028. The bill would set the FY2023
appropriation at $4.05 billion and require that appropriations for each succeeding fiscal year equal appropriation at $4.05 billion and require that appropriations for each succeeding fiscal year equal
at least the prior year’s appropriation plus an increase equal to inflation.45 at least the prior year’s appropriation plus an increase equal to inflation.45

43 For more information about the Vocational Rehabilitation State Grants program, see CRS Report R43855, 43 For more information about the Vocational Rehabilitation State Grants program, see CRS Report R43855,
Rehabilitation Act: Vocational Rehabilitation State Grants. .
44 Rehabilitation Act of 1973, as amended, §110(b). 44 Rehabilitation Act of 1973, as amended, §110(b).
45 Rehabilitation Act of 1973, as amended, §110(b) as would be amended by H.R. 7309. 45 Rehabilitation Act of 1973, as amended, §110(b) as would be amended by H.R. 7309.
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Table 4. FY2022 Appropriations and Authorizations of Appropriations in the Rehabilitation Act as proposed in
H.R. 7309
(by fiscal year, in millions of dollars) (by fiscal year, in millions of dollars)
Authorization in H.R. 7309
Actual
Program
2022
2023
2024
2025
2026
2027
2028
Vocational Rehabilitation State Grants Vocational Rehabilitation State Grants
3,719. 3,719.1a
Such Such
Such Such
Such Such
Such Such
Such Such
Such Such
~~sumsb~~
~~sumsb~~
~~sumsb~~
~~sumsb~~
~~sumsb~~
~~sum~~sbsu msb sumsb sumsb sumsb sumsb sumsb
Client Assistance Program Client Assistance Program
13.0 13.0
15.5 15.5
16.3 16.3
17.1 17.1
18.0 18.0
18.8 18.8
19.8 19.8
National Institute on Disability, Independent National Institute on Disability, Independent
116.5 116.5
134.4 134.4
141.1 141.1
148.1 148.1
155.5 155.5
163.3 163.3
171.5 171.5
Living, and Rehabilitation Research Living, and Rehabilitation Research
Training Training
29.4 29.4
43.5 43.5
45.7 45.7
48.0 48.0
50.3 50.3
52.9 52.9
55.5 55.5
Demonstration and Training Programs Demonstration and Training Programs
5.8 5.8
7.5 7.5
7.9 7.9
8.3 8.3
8.7 8.7
9.1 9.1
9.6 9.6
National Council on Disability National Council on Disability
3.5 3.5
4.1 4.1
4.3 4.3
4.5 4.5
4.8 4.8
5.0 5.0
5.3 5.3
Access Board Access Board
9.8 9.8
10.8 10.8
11.4 11.4
11.9 11.9
12.5 12.5
13.2 13.2
13.8 13.8
Protection and Advocacy of Individual Rights Protection and Advocacy of Individual Rights
19.2 19.2
22.8 22.8
23.9 23.9
25.1 25.1
26.4 26.4
27.7 27.7
29.1 29.1
Supported Employment Supported Employment
22.5 22.5
35.6 35.6
37.4 37.4
39.2 39.2
41.2 41.2
43.3 43.3
45.4 45.4
Independent Living – Services Independent Living – Services
(See (See
29.6 29.6
31.0 31.0
32.6 32.6
34.2 34.2
35.9 35.9
37.7 37.7
~~note)c~~ note)c
Independent Living – Centers Independent Living – Centers
(See (See
101.2 101.2
106.3 106.3
111.6 111.6
117.1 117.1
123.0 123.0
129.1 129.1
~~note~~note)c
Independent Living – Services to the Blind Independent Living – Services to the Blind
33.3 33.3
43.1 43.1
45.2 45.2
47.5 47.5
49.8 49.8
52.3 52.3
55.0 55.0
Source: CRS analysis of P.L. 117-103, Consolidated Appropriations Act, 2022; Department of Education FY2023 CRS analysis of P.L. 117-103, Consolidated Appropriations Act, 2022; Department of Education FY2023
President’s Budget Request table; and H.R. 7309, as President’s Budget Request table; and H.R. 7309, as ~~ordered reported~~passed by the House by the House ~~Committee on Education~~
~~and Labor~~ in the 117th Congress. in the 117th Congress.
~~Notes:~~
a. Vocational Rehabilitation Grants to States are mandatory spending and subject to sequestration. The a. Vocational Rehabilitation Grants to States are mandatory spending and subject to sequestration. The
FY2022 amount in the table reflects the pre-sequestration appropriation level. FY2022 amount in the table reflects the pre-sequestration appropriation level.
b. The b. The ~~bill~~ bil would authorize to be appropriated such sums as may be necessary for fiscal years 2023 through would authorize to be appropriated such sums as may be necessary for fiscal years 2023 through
2028 and would require the amount to be appropriated for FY2023 to be at least $4,052,400,000. For 2028 and would require the amount to be appropriated for FY2023 to be at least $4,052,400,000. For
FY2024 and succeeding years, the FY2024 and succeeding years, the ~~bill~~ bil would require the amount to be appropriated to be no less than the would require the amount to be appropriated to be no less than the
amount appropriated in the prior year adjusted for inflation. amount appropriated in the prior year adjusted for inflation.
c. The FY2022 omnibus c. The FY2022 omnibus bil provided a combined $118,183,000 for Independent Living Services and Centers provided a combined $118,183,000 for Independent Living Services and Centers ~~but~~
but did not specify the funding level for each program. did not specify the funding level for each program.

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Author Information

Benjamin Collins, Coordinator Benjamin Collins, Coordinator
Kyle D. Shohfi Kyle D. Shohfi
Analyst in Labor Policy Analyst in Labor Policy
Analyst in Education Policy Analyst in Education Policy

Adam K. Edgerton Adam K. Edgerton

Analyst in Education Policy Analyst in Education Policy

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