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

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

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

Adam K. Edgerton
The Workforce Innovation and Opportunity Act of 2014 (WIOA, P.L. 113-128) is the primary
Analyst in Education Policy
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
Title I of WIOA.
Kyle D. Shohfi
Analyst in Education Policy
In May 2022, the House passed H.R. 7309, the Workforce Innovation and Opportunity Act of

2022. H.R. 7309 would authorize appropriations for fiscal years 2023 through 2028. It would

extend and increase the authorizations of appropriations for existing WIOA programs and
establish several new program authorizations in Title I.
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
Adult Activities and Dislocated Worker Activities would represent a substantial increase from their current funding levels.
The increases in 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.
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
establish several new program authorizations. Some of the new authorizations would be based on activities that DOL has
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
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.
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Contents
Background ..................................................................................................................................... 1
Structure of WIOA .................................................................................................................... 1
Action in the 117th Congress ..................................................................................................... 2
Report Overview ....................................................................................................................... 2
WIOA Title I Authorizations of Appropriations in H.R. 7309 ........................................................ 2
Modifications to Existing WIOA Title I Systems and Programs ..................................................... 4
State and Local Workforce Systems .......................................................................................... 4
H.R. 7309 State and Local Workforce System Provisions .................................................. 5
Formula Grant Programs ........................................................................................................... 6
H.R. 7309 Formula Grant Provisions ................................................................................. 6
Performance Accountability ...................................................................................................... 7
H.R. 7309 Performance Accountability Provisions ............................................................ 8
Job Corps ................................................................................................................................... 8
H.R. 7309 Job Corps Provisions ......................................................................................... 8
New Program Authorizations in WIOA Title I ................................................................................ 9
Title II: Adult Education and Family Literacy ............................................................................... 11
H.R. 7309 AEFLA Provisions .................................................................................................. 11
Title III: Amendments to the Wagner-Peyser Act .......................................................................... 12
H.R. 7309 Wagner-Peyser Act Provisions ............................................................................... 12
Title IV: Amendments to the Rehabilitation Act ........................................................................... 12
H.R. 7309 Rehabilitation Act Provisions ................................................................................ 13

Tables
Table 1. FY2022 Appropriations and Authorizations of Appropriations in Title I of WIOA
as proposed in H.R. 7309 ............................................................................................................. 3
Table 2. FY2022 Appropriations and Authorizations of Appropriations in AEFLA, as
proposed in H.R. 7309 ................................................................................................................. 11
Table 3. FY2022 Appropriations and Authorizations of Appropriations in the Wagner-
Peyser Act, as proposed in H.R. 7309 ........................................................................................ 12
Table 4. FY2022 Appropriations and Authorizations of Appropriations in the
Rehabilitation Act as proposed in H.R. 7309 ............................................................................. 14

Contacts
Author Information ........................................................................................................................ 15

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

Background
Workforce development programs support interventions to improve participants’ prospects in the
labor market. These interventions can include job training, career services (such as case
management or job search assistance) or other supports.
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,
P.L. 105-220).
WIOA authorizes 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
programs under a single planning structure and performance accountability system.2 WIOA
authorized appropriations for fiscal year (FY) 2015 through FY2020. Since FY2021, the systems
and programs authorized by WIOA have continued to be funded through the annual
appropriations process.
Structure of WIOA
WIOA has four titles:
 Title I authorizes workforce development activities. It establishes a federally
funded, state- and locally administered “one-stop” delivery system, including
structure, governance, planning, and performance accountability requirements. It
authorizes three formula grants that are administered through these systems as
well other workforce development programs. Programs under Title I are
administered by the Department of Labor (DOL).
 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
secondary level and below as well as English language training. Programs under
Title II are administered by the Department of Education (ED).
 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
core WIOA program for planning and accountability purposes and is
administered by DOL.3
 Title IV amends the Rehabilitation Act of 1973. The largest authorization of
appropriations under Title IV is the Vocational Rehabilitation State Grants, which
provide funding to state agencies to support employment-related services to
individuals with disabilities. Most programs authorized by Title IV are
administered by ED.4

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,
(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
IV.
3 The funding for Employment Service 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
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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.
Action in the 117th Congress
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
and Workforce Investment has held three hearings specifically related to WIOA reauthorization.5
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
general structure and systems established by WIOA. It would authorize appropriations for
FY2023 through FY2028, 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
year 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 passed by the House in May 2022.8 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 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. 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
focuses on Title I, upon which this report also 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
WIOA-authorized funding relative to current levels. Table 1 summarizes the authorizations of
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
current law. These cases are clarified in the table notes.

Department of Health and Human Services.
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
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.
6 The motion to report H.R. 7309 passed the 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.
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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)

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
1,885.3
2,066.4
2,260.1
2,467.5
2,689.9
2,929.6
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 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)e
100.0
110.0
121.0
133.0
146.0
161.0
Reentry Employment Opportunities
102.1f
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
6.0g
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
9,690.3 10,534.1 11,452.9 12,453.4 13,544.1 14,734.2
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.
a. Funding levels include formula funds and National Reserve. In 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
WIOA (Section 169 under both current law and under the bil ). 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 separate authorization of appropriations for such sums as necessary for fiscal years 2023 to 2028.
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Since this “such sums” authorization of appropriations is under another authorization of appropriations for
the ful section, it is not included in the summary table.
d. In FY2022, P.L. 117-103 directed all funding under this authorization to either Reentry Employment
Opportunities or the Workforce Data Quality Initiative.
e. In FY2022, P.L. 117-103 directed $50 mil ion from the Dislocated Worker National Reserve for a similar
program. This FY2022 funding is included in the “WIOA Dislocated Worker” row.
f.
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.
g. 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.
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
system. Most of the changes to administrative systems 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.
State and Local Workforce Systems
WIOA formula funds and other federal workforce funding are administered through state and
local workforce systems.9 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 systems consist of
 State workforce development boards that develop a state plan that describes how
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.
State workforce development boards allocate funds to local workforce
development boards and provide oversight of the local boards. State workforce
development boards are appointed by the governor and the majority of board
positions must be held by representatives of private business. The remaining
board positions are held by other labor market stakeholders.10
 Local workforce development boards develop a local plan that describes how
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,
the majority of members of local boards must be business representatives.
 One-stop career centers are the physical locations that interface with program
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.
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staff are responsible for implementing the local plan, including making
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
state and local entities retaining their key responsibilities. Most of the changes in H.R. 7309
related 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. Key provisions include
 Share of workforce representatives in state and local boards. Under current law,
at least 20% each of state and local workforce development boards must consist
of “representatives of the workforce,” including representatives from labor
organizations such as labor unions. H.R. 7309 would increase the share of
workforce representatives to 30% on each of state and local boards.11 The
requirement that the majority of the boards would be comprised of
representatives from business would remain.
 Diversity of state and local boards. H.R. 7309 would specify that state and local
workforce boards shall represent “diverse demographic populations” of the state
or local area.12
 State plan content and process. H.R. 7309 would establish additional content in
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
of the plan.
 Equity and serving workers with barriers to employment.13 Several amendments
to the state and local board and planning provisions relate to equitable service
delivery and outcomes for individuals with barriers to employment.14
 Infrastructure Funding for One-Stop Career Centers. Under current law, the
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
of policies and procedures established in WIOA.15 H.R. 7309 would eliminate the
current memorandum of understanding (MOU) requirement and establish that
infrastructure costs will be funded out of the specified WIOA formula grants.16

11 See WIOA §101(b)(1)(C)(ii) and §107(b)(2)(B) as would be amended by H.R. 7309.
12 See WIOA §101(b)(2) and §107(b)(2)(F) as would be amended by H.R. 7309.
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
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
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
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
service delivery, gender and racial bias, cultural competence, occupational stereotyping, and strategies for increasing
participant and worker voice.”
15 See WIOA §121(h).
16 Specifically, WIOA §121(h)(1) would be modified by H.R. 7309 to specify that not more than 10% of the funds
allotted under sections 127 (WIOA Youth Activities), 132 (WIOA Adult Activities and Dislocated Worker Activities),
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 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 specified
populations: Youth Activities, Adult Activities, and Dislocated Worker Activities. Statute specifies
eligibility and allowable uses for each funding stream. Funds 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
formula grant programs 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 Activities,
though the bill would also establish a new formula grant program supporting
Summer and Year-Round Employment for Youth (see Table 1 for funding; the
new program is described in “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.
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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
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
youth. H.R. 7309 would eliminate this distinction and create a single eligible
youth definition.18
 Adult activities priority. Current law specifies that low-income individuals and
certain basic skill deficient individuals shall be given priority for services under
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
to provide services to workers with barriers to employment, low-income
individuals, and individuals who have foundational skill needs.19
 Supportive services. Current law specifies that supportive services for program
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
boards shall be used for supportive services, but does not specify a minimum
threshold.20
 Incumbent worker training and transitional jobs. Under current law, incumbent
worker training and transitional jobs (e.g., time-limited subsidized 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
total local funds, respectively. H.R. 7309 would increase these limits to 25% and
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 of eligible youth in WIOA §3(21) as would be amended by H.R. 7309 and references to the 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.
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
would expanded the statutory definition of supportive services.
21 See WIOA §134(d) as would be amended by H.R. 7309.
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.
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The performance accountability provisions of WIOA include additional metrics that states must
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.
Key changes would include
 Primary indicators of performance. H.R. 7309 would establish an additional
primary indicator of earnings in the fourth quarter after exit, and eliminate the
effectiveness in serving employers metric as a primary indicator.24
 Additional indicators. Under current law, states may identify additional
performance indicators in state plans. H.R. 7309 would authorize DOL to
identify “additional indicators related to the quality of participants’ unsubsidized
employment after exit from a program.”25
 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
levels of performance” between individuals with barriers to employment and
individuals without such barriers to employment.26
Job Corps27
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
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
performance accountability purposes, Job Corps is not a core WIOA program.
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.
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
schedule, stackable credentials, and advancement opportunities.”
26 See WIOA §116(f) as would be amended by H.R. 7309.
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
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.
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).
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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
correlated with those employed by public education providers in the locality.
Campuses would have 120 days to implement these changes.
New Program Authorizations in WIOA Title I30
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,
which houses National Programs, 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
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 that were
carried out in recent years (including FY2022) using WIOA-authorized funds:
Reentry Employment Opportunities. Since FY2015, annual appropriations acts have directed
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
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).
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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
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
to $500 million in FY2028.
Strengthening Community Colleges and Training Grants Program. Since FY2020, annual
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
programs at community colleges.”33 H.R. 7309 would codify similar activities in a new Section
173 of WIOA. The authorization would establish the authority for grants to eligible institutions of
higher education that predominantly award associate degrees and partner with employers in in-
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
these activities in FY2023. The authorization would increase each year to $161 million in
FY2028.
H.R. 7309 would establish other new grant programs that are not immediately similar to other
recently funded programs at DOL:
 Summer and Year-Round Employment for Youth. This program would be
established in a 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 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 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 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 FY2028.
 Sectoral Employment through Career Training and Occupational Readiness
(SECTOR) Program. 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.

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
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
to support activities authorized under Youth Activities.
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.
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 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).36 Under the
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 “adult education,” the
activities funded by AEFLA provide educational services to adults at the secondary level and
below, as well as English language training.37
H.R. 7309 AEFLA Provisions
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
changes include
 Performance accountability. Under current law, AEFLA grantees are subject to
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
agency or a consortium of state agencies the to implement “an innovative
performance accountability system that uses alternative primary indications of
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 employment goals of the participants in such programs.”38
 Professional development. Under current law, local administrative costs may not
exceed 5% of federal funding and professional development is considered an
administrative cost. H.R. 7309 would retain the 5% limit on administrative costs
but would establish a separate 10% limit for professional development.
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.
37 For more information on current law AEFLA, see CRS Report R43789, Adult Education and Family Literacy Act:
Major Statutory Provisions.
38 See AEFLA §212 as would be amended by H.R. 7309.
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Title III: Amendments to the Wagner-Peyser Act
Title III of WIOA amends the Wagner-Peyser Act.39 WIOA authorizes appropriations for
Workforce and Labor Market System Information. These funds support both federal and state
data tools and workforce information resources.40
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
permanent authorization of appropriations, so WIOA does not authorize appropriations for the
ES.
H.R. 7309 Wagner-Peyser Act Provisions
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
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 Authorizations of Appropriations in the Wagner-
Peyser Act, 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
Workforce and Labor Market
System Information
62.7
74.4
78.1
82.0
86.1
90.4
94.9
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.
Title IV: Amendments to the Rehabilitation Act42
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 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 The Wagner-Peyser Act was originally enacted in 1933. It is permanently codified at 29 U.S.C. 49 et seq.
40 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
https://www.dol.gov/sites/dolgov/files/general/budget/2023/CBJ-2023-V1-07.pdf.
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, .
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grants to state vocational rehabilitation agencies to support individuals with disabilities to prepare
for and engage in employment.43
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
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
increase equal to inflation.44
H.R. 7309 Rehabilitation Act Provisions
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
be an increase from the FY2022 appropriated levels.
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
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

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).
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)

Authorization in H.R. 7309
Actual
Program
2022
2023
2024
2025
2026
2027
2028
Vocational Rehabilitation State Grants
3,719.1a
Such
Such
Such
Such
Such
Such
sumsb
sumsb
sumsb
sumsb
sumsb sumsb
Client Assistance Program
13.0
15.5
16.3
17.1
18.0
18.8
19.8
National Institute on Disability, Independent
116.5
134.4
141.1
148.1
155.5
163.3
171.5
Living, and Rehabilitation Research
Training
29.4
43.5
45.7
48.0
50.3
52.9
55.5
Demonstration and Training Programs
5.8
7.5
7.9
8.3
8.7
9.1
9.6
National Council on Disability
3.5
4.1
4.3
4.5
4.8
5.0
5.3
Access Board
9.8
10.8
11.4
11.9
12.5
13.2
13.8
Protection and Advocacy of Individual Rights
19.2
22.8
23.9
25.1
26.4
27.7
29.1
Supported Employment
22.5
35.6
37.4
39.2
41.2
43.3
45.4
Independent Living – Services
(See
29.6
31.0
32.6
34.2
35.9
37.7
note)c
Independent Living – Centers
(See
101.2
106.3
111.6
117.1
123.0
129.1
note)c
Independent Living – Services to the Blind
33.3
43.1
45.2
47.5
49.8
52.3
55.0
Source: 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 passed by the House in the 117th Congress.
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.
b. The bil 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
FY2024 and succeeding years, the bil would require the amount to be appropriated to be no less than the
amount appropriated in the prior year adjusted for inflation.
c. The FY2022 omnibus bil provided a combined $118,183,000 for Independent Living Services and Centers
but did not specify the funding level for each program.

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Author Information

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

Adam K. Edgerton

Analyst in Education Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
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