Notice Requesting Public Comment on Three Proposed Reemployment-Related Performance Measures Adopted by the Unemployment Insurance (UI) Program That Will Align With the Workforce Innovation and Opportunity Act (WIOA) Requirements, 24819-24822 [2019-11104]
Download as PDF
Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 / Notices
khammond on DSKBBV9HB2PROD with NOTICES
may also be found on the internet at
https://aspe.hhs.gov/poverty-guidelines.
ETA will have the 2019 LLSIL available
on its website at https://www.doleta.gov/
llsil.
WIOA Section 3(36)(B) defines LLSIL
as ‘‘that income level (adjusted for
regional, metropolitan, urban and rural
differences and family size) determined
annually by the Secretary [of Labor]
based on the most recent lower living
family budget issued by the Secretary.’’
The most recent lower living family
budget was issued by the Secretary in
fall 1981. The four-person urban family
budget estimates, previously published
by the U.S. Bureau of Labor Statistics
(BLS), provided the basis for the
Secretary to determine the LLSIL. BLS
terminated the four-person family
budget series in 1982, after publication
of the fall 1981 estimates. Currently,
BLS provides data to ETA, which ETA
then uses to develop the LLSIL tables,
as provided in the Appendices to this
Federal Register notice.
This notice updates the LLSIL to
reflect cost of living increases for 2018,
by calculating the percentage change in
the most recent 2018 Consumer Price
Index for All Urban Consumers (CPI–U)
for an area to the 2018 CPI–U, and then
applying this calculation to each of the
May 29, 2018 LLSIL figures (published
in the Federal Register of May 29, 2018,
at Vol. 83, No.103 pp. 24495–24501) for
the 2019 LLSIL.
Microsoft Excel files are used in place
of the LLSIL tables that were published
in the Federal Register notice in
previous years. The LLSIL tables will be
available on the ETA LLSIL website at
https://www.doleta.gov/llsil.
The website contains updated figures
for a four-person family in Table 1,
listed by region for both metropolitan
and non-metropolitan areas. Incomes in
all of the tables are rounded up to the
nearest dollar. Since program eligibility
for low-income individuals,
‘‘disadvantaged adults,’’ and
‘‘disadvantaged youth’’ may be
determined by family income at 70
percent of the LLSIL, pursuant to WIOA
Section 3 (36)(A)(ii) and Section
3(36)(B), respectively, those figures are
listed as well.
I. Jurisdictions
Jurisdictions included in the various
regions, based generally on the Census
Regions of the U.S. Department of
Commerce, are as follows:
A. Northeast
Connecticut, Maine, Massachusetts,
New Hampshire, New Jersey, New York,
Pennsylvania, Rhode Island, Vermont,
and the U.S. Virgin Islands.
VerDate Sep<11>2014
17:45 May 28, 2019
Jkt 247001
B. Midwest
Illinois, Indiana, Iowa, Kansas,
Michigan, Minnesota, Missouri,
Nebraska, North Dakota, Ohio, South
Dakota, and Wisconsin.
C. South
Alabama, American Samoa, Arkansas,
Delaware, District of Columbia, Florida,
Georgia, Northern Marianas, Oklahoma,
Palau, Puerto Rico, South Carolina,
Kentucky, Louisiana, Marshall Islands,
Maryland, Micronesia, Mississippi,
North Carolina, Tennessee, Texas,
Virginia, and West Virginia.
D. West
Arizona, California, Colorado, Idaho,
Montana, Nevada, New Mexico, Oregon,
Utah, Washington, and Wyoming.
Additionally, the LLSIL Excel file
provides separate figures for Alaska,
Hawaii, and Guam.
Data for 23 selected Metropolitan
Statistical Areas (MSAs) are also
available. These are based on annual
CPI–U changes for a 12-month period
ending in December 2018. The updated
LLSIL figures for these MSAs and 70
percent of LLSIL are also available in
the LLISL Excel file.
The LLSIL Excel file also lists each of
the various figures at 70 percent of the
updated 2018 LLSIL for family sizes of
one to six persons. Please note, for
families larger than six persons, an
amount equal to the difference between
the six-person and the five-person
family income levels should be added to
the six-person family income level for
each additional person in the family.
Where the poverty level for a particular
family size is greater than the
corresponding 70 percent of the LLSIL
figure, the figure is shaded.
The LLSIL Excel file also indicates
100 percent of LLSIL for family sizes of
one to six, and is used to determine selfsufficiency as noted at Section 3
(36)(A)(ii) and Section 3 (36)(B) of
WIOA.
II. Use of These Data
Governors should designate the
appropriate LLSILs for use within the
State using the LLSIL Excel files on the
website. The governor’s designation
may be provided by disseminating
information on MSAs and metropolitan
and non-metropolitan areas within the
state or it may involve further
calculations. An area can be part of
multiple LLSIL geographies. For
example, an area in the State of New
Jersey may have four or more LLSIL
figures. All cities, towns, and counties
that are part of a metro area in New
Jersey are a part of the Northeast
metropolitan; some of these areas can
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
24819
also be a portion of the New York City
MSA. New Jersey also has areas that are
part of the Philadelphia MSA, a less
populated area in New Jersey may be a
part of the Northeast non-metropolitan.
If a workforce investment area includes
areas that would be covered by more
than one LLSIL figure, the governor may
determine which is to be used.
A state’s policies and measures for the
workforce investment system shall be
accepted by the Secretary to the extent
that they are consistent with WIOA and
WIOA regulations.
III. Disclaimer on Statistical Uses
It should be noted that publication of
these figures is only for the purpose of
meeting the requirements specified by
WIOA as defined in the law and
regulations. BLS has not revised the
lower living family budget since 1981,
and has no plans to do so. The fourperson urban family budget estimates
series has been terminated. The CPI–U
adjustments used to update LLSIL for
this publication are not precisely
comparable, most notably because
certain tax items were included in the
1981 LLSIL, but are not in the CPI–U.
Thus, these figures should not be used
for any statistical purposes, and are
valid only for those purposes under
WIOA as defined in the law and
regulations.
Molly E. Conway,
Acting Assistant Secretary.
[FR Doc. 2019–11102 Filed 5–28–19; 8:45 am]
BILLING CODE 4510–FT–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Notice Requesting Public Comment on
Three Proposed ReemploymentRelated Performance Measures
Adopted by the Unemployment
Insurance (UI) Program That Will Align
With the Workforce Innovation and
Opportunity Act (WIOA) Requirements
Office of Unemployment
Insurance (OUI), Employment and
Training Administration (ETA),
Department of Labor (DOL).
ACTION: Request for public comment.
AGENCY:
The Department of Labor
(Department) is seeking public comment
on the following proposed performance
measures:
D Reemployment Rate for all UI
Eligible Individuals after the 2nd
Quarter of Program Exit (a Core
Measure);
SUMMARY:
E:\FR\FM\29MYN1.SGM
29MYN1
24820
Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 / Notices
khammond on DSKBBV9HB2PROD with NOTICES
D Reemployment Rate after the 2nd
Quarter of Program Exit for
Reemployment Service and Eligibility
Assessment (RESEA) Program
participants (a Program Performance
Measure); and
D Median Wage in the 2nd Quarter
after Program Exit for RESEA Program
Participants (a Program Performance
Measure).
These measures are designed to align
with the common performance
measures for other workforce programs
authorized by WIOA and will assist
ETA in overseeing states’ performance
related to reemployment of UI
claimants.
This notice also informs states of the
Department’s discontinuance of the UI
Facilitate Reemployment Core Measure.
DATES: Submit written comments to the
office listed in the addresses section
below on or before June 28, 2019.
ADDRESSES: Questions or comments in
response to this notice can be submitted
electronically to cowie.rhonda.m@
dol.gov or via postal mail, commercial
delivery, or hand delivery.
FOR FURTHER INFORMATION CONTACT: Ms.
Rhonda Cowie, Office of Unemployment
Insurance, Room S–4524, Employment
and Training Administration, U.S.
Department of Labor, 200 Constitution
Avenue NW, Washington, DC 20210 at
202 693–3821 (this is not a toll-free
number), TTY 1–877–889–5627 (this is
not a toll-free number). Due to securityrelated concerns, there may be a
significant delay in the receipt of
submissions by United States mail. You
must take this possible delay into
consideration when preparing to meet
the deadline for submitting comments.
The Department will respond to
comments directly as necessary. The
Department recommends that comments
not include personal information such
as social security number, personal
address, telephone number, email
address, or confidential business
information in the event comments are
publically published. It is the
responsibility of the commenter to
determine what is personal or
confidential business information.
SUPPLEMENTARY INFORMATION:
Background
Historically, it has been a goal of the
UI system, the Wagner-Peyser
Employment Service, and other
workforce programs, to support
reemployment of UI claimants as
quickly as possible. Doing so helps the
claimant quickly reestablish earning
power and also saves state UI trust
funds from paying more benefits than
necessary. The relatively recent
VerDate Sep<11>2014
17:45 May 28, 2019
Jkt 247001
enactments of both the Workforce
Innovation and Opportunity Act of 2014
(Pub. L. 113–128) and the Bi-Partisan
Budget Act of 2018 (Pub. L. 115–123),
which permanently authorized the
RESEA program, reinforce this goal. In
addition, WIOA provides for the
common performance outcomes for
public workforce programs broadly.
The proposed performance measures
for the overall UI program and for the
RESEA program provide standardized
metrics that align with the WIOA
common performance measures and
enable state workforce agencies to assess
their efforts to secure positive
employment outcomes for UI claimants.
I. WIOA and Reemployment of UI
Claimants
WIOA was signed into law on July 22,
2014, and is designed to help job
seekers access employment, education,
training, and support services to
succeed in the labor market and match
employers with the skilled workers they
need to compete in the global economy.
Section 116 of WIOA requires states that
operate core programs of the publiclyfunded workforce system to comply
with common performance
accountability requirements. The vision
of WIOA is that all workforce programs
will adopt these measures as
appropriate. The UI program is a
mandatory partner in the publiclyfunded workforce system and, as such,
it is logical and appropriate for both the
regular UI program and the RESEA
program to adopt and align performance
measures related to reemployment of UI
claimants with the WIOA measures.
Under WIOA, states are required to
submit common performance data to
demonstrate that specified performance
levels are achieved. States currently
collect and report the data needed for
calculating these proposed measures
through the Workforce Integrated
Performance System (WIPS). WIPS is an
electronic performance reporting system
for the Department’s employment and
training grants. Since September 30,
2016, states have been submitting
individual record data through WIPS as
part of the state quarterly and annual
performance reporting process using the
Participant Individual Record Layout
(PIRL) (ETA 9172). The PIRL provides a
standardized set of data elements,
definitions, and reporting instructions
used to describe the characteristics,
activities, and outcomes of WIOA
participants.
The WIOA performance indicators
(performance measures) incorporate a
statistical adjustment model, developed
by the Department to establish
performance year targets. The model is
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
based on the actual economic
conditions and characteristics of WIOA
participants and is updated and refined
with ongoing use and application as
WIOA outcome data become available.
ETA intends to use this previously
established statistical adjustment model
to establish performance year targets for
the proposed Core Measure.
II. Reemployment Service and
Eligibility Assessment Program
(RESEA)
The RESEA program was permanently
authorized by the Bipartisan Budget Act
of 2018, adding a new Section 306 to the
Social Security Act. One of the key goals
of the RESEA program is to improve
employment outcomes of individuals
that receive unemployment
compensation and to reduce average
duration of receipt of such
compensation through reemployment. A
second key goal is to promote alignment
with the WIOA vision of increased
program integration and service
delivery. Using the WIOA common
measures to evaluate the states’ RESEA
program will effectively promote both of
these goals.
To promote greater integration of the
RESEA program into the workforce
system through the alignment with the
WIOA common measures and to
support calculation of the measures,
ETA requires that RESEA participants
be co-enrolled in Wagner-Peyser-funded
Employment Services as part of the
initial RESEA session. This coenrollment requirement was
implemented in Fiscal Year 2017. As
part of this enrollment, RESEA
participants must be appropriately
documented in Wagner-Peyser case
management and performance reporting
systems. The co-enrollment requirement
enables implementation of the proposed
Program Performance Measures to be
done without any new reporting burden
for states.
III. Discontinuance of the UI Facilitate
Reemployment Measure for All UI
Claimants
Effective October 1, 2019, ETA is
discontinuing the UI Facilitate
Reemployment Core Measure and the
requirement that states quarterly submit
to ETA the ETA 9047 (Reemployment of
UI Benefits Recipients) report. The ETA
9047 report collects data based on the
prior Workforce Innovation Act (WIA)
requirement that reemployment be
measured in the quarter after a claimant
began receiving UI benefits. The sole
explanatory variable used in the
statistical adjustment model for this
measure was the Total Unemployment
Rate and, during a declining economy,
E:\FR\FM\29MYN1.SGM
29MYN1
UI programs will use the same data
source and method of assessment.
This proposed Core Measure captures
the percentage of UI eligible individuals
who are in unsubsidized employment
during the second quarter after this
same group exits from the WIOA
program.
Methodology: This proposed Core
Measure calculates the number of UI
eligible individuals who exited during
the reporting quarter who are found to
be employed, either through direct UI
wage record match, Federal or military
employment records, or supplemental
wage information, in the second quarter
after the exit quarter DIVIDED by the
total number of UI eligible participants
who exited during the reporting period,
and expressed as a percentage. This is
reflected in the following equation:
B. Reemployment Rate After the 2nd
Quarter of Program Exit for RESEA
Program Participants
employment during the second quarter
after this same group exits from the
WIOA program.
Methodology: This proposed measure
calculates the number of RESEA
participants who exited during the
reporting quarter who are found to be
employed, either through direct UI wage
record match, Federal or military
employment records, or supplemental
wage information, in the second quarter
after the exit quarter DIVIDED by the
total number of RESEA participants who
exited during the reporting period, and
expressed as a percentage. This is
reflected in the following equation:
wages recorded in PIRL element 1704
are sorted from lowest to highest. If an
odd number of unique records have
been reported, the mid-point value is
defined as the value of the (n+1)/2
record where n is the total unique
records with 2nd quarter after exit
wages. Thus if 99 wage records are
reported in the 2nd quarter after exit,
the midpoint is the 50th record in the
array [(99 + 1) / 2 = 50]. If an even
number of unique records has been
reported, then the mid-point is the
arithmetic mean of the two midmost
wage values. Therefore, if 100 wage
records are in the 2nd quarter after exit,
the mid-point is (100 + 1)/2 = 50.5 and
the median is the mean of the two
midmost values is defined as the value
of the sum of the 50th and 51st record
divided by 2.
These proposed measures support the
role of the UI program, including
RESEA, as a one-stop partner in
American Job Centers by recognizing
and measuring the UI programs’
effectiveness in contributing to the
reemployment of UI claimants;
C. Median Earnings in 2nd Quarter
After Exit Quarter for RESEA
Participants
This proposed Program Performance
Measure captures the wage amount that
is at the midpoint of all the wages (PIRL
element 1704) between the highest and
lowest wage earned in the second
quarter after exit for all RESEA
participants who exited a core program.
Wages are currently reported as a data
element in the PIRL.
Methodology: To determine the
midpoint, the 2nd quarter after exit
VerDate Sep<11>2014
17:45 May 28, 2019
Jkt 247001
IV. Proposed Core Measure and
Program Performance Measures
To support reemployment goals for UI
claimants and the vision of WIOA for
common performance measurement
across workforce programs, ETA
proposes the following measures to
assess UI program performance in the
reemployment of claimants:
A. Reemployment Rate for All UI
Eligible Individuals After the 2nd
Quarter of Program Exit
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
E:\FR\FM\29MYN1.SGM
29MYN1
EN29MY19.006
it was an effective indicator for
reemployment. However, as the
economy improved, this indicator
became less effective leading to the
measure failing to adequately capture
state performance. Additionally, based
on its WIA format, this measure was not
aligned with WIOA standards. The
proposed Reemployment Rate Core
Measure for all UI eligible individuals
and the proposed Reemployment Rate
Program Performance Measure for
RESEA program participants align with
WIOA standards, and are more effective
measures of UI claimants’
reemployment. Implementation of these
proposed measures will streamline state
reporting since both the Workforce and
This proposed Program Performance
Measure captures the percentage of
RESEA participants (a sub-set of UI
participants) who are in unsubsidized
khammond on DSKBBV9HB2PROD with NOTICES
24821
EN29MY19.005
Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 / Notices
24822
Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 / Notices
promoting greater program integration
through common metrics across
programs; and increasing alignment
with the broader vision of WIOA.
khammond on DSKBBV9HB2PROD with NOTICES
V. Application of the WIOA Statistical
Adjustment Model To Establish Targets
Targets for the proposed
Reemployment Rate for All Eligible
Individuals after the 2nd Quarter of
Program Exit Core Measure will be
based on the performance targets
established for Wagner-Peyser program
participants in the WIOA Performance
Negotiation Tool. This tool is intended
to facilitate the process for setting
performance targets, which are based on
the Statistical Adjustment Model. The
Statistical Adjustment Model is required
by Sec. 116(b)(3)(viii), of WIOA, and
established by the Department as an
objective statistical regression model to
be used to make adjustments to the state
negotiated levels of performance for
actual economic conditions and the
characteristics of participants served at
the end of the program year. It also is
a key factor to be used in arriving at
mutual agreement on state negotiated
levels of performance. State-level actual
performance outcomes are a function of
(a) the characteristics of the participants
being served, and (b) the labor market
conditions in which those participants
are being served. WIOA specifically
requires that both of these factors be
accounted for, and the use of a
statistical model enables accounting for
variations as a result of both factors
when negotiating performance targets.
More detailed information is available
for both the WIOA Performance
Negotiation Tool and the Statistical
Adjustment Model at the Department
website: https://www.doleta.gov/
performance/guidance/negotiating.cfm.
Note: No performance targets will be set for
the first performance period following
implementation of the proposed
Reemployment Rate for all UI eligible
individuals after the 2nd Quarter of Program
Exit Core Measure. State baseline data
collected in the first performance period will
inform performance targets in subsequent
performance periods based on the WagnerPeyser targets as established in the WIOA
Performance Negotiation Tool. The Statistical
Adjustment Model does not apply to the
Reemployment Rate after the 2nd Quarter of
Program Exit for RESEA Program Participants
and Median Wage in the 2nd Quarter after
Program Exit for RESEA Program Participants
Program Performance Measures, and no
performance targets will be established for
these two measures.
VI. Data Source
As noted above, the data to support
the proposed performance measures
will come from the PIRL (ETA 9172).
VerDate Sep<11>2014
17:45 May 28, 2019
Jkt 247001
The PIRL framework allows states to
organize data in a standardized format
within WIPS using the various elements
or data points. The following PIRL
elements are used in the calculation of
the measures described in Section IV
above:
D Date of Program Exit—The quarter
in which 90 days has passed and a
WIOA participant has not received staff
assisted services and is exited from the
program (Data Element 901).
D UI Eligible Status—A WIOA
participant who meets Unemployment
Compensation (UC) Eligible Status
Criteria by receiving or exhausting UI
benefits (also called a UI Eligible
Participant) (Data Element 401).
D RESEA Participants—Meets UC
Eligible Status Criteria (Data Element
401=1, RESEA).
D Employed In 2nd Quarter after Exit
Quarter (Data Element 1602).
D Other Reasons for Exit Criteria (Data
Element 923).
D Wages in 2nd Quarter After the
WIOA program Exit Quarter (Data
Element 1704).
Additional information on the above
PIRL elements can be found at the link
below: https://www.doleta.gov/
performance/pfdocs/ETA_9172_DOL_
PIRL_062816.pdf.
There is no additional reporting
burden to states as a result of
implementing these measures since ETA
will use data that is currently collected
and reported via the PIRL (ETA 9172).
VII. Performance Period
The performance period for these
measures is the one-year period ending
March 31 of the performance year.
VIII. Data Collection Costs
Because these proposed measures use
data currently collected through the
ETA 9172 report (OMB Control #1205–
0521—Workforce Innovation and
Opportunity Act Performance
Accountability, Information, and
Reporting System), there will be no data
collection start-up costs or any costs in
addition to the current reporting
requirements associated with the ETA
9172 report.
Signed in Washington, DC.
Molly Conway,
Deputy Assistant Secretary for Employment
and Training.
[FR Doc. 2019–11104 Filed 5–28–19; 8:45 am]
BILLING CODE 4510–FW–P
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
DEPARTMENT OF LABOR
Employment and Training
Administration
Agency Information Collection
Activities; Comment Request;
Occupational Code Assignment
ACTION:
Notice.
The Department of Labor’s
(DOL) Employment and Training
Administration (ETA) is soliciting
comments concerning a proposed
extension for the authority to conduct
the information collection request (ICR)
titled, ‘‘Occupational Code
Assignment.’’ This comment request is
part of continuing Departmental efforts
to reduce paperwork and respondent
burden in accordance with the
Paperwork Reduction Act of 1995
(PRA).
SUMMARY:
Consideration will be given to all
written comments received by July 29,
2019.
ADDRESSES: A copy of this ICR with
applicable supporting documentation;
including a description of the likely
respondents, proposed frequency of
response, and estimated total burden
may be obtained free by contacting
Lauren Fairley by telephone at (202)
693–3731 (this is not a toll-free
number), TTY/TDD 1–877–889–5627
(this is not a toll-free number), or by
email at fairley.lauren@dol.gov or by
accessing: https://www.onetcenter.org/
ombclearance.html.
Submit written comments about, or
requests for a copy of, this ICR by mail
or courier to the U.S. Department of
Labor, Employment and Training
Administration—Division of National
Programs Tools and Technical
Assistance, 200 Constitution Avenue
NW, C4526, Washington, DC 20210, by
email: fairley.lauren@dol.gov or by Fax
(202) 693–3015.
FOR FURTHER INFORMATION CONTACT:
Lauren Fairley by telephone at (202)
693–3015 (this is not a toll-free number)
or by email at fairley.lauren@dol.gov.
SUPPLEMENTARY INFORMATION: The DOL,
as part of continuing efforts to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies an opportunity to
comment on proposed and/or
continuing collections of information
before submitting them to the OMB for
final approval. This program helps to
ensure requested data can be provided
in the desired format, reporting burden
(time and financial resources) is
minimized, collection instruments are
DATES:
E:\FR\FM\29MYN1.SGM
29MYN1
Agencies
[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Notices]
[Pages 24819-24822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11104]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Notice Requesting Public Comment on Three Proposed Reemployment-
Related Performance Measures Adopted by the Unemployment Insurance (UI)
Program That Will Align With the Workforce Innovation and Opportunity
Act (WIOA) Requirements
AGENCY: Office of Unemployment Insurance (OUI), Employment and Training
Administration (ETA), Department of Labor (DOL).
ACTION: Request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (Department) is seeking public comment
on the following proposed performance measures:
[ssquf] Reemployment Rate for all UI Eligible Individuals after the
2nd Quarter of Program Exit (a Core Measure);
[[Page 24820]]
[ssquf] Reemployment Rate after the 2nd Quarter of Program Exit for
Reemployment Service and Eligibility Assessment (RESEA) Program
participants (a Program Performance Measure); and
[ssquf] Median Wage in the 2nd Quarter after Program Exit for RESEA
Program Participants (a Program Performance Measure).
These measures are designed to align with the common performance
measures for other workforce programs authorized by WIOA and will
assist ETA in overseeing states' performance related to reemployment of
UI claimants.
This notice also informs states of the Department's discontinuance
of the UI Facilitate Reemployment Core Measure.
DATES: Submit written comments to the office listed in the addresses
section below on or before June 28, 2019.
ADDRESSES: Questions or comments in response to this notice can be
submitted electronically to [email protected] or via postal mail,
commercial delivery, or hand delivery.
FOR FURTHER INFORMATION CONTACT: Ms. Rhonda Cowie, Office of
Unemployment Insurance, Room S-4524, Employment and Training
Administration, U.S. Department of Labor, 200 Constitution Avenue NW,
Washington, DC 20210 at 202 693-3821 (this is not a toll-free number),
TTY 1-877-889-5627 (this is not a toll-free number). Due to security-
related concerns, there may be a significant delay in the receipt of
submissions by United States mail. You must take this possible delay
into consideration when preparing to meet the deadline for submitting
comments. The Department will respond to comments directly as
necessary. The Department recommends that comments not include personal
information such as social security number, personal address, telephone
number, email address, or confidential business information in the
event comments are publically published. It is the responsibility of
the commenter to determine what is personal or confidential business
information.
SUPPLEMENTARY INFORMATION:
Background
Historically, it has been a goal of the UI system, the Wagner-
Peyser Employment Service, and other workforce programs, to support
reemployment of UI claimants as quickly as possible. Doing so helps the
claimant quickly reestablish earning power and also saves state UI
trust funds from paying more benefits than necessary. The relatively
recent enactments of both the Workforce Innovation and Opportunity Act
of 2014 (Pub. L. 113-128) and the Bi-Partisan Budget Act of 2018 (Pub.
L. 115-123), which permanently authorized the RESEA program, reinforce
this goal. In addition, WIOA provides for the common performance
outcomes for public workforce programs broadly.
The proposed performance measures for the overall UI program and
for the RESEA program provide standardized metrics that align with the
WIOA common performance measures and enable state workforce agencies to
assess their efforts to secure positive employment outcomes for UI
claimants.
I. WIOA and Reemployment of UI Claimants
WIOA was signed into law on July 22, 2014, and is designed to help
job seekers access employment, education, training, and support
services to succeed in the labor market and match employers with the
skilled workers they need to compete in the global economy. Section 116
of WIOA requires states that operate core programs of the publicly-
funded workforce system to comply with common performance
accountability requirements. The vision of WIOA is that all workforce
programs will adopt these measures as appropriate. The UI program is a
mandatory partner in the publicly-funded workforce system and, as such,
it is logical and appropriate for both the regular UI program and the
RESEA program to adopt and align performance measures related to
reemployment of UI claimants with the WIOA measures.
Under WIOA, states are required to submit common performance data
to demonstrate that specified performance levels are achieved. States
currently collect and report the data needed for calculating these
proposed measures through the Workforce Integrated Performance System
(WIPS). WIPS is an electronic performance reporting system for the
Department's employment and training grants. Since September 30, 2016,
states have been submitting individual record data through WIPS as part
of the state quarterly and annual performance reporting process using
the Participant Individual Record Layout (PIRL) (ETA 9172). The PIRL
provides a standardized set of data elements, definitions, and
reporting instructions used to describe the characteristics,
activities, and outcomes of WIOA participants.
The WIOA performance indicators (performance measures) incorporate
a statistical adjustment model, developed by the Department to
establish performance year targets. The model is based on the actual
economic conditions and characteristics of WIOA participants and is
updated and refined with ongoing use and application as WIOA outcome
data become available. ETA intends to use this previously established
statistical adjustment model to establish performance year targets for
the proposed Core Measure.
II. Reemployment Service and Eligibility Assessment Program (RESEA)
The RESEA program was permanently authorized by the Bipartisan
Budget Act of 2018, adding a new Section 306 to the Social Security
Act. One of the key goals of the RESEA program is to improve employment
outcomes of individuals that receive unemployment compensation and to
reduce average duration of receipt of such compensation through
reemployment. A second key goal is to promote alignment with the WIOA
vision of increased program integration and service delivery. Using the
WIOA common measures to evaluate the states' RESEA program will
effectively promote both of these goals.
To promote greater integration of the RESEA program into the
workforce system through the alignment with the WIOA common measures
and to support calculation of the measures, ETA requires that RESEA
participants be co-enrolled in Wagner-Peyser-funded Employment Services
as part of the initial RESEA session. This co-enrollment requirement
was implemented in Fiscal Year 2017. As part of this enrollment, RESEA
participants must be appropriately documented in Wagner-Peyser case
management and performance reporting systems. The co-enrollment
requirement enables implementation of the proposed Program Performance
Measures to be done without any new reporting burden for states.
III. Discontinuance of the UI Facilitate Reemployment Measure for All
UI Claimants
Effective October 1, 2019, ETA is discontinuing the UI Facilitate
Reemployment Core Measure and the requirement that states quarterly
submit to ETA the ETA 9047 (Reemployment of UI Benefits Recipients)
report. The ETA 9047 report collects data based on the prior Workforce
Innovation Act (WIA) requirement that reemployment be measured in the
quarter after a claimant began receiving UI benefits. The sole
explanatory variable used in the statistical adjustment model for this
measure was the Total Unemployment Rate and, during a declining
economy,
[[Page 24821]]
it was an effective indicator for reemployment. However, as the economy
improved, this indicator became less effective leading to the measure
failing to adequately capture state performance. Additionally, based on
its WIA format, this measure was not aligned with WIOA standards. The
proposed Reemployment Rate Core Measure for all UI eligible individuals
and the proposed Reemployment Rate Program Performance Measure for
RESEA program participants align with WIOA standards, and are more
effective measures of UI claimants' reemployment. Implementation of
these proposed measures will streamline state reporting since both the
Workforce and UI programs will use the same data source and method of
assessment.
IV. Proposed Core Measure and Program Performance Measures
To support reemployment goals for UI claimants and the vision of
WIOA for common performance measurement across workforce programs, ETA
proposes the following measures to assess UI program performance in the
reemployment of claimants:
A. Reemployment Rate for All UI Eligible Individuals After the 2nd
Quarter of Program Exit
This proposed Core Measure captures the percentage of UI eligible
individuals who are in unsubsidized employment during the second
quarter after this same group exits from the WIOA program.
Methodology: This proposed Core Measure calculates the number of UI
eligible individuals who exited during the reporting quarter who are
found to be employed, either through direct UI wage record match,
Federal or military employment records, or supplemental wage
information, in the second quarter after the exit quarter DIVIDED by
the total number of UI eligible participants who exited during the
reporting period, and expressed as a percentage. This is reflected in
the following equation:
[GRAPHIC] [TIFF OMITTED] TN29MY19.005
B. Reemployment Rate After the 2nd Quarter of Program Exit for RESEA
Program Participants
This proposed Program Performance Measure captures the percentage
of RESEA participants (a sub-set of UI participants) who are in
unsubsidized employment during the second quarter after this same group
exits from the WIOA program.
Methodology: This proposed measure calculates the number of RESEA
participants who exited during the reporting quarter who are found to
be employed, either through direct UI wage record match, Federal or
military employment records, or supplemental wage information, in the
second quarter after the exit quarter DIVIDED by the total number of
RESEA participants who exited during the reporting period, and
expressed as a percentage. This is reflected in the following equation:
[GRAPHIC] [TIFF OMITTED] TN29MY19.006
C. Median Earnings in 2nd Quarter After Exit Quarter for RESEA
Participants
This proposed Program Performance Measure captures the wage amount
that is at the midpoint of all the wages (PIRL element 1704) between
the highest and lowest wage earned in the second quarter after exit for
all RESEA participants who exited a core program. Wages are currently
reported as a data element in the PIRL.
Methodology: To determine the midpoint, the 2nd quarter after exit
wages recorded in PIRL element 1704 are sorted from lowest to highest.
If an odd number of unique records have been reported, the mid-point
value is defined as the value of the (n+1)/2 record where n is the
total unique records with 2nd quarter after exit wages. Thus if 99 wage
records are reported in the 2nd quarter after exit, the midpoint is the
50th record in the array [(99 + 1) / 2 = 50]. If an even number of
unique records has been reported, then the mid-point is the arithmetic
mean of the two midmost wage values. Therefore, if 100 wage records are
in the 2nd quarter after exit, the mid-point is (100 + 1)/2 = 50.5 and
the median is the mean of the two midmost values is defined as the
value of the sum of the 50th and 51st record divided by 2.
These proposed measures support the role of the UI program,
including RESEA, as a one-stop partner in American Job Centers by
recognizing and measuring the UI programs' effectiveness in
contributing to the reemployment of UI claimants;
[[Page 24822]]
promoting greater program integration through common metrics across
programs; and increasing alignment with the broader vision of WIOA.
V. Application of the WIOA Statistical Adjustment Model To Establish
Targets
Targets for the proposed Reemployment Rate for All Eligible
Individuals after the 2nd Quarter of Program Exit Core Measure will be
based on the performance targets established for Wagner-Peyser program
participants in the WIOA Performance Negotiation Tool. This tool is
intended to facilitate the process for setting performance targets,
which are based on the Statistical Adjustment Model. The Statistical
Adjustment Model is required by Sec. 116(b)(3)(viii), of WIOA, and
established by the Department as an objective statistical regression
model to be used to make adjustments to the state negotiated levels of
performance for actual economic conditions and the characteristics of
participants served at the end of the program year. It also is a key
factor to be used in arriving at mutual agreement on state negotiated
levels of performance. State-level actual performance outcomes are a
function of (a) the characteristics of the participants being served,
and (b) the labor market conditions in which those participants are
being served. WIOA specifically requires that both of these factors be
accounted for, and the use of a statistical model enables accounting
for variations as a result of both factors when negotiating performance
targets.
More detailed information is available for both the WIOA
Performance Negotiation Tool and the Statistical Adjustment Model at
the Department website: https://www.doleta.gov/performance/guidance/negotiating.cfm.
Note: No performance targets will be set for the first
performance period following implementation of the proposed
Reemployment Rate for all UI eligible individuals after the 2nd
Quarter of Program Exit Core Measure. State baseline data collected
in the first performance period will inform performance targets in
subsequent performance periods based on the Wagner-Peyser targets as
established in the WIOA Performance Negotiation Tool. The
Statistical Adjustment Model does not apply to the Reemployment Rate
after the 2nd Quarter of Program Exit for RESEA Program Participants
and Median Wage in the 2nd Quarter after Program Exit for RESEA
Program Participants Program Performance Measures, and no
performance targets will be established for these two measures.
VI. Data Source
As noted above, the data to support the proposed performance
measures will come from the PIRL (ETA 9172). The PIRL framework allows
states to organize data in a standardized format within WIPS using the
various elements or data points. The following PIRL elements are used
in the calculation of the measures described in Section IV above:
[ssquf] Date of Program Exit--The quarter in which 90 days has
passed and a WIOA participant has not received staff assisted services
and is exited from the program (Data Element 901).
[ssquf] UI Eligible Status--A WIOA participant who meets
Unemployment Compensation (UC) Eligible Status Criteria by receiving or
exhausting UI benefits (also called a UI Eligible Participant) (Data
Element 401).
[ssquf] RESEA Participants--Meets UC Eligible Status Criteria (Data
Element 401=1, RESEA).
[ssquf] Employed In 2nd Quarter after Exit Quarter (Data Element
1602).
[ssquf] Other Reasons for Exit Criteria (Data Element 923).
[ssquf] Wages in 2nd Quarter After the WIOA program Exit Quarter
(Data Element 1704).
Additional information on the above PIRL elements can be found at
the link below: https://www.doleta.gov/performance/pfdocs/ETA_9172_DOL_PIRL_062816.pdf.
There is no additional reporting burden to states as a result of
implementing these measures since ETA will use data that is currently
collected and reported via the PIRL (ETA 9172).
VII. Performance Period
The performance period for these measures is the one-year period
ending March 31 of the performance year.
VIII. Data Collection Costs
Because these proposed measures use data currently collected
through the ETA 9172 report (OMB Control #1205-0521--Workforce
Innovation and Opportunity Act Performance Accountability, Information,
and Reporting System), there will be no data collection start-up costs
or any costs in addition to the current reporting requirements
associated with the ETA 9172 report.
Signed in Washington, DC.
Molly Conway,
Deputy Assistant Secretary for Employment and Training.
[FR Doc. 2019-11104 Filed 5-28-19; 8:45 am]
BILLING CODE 4510-FW-P