Procurement Roles and Responsibilities for Job Corps Contracts, 45403-45406 [2019-18497]
Download as PDF
<![CDATA[
45403
Rules and Regulations
Federal Register
Vol. 84, No. 168
Thursday, August 29, 2019
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
6. In § 229.12:
a. Remove ‘‘$400’’ and add in its place
‘‘$450’’ and remove ‘‘$100’’ and add in
its place ‘‘$225’’ in paragraph (d); and
■ 2. On page 31697, in the first column,
remove amendatory instruction 7.
■
■
§ 229.13
[Amended]
FEDERAL RESERVE SYSTEM
3. On page 31697, in the first column,
add amendatory instruction 7a to read
as follows:
12 CFR Part 229
§ 229.13
[Docket No. R–1637]
■
■
RIN 7100–AF28
Availability of Funds and Collection of
Checks (Regulation CC)
Board of Governors of the
Federal Reserve System (Board).
ACTION: Final rule; correction.
AGENCY:
khammond on DSKBBV9HB2PROD with RULES
Correction
In final rule FR Doc. 2019–13668
published in the Federal Register on
July 3, 2019 (84 FR 31687), beginning on
page 31696, make the following
corrections:
[Corrected]
1. On page 31696, in the third column,
correct amendatory instruction 6.a. to
read as follows:
■
VerDate Sep<11>2014
15:42 Aug 28, 2019
Jkt 247001
§ 229.21
[Corrected]
4. On page 31697, in the first column,
add amendatory instruction 7b to read
as follows:
■
§ 229.21
The Board published a final
rule in the Federal Register on July 3,
2019 amending Regulation CC, which
implements the Expedited Funds
Availability Act (EFA Act), to
implement a statutory requirement in
the EFA Act to adjust the dollar
amounts under the EFA Act for
inflation, incorporate the Economic
Growth, Regulatory Relief, and
Consumer Protection Act and made
certain other technical amendments.
This document corrects errors in
amendatory instructions affecting the
Board’s rules.
DATES: Effective July 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Gavin Smith, Senior Counsel, (202)
452–3473, Legal Division, Board of
Governors of the Federal Reserve
System, 20th and C Streets NW,
Washington, DC 20551.
SUPPLEMENTARY INFORMATION: This
document corrects errors in amendatory
instructions in a final rule published on
July 3, 2019, affecting 12 CFR 229.12,
229.13 and 229.21 of the Board’s rules.
SUMMARY:
§ 229.12
[Amended]
7a. In § 229.13, remove ‘‘$5,000’’ and
add in its place ‘‘$5,525’’ in paragraphs
(a)(1)(ii), (b), and (d)(2).
[Amended]
7b. In § 229.21, remove ‘‘$1,000’’ and
add in its place ‘‘$1,100’’ and remove
‘‘$500,000’’ and add in its place
‘‘$552,500.’’
■
Board of Governors of the Federal Reserve
System, August 22, 2019.
Ann E. Misback,
Secretary of the Board.
[FR Doc. 2019–18658 Filed 8–28–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF LABOR
Employment and Training
Administration
20 CFR Part 686
[DOL Docket No. ETA–2019–0006]
RIN 1205–AB96
Procurement Roles and
Responsibilities for Job Corps
Contracts
Employment and Training
Administration, Labor.
ACTION: Direct final rule; request for
comment.
AGENCY:
In this direct final rule (DFR),
the Department of Labor (Department)
makes two procedural changes to its
Workforce Innovation and Opportunity
Act (WIOA) Job Corps regulations to
enable the Secretary to delegate
procurement authority as it relates to
the development and issuance of
requests for proposals for the operation
SUMMARY:
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
of Job Corps centers, outreach and
admissions, career transitional services,
and other operational support services.
The Department is taking this
procedural action to align regulatory
provisions with the relevant WIOA
statutory language and to provide
greater flexibility for internal operations
and management of the Job Corps
program.
DATES: This DFR will become effective
on October 28, 2019 unless significant
adverse comment is submitted
(transmitted, postmarked, or delivered)
by September 30, 2019. If DOL receives
significant adverse comment, the
Agency will publish a timely
withdrawal in the Federal Register
informing the public that this DFR will
not take effect (see Section III, Direct
Final Rulemaking,’’ for more details on
this process). Comments to this DFR and
other information must be submitted
(transmitted, postmarked, or delivered)
by September 30, 2019. All submissions
must bear a postmark or provide other
evidence of the submission date.
ADDRESSES: You may submit comments,
identified by Regulatory Information
Number (RIN) 1205–AB96, by one of the
following methods:
Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
website instructions for submitting
comments.
Mail and Hand Delivery/Courier:
Written comments, disk, and CD–ROM
submissions may be mailed to Heidi
Casta, Deputy Administrator, Office of
Policy Development and Research, U.S.
Department of Labor, 200 Constitution
Avenue NW, Room N–5641,
Washington, DC 20210.
Instructions: Label all submissions
with ‘‘RIN 1205–AB96.’’
Please submit your comments by only
one method. Please be advised that the
Department will post all comments
received that relate to this DFR on
https://www.regulations.gov without
making any change to the comments or
redacting any information. The https://
www.regulations.gov website is the
Federal e-rulemaking portal, and all
comments posted there are available
and accessible to the public. Therefore,
the Department recommends that
commenters remove personal
information such as Social Security
Numbers, personal addresses, telephone
numbers, and email addresses included
in their comments, as such information
E:\FR\FM\29AUR1.SGM
29AUR1
45404
Federal Register / Vol. 84, No. 168 / Thursday, August 29, 2019 / Rules and Regulations
may become easily available to the
public via the https://
www.regulations.gov website. It is the
responsibility of the commenter to
safeguard personal information.
Also, please note that, due to security
concerns, postal mail delivery in
Washington, DC may be delayed.
Therefore, the Department encourages
the public to submit comments on
https://www.regulations.gov.
Docket: All comments on this DFR
will be available on the https://
www.regulations.gov website, and can
be found using RIN 1205–AB96. The
Department also will make all the
comments it receives available for
public inspection by appointment
during normal business hours at the
above address. If you need assistance to
review the comments, the Department
will provide appropriate aids, such as
readers or print magnifiers. The
Department will make copies of this
DFR available, upon request, in large
print and electronic file on computer
disk. To schedule an appointment to
review the comments and/or obtain the
DFR in an alternative format, contact the
Office of Policy Development and
Research at (202) 693–3700 (this is not
a toll-free number). You may also
contact this office at the address listed
below.
FOR FURTHER INFORMATION CONTACT:
Heidi Casta, Deputy Administrator,
Office of Policy Development and
Research, U.S. Department of Labor, 200
Constitution Avenue NW, Room N–
5641, Washington, DC 20210; telephone
(202) 693–3700 (this is not a toll-free
number).
Individuals with hearing or speech
impairments may access the telephone
number above via TTY by calling the
toll-free Federal Information Relay
Service at 1–800–877–8339.
SUPPLEMENTARY INFORMATION:
khammond on DSKBBV9HB2PROD with RULES
I. Background
The Department is amending two
provisions of 20 CFR part 686, which
implements subtitle C of title I of WIOA.
Through these amendments, the
Department is aligning these regulatory
provisions with the language in WIOA
by broadening the authority to issue
contract solicitations from the
Employment and Training
Administration (ETA) to the Secretary of
Labor. The Department is making this
procedural change to the WIOA
regulation to provide greater flexibility
in the management and operation of the
Job Corps program by allowing the
Secretary of Labor to designate the
component of the Department that is
authorized to issue requests for
VerDate Sep<11>2014
15:42 Aug 28, 2019
Jkt 247001
proposals (RFPs) for the operation of Job
Corps centers, outreach and admissions,
career transitional services, and other
operational support services. This
change will provide the Department
with the flexibility to more efficiently
manage the Job Corps procurement
process, which will in turn allow greater
economies of scale and operational
efficiencies. This rule is consistent with
the President’s Management Agenda
Cross-Agency Priority (CAP) Goal
Number 5—Sharing Quality Services.
The Department is implementing this
CAP, in part, via the Department’s
Enterprise-Wide Shared Services
Initiatives whose primary goals are as
follows:
1. Improve human resources
efficiency, effectiveness, and
accountability;
2. Provide modern technology
solutions that empower the DOL
mission and serve the American public
through collaboration and innovation;
3. Maximize DOL’s federal buying
power through effective procurement
management; and
4. Safeguard fiscal integrity, and
promote the effective and efficient use
of resources.
This rule will assist the Department’s
implementation of its Enterprise-Wide
Shared Services Initiative.
This rule is not an Executive Order
13771 regulatory action because this
rule is not significant under Executive
Order 12866.
II. Consideration of Comments
ETA will consider comment on issues
related to this action. If ETA receives no
significant adverse comments, ETA will
publish a Federal Register document
confirming the effective date of the DFR
and withdrawing the companion Notice
of Proposed Rulemaking (NPRM). Such
confirmation may include minor
stylistic or technical changes to the
DFR. For the purpose of judicial review,
ETA views the date of confirmation of
the effective date of the DFR as the date
of promulgation.
III. Direct Final Rulemaking
In direct final rulemaking, an agency
publishes a DFR in the Federal Register,
with a statement that the rule will go
into effect unless the agency receives
significant adverse comment within a
specified period. The agency may
publish an identical concurrent NPRM.
If the agency receives no significant
adverse comment in response to the
DFR, the rule goes into effect. ETA plans
to confirm the effective date of a DFR
through a separate Federal Register
document. If the agency receives a
significant adverse comment, the agency
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
will withdraw the DFR and treats such
comment as a response to the NPRM.
An agency typically uses direct final
rulemaking when an agency anticipates
that a rule will not be controversial.
For purposes of this DFR, a significant
adverse comment is one that explains
why the amendments to the regulatory
provisions identified below would be
inappropriate. In determining whether a
comment necessitates withdrawal of the
DFR, ETA will consider whether the
comment raises an issue serious enough
to warrant a substantive response. ETA
will not consider a comment
recommending an additional
amendment to this regulation to be a
significant adverse comment unless the
comment states why the DFR would be
ineffective without the addition.
In addition to publishing this DFR,
ETA is publishing a companion NPRM
in the Federal Register. The comment
period for the NPRM runs concurrently
with that of the DFR. ETA will treat
comments received on the companion
NPRM as comments also regarding the
DFR. Similarly, ETA will consider
comments submitted to the DFR as
comment to the companion NPRM.
Therefore, if ETA receives a significant
adverse comment on either the DFR or
the NPRM, it will withdraw this DFR
and proceed with the companion
NPRM. In the event ETA withdraws the
DFR because of significant adverse
comment, ETA will consider all timely
comments received in response to the
DFR when it continues with the NPRM.
After carefully considering all
comments to the DFR and the NPRM,
ETA will decide whether to publish a
new final rule.
ETA determined that the subject of
this rulemaking is suitable for direct
final rulemaking. This amendment is
procedural in nature and does not
impact the operation of Job Corps
centers, the operational support
services, or the delivery of career
transitional services and other
operation, the process by which offerors
respond to solicitations, the substance
of their responses, or the criteria upon
which the solicitation will be evaluated.
Finally, the revisions would not impose
any new costs or burdens. For these
reasons, ETA does not anticipate
objections from the public to this
rulemaking action.
IV. Discussion of Changes
Sec. 147(a) of WIOA authorizes the
Secretary of Labor to enter into
agreements with eligible entities to
operate Job Corps centers and to provide
activities to a Job Corps center. Two
provisions in the regulation
implementing subtitle C of Title I of
E:\FR\FM\29AUR1.SGM
29AUR1
Federal Register / Vol. 84, No. 168 / Thursday, August 29, 2019 / Rules and Regulations
WIOA implement section 147(a). 20
CFR 686.310(a) broadly states that the
Secretary selects eligible entities to
operate contract centers on a
competitive basis in accordance with
applicable statutes and regulations and
20 CFR 686.340(a) states that the
Secretary selects eligible entities to
provide outreach and admission, career
transition, and operational support
services on a competitive basis in
accordance with applicable statutes and
regulations. However, both provisions
also specifically require ETA to develop
and issue RFPs for these Job Corps
contracts. These provisions are narrower
than section 147(a) and constrain the
Department’s authority to assign the
authority to develop and issue RFPs to
whichever component of the agency it
determines appropriate.
This DFR amends §§ 686.310(a) and
686.340(a) by replacing ‘‘ETA’’ with
‘‘the Secretary.’’ Through this DFR, the
Department is aligning the text of
§§ 686.310(a) and 686.340(a) with the
statutory language in section 147(a) of
WIOA and eliminating the
inconsistency between the regulation
and the statute. This change also affords
the Department greater flexibility to
manage and oversee the Job Corps
procurement process in a manner that it
determines appropriate, which in turn
will aid in the implementation of the
Department’s Enterprise-Wide Shared
Services Initiative described above.
khammond on DSKBBV9HB2PROD with RULES
V. Rulemaking Analyses and Notices
Executive Orders 12866 (Regulatory
Planning and Review), 13563
(Improving Regulation and Regulatory
Review), and 13771 (Reducing
Regulation and Controlling Regulatory
Costs)
Executive Order 12866 requires that
regulatory agencies assess both the costs
and benefits of significant regulatory
actions. Under the Executive Order, a
‘‘significant regulatory action’’ is one
meeting any of a number of specified
conditions, including the following:
Having an annual effect on the economy
of $100 million or more; creating a
serious inconsistency or interfering with
an action of another agency; materially
altering the budgetary impact of
entitlements or the rights of entitlement
recipients, or raising novel legal or
policy issues. The Department has
determined that this DFR is not a
‘‘significant’’ regulatory action and a
cost-benefit and economic analysis is
not required. This regulation merely
makes a procedural change to allow
flexibility to manage and oversee the Job
Corps procurement process in a manner
that the Department determines
VerDate Sep<11>2014
15:42 Aug 28, 2019
Jkt 247001
appropriate. This rule is not an
Executive Order 13771 regulatory action
because this rule is not significant under
Executive Order 12866.
Executive Order 13563 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
if regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, distributive impacts,
and equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility to minimize
burden.
This rule makes only a procedural
change to allow flexibility to manage
and oversee the Job Corps procurement
process in a manner that the Department
determines appropriate; thus this rule is
not expected to have any regulatory
impacts.
Regulatory Flexibility Act/Small
Business Regulatory Enforcement
Fairness Act
The Regulatory Flexibility Act (RFA),
at 5 U.S.C. 603(a), requires agencies to
prepare and make available for public
comment an initial regulatory flexibility
analysis, which describes the impact of
the DFR on small entities. Section 605
of the RFA allows an agency to certify
a rule, in lieu of preparing an analysis,
if the DFR is not expected to have a
significant economic impact on a
substantial number of small entities.
This DFR does not affect small entities
as defined in the RFA. Therefore, the
DFR will not have a significant
economic impact on a substantial
number of these small entities.
Therefore, the Department certifies that
the DFR will not have a significant
economic impacts on a substantial
number of small entities.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that the
Department consider the impact of
paperwork and other information
collection burdens imposed on the
public. The Department has determined
that this rule does not alter any
information collection burdens.
Executive Order 13132 (Federalism)
Section 6 of E.O. 13132 requires
Federal agencies to consult with State
entities when a regulation or policy may
have a substantial direct effect on the
States, the relationship between the
National Government and the States, or
the distribution of power and
responsibilities among the various
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
45405
levels of government, within the
meaning of the E.O. Section 3(b) of the
E.O. further provides that Federal
agencies must implement regulations
that have a substantial direct effect only
if statutory authority permits the
regulation and it is of national
significance.
This DFR does not have a substantial
direct effect on the States, the
relationship between the National
Government and the States, or the
distribution of power and
responsibilities among the various
levels of Government, within the
meaning of the E.O. This DFR merely
makes a procedural change for internal
Departmental operations and
management for Job Corps procurement.
Unfunded Mandates Reform Act of 1995
This regulatory action has been
reviewed in accordance with the
Unfunded Mandates Reform Act of 1995
(the Reform Act). Under the Reform Act,
a Federal agency must determine
whether a regulation proposes a Federal
mandate that would result in the
increased expenditures by State, local,
or tribal governments, in the aggregate,
or by the private sector, of $100 million
or more in any single year. This DFR
merely makes an administrative change
to the name of the Departmental entity
authorized for Job Corps procurement
responsibilities. The requirements of
Title II of the Act, therefore, do not
apply, and the Department has not
prepared a statement under the Act.
Executive Order 13175 (Indian Tribal
Governments)
The Department has reviewed the
DFR under the terms of E.O. 13175 and
DOL’s Tribal Consultation Policy, and
have concluded that the changes to
regulatory text which are the focus of
the DFR would not have tribal
implications, as these changes do not
have substantial direct effects on one or
more Indian tribes, the relationship
between the Federal government and
Indian tribes, nor the distribution of
power and responsibilities between the
Federal government and Indian tribes.
Therefore, no consultations with tribal
governments, officials, or other tribal
institutions were necessary.
List of Subjects in 20 CFR Part 686
Employment, Grant programs—labor,
Job Corps.
For the reasons stated in the
preamble, the Department amends 20
CFR part 686 as follows:
E:\FR\FM\29AUR1.SGM
29AUR1
45406
Federal Register / Vol. 84, No. 168 / Thursday, August 29, 2019 / Rules and Regulations
PART 686—THE JOBS CORPS UNDER
TITLE I OF THE WORKFORCE
INNOVATION AND OPPORTUNITY ACT
DEPARTMENT OF DEFENSE
1. The authority citation for part 686
continues to read as follows:
32 CFR Part 553
Authority: Sec. 147, Pub. L. 113–128, 128
Stat. 1425 (Jul. 22, 2014).
RIN 0702–AA80
■
Department of the Army
[Docket No. USA–2018–HQ–0001]
Army Cemeteries
2. Amend § 686.310 by revising
paragraph (a) to read as follows:
■
ACTION:
§ 686.310 How are entities selected to
receive funding to operate centers?
The Department of the Army
is finalizing its regulation for the
development, operation, maintenance,
and administration of the Army
Cemeteries. The revisions include
changes in management and a name
change to the Army National Military
Cemeteries. The rule also adopts
modifications suggested by the
Department of the Army Inspector
General and approved by the Secretary
of the Army, as well as implementing
changes in interment eligibility due to
statute.
SUMMARY:
(a) The Secretary selects eligible
entities to operate contract centers on a
competitive basis in accordance with
applicable statutes and regulations. In
selecting an entity, the Secretary issues
requests for proposals (RFPs) for the
operation of all contract centers
according to the Federal Acquisition
Regulation (48 CFR chapter 1) and
Department of Labor Acquisition
Regulation (48 CFR chapter 29). The
Secretary develops RFPs for center
operators in consultation with the
Governor, the center workforce council
(if established), and the Local WDB for
the workforce development area in
which the center is located.
*
*
*
*
*
This rule is effective on
September 30, 2019.
DATES:
Ms.
Cynthia Riddle, Army National Military
Cemeteries, 703–614–6219.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
3. Amend § 686.340 by revising
paragraph (a) to read as follows:
A. Executive Summary
§ 686.340 How are entities selected to
receive funding to provide outreach and
admission, career transition and other
operations support services?
a. This final rule modifies the
Department of the Army’s (DA)
regulation governing Army Cemeteries
by finalizing the proposed rule (83 FR
53412) without change. Army
Cemeteries consist of Arlington National
Cemetery, the U.S. Soldiers’ and
Airmen’s Home National Cemetery,
twenty-five Army post cemeteries, the
West Point Post Cemetery, and the U.S.
Disciplinary Barracks Cemetery at Fort
Leavenworth. The rule revises the
current part as ‘subpart A’ (Army
National Military Cemeteries), makes
corrections and additions to subpart A,
and adds subpart B (Army Post
Cemeteries) to further reflect changes in
the management structure of the Army
National Military Cemeteries created by
Army General Orders 2014–74 (https://
armypubs.army.mil/ProductMaps/
PubForm/Details.aspx?
PUBNO=DAGO+2014-74) and
provisions of an April 17, 2012
Secretary of the Army Decision
Memorandum.
b. The legal authorities for this
regulatory action include Public Law
93–43 Stat. 87, 10 U.S.C. 3013, and 38
U.S.C. 2411. Public Law 93–43 Stat 87,
also known as the National Cemeteries
■
khammond on DSKBBV9HB2PROD with RULES
Department of the Army, DoD.
Final rule.
AGENCY:
I. Purpose of the Regulatory Action
(a) The Secretary selects eligible
entities to provide outreach and
admission, career transition, and
operational services on a competitive
basis in accordance with applicable
statutes and regulations. In selecting an
entity, the Secretary issues requests for
proposals (RFP) for operational support
services according to the Federal
Acquisition Regulation (48 CFR chapter
1) and Department of Labor Acquisition
Regulation (48 CFR chapter 29). The
Secretary develops RFPs for operational
support services in consultation with
the Governor, the center workforce
council (if established), and the Local
WDB for the workforce development
area in which the center is located.
*
*
*
*
*
John P. Pallasch,
Assistant Secretary for Employment and
Training, Labor.
[FR Doc. 2019–18497 Filed 8–28–19; 8:45 am]
BILLING CODE 4510–FT–P
VerDate Sep<11>2014
15:42 Aug 28, 2019
Jkt 247001
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
Act of 1973, contains a clause in Section
7(b)(2) that exempts the Secretary of the
Army from the provisions of the act
with respect to those cemeteries that
remained under the control of the Army.
Title 10 U.S.C. 3013 governs the
appointment of the Secretary of the
Army and the responsibilities of his
position to include the formulation of
policies and programs, which apply to
Army Cemeteries. Title 38 U.S.C. 2411
contains further descriptions of persons
convicted of capital crimes.
II. Summary of the Major Provisions
Section 553.12, ‘‘Eligibility for
interment at Arlington National
Cemetery’’, clarifies certain dependent
eligibility criteria.
Section 553.28, ‘‘Private headstones
and markers’’, clarifies private
headstone and marker approval policies
at the Army National Military
Cemeteries.
Section 553.36, ‘‘Definitions’’,
provides the definitions of terms used
throughout the final rule.
Section 553.37, ‘‘Purpose’’,
establishes eligibility for interment and
inurnment in the twenty-five Army post
cemeteries, the U.S. Disciplinary
Barracks Cemetery at Fort Leavenworth,
KS, and the United States Military
Academy Cemetery at West Point, NY.
Section 553.38, ‘‘Statutory
authorities’’, cites relevant sections of
United States Code applicable to Army
Post Cemeteries including Public Law
93–43 Stat 87, 10 U.S.C. 985, 1481,
1482, 3013, and 38 U.S.C. 2411.
Section 553.39, ‘‘Scope and
applicability’’, establishes the
applicability of this part and not on the
applicability of a separate internal Army
regulation.
Section 553.40, ‘‘Assignment of
gravesites or niches’’, establishes
policies regarding the assignment of
gravesites or niches.
Section 553.41, ‘‘Proof of Eligibility’’,
establishes the requirements for family
members to provide necessary
documentation needed to verify
veterans and their family members are
eligible for interment or inurnment in
Army post cemeteries.
Section 553.42, ‘‘General rules
governing eligibility for interment or
inurnment in Army Post Cemeteries’’,
establishes the general rules that apply
to Army post cemeteries.
Section 553.43, ‘‘Eligibility for
interment and inurnment in Army Post
Cemeteries’’, established for the twentyfive Army cemeteries on various active
or former installations which excludes
the post cemetery at West Point, NY and
the U.S. Disciplinary Barracks Cemetery
at Fort Leavenworth, KS.
E:\FR\FM\29AUR1.SGM
29AUR1
]]>Agencies
[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Rules and Regulations]
[Pages 45403-45406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18497]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 686
[DOL Docket No. ETA-2019-0006]
RIN 1205-AB96
Procurement Roles and Responsibilities for Job Corps Contracts
AGENCY: Employment and Training Administration, Labor.
ACTION: Direct final rule; request for comment.
-----------------------------------------------------------------------
SUMMARY: In this direct final rule (DFR), the Department of Labor
(Department) makes two procedural changes to its Workforce Innovation
and Opportunity Act (WIOA) Job Corps regulations to enable the
Secretary to delegate procurement authority as it relates to the
development and issuance of requests for proposals for the operation of
Job Corps centers, outreach and admissions, career transitional
services, and other operational support services. The Department is
taking this procedural action to align regulatory provisions with the
relevant WIOA statutory language and to provide greater flexibility for
internal operations and management of the Job Corps program.
DATES: This DFR will become effective on October 28, 2019 unless
significant adverse comment is submitted (transmitted, postmarked, or
delivered) by September 30, 2019. If DOL receives significant adverse
comment, the Agency will publish a timely withdrawal in the Federal
Register informing the public that this DFR will not take effect (see
Section III, Direct Final Rulemaking,'' for more details on this
process). Comments to this DFR and other information must be submitted
(transmitted, postmarked, or delivered) by September 30, 2019. All
submissions must bear a postmark or provide other evidence of the
submission date.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1205-AB96, by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the
website instructions for submitting comments.
Mail and Hand Delivery/Courier: Written comments, disk, and CD-ROM
submissions may be mailed to Heidi Casta, Deputy Administrator, Office
of Policy Development and Research, U.S. Department of Labor, 200
Constitution Avenue NW, Room N-5641, Washington, DC 20210.
Instructions: Label all submissions with ``RIN 1205-AB96.''
Please submit your comments by only one method. Please be advised
that the Department will post all comments received that relate to this
DFR on https://www.regulations.gov without making any change to the
comments or redacting any information. The https://www.regulations.gov
website is the Federal e-rulemaking portal, and all comments posted
there are available and accessible to the public. Therefore, the
Department recommends that commenters remove personal information such
as Social Security Numbers, personal addresses, telephone numbers, and
email addresses included in their comments, as such information
[[Page 45404]]
may become easily available to the public via the https://www.regulations.gov website. It is the responsibility of the commenter
to safeguard personal information.
Also, please note that, due to security concerns, postal mail
delivery in Washington, DC may be delayed. Therefore, the Department
encourages the public to submit comments on https://www.regulations.gov.
Docket: All comments on this DFR will be available on the https://www.regulations.gov website, and can be found using RIN 1205-AB96. The
Department also will make all the comments it receives available for
public inspection by appointment during normal business hours at the
above address. If you need assistance to review the comments, the
Department will provide appropriate aids, such as readers or print
magnifiers. The Department will make copies of this DFR available, upon
request, in large print and electronic file on computer disk. To
schedule an appointment to review the comments and/or obtain the DFR in
an alternative format, contact the Office of Policy Development and
Research at (202) 693-3700 (this is not a toll-free number). You may
also contact this office at the address listed below.
FOR FURTHER INFORMATION CONTACT: Heidi Casta, Deputy Administrator,
Office of Policy Development and Research, U.S. Department of Labor,
200 Constitution Avenue NW, Room N-5641, Washington, DC 20210;
telephone (202) 693-3700 (this is not a toll-free number).
Individuals with hearing or speech impairments may access the
telephone number above via TTY by calling the toll-free Federal
Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
The Department is amending two provisions of 20 CFR part 686, which
implements subtitle C of title I of WIOA. Through these amendments, the
Department is aligning these regulatory provisions with the language in
WIOA by broadening the authority to issue contract solicitations from
the Employment and Training Administration (ETA) to the Secretary of
Labor. The Department is making this procedural change to the WIOA
regulation to provide greater flexibility in the management and
operation of the Job Corps program by allowing the Secretary of Labor
to designate the component of the Department that is authorized to
issue requests for proposals (RFPs) for the operation of Job Corps
centers, outreach and admissions, career transitional services, and
other operational support services. This change will provide the
Department with the flexibility to more efficiently manage the Job
Corps procurement process, which will in turn allow greater economies
of scale and operational efficiencies. This rule is consistent with the
President's Management Agenda Cross-Agency Priority (CAP) Goal Number
5--Sharing Quality Services. The Department is implementing this CAP,
in part, via the Department's Enterprise-Wide Shared Services
Initiatives whose primary goals are as follows:
1. Improve human resources efficiency, effectiveness, and
accountability;
2. Provide modern technology solutions that empower the DOL mission
and serve the American public through collaboration and innovation;
3. Maximize DOL's federal buying power through effective
procurement management; and
4. Safeguard fiscal integrity, and promote the effective and
efficient use of resources.
This rule will assist the Department's implementation of its
Enterprise-Wide Shared Services Initiative.
This rule is not an Executive Order 13771 regulatory action because
this rule is not significant under Executive Order 12866.
II. Consideration of Comments
ETA will consider comment on issues related to this action. If ETA
receives no significant adverse comments, ETA will publish a Federal
Register document confirming the effective date of the DFR and
withdrawing the companion Notice of Proposed Rulemaking (NPRM). Such
confirmation may include minor stylistic or technical changes to the
DFR. For the purpose of judicial review, ETA views the date of
confirmation of the effective date of the DFR as the date of
promulgation.
III. Direct Final Rulemaking
In direct final rulemaking, an agency publishes a DFR in the
Federal Register, with a statement that the rule will go into effect
unless the agency receives significant adverse comment within a
specified period. The agency may publish an identical concurrent NPRM.
If the agency receives no significant adverse comment in response to
the DFR, the rule goes into effect. ETA plans to confirm the effective
date of a DFR through a separate Federal Register document. If the
agency receives a significant adverse comment, the agency will withdraw
the DFR and treats such comment as a response to the NPRM. An agency
typically uses direct final rulemaking when an agency anticipates that
a rule will not be controversial.
For purposes of this DFR, a significant adverse comment is one that
explains why the amendments to the regulatory provisions identified
below would be inappropriate. In determining whether a comment
necessitates withdrawal of the DFR, ETA will consider whether the
comment raises an issue serious enough to warrant a substantive
response. ETA will not consider a comment recommending an additional
amendment to this regulation to be a significant adverse comment unless
the comment states why the DFR would be ineffective without the
addition.
In addition to publishing this DFR, ETA is publishing a companion
NPRM in the Federal Register. The comment period for the NPRM runs
concurrently with that of the DFR. ETA will treat comments received on
the companion NPRM as comments also regarding the DFR. Similarly, ETA
will consider comments submitted to the DFR as comment to the companion
NPRM. Therefore, if ETA receives a significant adverse comment on
either the DFR or the NPRM, it will withdraw this DFR and proceed with
the companion NPRM. In the event ETA withdraws the DFR because of
significant adverse comment, ETA will consider all timely comments
received in response to the DFR when it continues with the NPRM. After
carefully considering all comments to the DFR and the NPRM, ETA will
decide whether to publish a new final rule.
ETA determined that the subject of this rulemaking is suitable for
direct final rulemaking. This amendment is procedural in nature and
does not impact the operation of Job Corps centers, the operational
support services, or the delivery of career transitional services and
other operation, the process by which offerors respond to
solicitations, the substance of their responses, or the criteria upon
which the solicitation will be evaluated. Finally, the revisions would
not impose any new costs or burdens. For these reasons, ETA does not
anticipate objections from the public to this rulemaking action.
IV. Discussion of Changes
Sec. 147(a) of WIOA authorizes the Secretary of Labor to enter into
agreements with eligible entities to operate Job Corps centers and to
provide activities to a Job Corps center. Two provisions in the
regulation implementing subtitle C of Title I of
[[Page 45405]]
WIOA implement section 147(a). 20 CFR 686.310(a) broadly states that
the Secretary selects eligible entities to operate contract centers on
a competitive basis in accordance with applicable statutes and
regulations and 20 CFR 686.340(a) states that the Secretary selects
eligible entities to provide outreach and admission, career transition,
and operational support services on a competitive basis in accordance
with applicable statutes and regulations. However, both provisions also
specifically require ETA to develop and issue RFPs for these Job Corps
contracts. These provisions are narrower than section 147(a) and
constrain the Department's authority to assign the authority to develop
and issue RFPs to whichever component of the agency it determines
appropriate.
This DFR amends Sec. Sec. 686.310(a) and 686.340(a) by replacing
``ETA'' with ``the Secretary.'' Through this DFR, the Department is
aligning the text of Sec. Sec. 686.310(a) and 686.340(a) with the
statutory language in section 147(a) of WIOA and eliminating the
inconsistency between the regulation and the statute. This change also
affords the Department greater flexibility to manage and oversee the
Job Corps procurement process in a manner that it determines
appropriate, which in turn will aid in the implementation of the
Department's Enterprise-Wide Shared Services Initiative described
above.
V. Rulemaking Analyses and Notices
Executive Orders 12866 (Regulatory Planning and Review), 13563
(Improving Regulation and Regulatory Review), and 13771 (Reducing
Regulation and Controlling Regulatory Costs)
Executive Order 12866 requires that regulatory agencies assess both
the costs and benefits of significant regulatory actions. Under the
Executive Order, a ``significant regulatory action'' is one meeting any
of a number of specified conditions, including the following: Having an
annual effect on the economy of $100 million or more; creating a
serious inconsistency or interfering with an action of another agency;
materially altering the budgetary impact of entitlements or the rights
of entitlement recipients, or raising novel legal or policy issues. The
Department has determined that this DFR is not a ``significant''
regulatory action and a cost-benefit and economic analysis is not
required. This regulation merely makes a procedural change to allow
flexibility to manage and oversee the Job Corps procurement process in
a manner that the Department determines appropriate. This rule is not
an Executive Order 13771 regulatory action because this rule is not
significant under Executive Order 12866.
Executive Order 13563 directs agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). Executive Order 13563
emphasizes the importance of quantifying both costs and benefits,
reducing costs, harmonizing rules, and promoting flexibility to
minimize burden.
This rule makes only a procedural change to allow flexibility to
manage and oversee the Job Corps procurement process in a manner that
the Department determines appropriate; thus this rule is not expected
to have any regulatory impacts.
Regulatory Flexibility Act/Small Business Regulatory Enforcement
Fairness Act
The Regulatory Flexibility Act (RFA), at 5 U.S.C. 603(a), requires
agencies to prepare and make available for public comment an initial
regulatory flexibility analysis, which describes the impact of the DFR
on small entities. Section 605 of the RFA allows an agency to certify a
rule, in lieu of preparing an analysis, if the DFR is not expected to
have a significant economic impact on a substantial number of small
entities. This DFR does not affect small entities as defined in the
RFA. Therefore, the DFR will not have a significant economic impact on
a substantial number of these small entities. Therefore, the Department
certifies that the DFR will not have a significant economic impacts on
a substantial number of small entities.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the Department consider the impact of paperwork and other
information collection burdens imposed on the public. The Department
has determined that this rule does not alter any information collection
burdens.
Executive Order 13132 (Federalism)
Section 6 of E.O. 13132 requires Federal agencies to consult with
State entities when a regulation or policy may have a substantial
direct effect on the States, the relationship between the National
Government and the States, or the distribution of power and
responsibilities among the various levels of government, within the
meaning of the E.O. Section 3(b) of the E.O. further provides that
Federal agencies must implement regulations that have a substantial
direct effect only if statutory authority permits the regulation and it
is of national significance.
This DFR does not have a substantial direct effect on the States,
the relationship between the National Government and the States, or the
distribution of power and responsibilities among the various levels of
Government, within the meaning of the E.O. This DFR merely makes a
procedural change for internal Departmental operations and management
for Job Corps procurement.
Unfunded Mandates Reform Act of 1995
This regulatory action has been reviewed in accordance with the
Unfunded Mandates Reform Act of 1995 (the Reform Act). Under the Reform
Act, a Federal agency must determine whether a regulation proposes a
Federal mandate that would result in the increased expenditures by
State, local, or tribal governments, in the aggregate, or by the
private sector, of $100 million or more in any single year. This DFR
merely makes an administrative change to the name of the Departmental
entity authorized for Job Corps procurement responsibilities. The
requirements of Title II of the Act, therefore, do not apply, and the
Department has not prepared a statement under the Act.
Executive Order 13175 (Indian Tribal Governments)
The Department has reviewed the DFR under the terms of E.O. 13175
and DOL's Tribal Consultation Policy, and have concluded that the
changes to regulatory text which are the focus of the DFR would not
have tribal implications, as these changes do not have substantial
direct effects on one or more Indian tribes, the relationship between
the Federal government and Indian tribes, nor the distribution of power
and responsibilities between the Federal government and Indian tribes.
Therefore, no consultations with tribal governments, officials, or
other tribal institutions were necessary.
List of Subjects in 20 CFR Part 686
Employment, Grant programs--labor, Job Corps.
For the reasons stated in the preamble, the Department amends 20
CFR part 686 as follows:
[[Page 45406]]
PART 686--THE JOBS CORPS UNDER TITLE I OF THE WORKFORCE INNOVATION
AND OPPORTUNITY ACT
0
1. The authority citation for part 686 continues to read as follows:
Authority: Sec. 147, Pub. L. 113-128, 128 Stat. 1425 (Jul. 22,
2014).
0
2. Amend Sec. 686.310 by revising paragraph (a) to read as follows:
Sec. 686.310 How are entities selected to receive funding to operate
centers?
(a) The Secretary selects eligible entities to operate contract
centers on a competitive basis in accordance with applicable statutes
and regulations. In selecting an entity, the Secretary issues requests
for proposals (RFPs) for the operation of all contract centers
according to the Federal Acquisition Regulation (48 CFR chapter 1) and
Department of Labor Acquisition Regulation (48 CFR chapter 29). The
Secretary develops RFPs for center operators in consultation with the
Governor, the center workforce council (if established), and the Local
WDB for the workforce development area in which the center is located.
* * * * *
0
3. Amend Sec. 686.340 by revising paragraph (a) to read as follows:
Sec. 686.340 How are entities selected to receive funding to provide
outreach and admission, career transition and other operations support
services?
(a) The Secretary selects eligible entities to provide outreach and
admission, career transition, and operational services on a competitive
basis in accordance with applicable statutes and regulations. In
selecting an entity, the Secretary issues requests for proposals (RFP)
for operational support services according to the Federal Acquisition
Regulation (48 CFR chapter 1) and Department of Labor Acquisition
Regulation (48 CFR chapter 29). The Secretary develops RFPs for
operational support services in consultation with the Governor, the
center workforce council (if established), and the Local WDB for the
workforce development area in which the center is located.
* * * * *
John P. Pallasch,
Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2019-18497 Filed 8-28-19; 8:45 am]
BILLING CODE 4510-FT-P
