Employment and Training Administration (ETA) Program Year (PY) 2021 Workforce Innovation and Opportunity Act (WIOA) Section 167, National Farmworker Jobs Program (NFJP) Proposed Modifications to Allotment Formula, 24891-24895 [2021-09799]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices (Identification of Eligible Providers of Training Services); (4) One member who is a representative of economic development entities; (5) One member who is a representative of businesses, who has been nominated by national business organizations or trade associations; (6) One member who is a representative of labor organizations, who has been nominated by a national labor federation; (7) One member who is a representative of local workforce development boards, who has been nominated by a national organization representing such boards; and (8) One member who is a representative of research entities that use workforce and labor market information. The Secretary must ensure that the membership of the WIAC is geographically diverse, and that no two members appointed under clauses (1), (2), and (7) above represent the same State. Please note, the members whom the Secretary appoints to fill these vacancies will serve the balance of their predecessors’ unexpired terms, in this case from the date of appointment until March 9, 2023. Members of the Council will serve on a voluntary and generally uncompensated basis, but will be reimbursed for travel expenses to attend WIAC meetings, including per diem in lieu of subsistence, as authorized by the Federal travel regulations. The WIAC is a permanent advisory council and, as such, is not governed by the Federal Advisory Committee Act’s (FACA) section 14, on termination of advisory committees. In other respects, however, WIAC membership will be consistent with the FACA requirement that membership be ‘‘fairly balanced in terms of the points of view represented and the functions to be performed’’ (5 U.S.C. App. 2, section 5(b)(2)), as specified in Wagner-Peyser section 15(2)(B) & (C), and the requirement that members come from ‘‘a cross-section of those directly affected, interested, and qualified, as appropriate to the nature and functions’’ of the WIAC (41 CFR 102–3.60(b)(3)). Under the FACA regulation, the composition of the WIAC will, therefore, depend upon several factors, including: (i) The WIAC’s mission; (ii) the geographic, ethnic, social, economic, or scientific impact of the WIAC’s recommendations; (iii) the types of specific perspectives required; (iv) the need to obtain divergent points of view on the issues before the WIAC, such as those of consumers, technical experts, the public at large, academia, business, or other sectors; and (v) the VerDate Sep<11>2014 19:05 May 07, 2021 Jkt 253001 relevance of State, local, or tribal governments to the development of the WIAC’s recommendations (41 CFR 102– 3, Subpart B, Appendix A.). To the extent permitted by FACA and other applicable laws, WIAC membership should also be consistent with achieving the greatest impact, scope, and credibility among diverse stakeholders. The diversity in such membership includes, but is not limited to, race, gender, disability, sexual orientation, and gender identity. Nominations Process: Nominations for a representative of lead State agencies with responsibility for workforce investment activities, or State agencies described in Wagner-Peyser Act section 4 (agency designated or authorized by Governor to cooperate with the Secretary of Labor), must be nominated by such agencies or by a national organization that represents such agencies. Nominations for a representative of State workforce and labor market information directors affiliated with the State agencies responsible for the management and oversight of the workforce and labor market information system as described in Wagner-Peyser Act section 15(e)(2), must be nominated by the directors. To nominate an individual for appointment to the WIAC, please submit, to one of the addresses listed below, the following information: • A copy of the nominee’s resume or curriculum vitae; • A cover letter that provides your reason(s) for nominating the individual, the constituency area that they represent (as outlined above in the WIAC membership identification discussion), and their particular expertise for contributing to the national policy discussion on: (1) The evaluation and improvement of the nationwide workforce and labor market information system and statewide systems that comprise the nationwide system, and (2) how the Department of Labor and the States will cooperate in the management of those systems, including programs that produce employment-related statistics and State and local workforce and labor market information; and • Contact information for the nominee (name, title, business address, business phone, and business email address). In addition, the cover letter must state the nomination is being made in response to this Federal Register Notice and the nominee (if nominating someone other than oneself) has agreed to be nominated and is willing to serve on the WIAC. Nominees will be appointed based on their qualifications, professional experience, and PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 24891 demonstrated knowledge of issues related to the purpose and scope of the WIAC, as well as diversity considerations. The Department will publish a list of the new WIAC members on the WIAC’s website at https:// www.dol.gov/agencies/eta/wioa/wiac. FOR FURTHER INFORMATION CONTACT: Steve Rietzke, WIAC Designated Federal Officer, WIAC@dol.gov. Authority: Pursuant to the Wagner-Peyser Act of 1933, as amended, 29 U.S.C. 49 et seq.; Workforce Innovation and Opportunity Act, Pub. L. 113–128; Federal Advisory Committee Act, as amended, 5 U.S.C. App. 2. Suzan G. LeVine, Principal Deputy Assistant Secretary for Employment and Training Administration, Labor. [FR Doc. 2021–09792 Filed 5–7–21; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration Employment and Training Administration (ETA) Program Year (PY) 2021 Workforce Innovation and Opportunity Act (WIOA) Section 167, National Farmworker Jobs Program (NFJP) Proposed Modifications to Allotment Formula Employment and Training Administration, Labor. ACTION: Notice; request for comments. AGENCY: This Notice announces proposed modifications to the allotment formula for the National Farmworker Jobs Program (NFJP), which is authorized under the Workforce Innovation and Opportunity Act (WIOA), Section 167, and presents preliminary State planning estimates for Program Year (PY) 2021. These allotments are estimates based on the funds appropriated in the Consolidated Appropriations Act, 2021 (from this point forward will be referred to as the ‘‘the Act’’). The U.S. Department of Labor (DOL), Employment and Training Administration (ETA) will accept comments related to the allotment methodology, including modifications and the hold-harmless provision. DATES: The PY 2021 NFJP allotments become effective for the grant period that begins July 1, 2021. Written comments on this notice are invited and must be received on or before May 24, 2021. ADDRESSES: Comments are accepted via email to NFJP@dol.gov. Please enter ‘‘PY21 National Farmworker Jobs SUMMARY: E:\FR\FM\10MYN1.SGM 10MYN1 24892 Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices Program Grantee Allotments Public Comment’’ in the subject line of the email. khammond on DSKJM1Z7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Questions on this notice can be submitted to the Employment and Training Administration, Office of Workforce Investment, Attention: Laura Iban˜ez, Unit Chief, (202) 693–3645 or Steven Rietzke, Division Chief at (202) 693–3912, or at NFJP@dol.gov. Individuals with hearing or speech impairments may access the telephone numbers above via TTY by calling the toll-free Federal Information Relay Service at 1–877–889–5627 (TTY–TDD). SUPPLEMENTARY INFORMATION: This notice is published according to Section 182(d) of the WIOA, Prompt Allotment of Funds. ETA developed the formula to distribute funds geographically by state service area, based on each state service area’s relative share of persons eligible for the program. The formula’s original methodology is described in the Federal Register notice 64 FR 27390, May 19, 1999. That information is accessible at https://www.federalregister.gov/. In PY 2018, ETA incorporated two modifications to the allotment formula to provide more accurate estimates of each state service area’s relative share of persons eligible for the program. The formula also used updated data from each of the four data files serving as the basis of the formula since 1999. The revised formula methodology is described in the Federal Register notice 83 FR 32151, July 11, 2018. Beginning in PY 2021, ETA is making two modifications to the allotment formula. These modifications will improve the formula’s accuracy in terms of estimating the true NFJP-eligible population in state service areas, and one of the modifications is necessitated by a recent statutory change to the NFJP eligibility criteria, which Congress enacted in the FY 2021 appropriation. Section II includes further explanation of these modifications. This Notice includes the following sections: • Section II of this notice provides a discussion of the updated data that will be used to populate the formula and the proposed formula modifications. • Section III describes the holdharmless provision for the implementation year and the following years. The hold-harmless provision is designed to provide a staged transition from old to new shares of funding for State service areas. • Section IV describes minimum funding provisions to address State service areas that would receive less than $60,000. VerDate Sep<11>2014 19:05 May 07, 2021 Jkt 253001 • Section V describes the application of the formula and the hold-harmless provision using preliminary planning estimates for PY 2021. This notice represents the first of a two-stage process. Upon receipt of public comments regarding this notice related to the formula methodology and modifications, ETA will consider comments and finalize the formula methodology and results. In the second stage, ETA will publish the final formula and final allotment levels in the Federal Register. I. Background The Department is announcing preliminary PY 2021 allotments for the National Farmworker Jobs Program (NFJP). This notice provides information on the amount of funds available during PY 2021 to state service areas awarded grants through Funding Opportunity Announcement FOA– ETA–20–08 for the NFJP Career Services and Training grants and Housing grants. Funds to implement NFJP are appropriated in the Act. In appropriating these funds, Congress provided $87,083,000 for formula grants (of which $86,946,000 was allotted after $137,000 was set aside for program integrity), $6,256,000 for migrant and seasonal farmworker housing (of which not less than 70 percent shall be for permanent housing), and another $557,000 was set aside for discretionary purposes. Included below is the table listing the preliminary PY 2021 allotments for the NFJP Career Services and Training grants. Individual grants are awarded for Housing as a result of the grants competition and are further distributed according to language in the appropriations law requiring that of the total amount available, not less than 70 percent shall be allocated to permanent housing activities, leaving not more than 30 percent to temporary housing activities. II. Description of Data Files and Review of PY 2021 Modifications to the Allotment Formula As with all state planning estimates since 1999, the PY 2021 estimates are based on four data sources: (1) Statelevel, 2017 hired farm labor expenditure data from the United States Department of Agriculture’s (USDA) Census of Agriculture (COA); (2) regional-level, 2017 average hourly earnings data from the USDA’s Farm Labor Survey; (3) regional-level, 2010–2018 demographic data from the ETA’s National Agricultural Workers Survey (NAWS); and, (4) 2015–2019 (5-year file) data from the United States Census Bureau’s American Community Survey (ACS). A PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 detailed description of how each data source is used within the formula is in the Federal Register notice 64 FR 27390, May 19, 1999). In addition to populating the formula with updated data, ETA is proposing two modifications that will improve the formula’s accuracy in terms of estimating the true NFJP-eligible population in state service areas, and one of the modifications is necessitated by the change to the NFJP eligibility criteria applicable to the PY 2021 appropriation. (1) First, the Act expands program eligibility for grants funded by the PY 2021 appropriation to include farmworkers who are in families with total family incomes at or below 150 percent of the poverty line. Previously, the definition of a low income individual in WIOA section 3(36)(A)(ii) was based on whether the individual was in a family with a total family income that did not exceed the higher of the poverty line or 70 percent of the lower living standard income level. As noted above, a provision to expand program eligibility is included in the appropriations language for PY 2021. It applies to grant activities funded under the PY 2021 awards. Therefore, the PY 2021 allocations will use special tabulations of data from the American Community Survey (ACS) that reflect farmworkers with total family incomes at or below 150 percent of the poverty line. ETA will subsequently revise the PY 2022 guidance regarding the definition of ‘‘low-income individual,’’ as needed if the same provision is not included in subsequent appropriations. (2) Second, and to more closely align the formula with the definition of eligible migrant and seasonal farmworker under WIOA Section 167(i) and 20 CFR 685.110 and clarified in the Training and Employment Guidance Letter 18–16, ETA proposes modifying how the formula accounts for crop workers who are primarily employed in agriculture. Previously, for the formula, a crop worker was considered to be primarily employed in agriculture if (1) at least 50 percent of their total individual income was from farm work, and (2) if they worked at least 25 days or earned at least $800 in crop farm work in the previous 24 months. ETA proposes the formula consider a crop worker to be primarily employed in agriculture if at least 50 percent of their total individual income is from farm work or at least 50 percent of their total employment time is in farm work.1 As 1 To determine ‘‘primarily employed in agriculture’’ criteria, which has two parts, ETA uses individual income from farm work. E:\FR\FM\10MYN1.SGM 10MYN1 Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices with all state planning estimates since 1999, ETA will use NAWS data to determine the share of crop labor hours in each state that was performed by crop workers who were primarily employed in agriculture, per this eligibility criterion. This modification only applies to estimates of NFJP-eligible labor hours performed by crop workers, because the data that would be needed to similarly estimate NFJP-eligible labor hours performed by animal agricultural (livestock) workers are not available. As with previous allocations of NFJP grant funds, updating the data sources used in the formula and modifying the NFJP eligibility criteria will result in changes in each state’s relative share of funding. Therefore, ETA mitigates large changes in state allotments by using the StopLoss/StopGain provisions discussed in Section III. III. Description of the Hold-Harmless Provision khammond on DSKJM1Z7X2PROD with NOTICES ETA is proposing to continue the hold-harmless provision as instituted in PY 2018. The updated data resulted in significant changes for a few states and the hold-harmless provision provides for a stop loss/stop gain limit to transition to the use of the updated data. This approach is based on a state service area’s previous year’s allotment percentage, which is its relative share of the total formula allotments. ETA will implement the staged transition of the hold-harmless provision as follows: (1) In PY 2021, each state service area will receive an amount equal to at least 95 percent of their PY 2020 allotment percentage, as applied to the PY 2021 formula funds available; (2) In PY 2022, each state service area will receive an amount equal to at least 90 percent of their PY 2021 allotment VerDate Sep<11>2014 19:05 May 07, 2021 Jkt 253001 percentage, as applied to the PY 2022 formula funds available; (3) In PY 2023, each state service area will receive an amount equal to at least 85 percent of their PY 2022 allotment percentage, as applied to the PY 2023 formula funds available. In PY 2021, 2022, and 2023, the stop gain provision provides that no state service area will receive an amount that is more than 150 percent of their previous year’s allotment percentage. In PY 2024, since the Department has a responsibility to use the most current and reliable data available, amounts for the new awards will be based on updated data from the sources described in Section II, pending their availability. At that time, the Department will determine whether the changes to state allotments are significant enough to warrant another hold-harmless provision. Otherwise, allotments to each state service area will be for an amount resulting from a direct allotment of the proposed funding formula without adjustment. IV. Minimum Funding Provisions A state area that would receive less than $60,000 by application of the formula will, at the option of the DOL, receive no allotment or, if practical, be combined with another adjacent state area. Funding below $60,000 is deemed insufficient for sustaining an independently administered program. However, if practical, a state jurisdiction that would receive less than $60,000 may be combined with another adjacent state area. V. Program Year 2021 Preliminary State Allotments The state allotments set forth in the Table appended to this notice reflect the PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 24893 distribution resulting from the allotment formula described above. For PY 2020, $91,896,000 was appropriated for migrant and seasonal farmworker programs, of which $85,229,000 was appropriated for training grants and allotted based on the PY 2018 formula updates. The remaining $6,122,000 of the PY 2020 appropriation was retained to fund housing grants, and $545,000 was retained for Training and Technical Assistance. The figures in the first numerical column show the actual PY 2020 formula allotments to state service areas. The next column shows the percentage share of each allotment to the total available. For PY 2021, the funding level provided for in the Act for the migrant and seasonal farmworker program is $93,896,000 of which $87,083,000 was appropriated for training grants. After allowable funds are set aside for program integrity ($137,000), the Department will allot $86,946,000 for training grants based on the formula and data outlined in this notice. For purposes of illustrating the effects of the updates to the allotment formula, columns 3 and 4 show the state service area allotments with the application of the first-year (95 percent) hold-harmless and minimum funding provisions, followed by the percentages. The difference between PY 2021 and PY 2020 allotments is shown in column 5. Column 6 of the Table shows the allotments based on the proposed formula without the application of the hold-harmless or minimum funding provisions. The percentages are reported in column 7. BILLING CODE 4510–FN–P E:\FR\FM\10MYN1.SGM 10MYN1 24894 Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices U. S. Department of Labor Employment and Training Administration National Farmworker Jobs Program - Career Services and Training Grants Impact of Proposed Changes on PY 2021 Allotments to States PY2020 State Allotment Percentage Share (1) (2) PY2021 With hold harmless Allotment Per<entage DUTerence Share (PY 2021 vs.PY (3) (4) 2020) Without hold harmless Allotment Percentage Share (6) (7) Total Alabama Alaska Arizona Arkansas California Colorado Cmmectlcnt Delaware Dist of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carollna North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Ca.-olina South Dakota Tmnessee Texas Utah khammond on DSKJM1Z7X2PROD with NOTICES Vermont Virginia Washington West Virginia \Visconsin \Vyoming VerDate Sep<11>2014 19:05 May 07, 2021 $85,229,000 100.00000 801,605 0.94053 0.00000 2.97804 1.34234 27.37714 1.58052 0.47213 0.18288 0.00000 4.41597 1.96142 0.37788 2.08580 2.04965 1.34430 1.86330 1.43169 1.22519 0.93635 0.38589 0.45370 0.42761 2.49856 1.91238 1.20471 1.15614 0.73746 1.52006 0.22398 0.13562 0.70749 1.23083 1.84793 3.09557 0.97152 1.66341 1.18197 2.87162 1.74344 2.84035 0.07124 0.95188 0.71642 1.04980 6.19736 0.54781 0.21796 1.17635 5.30138 0.18234 1.92396 0.28816 2,538,153 1,144,067 23,333,261 1,347,060 402,388 155,864 3,763,684 1,671,697 322,061 1,777,707 1,746,897 1,145,731 1,588,068 1,220,211 1,044,219 798,040 328,886 386,681 364,444 2,129,494 1,629,902 1,026,761 985,363 628,528 1,295,534 190,893 115,590 602,990 1,049,022 1,574,968 2,638,326 828,016 1,417,710 1,007,381 2,447,454 1,485,920 2,420,800 60,713 811.276 610598 894,737 5,281,950 466,894 185,768 1,002,595 4,518,313 155,408 1,639,775 245597 Jkt 253001 PO 00000 Frm 00056 $86,946,000 100.00000 776,866 0.89350 0.00000 2.82914 1.37243 26.00828 1.91232 0.57652 0.17780 0.00000 4.19517 1.90528 0.35898 2.52412 2.10394 1.41368 2.02054 1.43012 1.16393 0.90013 0.46931 0.59929 0.58977 2.38490 1.81676 1.14447 1.40250 0.80447 1.44406 0.25754 0.16787 0.88544 1.22818 2.49485 2.94079 0.92294 1.65299 1.12287 2.72804 2.02678 2.69833 0.07460 0.90428 0.76566 0.99731 5.88749 0.75217 0.23546 1.11754 5.18758 0.17322 1.97716 0.35946 2,459,822 1,193,276 22,613,160 1,662,689 501,264 154,593 3,647,531 1,656,566 312,122 2,194,625 1,829,288 1,229,140 1,756,778 1,243,435 1,011,993 782,626 408,044 521,061 512,780 2,073,573 1,579,601 995,074 1,219,415 699,452 1,255,552 223,924 145,953 769,856 1,067,856 2,169,172 2,556,903 802,462 1,437,210 976,292 2,371,922 1,762,208 2,346,090 64,858 786,239 665,710 867,124 5,118,941 653,979 204,723 971,653 4,510,391 150,612 1,719,060 312,536 Fmt 4703 Sfmt 4725 $1,717,000 S86,946,000 100.00000 (24,739) 774,531 0.89082 0.00000 2.93049 1.45234 26.58478 2.02367 0.61009 0.18816 0.00000 3.63350 2.01622 0.18130 2.67109 2.22644 1.49599 2.13818 1.51339 0.96170 0.95254 0.49663 0.63419 0.62411 2.52376 1.91448 1.06085 1.48416 0.85131 1.51777 0.27254 0.17764 0.93700 1.29969 2.64011 2.42401 0.89595 1.74924 1.06585 2.68601 2.14479 2.35001 0.07894 0.79943 0.81024 0.72600 5.32570 0.79596 0.24917 0.90245 5.48962 0.12900 2.09228 0.38039 (78,331) 49,209 (720,101) 315,629 98,876 (1,271) 2,547,948 1,262,754 23,114,407 1,759,499 530,450 163,594 (116,153) (15,131) (9,939) 416,918 82,391 83,409 168,710 23,224 (32,226) (15,414) 79,158 134,380 148,336 (55,921) (50,301) (31,687) 234,052 70,924 (39,982) 33,031 30,363 166,866 18,834 594,204 (81,423) (25,554) 19,500 (31,089) (75,532) 276,288 (74,710) 4,145 (25,037) 55,112 (27,613) (163,()(19) 187,085 18,955 (30,942) (7,922) (4,796) 79,285 66,939 3,159,183 1,753,019 157,635 2,322,406 1,935,797 1,300,706 1,859,065 1,315,834 836,164 828,194 431,802 551,4()0 542,637 2,194,306 1,664,564 922,368 1,290,415 740,177 1,319,642 236,962 154,451 814,680 1,130,032 2,295,471 2,107,580 778,997 1,520,892 926,713 2,335,380 1,864,813 2,043,240 68,635 695,074 704,471 631,232 4,630,482 692,057 216,643 784,640 4,773,008 112,164 1,819,152 330,734 E:\FR\FM\10MYN1.SGM 10MYN1 EN10MY21.372</GPH> (5) Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices Suzan G. LeVine, Principal Deputy Assistant Secretary, Employment and Training, Labor. [FR Doc. 2021–09799 Filed 5–7–21; 8:45 am] BILLING CODE 4510–FN–C DEPARTMENT OF LABOR [Docket No. DOL–2021–09669] Privacy Act of 1974; System of Records Transition Assistance Program, Veterans’ Training and Employment Service, Department of Labor. ACTION: Notice of a new system of records. AGENCY: Employment Navigators will be located on-site at specific military installations. Their primary duty is to assist transitioning service members by finding suitable employment before the transition to the civilian workforce occurs. This can be done directly, or with assistance from an approved Veterans’ Employment and Training Service (VETS) partner entity. A cloudbased case management system is required to collect certain key data elements, including personally identifiable (PII) information, for the purposes of employment outcome analysis and return on investment calculations. Because of the nature of geographic spread of Employment Navigators, Transition Assistance Program (TAP) partners, and VETS staff, a cloud-based data entry and reporting system must be available to all users wherever internet access is available. The PII will be matched with external data sources, such as the National Directory of New Hires, to produce validated employment outcomes, as well as reducing burden on Employment Navigators to conduct follow-up assessments with services members or veterans. DATES: This System of Records Notice (SORN) is effective upon its publication in today’s Federal Register with the exception of the routine uses. The new routine uses will not be effective until June 9, 2021 pending public comment. Comments on the new routine uses or other aspects of the SORN must be submitted on or before June 9, 2021. ADDRESSES: Submit your comments by one of the following methods: Electronic Comments: Comments may be sent via email to SORN Murren.Luke@dol.gov. Mail: Address written submissions (including thumb drive and CD–ROM submissions) to U.S. DOL, VETS, and Attn: Luke Murren, 200 Constitution Avenue NW, Suite 2–1212, khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:05 May 07, 2021 Jkt 253001 and Washington, DC 20210. Instructions: Please submit only one copy of your comments by only one method. All submissions must include the agency’s name and the Docket Number DOL–2021–09669. Please be advised that comments received will become a matter of public record and will be posted without change to http:// www.regulations.gov, including any personal information provided. Comments that are mailed must be received by the date indicated for consideration. Docket: For access to the docket to read background documents or comments, go to the Federal eRulemaking Portal at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Request for additional information should be submitted to the email and physical address Electronic Comments: Comments may be sent via email to Murren.Luke@dol.gov attention Luke Murren. Mail: Address written submissions to U.S. DOL, VETS, and Attn: Luke Murren, 200 Constitution Avenue NW, Suite 2–1212, and Washington, DC 20210. You may also contact Luke Murren at his work number 202–693–4711 for additional information. SUPPLEMENTARY INFORMATION: The proposed system will be vital to safeguarding the information collected while receiving services from an Employment Navigator, or approved partner. This is a new DOL data collection system. SYSTEM NAME AND NUMBER: Employment Navigator Case Management System; DOL/VETS–7 SECURITY CLASSIFICATION: None. SYSTEM LOCATION: Primary location: Offices in various components within the U.S. Department of Labor, at the Frances Perkins Building, 200 Constitution Avenue NW, Washington, DC 20210, or other Department offices. Additionally, duplicate versions of some or all system information may also be at satellite locations where VETS has granted direct access to support VETS operations, system backup, emergency preparedness, and/or continuity of operations. To determine the location of particular program records, contact the system manager, listed in section ‘‘SYSTEM MANAGER’’ below. SYSTEM MANAGER(S): VETS Information Technology Director, U.S. Department of Labor/ PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 24895 Veterans’ Employment and Training Service (VETS), 200 Constitution Ave. NW, Room S–1212, Washington, DC 20210, Work: (202) 693–4712. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Defense Manpower Data Center Data Base, November 23, 2011, 76 FR 72391; 38 U.S.C. 4102, Job Counseling, Training, and Placement Service for Veterans; and 10 U.S.C. 1142, Preseparation Counselling; E.O. 9397. And pursuant to 10 U.S. Code § 1144 Employment assistance, job training assistance, and other transitional services: Department of Labor. The above referenced section requires DOL to ‘‘establish and maintain a program to furnish counseling, assistance in identifying employment and training opportunities, help in obtaining such employment and training, and other related information and services to members of the armed forces under the jurisdiction of the Secretary concerned who are being separated from active duty and the spouses of such members.’’ However, there is currently no way to measure the effectiveness or capture best practices of this requirement. Congress and the Office of Management and Budget have mentioned a great desire for DOL to be able to provide return-on-investment performance metrics for this program requirement. This requires analyzing data pertaining to all transitioning service members. The Department of Defense maintains this dataset, and will share the information with DOL through an established Memorandum of Understanding. PURPOSE(S) OF THE SYSTEM: The purpose of the proposed system is to enable transitioning service members and recently separated veterans’ assistance in finding the bestfit career as quickly as possible. The system will allow Employment Navigators and partners to capture necessary information for DOL to conduct employment outcome analysis. The case management/reporting system should have three separate functions, with three separate roles assigned to users. The first module will allow for Employment Navigators to enter individual record data for each participant (transitioning service member) into the system. This information will be personal characteristics, services offered, and/or referral information. The second module will be accessible by TAP partner entities who will provide information on services they provided, and outcomes such as job placements, occupation employed in, and wages E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24891-24895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09799]


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DEPARTMENT OF LABOR

Employment and Training Administration


Employment and Training Administration (ETA) Program Year (PY) 
2021 Workforce Innovation and Opportunity Act (WIOA) Section 167, 
National Farmworker Jobs Program (NFJP) Proposed Modifications to 
Allotment Formula

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: This Notice announces proposed modifications to the allotment 
formula for the National Farmworker Jobs Program (NFJP), which is 
authorized under the Workforce Innovation and Opportunity Act (WIOA), 
Section 167, and presents preliminary State planning estimates for 
Program Year (PY) 2021. These allotments are estimates based on the 
funds appropriated in the Consolidated Appropriations Act, 2021 (from 
this point forward will be referred to as the ``the Act''). The U.S. 
Department of Labor (DOL), Employment and Training Administration (ETA) 
will accept comments related to the allotment methodology, including 
modifications and the hold-harmless provision.

DATES: The PY 2021 NFJP allotments become effective for the grant 
period that begins July 1, 2021. Written comments on this notice are 
invited and must be received on or before May 24, 2021.

ADDRESSES: Comments are accepted via email to [email protected]. Please 
enter ``PY21 National Farmworker Jobs

[[Page 24892]]

Program Grantee Allotments Public Comment'' in the subject line of the 
email.

FOR FURTHER INFORMATION CONTACT: Questions on this notice can be 
submitted to the Employment and Training Administration, Office of 
Workforce Investment, Attention: Laura Iba[ntilde]ez, Unit Chief, (202) 
693-3645 or Steven Rietzke, Division Chief at (202) 693-3912, or at 
[email protected].
    Individuals with hearing or speech impairments may access the 
telephone numbers above via TTY by calling the toll-free Federal 
Information Relay Service at 1-877-889-5627 (TTY-TDD).

SUPPLEMENTARY INFORMATION: This notice is published according to 
Section 182(d) of the WIOA, Prompt Allotment of Funds. ETA developed 
the formula to distribute funds geographically by state service area, 
based on each state service area's relative share of persons eligible 
for the program. The formula's original methodology is described in the 
Federal Register notice 64 FR 27390, May 19, 1999. That information is 
accessible at https://www.federalregister.gov/. In PY 2018, ETA 
incorporated two modifications to the allotment formula to provide more 
accurate estimates of each state service area's relative share of 
persons eligible for the program. The formula also used updated data 
from each of the four data files serving as the basis of the formula 
since 1999. The revised formula methodology is described in the Federal 
Register notice 83 FR 32151, July 11, 2018.
    Beginning in PY 2021, ETA is making two modifications to the 
allotment formula. These modifications will improve the formula's 
accuracy in terms of estimating the true NFJP-eligible population in 
state service areas, and one of the modifications is necessitated by a 
recent statutory change to the NFJP eligibility criteria, which 
Congress enacted in the FY 2021 appropriation. Section II includes 
further explanation of these modifications. This Notice includes the 
following sections:
     Section II of this notice provides a discussion of the 
updated data that will be used to populate the formula and the proposed 
formula modifications.
     Section III describes the hold-harmless provision for the 
implementation year and the following years. The hold-harmless 
provision is designed to provide a staged transition from old to new 
shares of funding for State service areas.
     Section IV describes minimum funding provisions to address 
State service areas that would receive less than $60,000.
     Section V describes the application of the formula and the 
hold-harmless provision using preliminary planning estimates for PY 
2021.
    This notice represents the first of a two-stage process. Upon 
receipt of public comments regarding this notice related to the formula 
methodology and modifications, ETA will consider comments and finalize 
the formula methodology and results. In the second stage, ETA will 
publish the final formula and final allotment levels in the Federal 
Register.

I. Background

    The Department is announcing preliminary PY 2021 allotments for the 
National Farmworker Jobs Program (NFJP). This notice provides 
information on the amount of funds available during PY 2021 to state 
service areas awarded grants through Funding Opportunity Announcement 
FOA-ETA-20-08 for the NFJP Career Services and Training grants and 
Housing grants. Funds to implement NFJP are appropriated in the Act. In 
appropriating these funds, Congress provided $87,083,000 for formula 
grants (of which $86,946,000 was allotted after $137,000 was set aside 
for program integrity), $6,256,000 for migrant and seasonal farmworker 
housing (of which not less than 70 percent shall be for permanent 
housing), and another $557,000 was set aside for discretionary 
purposes. Included below is the table listing the preliminary PY 2021 
allotments for the NFJP Career Services and Training grants. Individual 
grants are awarded for Housing as a result of the grants competition 
and are further distributed according to language in the appropriations 
law requiring that of the total amount available, not less than 70 
percent shall be allocated to permanent housing activities, leaving not 
more than 30 percent to temporary housing activities.

II. Description of Data Files and Review of PY 2021 Modifications to 
the Allotment Formula

    As with all state planning estimates since 1999, the PY 2021 
estimates are based on four data sources: (1) State-level, 2017 hired 
farm labor expenditure data from the United States Department of 
Agriculture's (USDA) Census of Agriculture (COA); (2) regional-level, 
2017 average hourly earnings data from the USDA's Farm Labor Survey; 
(3) regional-level, 2010-2018 demographic data from the ETA's National 
Agricultural Workers Survey (NAWS); and, (4) 2015-2019 (5-year file) 
data from the United States Census Bureau's American Community Survey 
(ACS). A detailed description of how each data source is used within 
the formula is in the Federal Register notice 64 FR 27390, May 19, 
1999). In addition to populating the formula with updated data, ETA is 
proposing two modifications that will improve the formula's accuracy in 
terms of estimating the true NFJP-eligible population in state service 
areas, and one of the modifications is necessitated by the change to 
the NFJP eligibility criteria applicable to the PY 2021 appropriation.
    (1) First, the Act expands program eligibility for grants funded by 
the PY 2021 appropriation to include farmworkers who are in families 
with total family incomes at or below 150 percent of the poverty line. 
Previously, the definition of a low income individual in WIOA section 
3(36)(A)(ii) was based on whether the individual was in a family with a 
total family income that did not exceed the higher of the poverty line 
or 70 percent of the lower living standard income level. As noted 
above, a provision to expand program eligibility is included in the 
appropriations language for PY 2021. It applies to grant activities 
funded under the PY 2021 awards. Therefore, the PY 2021 allocations 
will use special tabulations of data from the American Community Survey 
(ACS) that reflect farmworkers with total family incomes at or below 
150 percent of the poverty line. ETA will subsequently revise the PY 
2022 guidance regarding the definition of ``low-income individual,'' as 
needed if the same provision is not included in subsequent 
appropriations.
    (2) Second, and to more closely align the formula with the 
definition of eligible migrant and seasonal farmworker under WIOA 
Section 167(i) and 20 CFR 685.110 and clarified in the Training and 
Employment Guidance Letter 18-16, ETA proposes modifying how the 
formula accounts for crop workers who are primarily employed in 
agriculture. Previously, for the formula, a crop worker was considered 
to be primarily employed in agriculture if (1) at least 50 percent of 
their total individual income was from farm work, and (2) if they 
worked at least 25 days or earned at least $800 in crop farm work in 
the previous 24 months. ETA proposes the formula consider a crop worker 
to be primarily employed in agriculture if at least 50 percent of their 
total individual income is from farm work or at least 50 percent of 
their total employment time is in farm work.\1\ As

[[Page 24893]]

with all state planning estimates since 1999, ETA will use NAWS data to 
determine the share of crop labor hours in each state that was 
performed by crop workers who were primarily employed in agriculture, 
per this eligibility criterion. This modification only applies to 
estimates of NFJP-eligible labor hours performed by crop workers, 
because the data that would be needed to similarly estimate NFJP-
eligible labor hours performed by animal agricultural (livestock) 
workers are not available. As with previous allocations of NFJP grant 
funds, updating the data sources used in the formula and modifying the 
NFJP eligibility criteria will result in changes in each state's 
relative share of funding. Therefore, ETA mitigates large changes in 
state allotments by using the StopLoss/StopGain provisions discussed in 
Section III.
---------------------------------------------------------------------------

    \1\ To determine ``primarily employed in agriculture'' criteria, 
which has two parts, ETA uses individual income from farm work.
---------------------------------------------------------------------------

III. Description of the Hold-Harmless Provision

    ETA is proposing to continue the hold-harmless provision as 
instituted in PY 2018. The updated data resulted in significant changes 
for a few states and the hold-harmless provision provides for a stop 
loss/stop gain limit to transition to the use of the updated data. This 
approach is based on a state service area's previous year's allotment 
percentage, which is its relative share of the total formula 
allotments. ETA will implement the staged transition of the hold-
harmless provision as follows:
    (1) In PY 2021, each state service area will receive an amount 
equal to at least 95 percent of their PY 2020 allotment percentage, as 
applied to the PY 2021 formula funds available;
    (2) In PY 2022, each state service area will receive an amount 
equal to at least 90 percent of their PY 2021 allotment percentage, as 
applied to the PY 2022 formula funds available;
    (3) In PY 2023, each state service area will receive an amount 
equal to at least 85 percent of their PY 2022 allotment percentage, as 
applied to the PY 2023 formula funds available.
    In PY 2021, 2022, and 2023, the stop gain provision provides that 
no state service area will receive an amount that is more than 150 
percent of their previous year's allotment percentage.
    In PY 2024, since the Department has a responsibility to use the 
most current and reliable data available, amounts for the new awards 
will be based on updated data from the sources described in Section II, 
pending their availability. At that time, the Department will determine 
whether the changes to state allotments are significant enough to 
warrant another hold-harmless provision. Otherwise, allotments to each 
state service area will be for an amount resulting from a direct 
allotment of the proposed funding formula without adjustment.

IV. Minimum Funding Provisions

    A state area that would receive less than $60,000 by application of 
the formula will, at the option of the DOL, receive no allotment or, if 
practical, be combined with another adjacent state area. Funding below 
$60,000 is deemed insufficient for sustaining an independently 
administered program. However, if practical, a state jurisdiction that 
would receive less than $60,000 may be combined with another adjacent 
state area.

V. Program Year 2021 Preliminary State Allotments

    The state allotments set forth in the Table appended to this notice 
reflect the distribution resulting from the allotment formula described 
above. For PY 2020, $91,896,000 was appropriated for migrant and 
seasonal farmworker programs, of which $85,229,000 was appropriated for 
training grants and allotted based on the PY 2018 formula updates. The 
remaining $6,122,000 of the PY 2020 appropriation was retained to fund 
housing grants, and $545,000 was retained for Training and Technical 
Assistance. The figures in the first numerical column show the actual 
PY 2020 formula allotments to state service areas. The next column 
shows the percentage share of each allotment to the total available.
    For PY 2021, the funding level provided for in the Act for the 
migrant and seasonal farmworker program is $93,896,000 of which 
$87,083,000 was appropriated for training grants. After allowable funds 
are set aside for program integrity ($137,000), the Department will 
allot $86,946,000 for training grants based on the formula and data 
outlined in this notice. For purposes of illustrating the effects of 
the updates to the allotment formula, columns 3 and 4 show the state 
service area allotments with the application of the first-year (95 
percent) hold-harmless and minimum funding provisions, followed by the 
percentages. The difference between PY 2021 and PY 2020 allotments is 
shown in column 5. Column 6 of the Table shows the allotments based on 
the proposed formula without the application of the hold-harmless or 
minimum funding provisions. The percentages are reported in column 7.
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[[Page 24895]]


Suzan G. LeVine,
Principal Deputy Assistant Secretary, Employment and Training, Labor.
[FR Doc. 2021-09799 Filed 5-7-21; 8:45 am]
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