Senior Community Service Employment Program Conforming Changes to the Supporting Older Americans Act of 2020-Updated Guidance on Priority of Service, Durational Limits and State Plan Submissions, 8186-8190 [2022-02680]
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Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations
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[FR Doc. 2022–03029 Filed 2–11–22; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF LABOR
Employment and Training
Administration
20 CFR Part 641
[Docket No. ETA–2022–0002]
RIN 1205–AC04
Senior Community Service
Employment Program Conforming
Changes to the Supporting Older
Americans Act of 2020—Updated
Guidance on Priority of Service,
Durational Limits and State Plan
Submissions
Employment and Training
Administration, Labor.
ACTION: Direct final rule; technical
amendments.
AGENCY:
The Employment and
Training Administration (ETA) of the
Department of Labor (Department) is
issuing this direct final rule (DFR)
amending the Senior Community
Service Employment Program (SCSEP)
regulations to conform with changes in
the Supporting Older Americans Act of
2020 regarding individuals who have
been incarcerated within the last 5
years. Consistent with the Act, the rule
adds this category of individuals to the
priority groups; adds this category of
individuals to the list of categories
grantees may choose from to make
eligible for increased periods of
participation; includes people in this
category within the definition of the
term ‘‘individuals with barriers to
employment’’; and requires that
grantees identify and report on the
relative distribution of these individuals
in the State Plan.
DATES: This DFR is effective April 15,
2022 without further action unless
significant adverse comment is
submitted by March 16, 2022. If the
Department receives significant adverse
comment, the Agency will publish a
timely withdrawal in the Federal
Register informing the public that this
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SUMMARY:
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DFR will not take effect. Comments to
this DFR must be submitted by March
16, 2022 All submissions must be made
by the close of the comment period.
ADDRESSES: You may submit comments
electronically identified by Regulatory
Identification Number (RIN) 1205–AC04
by the following method:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions on the website for
submitting comments.
Instructions: Include the agency’s
name and docket number ETA–2022–
0002 in your comments. All comments
received will become a matter of public
record and will be posted without
change to https://www.regulations.gov.
Please do not include any personally
identifiable or confidential business
information that you do not want
publicly disclosed.
FOR FURTHER INFORMATION CONTACT:
Steven Rietzke, Chief, Division of
National Programs, Tools and Technical
Assistance, Office of Workforce
Investment, at 202–693–3980. (This is
not a toll-free number.)
SUPPLEMENTARY INFORMATION:
Preamble Table of Contents
I. Background
II. Consideration of Comments
III. Publication as a Direct Final Rule
IV. Section-by-Section Discussion of Changes
V. Rulemaking Analyses and Notices
I. Background
The SCSEP, authorized by title V of
the Older Americans Act of 1965 (OAA)
and most recently reauthorized in 2020,
is the only federally sponsored
employment and training program
targeted specifically to low-income,
older individuals who want to enter or
reenter the workforce. The program
provides subsidized work experience
training for low-income persons 55
years or older who are unemployed and
have poor employment prospects. The
dual goals of the program are to promote
useful community service employment
activities and to move SCSEP
participants into unsubsidized
employment so that they can achieve
economic self-sufficiency.
In the Supporting Older Americans
Act of 2020, Public Law 116–131 (the
Act), Congress amended title V of the
OAA to make certain changes to the
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SCSEP that would take effect 1 year
from the March 25, 2020, enactment of
the Act, i.e., March 25, 2021. First, the
Act makes an individual who ‘‘has been
incarcerated within the last 5 years or is
under supervision following release
from prison or jail within the last 5
years’’ eligible for priority of service
over those individuals who meet only
the basic SCSEP eligibility criteria
related to age, income, and employment.
Public Law 116–131, sec.
401(a)(3)(B)(iii); 42 U.S.C.
3056p(b)(2)(H). Second, the Act adds
individuals who ‘‘have been
incarcerated within the last 5 years or
are under supervision following release
from prison or jail within the last 5
years,’’ to the list of categories for which
the Department is required to authorize
any SCSEP grantee to provide an
increased period of participation if the
relevant SCSEP grantee has made such
a request. Public Law 116–131, sec.
401(a)(3)(A)(iii); 42 U.S.C.
3056p(a)(3)(B)(ii)(VI). Third, the Act
revises the definition of ‘‘individuals
with barriers to employment’’ to include
‘‘eligible individuals who have been
incarcerated or are under supervision
following release from prison or jail.’’
Public Law 116–131, sec. 401(a)(2); 42
U.S.C. 3056l(e)(1). Finally, the Act
requires State Plans to identify and
address the relative distribution of
‘‘eligible individuals who have been
incarcerated within the last 5 years or
are under supervision following release
from prison or jail within the last 5
years.’’ Public Law 116–131, sec.
401(a)(1)(C); 42 U.S.C. 3056a(a)(4)(C)(v).
In this DFR, the Department is
incorporating the statutory changes
described above into the SCSEP
program regulations at 20 CFR part 641.
II. Consideration of Comments
The Department will consider
comment on issues related to this
action. If the Department receives no
significant adverse comment, the
Department will publish a Federal
Register document confirming the
effective date of the DFR and
withdrawing the companion notice of
proposed rulemaking (NPRM) published
elsewhere in this issue of the Federal
Register. Such confirmation may
include minor stylistic or technical
changes to the DFR. For the purpose of
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judicial review, the Department views
the date of confirmation of the effective
date of the DFR as the date of
promulgation.
III. Publication as a Direct Final Rule
In direct final rulemaking such as
this, the Department is publishing a
DFR which will go into effect unless the
Department receives significant adverse
comment within the comment period.
The Department is also concurrently
publishing a virtually identical NPRM.
The Department plans to confirm the
date that this DFR goes into effect
through a separate Federal Register
document. If the Department receives a
significant adverse comment, it will
withdraw this DFR and treat such
comment as a response to the NPRM.
For purposes of this DFR, a significant
adverse comment is one that explains:
(1) Why the DFR is inappropriate,
including challenges to its underlying
premise or approach; or (2) why the
DFR will be ineffective or unacceptable
without a change. In determining
whether a comment necessitates
withdrawal of this DFR, the Department
will consider whether the comment
raises an issue serious enough to
warrant a substantive response. The
Department 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,
the Department is publishing an NPRM
in the Federal Register. The comment
period for the NPRM runs concurrently
with that of the DFR. The Department
will treat comments received on the
companion NPRM as comments on the
DFR. Similarly, the Department will
consider comments submitted to the
DFR as comments to the companion
NPRM. Therefore, if the Department
receives a significant adverse comment
on either this DFR or the NPRM, it will
withdraw this DFR and proceed with
the companion NPRM. In the event the
Department withdraws the DFR because
of significant adverse comment, the
Department will consider all timely
comments received in response to the
DFR when it continues with the NPRM.
After considering all comments to the
DFR and the NPRM, the Department
will decide whether to publish a new
final rule or confirm the date that this
DFR goes into effect through a separate
Federal Register document.
The Department has determined that
the subject of this rule is suitable for
DFR because the Administrative
Procedure Act authorizes an agency to
issue a rule without notice and
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comment when, as here, ‘‘the agency for
good cause finds (and incorporates the
finding and a brief statement of reasons
therefore in the rules issued) that notice
and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest.’’ 5 U.S.C.
553(b)(B). The Department for good
cause finds that notice and comment
rulemaking would be unnecessary
because this DFR almost entirely makes
conforming amendments to the SCSEP
program regulations to align with
changes required by the Act, which
have already become effective.
Accordingly, no significant adverse
comments are anticipated.
IV. Section-by-Section Discussion of
Changes
The Department is making the
following changes to implement the
provisions of the Act. First, the
Department is revising § 641.140 to
define formerly incarcerated individuals
as individuals who ‘‘were incarcerated
at any point within the last 5 years,’’ or
‘‘were under supervision at any point
within the last 5 years, following release
from prison or jail.’’ The definition also
specifies that the referenced 5-year
period means the 5 years preceding the
date of first determination of program
eligibility, as described in § 641.505, for
initial enrollment into the program. The
current regulation does not include a
definition of formerly incarcerated
individuals, but the Department is
defining the term in this DFR based
upon language provided in the Act,
which makes an individual who ‘‘has
been incarcerated within the last 5 years
or is under supervision following
release from prison or jail within the
last 5 years’’ eligible for priority
enrollment. Public Law 116–131, sec.
401(a)(3)(B)(iii); 42 U.S.C.
3056p(b)(2)(H). The definition included
in this DFR also contains an explanation
of the meaning of the 5-year period
specified in the Act in order to clarify
the meaning of the phrase ‘‘within the
last 5 years.’’ The Act is silent about
how to calculate the 5-year period. The
Department has determined that
connecting this date to the individual’s
possible participation in the SCSEP
program aligns with the intent of the
amendments and that using the ‘‘date of
first determination of program
eligibility’’ as described in § 641.505
provides a readily available date for
grantees to reference when determining
individuals’ eligibility for the program.
The Department is also revising
§ 641.140 to include ‘‘formerly
incarcerated individuals’’ in the
definition of ‘‘most-in-need.’’ The
existing definition of most-in-need is
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made up of all the categories of
individuals for whom the grantees may
request be made eligible for increased
periods of participation (the list is at 42
U.S.C. 3056p(a)(3)(B)(ii)) and the
categories of individuals who receive
priority enrollment (the list in 42 U.S.C.
3056p(b)(2)). Under sec. 401(a)(3) of the
Act, individuals eligible for increased
periods of participation now include
individuals who ‘‘have been
incarcerated within the last 5 years or
are under supervision following release
from prison or jail within the last 5
years,’’ and the priority of service list
now includes individuals who ‘‘ha[ve]
been incarcerated within the last 5 years
or [are] under supervision following
release from prison or jail within the
last 5 years.’’ Consistent with the Act’s
addition of ‘‘formerly incarcerated
individuals’’ to these two lists, the
Department is adding ‘‘are formerly
incarcerated as defined in this section’’
to the § 641.140 definition of ‘‘most-inneed.’’ For purposes of clarity, the
Department also has restructured the
definition of ‘‘most-in-need’’ to present
the list of most-in-need individuals as a
numbered list.
Similarly, based on amendments
made in the Act, the Department is
revising § 641.325(b) to comply with the
Act’s requirement that the State Plan
identify and address the relative
distribution of ‘‘eligible individuals who
have been incarcerated within the last 5
years or are under supervision following
release from prison or jail within the
last 5 years.’’ Public Law 116–131, sec.
401(a)(1)(C); 42 U.S.C. 3056a(a)(4)(C)(v).
Currently, § 641.325(b) lists information
that must be included in the State Plan,
including the relative distribution of
certain individuals eligible for the
program. Pursuant to the Act’s
requirement, see 42 U.S.C.
3056a(a)(4)(C)(v), the Department is
revising § 641.325(b) to add ‘‘[e]ligible
individuals who are formerly
incarcerated individuals as defined in
§ 641.140’’ to the list of eligible
individuals on whom the State Plan
must provide information regarding
relative distribution.
Additionally, the Department is
revising §§ 641.420 and 641.520 to
incorporate the Act’s requirement that
eligible individuals who ‘‘[have] been
incarcerated within the last 5 years or
[are] under supervision following
release from prison or jail within the
last 5 years’’ receive priority enrollment.
Public Law 116–131, sec.
401(a)(3)(B)(iii); 42 U.S.C.
3056p(b)(2)(H). Paragraphs (a)(1)
through (8) of § 641.520 list the
characteristics that grantees and subrecipients must consider when
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determining whether to provide eligible
individuals with priority. Pursuant to
the Act, see 42 U.S.C. 3056p(b)(2)(H),
the Department is revising this list to
include new paragraph (a)(9), which
provides priority to individuals who are
formerly incarcerated individuals, as
defined in § 641.140. Accordingly, the
Department is also making a minor
technical change to § 641.420(e) to
update the reference to § 641.520(a) to
account for the addition of paragraph
(a)(9) in § 641.520.
The Department is also revising
§§ 641.570 and 641.710 to integrate the
Act’s requirement that the Secretary
authorize a grantee to increase the
period of participation for individuals
who ‘‘have been incarcerated within the
last 5 years or are under supervision
following release from prison or jail
within the last 5 years.’’ Public Law
116–131, sec. 401(a)(3)(A)(iii); 42 U.S.C.
3056p(a)(3)(B)(ii)(VI). Existing SCSEP
regulations at § 641.570(b) list the
categories of individuals for whom the
Department will provide increased
periods of participation if requested by
the grantee. Pursuant to the Act, the
Department has added new paragraph
(b)(6), which states that individuals who
are formerly incarcerated individuals, as
defined in § 641.140 are, upon a
grantee’s request, eligible for an
extended period of individual
participation. Additionally, existing
SCSEP regulations at § 641.710 define
core performance measures, including
‘‘service to the [m]ost-in-need’’
(§ 641.710(g)). Consistent with the
change to the most-in-need definition at
§ 641.140, discussed above, the
Department has added new paragraph at
§ 641.710(g)(14) to include individuals
who ‘‘[a]re formerly incarcerated
individuals as defined in § 641.140’’ to
the list of individuals characterized as
most-in-need. See Public Law 116–131,
sec. 401(a)(3); 42 U.S.C.
3056p(a)(3)(B)(ii)(IV), (b)(2)(H).
Finally, sec. 401(a)(2) of the Act
revises the definition of ‘‘individuals
with barriers to employment’’ in the
OAA to include ‘‘eligible individuals
who have been incarcerated or are
under supervision following release
from prison or jail.’’ Public Law 116–
131, sec. 401(a)(2); 42 U.S.C. 3056l(e)(1).
This section of the OAA requires certain
national SCSEP grantees to give special
consideration to selecting subgrantee
organizations with demonstrated
expertise in serving individuals with
barriers to employment. Paragraph (d) of
§ 641.881(d) is the corresponding
regulatory provision to implement this
section of the OAA, stating that for
purposes of this section, the term
‘‘individuals with barriers to
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employment’’ includes ‘‘minority
individuals, Indian individuals,
individuals with greatest economic
need, and most-in-need individuals.’’
The Department notes that because the
existing regulatory text in § 641.881(d)
references ‘‘most-in-need individuals,’’
the regulatory text does not require
change to align with the Act. The
changes explained above that add
formerly incarcerated individuals to the
most-in-need definition at § 641.140 and
to the list of most-in-need individuals at
§ 641.710(g) have the effect of including
formerly incarcerated individuals in the
reference to most-in-need individuals in
the existing definition of barriers to
employment at § 641.881(d)(2).
V. Rulemaking Analyses and Notices
Regulatory Flexibility Analysis,
Executive Order 13272, Small Business
Regulatory Enforcement Fairness Act
The Regulatory Flexibility Act (RFA),
5 U.S.C. 601 et seq., requires the
Department to evaluate the economic
impact of this rule with regard to small
entities. The RFA defines small entities
to include small businesses, small
organizations including not-for-profit
organizations, and small governmental
jurisdictions. The Department must
determine whether the rule imposes a
significant economic impact on a
substantial number of such small
entities.
There are 77 SCSEP grantees; 50 of
these are States and are not small
entities as defined by the RFA. Six
grantees are governmental jurisdictions
other than States (four grantees are
territories, such as Guam; one grantee is
Washington, DC; and another grantee is
Puerto Rico). Governmental
jurisdictions must have a population of
less than 50,000 to qualify as a small
entity for RFA purposes and the
population of these 6 SCSEP grantees
each exceeds 50,000. The remaining 21
grantees are non-profit organizations,
which includes some large, national
non-profit organizations.
The Department has determined that
this DFR will impose a negligible
additional burden on small entities.
SCSEP grantees already review their
policies on a regular basis to align with
guidance and the activities related to
this DFR will only add one more item
to consider during these activities.
SCSEP grantees also already determine
eligibility on a regular basis and the
additional population category is only
an additional factor to consider.
Whatever negligible costs that the new
regulation requires of SCSEP grantees is
covered by SCSEP administrative costs
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and programmatic activity costs
funding.
The Department certifies that this
DFR does not impose a significant
economic impact on a substantial
number of small entities.
Executive Orders 12866 and 13563
Under Executive Order (E.O.) 12866,
Office of Management and Budget’s
(OMB’s) Office of Information and
Regulatory Affairs determines whether a
regulatory action is significant and,
therefore, subject to the requirements of
the Executive order and review by OMB.
58 FR 51735 (Oct. 4, 1993).
Section 3(f) of E.O. 12866 defines a
‘‘significant regulatory action’’ as an
action that is likely to result in a rule
that: (1) Has an annual effect on the
economy of $100 million or more, or
adversely affects in a material way a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local or
tribal governments or communities (also
referred to as economically significant);
(2) creates serious inconsistency or
otherwise interferes with an action
taken or planned by another agency; (3)
materially alters the budgetary impacts
of entitlement grants, user fees, or loan
programs, or the rights and obligations
of recipients thereof; or (4) raises novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the E.O. Id.
OMB has determined that this DFR is
not a ‘‘significant regulatory action’’
under sec. 3(f) of E.O. 12866.
E.O. 13563 directs agencies to propose
or adopt a regulation only upon a
reasoned determination that its benefits
justify its costs; it is tailored to impose
the least burden on society, consistent
with achieving the regulatory objectives;
and in choosing among alternative
regulatory approaches, the agency has
selected those approaches that
maximize net benefits. E.O. 13563
recognizes that some benefits are
difficult to quantify and provides that,
where appropriate and permitted by
law, agencies may consider and discuss
qualitatively values that are difficult or
impossible to quantify, including
equity, human dignity, fairness, and
distributive impacts.
OMB waived review of this
rulemaking because it is not a
significant regulatory action.
Paperwork Reduction Act
This DFR is not subject to the
requirements of the Paperwork
Reduction Act of 1995 (PRA 95) (44
U.S.C. 3501 et seq.) because it does not
contain a collection of information as
defined in 44 U.S.C. 3502(3). The
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Department previously submitted to
OMB revision requests to the three
information collections affected by the
statute in this DFR, which were
subsequently approved by OMB. See
Information Collection Request (ICR)
Reference Numbers 202112–1205–003
(OMB Control Number 1205–0521),
202108–1205–007 (OMB Control
Number 1205–0040), and 202103–1205–
001 (OMB Control Number 1205–0448).
Unfunded Mandates Reform Act
For purposes of the Unfunded
Mandates Reform Act of 1995, this rule
does not include any Federal mandate
that may result in increased
expenditures by State, local, and tribal
governments in the aggregate of more
than $100 million, or increased
expenditures by the private sector of
more than $100 million.
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Executive Order 13132
The Department has reviewed this
rule in accordance with E.O. 13132
regarding federalism and has
determined that it does not have
‘‘federalism implications.’’ The rule
does not ‘‘have substantial direct effects
on the States, on the relationship
between the [N]ational [G]overnment
and the States, or on the distribution of
power and responsibilities among the
various levels of government.’’ This DFR
updates, defines, and implements
eligibility requirements, waiver factors,
and performance measures for the
SCSEP. While States are SCSEP
grantees, this rule merely makes minor
changes to currently ongoing data
collection processes. Requiring State
grantees to implement these changes
does not constitute a ‘‘substantial direct
effect’’ on the States, nor will it alter the
relationship or responsibilities between
the Federal and State governments.
Privacy Act
The Privacy Act of 1974, 5 U.S.C.
552a, provides safeguards to individuals
concerning their personal information
that the Government collects. The
Privacy Act requires certain actions by
an agency that collects information on
individuals when that information
contains personally identifiable
information, such as Social Security
numbers (SSNs) or names. Because
SCSEP participant records are
maintained by SSN, the Privacy Act
applies here.
A key concern is for the protection of
participant SSNs. Grantees must collect
the SSN in order to pay participants
properly for their community service
work in host agencies. When grantees
send participant files to the Department
for aggregation, the transmittal is
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protected by secure encryption. When
participant files are retrieved within the
internet-based SCSEP data management
system, only the last four digits of the
SSN are displayed. Any information
that is shared or made public is
aggregated by grantee and does not
reveal personal information on specific
individuals.
The Department works diligently to
ensure the highest level of security
whenever personally identifiable
information is stored or transmitted. All
contractors that have access to
individually identifying information are
required to provide assurances that they
will respect and protect the
confidentiality of the data. The
Department’s Office the Chief
Information Officer has been an active
participant in the development and
approval of data security measures.
In addition to the above, the
Department provides a Privacy Act
Statement to grantees for distribution to
all participants. The Department
advised grantees of the requirement in
Training and Employment Guidance
Letter No. 39–11 (June 28, 2012).
Participants receive this information
when they meet with a caseworker or
intake counselor. When the Department
monitors the programs, implementation
of this term is included in the reviews.
Amended Regulatory Text
List of Subjects in 20 CFR Part 641
Administrative practice and
procedure, Aged, Employment, Equal
employment opportunity, Government
contracts, Grant programs—labor,
Reporting and recordkeeping
requirements.
For the reasons discussed in the
preamble, the Department amends 20
CFR part 641 as follows:
PART 641—PROVISIONS GOVERNING
THE SENIOR COMMUNITY SERVICE
EMPLOYMENT PROGRAM
1. The authority citation for part 641
is revised to read as follows:
■
Authority: 42 U.S.C. 3056–3056p.
Subpart A—Purpose and Definitions
2. Amend § 641.140 by adding the
definition of Formerly incarcerated
individuals in alphabetical order and
revising the definition of Most-in-need
to read as follows:
■
§ 641.140
part?
What definitions apply to this
*
*
*
*
*
Formerly incarcerated individuals
mean:
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(1) Individuals who were incarcerated
at any point within the last 5 years; or
(2) Individuals who were under
supervision at any point within the last
5 years, following release from prison or
jail.
(3) The 5-year period specified in this
definition refers to the 5 years preceding
the date of first determination of
program eligibility, as described in
§ 641.505, for initial enrollment into the
program.
*
*
*
*
*
Most-in-need means participants with
one or more of the following
characteristics (OAA sec. 513(b)(1)(F)):
(1) Have a severe disability;
(2) Are frail;
(3) Are age 75 or older;
(4) Are age-eligible but not receiving
benefits under title II of the Social
Security Act;
(5) Reside in an area with persistent
unemployment and have severely
limited employment prospects;
(6) Have limited English proficiency;
(7) Have low literacy skills;
(8) Have a disability;
(9) Reside in a rural area;
(10) Are veterans;
(11) Have low employment prospects;
(12) Have failed to find employment
after using services provided under title
I of the Workforce Innovation and
Opportunity Act;
(13) Are homeless or at risk for
homelessness; or
(14) Are ‘‘formerly incarcerated’’ as
defined in this section.
*
*
*
*
*
Subpart C—The State Plan
3. Amend § 641.325 by revising
paragraphs (b)(4) and (5) and adding
paragraph (b)(6) to read as follows:
■
§ 641.325 What information must be
provided in the State Plan?
*
*
*
*
*
(b) * * *
(4) Eligible individuals who are
limited English proficient;
(5) Eligible individuals who have the
greatest social need; and
(6) Eligible individuals who are
formerly incarcerated individuals as
defined in § 641.140;
*
*
*
*
*
Subpart D—Grant Application and
Responsibility Review Requirements
for State and National SCSEP Grants
4. Amend § 641.420 by revising
paragraph (e) to read as follows:
■
§ 641.420 What are the eligibility criteria
that each applicant must meet?
*
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*
14FER1
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8190
Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations
(e) An ability to move participants
with multiple barriers to employment,
including individuals described in
§ 641.570(b) or § 641.520(a)(2) through
(9), into unsubsidized employment;
*
*
*
*
*
Food and Drug Administration,
Department of Health and Human
Services (HHS).
ACTION: Final amendment; final order.
AGENCY:
§ 641.520 Are there any priorities that
grantees and sub-recipients must use in
selecting eligible individuals for
participation in the Senior Community
Service Employment Program?
§ 641.570 Is there a time limit for
participation in the program?
*
*
*
*
*
(b) * * *
(4) Live in an area with persistent
unemployment and are individuals with
severely limited employment prospects;
(5) Have limited English proficiency
or low literacy skills; or
(6) Are formerly incarcerated
individuals as defined in § 641.140.
*
*
*
*
*
Subpart G—Performance
Accountability
7. Amend § 641.710 by revising
paragraphs (g)(12) and (13) and adding
paragraph (g)(14) to read as follows:
■
§ 641.710 How are the performance
measures defined?
jspears on DSK121TN23PROD with RULES1
*
*
*
*
(g) * * *
(12) Have failed to find employment
after utilizing services provided under
title I of the Workforce Innovation and
Opportunity Act;
(13) Are homeless or at risk for
homelessness; or
(14) Are formerly incarcerated
individuals as defined in § 641.140.
BILLING CODE 4510–FN–P
VerDate Sep<11>2014
16:05 Feb 11, 2022
Jkt 256001
The Food and Drug
Administration (FDA or we) is
classifying the adjunctive predictive
cardiovascular indicator into class II
(special controls). The special controls
that apply to the device type are
identified in this order and will be part
of the codified language for the
adjunctive predictive cardiovascular
indicator’s classification. We are taking
this action because we have determined
that classifying the device into class II
(special controls) will provide a
reasonable assurance of safety and
effectiveness of the device. We believe
this action will also enhance patients’
access to beneficial innovative devices.
DATES: This order is effective February
14, 2022. The classification was
applicable on March 16, 2018.
FOR FURTHER INFORMATION CONTACT:
Aneesh Deoras, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 2564, Silver Spring,
MD 20993–0002, 240–402–4363,
Aneesh.Deoras@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
(a) * * *
(7) Have failed to find employment
after using services provided through
the one-stop delivery system;
(8) Are homeless or are at risk for
homelessness; or
(9) Are formerly incarcerated
individuals as defined in § 641.140.
(OAA sec. 518(b).)
*
*
*
*
*
■ 6. Amend § 641.570 by revising
paragraphs (b)(4) and (5) and adding
paragraph (b)(6) to read as follows:
[FR Doc. 2022–02680 Filed 2–11–22; 8:45 am]
21 CFR Part 870
Medical Devices; Cardiovascular
Devices; Classification of the
Adjunctive Predictive Cardiovascular
Indicator
5. Amend § 641.520 by revising the
section heading and paragraphs (a)(7)
and (8) and adding paragraph (a)(9) to
read as follows:
■
Angela Hanks,
Acting Assistant Secretary for Employment
and Training, Labor.
Food and Drug Administration
[Docket No. FDA–2021–N–0999]
Subpart E—Services to Participants
*
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
I. Background
Upon request, FDA has classified the
adjunctive predictive cardiovascular
indicator as class II (special controls),
which we have determined will provide
a reasonable assurance of safety and
effectiveness. In addition, we believe
this action will enhance patients’ access
to beneficial innovation, by placing the
device into a lower device class than the
automatic class III assignment.
The automatic assignment of class III
occurs by operation of law and without
any action by FDA, regardless of the
level of risk posed by the new device.
Any device that was not in commercial
distribution before May 28, 1976, is
automatically classified as, and remains
within, class III and requires premarket
approval unless and until FDA takes an
action to classify or reclassify the device
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
(see 21 U.S.C. 360c(f)(1)). We refer to
these devices as ‘‘postamendments
devices’’ because they were not in
commercial distribution prior to the
date of enactment of the Medical Device
Amendments of 1976, which amended
the Federal Food, Drug, and Cosmetic
Act (FD&C Act).
FDA may take a variety of actions in
appropriate circumstances to classify or
reclassify a device into class I or II. We
may issue an order finding a new device
to be substantially equivalent under
section 513(i) of the FD&C Act (see 21
U.S.C. 360c(i)) to a predicate device that
does not require premarket approval.
We determine whether a new device is
substantially equivalent to a predicate
device by means of the procedures for
premarket notification under section
510(k) of the FD&C Act (21 U.S.C.
360(k)) and part 807 (21 CFR part 807).
FDA may also classify a device
through ‘‘De Novo’’ classification, a
common name for the process
authorized under section 513(f)(2) of the
FD&C Act. Section 207 of the Food and
Drug Administration Modernization Act
of 1997 (Pub. L. 105–115) established
the first procedure for De Novo
classification. Section 607 of the Food
and Drug Administration Safety and
Innovation Act (Pub. L. 112–144)
modified the De Novo application
process by adding a second procedure.
A device sponsor may utilize either
procedure for De Novo classification.
Under the first procedure, the person
submits a 510(k) for a device that has
not previously been classified. After
receiving an order from FDA classifying
the device into class III under section
513(f)(1) of the FD&C Act, the person
then requests a classification under
section 513(f)(2).
Under the second procedure, rather
than first submitting a 510(k) and then
a request for classification, if the person
determines that there is no legally
marketed device upon which to base a
determination of substantial
equivalence, that person requests a
classification under section 513(f)(2) of
the FD&C Act.
Under either procedure for De Novo
classification, FDA is required to
classify the device by written order
within 120 days. The classification will
be according to the criteria under
section 513(a)(1) of the FD&C Act.
Although the device was automatically
placed within class III, the De Novo
classification is considered to be the
initial classification of the device.
We believe this De Novo classification
will enhance patients’ access to
beneficial innovation. When FDA
classifies a device into class I or II via
the De Novo process, the device can
E:\FR\FM\14FER1.SGM
14FER1
]]>Agencies
[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Rules and Regulations]
[Pages 8186-8190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02680]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 641
[Docket No. ETA-2022-0002]
RIN 1205-AC04
Senior Community Service Employment Program Conforming Changes to
the Supporting Older Americans Act of 2020--Updated Guidance on
Priority of Service, Durational Limits and State Plan Submissions
AGENCY: Employment and Training Administration, Labor.
ACTION: Direct final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: The Employment and Training Administration (ETA) of the
Department of Labor (Department) is issuing this direct final rule
(DFR) amending the Senior Community Service Employment Program (SCSEP)
regulations to conform with changes in the Supporting Older Americans
Act of 2020 regarding individuals who have been incarcerated within the
last 5 years. Consistent with the Act, the rule adds this category of
individuals to the priority groups; adds this category of individuals
to the list of categories grantees may choose from to make eligible for
increased periods of participation; includes people in this category
within the definition of the term ``individuals with barriers to
employment''; and requires that grantees identify and report on the
relative distribution of these individuals in the State Plan.
DATES: This DFR is effective April 15, 2022 without further action
unless significant adverse comment is submitted by March 16, 2022. If
the Department 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. Comments to this DFR must be
submitted by March 16, 2022 All submissions must be made by the close
of the comment period.
ADDRESSES: You may submit comments electronically identified by
Regulatory Identification Number (RIN) 1205-AC04 by the following
method:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions on the website for submitting comments.
Instructions: Include the agency's name and docket number ETA-2022-
0002 in your comments. All comments received will become a matter of
public record and will be posted without change to https://www.regulations.gov. Please do not include any personally identifiable
or confidential business information that you do not want publicly
disclosed.
FOR FURTHER INFORMATION CONTACT: Steven Rietzke, Chief, Division of
National Programs, Tools and Technical Assistance, Office of Workforce
Investment, at 202-693-3980. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION:
Preamble Table of Contents
I. Background
II. Consideration of Comments
III. Publication as a Direct Final Rule
IV. Section-by-Section Discussion of Changes
V. Rulemaking Analyses and Notices
I. Background
The SCSEP, authorized by title V of the Older Americans Act of 1965
(OAA) and most recently reauthorized in 2020, is the only federally
sponsored employment and training program targeted specifically to low-
income, older individuals who want to enter or reenter the workforce.
The program provides subsidized work experience training for low-income
persons 55 years or older who are unemployed and have poor employment
prospects. The dual goals of the program are to promote useful
community service employment activities and to move SCSEP participants
into unsubsidized employment so that they can achieve economic self-
sufficiency.
In the Supporting Older Americans Act of 2020, Public Law 116-131
(the Act), Congress amended title V of the OAA to make certain changes
to the SCSEP that would take effect 1 year from the March 25, 2020,
enactment of the Act, i.e., March 25, 2021. First, the Act makes an
individual who ``has been incarcerated within the last 5 years or is
under supervision following release from prison or jail within the last
5 years'' eligible for priority of service over those individuals who
meet only the basic SCSEP eligibility criteria related to age, income,
and employment. Public Law 116-131, sec. 401(a)(3)(B)(iii); 42 U.S.C.
3056p(b)(2)(H). Second, the Act adds individuals who ``have been
incarcerated within the last 5 years or are under supervision following
release from prison or jail within the last 5 years,'' to the list of
categories for which the Department is required to authorize any SCSEP
grantee to provide an increased period of participation if the relevant
SCSEP grantee has made such a request. Public Law 116-131, sec.
401(a)(3)(A)(iii); 42 U.S.C. 3056p(a)(3)(B)(ii)(VI). Third, the Act
revises the definition of ``individuals with barriers to employment''
to include ``eligible individuals who have been incarcerated or are
under supervision following release from prison or jail.'' Public Law
116-131, sec. 401(a)(2); 42 U.S.C. 3056l(e)(1). Finally, the Act
requires State Plans to identify and address the relative distribution
of ``eligible individuals who have been incarcerated within the last 5
years or are under supervision following release from prison or jail
within the last 5 years.'' Public Law 116-131, sec. 401(a)(1)(C); 42
U.S.C. 3056a(a)(4)(C)(v).
In this DFR, the Department is incorporating the statutory changes
described above into the SCSEP program regulations at 20 CFR part 641.
II. Consideration of Comments
The Department will consider comment on issues related to this
action. If the Department receives no significant adverse comment, the
Department will publish a Federal Register document confirming the
effective date of the DFR and withdrawing the companion notice of
proposed rulemaking (NPRM) published elsewhere in this issue of the
Federal Register. Such confirmation may include minor stylistic or
technical changes to the DFR. For the purpose of
[[Page 8187]]
judicial review, the Department views the date of confirmation of the
effective date of the DFR as the date of promulgation.
III. Publication as a Direct Final Rule
In direct final rulemaking such as this, the Department is
publishing a DFR which will go into effect unless the Department
receives significant adverse comment within the comment period. The
Department is also concurrently publishing a virtually identical NPRM.
The Department plans to confirm the date that this DFR goes into effect
through a separate Federal Register document. If the Department
receives a significant adverse comment, it will withdraw this DFR and
treat such comment as a response to the NPRM.
For purposes of this DFR, a significant adverse comment is one that
explains: (1) Why the DFR is inappropriate, including challenges to its
underlying premise or approach; or (2) why the DFR will be ineffective
or unacceptable without a change. In determining whether a comment
necessitates withdrawal of this DFR, the Department will consider
whether the comment raises an issue serious enough to warrant a
substantive response. The Department 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, the Department is publishing an
NPRM in the Federal Register. The comment period for the NPRM runs
concurrently with that of the DFR. The Department will treat comments
received on the companion NPRM as comments on the DFR. Similarly, the
Department will consider comments submitted to the DFR as comments to
the companion NPRM. Therefore, if the Department receives a significant
adverse comment on either this DFR or the NPRM, it will withdraw this
DFR and proceed with the companion NPRM. In the event the Department
withdraws the DFR because of significant adverse comment, the
Department will consider all timely comments received in response to
the DFR when it continues with the NPRM. After considering all comments
to the DFR and the NPRM, the Department will decide whether to publish
a new final rule or confirm the date that this DFR goes into effect
through a separate Federal Register document.
The Department has determined that the subject of this rule is
suitable for DFR because the Administrative Procedure Act authorizes an
agency to issue a rule without notice and comment when, as here, ``the
agency for good cause finds (and incorporates the finding and a brief
statement of reasons therefore in the rules issued) that notice and
public procedure thereon are impracticable, unnecessary, or contrary to
the public interest.'' 5 U.S.C. 553(b)(B). The Department for good
cause finds that notice and comment rulemaking would be unnecessary
because this DFR almost entirely makes conforming amendments to the
SCSEP program regulations to align with changes required by the Act,
which have already become effective. Accordingly, no significant
adverse comments are anticipated.
IV. Section-by-Section Discussion of Changes
The Department is making the following changes to implement the
provisions of the Act. First, the Department is revising Sec. 641.140
to define formerly incarcerated individuals as individuals who ``were
incarcerated at any point within the last 5 years,'' or ``were under
supervision at any point within the last 5 years, following release
from prison or jail.'' The definition also specifies that the
referenced 5-year period means the 5 years preceding the date of first
determination of program eligibility, as described in Sec. 641.505,
for initial enrollment into the program. The current regulation does
not include a definition of formerly incarcerated individuals, but the
Department is defining the term in this DFR based upon language
provided in the Act, which makes an individual who ``has been
incarcerated within the last 5 years or is under supervision following
release from prison or jail within the last 5 years'' eligible for
priority enrollment. Public Law 116-131, sec. 401(a)(3)(B)(iii); 42
U.S.C. 3056p(b)(2)(H). The definition included in this DFR also
contains an explanation of the meaning of the 5-year period specified
in the Act in order to clarify the meaning of the phrase ``within the
last 5 years.'' The Act is silent about how to calculate the 5-year
period. The Department has determined that connecting this date to the
individual's possible participation in the SCSEP program aligns with
the intent of the amendments and that using the ``date of first
determination of program eligibility'' as described in Sec. 641.505
provides a readily available date for grantees to reference when
determining individuals' eligibility for the program.
The Department is also revising Sec. 641.140 to include ``formerly
incarcerated individuals'' in the definition of ``most-in-need.'' The
existing definition of most-in-need is made up of all the categories of
individuals for whom the grantees may request be made eligible for
increased periods of participation (the list is at 42 U.S.C.
3056p(a)(3)(B)(ii)) and the categories of individuals who receive
priority enrollment (the list in 42 U.S.C. 3056p(b)(2)). Under sec.
401(a)(3) of the Act, individuals eligible for increased periods of
participation now include individuals who ``have been incarcerated
within the last 5 years or are under supervision following release from
prison or jail within the last 5 years,'' and the priority of service
list now includes individuals who ``ha[ve] been incarcerated within the
last 5 years or [are] under supervision following release from prison
or jail within the last 5 years.'' Consistent with the Act's addition
of ``formerly incarcerated individuals'' to these two lists, the
Department is adding ``are formerly incarcerated as defined in this
section'' to the Sec. 641.140 definition of ``most-in-need.'' For
purposes of clarity, the Department also has restructured the
definition of ``most-in-need'' to present the list of most-in-need
individuals as a numbered list.
Similarly, based on amendments made in the Act, the Department is
revising Sec. 641.325(b) to comply with the Act's requirement that the
State Plan identify and address the relative distribution of ``eligible
individuals who have been incarcerated within the last 5 years or are
under supervision following release from prison or jail within the last
5 years.'' Public Law 116-131, sec. 401(a)(1)(C); 42 U.S.C.
3056a(a)(4)(C)(v). Currently, Sec. 641.325(b) lists information that
must be included in the State Plan, including the relative distribution
of certain individuals eligible for the program. Pursuant to the Act's
requirement, see 42 U.S.C. 3056a(a)(4)(C)(v), the Department is
revising Sec. 641.325(b) to add ``[e]ligible individuals who are
formerly incarcerated individuals as defined in Sec. 641.140'' to the
list of eligible individuals on whom the State Plan must provide
information regarding relative distribution.
Additionally, the Department is revising Sec. Sec. 641.420 and
641.520 to incorporate the Act's requirement that eligible individuals
who ``[have] been incarcerated within the last 5 years or [are] under
supervision following release from prison or jail within the last 5
years'' receive priority enrollment. Public Law 116-131, sec.
401(a)(3)(B)(iii); 42 U.S.C. 3056p(b)(2)(H). Paragraphs (a)(1) through
(8) of Sec. 641.520 list the characteristics that grantees and sub-
recipients must consider when
[[Page 8188]]
determining whether to provide eligible individuals with priority.
Pursuant to the Act, see 42 U.S.C. 3056p(b)(2)(H), the Department is
revising this list to include new paragraph (a)(9), which provides
priority to individuals who are formerly incarcerated individuals, as
defined in Sec. 641.140. Accordingly, the Department is also making a
minor technical change to Sec. 641.420(e) to update the reference to
Sec. 641.520(a) to account for the addition of paragraph (a)(9) in
Sec. 641.520.
The Department is also revising Sec. Sec. 641.570 and 641.710 to
integrate the Act's requirement that the Secretary authorize a grantee
to increase the period of participation for individuals who ``have been
incarcerated within the last 5 years or are under supervision following
release from prison or jail within the last 5 years.'' Public Law 116-
131, sec. 401(a)(3)(A)(iii); 42 U.S.C. 3056p(a)(3)(B)(ii)(VI). Existing
SCSEP regulations at Sec. 641.570(b) list the categories of
individuals for whom the Department will provide increased periods of
participation if requested by the grantee. Pursuant to the Act, the
Department has added new paragraph (b)(6), which states that
individuals who are formerly incarcerated individuals, as defined in
Sec. 641.140 are, upon a grantee's request, eligible for an extended
period of individual participation. Additionally, existing SCSEP
regulations at Sec. 641.710 define core performance measures,
including ``service to the [m]ost-in-need'' (Sec. 641.710(g)).
Consistent with the change to the most-in-need definition at Sec.
641.140, discussed above, the Department has added new paragraph at
Sec. 641.710(g)(14) to include individuals who ``[a]re formerly
incarcerated individuals as defined in Sec. 641.140'' to the list of
individuals characterized as most-in-need. See Public Law 116-131, sec.
401(a)(3); 42 U.S.C. 3056p(a)(3)(B)(ii)(IV), (b)(2)(H).
Finally, sec. 401(a)(2) of the Act revises the definition of
``individuals with barriers to employment'' in the OAA to include
``eligible individuals who have been incarcerated or are under
supervision following release from prison or jail.'' Public Law 116-
131, sec. 401(a)(2); 42 U.S.C. 3056l(e)(1). This section of the OAA
requires certain national SCSEP grantees to give special consideration
to selecting subgrantee organizations with demonstrated expertise in
serving individuals with barriers to employment. Paragraph (d) of Sec.
641.881(d) is the corresponding regulatory provision to implement this
section of the OAA, stating that for purposes of this section, the term
``individuals with barriers to employment'' includes ``minority
individuals, Indian individuals, individuals with greatest economic
need, and most-in-need individuals.'' The Department notes that because
the existing regulatory text in Sec. 641.881(d) references ``most-in-
need individuals,'' the regulatory text does not require change to
align with the Act. The changes explained above that add formerly
incarcerated individuals to the most-in-need definition at Sec.
641.140 and to the list of most-in-need individuals at Sec. 641.710(g)
have the effect of including formerly incarcerated individuals in the
reference to most-in-need individuals in the existing definition of
barriers to employment at Sec. 641.881(d)(2).
V. Rulemaking Analyses and Notices
Regulatory Flexibility Analysis, Executive Order 13272, Small Business
Regulatory Enforcement Fairness Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq.,
requires the Department to evaluate the economic impact of this rule
with regard to small entities. The RFA defines small entities to
include small businesses, small organizations including not-for-profit
organizations, and small governmental jurisdictions. The Department
must determine whether the rule imposes a significant economic impact
on a substantial number of such small entities.
There are 77 SCSEP grantees; 50 of these are States and are not
small entities as defined by the RFA. Six grantees are governmental
jurisdictions other than States (four grantees are territories, such as
Guam; one grantee is Washington, DC; and another grantee is Puerto
Rico). Governmental jurisdictions must have a population of less than
50,000 to qualify as a small entity for RFA purposes and the population
of these 6 SCSEP grantees each exceeds 50,000. The remaining 21
grantees are non-profit organizations, which includes some large,
national non-profit organizations.
The Department has determined that this DFR will impose a
negligible additional burden on small entities. SCSEP grantees already
review their policies on a regular basis to align with guidance and the
activities related to this DFR will only add one more item to consider
during these activities. SCSEP grantees also already determine
eligibility on a regular basis and the additional population category
is only an additional factor to consider. Whatever negligible costs
that the new regulation requires of SCSEP grantees is covered by SCSEP
administrative costs and programmatic activity costs funding.
The Department certifies that this DFR does not impose a
significant economic impact on a substantial number of small entities.
Executive Orders 12866 and 13563
Under Executive Order (E.O.) 12866, Office of Management and
Budget's (OMB's) Office of Information and Regulatory Affairs
determines whether a regulatory action is significant and, therefore,
subject to the requirements of the Executive order and review by OMB.
58 FR 51735 (Oct. 4, 1993).
Section 3(f) of E.O. 12866 defines a ``significant regulatory
action'' as an action that is likely to result in a rule that: (1) Has
an annual effect on the economy of $100 million or more, or adversely
affects in a material way a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local or tribal governments or communities (also referred to as
economically significant); (2) creates serious inconsistency or
otherwise interferes with an action taken or planned by another agency;
(3) materially alters the budgetary impacts of entitlement grants, user
fees, or loan programs, or the rights and obligations of recipients
thereof; or (4) raises novel legal or policy issues arising out of
legal mandates, the President's priorities, or the principles set forth
in the E.O. Id. OMB has determined that this DFR is not a ``significant
regulatory action'' under sec. 3(f) of E.O. 12866.
E.O. 13563 directs agencies to propose or adopt a regulation only
upon a reasoned determination that its benefits justify its costs; it
is tailored to impose the least burden on society, consistent with
achieving the regulatory objectives; and in choosing among alternative
regulatory approaches, the agency has selected those approaches that
maximize net benefits. E.O. 13563 recognizes that some benefits are
difficult to quantify and provides that, where appropriate and
permitted by law, agencies may consider and discuss qualitatively
values that are difficult or impossible to quantify, including equity,
human dignity, fairness, and distributive impacts.
OMB waived review of this rulemaking because it is not a
significant regulatory action.
Paperwork Reduction Act
This DFR is not subject to the requirements of the Paperwork
Reduction Act of 1995 (PRA 95) (44 U.S.C. 3501 et seq.) because it does
not contain a collection of information as defined in 44 U.S.C.
3502(3). The
[[Page 8189]]
Department previously submitted to OMB revision requests to the three
information collections affected by the statute in this DFR, which were
subsequently approved by OMB. See Information Collection Request (ICR)
Reference Numbers 202112-1205-003 (OMB Control Number 1205-0521),
202108-1205-007 (OMB Control Number 1205-0040), and 202103-1205-001
(OMB Control Number 1205-0448).
Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995, this rule
does not include any Federal mandate that may result in increased
expenditures by State, local, and tribal governments in the aggregate
of more than $100 million, or increased expenditures by the private
sector of more than $100 million.
Executive Order 13132
The Department has reviewed this rule in accordance with E.O. 13132
regarding federalism and has determined that it does not have
``federalism implications.'' The rule does not ``have substantial
direct effects on the States, on the relationship between the
[N]ational [G]overnment and the States, or on the distribution of power
and responsibilities among the various levels of government.'' This DFR
updates, defines, and implements eligibility requirements, waiver
factors, and performance measures for the SCSEP. While States are SCSEP
grantees, this rule merely makes minor changes to currently ongoing
data collection processes. Requiring State grantees to implement these
changes does not constitute a ``substantial direct effect'' on the
States, nor will it alter the relationship or responsibilities between
the Federal and State governments.
Privacy Act
The Privacy Act of 1974, 5 U.S.C. 552a, provides safeguards to
individuals concerning their personal information that the Government
collects. The Privacy Act requires certain actions by an agency that
collects information on individuals when that information contains
personally identifiable information, such as Social Security numbers
(SSNs) or names. Because SCSEP participant records are maintained by
SSN, the Privacy Act applies here.
A key concern is for the protection of participant SSNs. Grantees
must collect the SSN in order to pay participants properly for their
community service work in host agencies. When grantees send participant
files to the Department for aggregation, the transmittal is protected
by secure encryption. When participant files are retrieved within the
internet-based SCSEP data management system, only the last four digits
of the SSN are displayed. Any information that is shared or made public
is aggregated by grantee and does not reveal personal information on
specific individuals.
The Department works diligently to ensure the highest level of
security whenever personally identifiable information is stored or
transmitted. All contractors that have access to individually
identifying information are required to provide assurances that they
will respect and protect the confidentiality of the data. The
Department's Office the Chief Information Officer has been an active
participant in the development and approval of data security measures.
In addition to the above, the Department provides a Privacy Act
Statement to grantees for distribution to all participants. The
Department advised grantees of the requirement in Training and
Employment Guidance Letter No. 39-11 (June 28, 2012). Participants
receive this information when they meet with a caseworker or intake
counselor. When the Department monitors the programs, implementation of
this term is included in the reviews.
Amended Regulatory Text
List of Subjects in 20 CFR Part 641
Administrative practice and procedure, Aged, Employment, Equal
employment opportunity, Government contracts, Grant programs--labor,
Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, the Department amends 20
CFR part 641 as follows:
PART 641--PROVISIONS GOVERNING THE SENIOR COMMUNITY SERVICE
EMPLOYMENT PROGRAM
0
1. The authority citation for part 641 is revised to read as follows:
Authority: 42 U.S.C. 3056-3056p.
Subpart A--Purpose and Definitions
0
2. Amend Sec. 641.140 by adding the definition of Formerly
incarcerated individuals in alphabetical order and revising the
definition of Most-in-need to read as follows:
Sec. 641.140 What definitions apply to this part?
* * * * *
Formerly incarcerated individuals mean:
(1) Individuals who were incarcerated at any point within the last
5 years; or
(2) Individuals who were under supervision at any point within the
last 5 years, following release from prison or jail.
(3) The 5-year period specified in this definition refers to the 5
years preceding the date of first determination of program eligibility,
as described in Sec. 641.505, for initial enrollment into the program.
* * * * *
Most-in-need means participants with one or more of the following
characteristics (OAA sec. 513(b)(1)(F)):
(1) Have a severe disability;
(2) Are frail;
(3) Are age 75 or older;
(4) Are age-eligible but not receiving benefits under title II of
the Social Security Act;
(5) Reside in an area with persistent unemployment and have
severely limited employment prospects;
(6) Have limited English proficiency;
(7) Have low literacy skills;
(8) Have a disability;
(9) Reside in a rural area;
(10) Are veterans;
(11) Have low employment prospects;
(12) Have failed to find employment after using services provided
under title I of the Workforce Innovation and Opportunity Act;
(13) Are homeless or at risk for homelessness; or
(14) Are ``formerly incarcerated'' as defined in this section.
* * * * *
Subpart C--The State Plan
0
3. Amend Sec. 641.325 by revising paragraphs (b)(4) and (5) and adding
paragraph (b)(6) to read as follows:
Sec. 641.325 What information must be provided in the State Plan?
* * * * *
(b) * * *
(4) Eligible individuals who are limited English proficient;
(5) Eligible individuals who have the greatest social need; and
(6) Eligible individuals who are formerly incarcerated individuals
as defined in Sec. 641.140;
* * * * *
Subpart D--Grant Application and Responsibility Review Requirements
for State and National SCSEP Grants
0
4. Amend Sec. 641.420 by revising paragraph (e) to read as follows:
Sec. 641.420 What are the eligibility criteria that each applicant
must meet?
* * * * *
[[Page 8190]]
(e) An ability to move participants with multiple barriers to
employment, including individuals described in Sec. 641.570(b) or
Sec. 641.520(a)(2) through (9), into unsubsidized employment;
* * * * *
Subpart E--Services to Participants
0
5. Amend Sec. 641.520 by revising the section heading and paragraphs
(a)(7) and (8) and adding paragraph (a)(9) to read as follows:
Sec. 641.520 Are there any priorities that grantees and sub-
recipients must use in selecting eligible individuals for participation
in the Senior Community Service Employment Program?
(a) * * *
(7) Have failed to find employment after using services provided
through the one-stop delivery system;
(8) Are homeless or are at risk for homelessness; or
(9) Are formerly incarcerated individuals as defined in Sec.
641.140. (OAA sec. 518(b).)
* * * * *
0
6. Amend Sec. 641.570 by revising paragraphs (b)(4) and (5) and adding
paragraph (b)(6) to read as follows:
Sec. 641.570 Is there a time limit for participation in the program?
* * * * *
(b) * * *
(4) Live in an area with persistent unemployment and are
individuals with severely limited employment prospects;
(5) Have limited English proficiency or low literacy skills; or
(6) Are formerly incarcerated individuals as defined in Sec.
641.140.
* * * * *
Subpart G--Performance Accountability
0
7. Amend Sec. 641.710 by revising paragraphs (g)(12) and (13) and
adding paragraph (g)(14) to read as follows:
Sec. 641.710 How are the performance measures defined?
* * * * *
(g) * * *
(12) Have failed to find employment after utilizing services
provided under title I of the Workforce Innovation and Opportunity Act;
(13) Are homeless or at risk for homelessness; or
(14) Are formerly incarcerated individuals as defined in Sec.
641.140.
Angela Hanks,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2022-02680 Filed 2-11-22; 8:45 am]
BILLING CODE 4510-FN-P
