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, 8218-8222 [2022-02681]

Download as PDF 8218 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Proposed Rules National Programs, Tools and Technical Assistance, Office of Workforce Investment, at 202–693–3980. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: DEPARTMENT OF LABOR Employment and Training Administration 20 CFR Part 641 Preamble Table of Contents [Docket No. ETA–2022–0002] 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 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: Proposed rule; technical amendments. AGENCY: The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this proposed rule 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, this proposed 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: Comments to this proposed rule 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 jspears on DSK121TN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:23 Feb 11, 2022 Jkt 256001 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 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 proposed rule, the Department is proposing to incorporate the statutory changes described above into the SCSEP program regulations at 20 CFR part 641. II. Consideration of Comments The Department requests comment on all issues related to this proposed rule. As discussed more fully below, this proposed rule is the companion document to a direct final rule (DFR) published in the ‘‘Rules’’ section of this issue of the Federal Register. If the Department receives no significant adverse comment on the proposal or DFR, the Department will publish a Federal Register document confirming the effective date of the DFR and withdrawing this companion proposed rule. Such confirmation may include minor stylistic or technical changes to the DFR. For the purpose of judicial review, the Department views the date of confirmation of the effective date of the DFR as the date of promulgation. If, however, Department receives a significant adverse comment on the DFR or proposal, the Agency will publish a timely withdrawal of the DFR and proceed with this proposed rule, which addresses the same revisions to the SCSEP program. III. Publication as a Direct Final Rule As noted above, in addition to publishing this proposed rule, the Department is concurrently publishing a companion DFR in the Federal Register. In direct final rulemaking, an agency publishes a DFR in the Federal Register, with a statement that the rule will go into effect unless the agency receives significant adverse comment within a specified period. The agency may publish an identical concurrent proposed rule. If the agency receives no significant adverse comment in response to the DFR, the rule goes into effect. The Department plans to confirm the effective date of a DFR through a separate Federal Register document. If the Agency receives a significant adverse comment, the Agency will withdraw the DFR and treat such comment as a response to the proposed rule. An Agency typically uses direct final rulemaking when an agency anticipates that a rule will not be controversial. The comment period for this proposed rule runs concurrently with E:\FR\FM\14FEP1.SGM 14FEP1 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Proposed Rules jspears on DSK121TN23PROD with PROPOSALS1 that of the DFR. The Department will treat comments received on the proposed rule as comments also regarding the companion DFR. Similarly, the Department will consider comments submitted to the companion DFR as comments to the proposed rule. Therefore, if the Department receives a significant adverse comment on either the DFR or this proposed rule, it will withdraw the companion DFR and proceed with the proposed rule. 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 proposed rule. After considering all comments to the DFR and the proposed rule, the Department will decide whether to publish a new final rule. IV. Section-by-Section Discussion of Proposed Changes The Department is proposing to make the following changes to implement the provisions of the Act. First, the Department is proposing to revise § 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 proposing to define the term in this proposed rule 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 proposed rule 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 VerDate Sep<11>2014 17:23 Feb 11, 2022 Jkt 256001 determining individuals’ eligibility for the program. The Department is also proposing to revise § 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 § 641.140 definition of ‘‘most-inneed.’’ For purposes of clarity, the Department also has proposed restructuring the definition of ‘‘most-inneed’’ to present the list of most-in-need individuals as a numbered list. Similarly, based on amendments made in the Act, the Department is proposing to revise § 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 proposing to revise § 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 proposing to revise §§ 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 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 8219 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 determining whether to provide eligible individuals with priority. Pursuant to the Act, see 42 U.S.C. 3056p(b)(2)(H), the Department is proposing to revise 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 proposing to make 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 proposing to revise §§ 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 is proposing to provide increased periods of participation if requested by the grantee. Pursuant to the Act, the Department is proposing to add 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-inneed’’ (§ 641.710(g)). Consistent with the proposed change to the most-inneed definition at § 641.140, discussed above, the Department proposing adding a 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 E:\FR\FM\14FEP1.SGM 14FEP1 8220 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Proposed Rules 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 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 propose adding 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). jspears on DSK121TN23PROD with PROPOSALS1 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 proposed 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 proposed rule will impose a negligible additional burden on small entities. SCSEP grantees already review their policies on a regular basis to align VerDate Sep<11>2014 17:23 Feb 11, 2022 Jkt 256001 with guidance and the activities related to this proposed rule 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 proposed rule 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 rulemaking 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. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 OMB waived review of this rulemaking because it is not a significant regulatory action. Paperwork Reduction Act This proposed rule 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 Department previously submitted to OMB revision requests to the three information collections affected by the statute in this proposed rule, 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 proposed 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 proposed 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 proposed rule updates, defines, and implements eligibility requirements, waiver factors, and performance measures for the SCSEP. While States are SCSEP grantees, this proposed 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 E:\FR\FM\14FEP1.SGM 14FEP1 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Proposed Rules 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 jspears on DSK121TN23PROD with PROPOSALS1 Administrative practice and procedure, Aged, Employment, Equal employment opportunity, Government contracts, Grant programs—labor, Reporting and recordkeeping requirements. 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. VerDate Sep<11>2014 17:23 Feb 11, 2022 Jkt 256001 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 means: (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 PO 00000 Frm 00011 (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: ■ * ■ For the reasons discussed in the preamble, the Department proposes to amend 20 CFR part 641 as follows: ■ Subpart A—Purpose and Definitions 8221 Fmt 4702 Sfmt 4702 § 641.420 What are the eligibility criteria that each applicant must meet? * * * * * (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; * * * * * Subpart E—Services to Participants 5. Amend § 641.520 by revising the section heading and paragraphs (a)(7) and (8) and adding paragraph (a)(9) to read as follows: ■ § 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 § 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: § 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? * E:\FR\FM\14FEP1.SGM * * 14FEP1 * * 8222 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Proposed Rules (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. Angela Hanks, Acting Assistant Secretary for Employment and Training, Labor. [FR Doc. 2022–02681 Filed 2–11–22; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 73 [Docket No. FDA–2022–C–0098] Motif FoodWorks, Inc.; Filing of Color Additive Petition AGENCY: Food and Drug Administration, HHS. ACTION: ‘‘Listing of Color Additives Exempt from Certification,’’ to provide for the safe use of myoglobin as a color additive in meat and poultry analogue products. The petitioner has claimed that this action is categorically excluded under 21 CFR 25.32(r) because the substance occurs naturally in the environment, and the action does not alter significantly the concentration or distribution of the substance, its metabolites, or degradation products in the environment. In addition, the petitioner has stated that, to their knowledge, no extraordinary circumstances exist that would warrant at least an environmental assessment (see 21 CFR 25.21). If FDA determines a categorical exclusion applies, neither an environmental assessment nor an environmental impact statement is required. If FDA determines a categorical exclusion does not apply, we will request an environmental assessment and make it available for public inspection. Dated: February 7, 2022. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2022–03109 Filed 2–11–22; 8:45 am] Notification of petition. The Food and Drug Administration (FDA or we) is announcing that we have filed a petition, submitted by Motif FoodWorks, Inc., proposing that the color additive regulations be amended to provide for the safe use of myoglobin as a color additive in meat and poultry analogue products. DATES: The color additive petition was filed on December 13, 2021. ADDRESSES: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov and insert the docket number found in brackets in the heading of this document into the ‘‘Search’’ box and follow the prompts, and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Ellen Anderson, Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240–402–1309. SUPPLEMENTARY INFORMATION: Under section 721(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379e(d)(1)), we are giving notice that we have filed a color additive petition (CAP 2C0322), submitted by Motif FoodWorks, Inc., 27 Drydock Ave., 2nd Floor, Boston, MA 02210. The petition proposes to amend the color additive regulations in part 73 (21 CFR part 73), BILLING CODE 4164–01–P jspears on DSK121TN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:23 Feb 11, 2022 Jkt 256001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 Air Plan Approval; OR; Air Contaminant Discharge Permit Fee Revision Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Oregon State Implementation Plan (SIP) submitted on November 5, 2020. The revision establishes new fees to be paid by stationary sources of air contaminants submitting notices of intent to construct. The revision also adds a new basic air contaminant discharge permit category to allow certain minor sources, that would otherwise be required to obtain a general, simple, or standard permit, the option to qualify for a basic permit. DATES: Comments must be received on or before March 16, 2022. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– OAR–2020–0684, at https:// www.regulations.gov. Follow the online SUMMARY: Frm 00012 Fmt 4702 SUPPLEMENTARY INFORMATION: Throughout this document, wherever ‘‘we’’ or ‘‘our’’ is used, it is intended to refer to the EPA. Table of Contents [EPA–R10–OAR–2020–0684, FRL–9402–01– R10] PO 00000 instructions for submitting comments. Once submitted, comments cannot be edited or removed from https:// www.regulations.gov. The EPA may publish any comment received to its public docket. Do not electronically submit any information you consider to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200 Sixth Avenue, Suite 155, Seattle, WA 98101, at (206) 553–6357 or hall.kristin@ epa.gov. Sfmt 4702 I. Background A. State Implementation Plan B. Air Contaminant Discharge Permits C. Source Notification Requirements II. Evaluation of Submission III. Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background A. State Implementation Plan Each state has a State Implementation Plan (SIP) containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS) established by the EPA for the criteria pollutants (carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, sulfur dioxide). Section 110 of the Clean Air Act spells out the requirements for each SIP, including but not limited to air pollution control regulations, emissions inventories, ambient air monitoring, enforcement mechanisms, and authority to revise the SIP as needed. Revisions to the SIP are adopted by the state and submitted to the EPA for review. The EPA approves and codifies E:\FR\FM\14FEP1.SGM 14FEP1

Agencies

[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Proposed Rules]
[Pages 8218-8222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02681]



[[Page 8218]]

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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: Proposed rule; technical amendments.

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SUMMARY: The Employment and Training Administration (ETA) of the 
Department of Labor (Department) is issuing this proposed rule 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, this proposed 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: Comments to this proposed rule 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 proposed rule, the Department is proposing to incorporate 
the statutory changes described above into the SCSEP program 
regulations at 20 CFR part 641.

II. Consideration of Comments

    The Department requests comment on all issues related to this 
proposed rule. As discussed more fully below, this proposed rule is the 
companion document to a direct final rule (DFR) published in the 
``Rules'' section of this issue of the Federal Register. If the 
Department receives no significant adverse comment on the proposal or 
DFR, the Department will publish a Federal Register document confirming 
the effective date of the DFR and withdrawing this companion proposed 
rule. Such confirmation may include minor stylistic or technical 
changes to the DFR. For the purpose of judicial review, the Department 
views the date of confirmation of the effective date of the DFR as the 
date of promulgation. If, however, Department receives a significant 
adverse comment on the DFR or proposal, the Agency will publish a 
timely withdrawal of the DFR and proceed with this proposed rule, which 
addresses the same revisions to the SCSEP program.

III. Publication as a Direct Final Rule

    As noted above, in addition to publishing this proposed rule, the 
Department is concurrently publishing a companion DFR in the Federal 
Register. In direct final rulemaking, an agency publishes a DFR in the 
Federal Register, with a statement that the rule will go into effect 
unless the agency receives significant adverse comment within a 
specified period. The agency may publish an identical concurrent 
proposed rule. If the agency receives no significant adverse comment in 
response to the DFR, the rule goes into effect. The Department plans to 
confirm the effective date of a DFR through a separate Federal Register 
document. If the Agency receives a significant adverse comment, the 
Agency will withdraw the DFR and treat such comment as a response to 
the proposed rule. An Agency typically uses direct final rulemaking 
when an agency anticipates that a rule will not be controversial.
    The comment period for this proposed rule runs concurrently with

[[Page 8219]]

that of the DFR. The Department will treat comments received on the 
proposed rule as comments also regarding the companion DFR. Similarly, 
the Department will consider comments submitted to the companion DFR as 
comments to the proposed rule. Therefore, if the Department receives a 
significant adverse comment on either the DFR or this proposed rule, it 
will withdraw the companion DFR and proceed with the proposed rule. 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 proposed 
rule. After considering all comments to the DFR and the proposed rule, 
the Department will decide whether to publish a new final rule.

IV. Section-by-Section Discussion of Proposed Changes

    The Department is proposing to make the following changes to 
implement the provisions of the Act. First, the Department is proposing 
to revise 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 proposing to define the term in this 
proposed rule 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 proposed rule 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 proposing to revise 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 proposed restructuring 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 
proposing to revise 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 proposing to revise 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 proposing to revise 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 determining whether to provide 
eligible individuals with priority. Pursuant to the Act, see 42 U.S.C. 
3056p(b)(2)(H), the Department is proposing to revise 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 proposing to make 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 proposing to revise 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 is proposing 
to provide increased periods of participation if requested by the 
grantee. Pursuant to the Act, the Department is proposing to add 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 proposed 
change to the most-in-need definition at Sec.  641.140, discussed 
above, the Department proposing adding a 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

[[Page 8220]]

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 propose adding 
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 proposed 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 proposed rule 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 proposed rule 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 proposed rule 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 rulemaking 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 proposed rule 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 Department previously submitted to OMB revision 
requests to the three information collections affected by the statute 
in this proposed rule, 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 
proposed 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 proposed 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 
proposed rule updates, defines, and implements eligibility 
requirements, waiver factors, and performance measures for the SCSEP. 
While States are SCSEP grantees, this proposed 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

[[Page 8221]]

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 proposes 
to amend 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 means:
    (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?

* * * * *
    (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?

* * * * *

[[Page 8222]]

    (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. 2022-02681 Filed 2-11-22; 8:45 am]
BILLING CODE 4510-FN-P

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