Department of Labor March 2005 – Federal Register Recent Federal Regulation Documents

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration (ETA) is soliciting comments on the proposed extension (without change) of the Work Opportunity Tax Credit (WOTC) Program and the Welfare-to-Work Tax Credit (WtWTC) electronic reporting forms ETA 9057-9059; administrative forms ETA 9061-9065; and the following program related documents: November 2002, Third Edition of ETA Handbook No. 408; Planning Guidance Training and Employment Guidance Letter (TEGL) for the Work Opportunity Tax Credit Program and Welfare-to-Work Tax Credit Allotments Fiscal Year (FY) 2005; and the Technical Assistance and Review Guide. This request covers the period from March 31, 2005 through June 30, 2006. A copy of the proposed Information Collection Request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice.

A one to two page ``Executive Summary'' reflecting the grantee's overall strategy, timeline, and outcomes to be achieved in their grant proposal is required. The Executive Summary should include: The proposed area to be served through the activities of this grant. The years the grantee has served the residents in the proposed area to be served. The projects and activities that will expedite the reintegration of homeless veterans into the workforce. A summary of outcomes, benefits, and value added by the project. B. Section 2Technical Proposal consists of a narrative proposal that demonstrates the need for this particular grant program, the services and activities proposed to obtain successful outcomes for the homeless veterans to be served; and the applicant's ability to accomplish the expected outcomes of the proposed project design. The technical proposal narrative must not exceed fifteen (15) pages double-spaced, font size no less than 11 pt., no less than 1 inch margins, and typewritten on one (1) side of the paper only. Note: Resumes, charts, standard forms, transmittal letters, Memorandums of Understanding, agreements, lists of contracts and grants, and letters of support are not included in the technical proposal narrative page count. If provided, include these documents as attachments to the technical proposal. Attachments to the technical proposal are included in the maximum 75 single-sided pages per grant application limitation. Required Content: There are program activities that all applications must contain to be found technically acceptable under this SGA. Programs must be ``employment-focused'' and must be responsive to the rating criteria in Section V(1). The required program activities are: participant outreach and project awareness activities, pre- enrollment assessments, employment development plans for each enrolled participant, case management, job placement, job retention follow-up (at 90 and 180 days) after individual enters employment, utilization and coordination of employment services through the One-Stop System, including the DVOP and LVER staff, and with community linkages with other programs that provide support to homeless veterans. These activities are described in section I.3. of this SGA. The following format for the technical proposal is recommended: Need for the program: The applicant must identify the geographical area to be served and provide an estimate of the number of homeless veterans in the designated geographical area. Include poverty and unemployment rates in the area and identify the disparities in the local community infrastructure that exacerbate the employment barriers faced by the targeted veterans. Include labor market information and job opportunities in the employment fields and industries that are in demand in the geographical area to be served. Applicants are to clearly describe the proposed program awareness and participant outreach strategies. Approach or strategy to increase employment and job retention: Applicants must be responsive to the Rating Criteria contained in Section V(1) and address all of the rating factors as thoroughly as possible in the narrative. The applicant must: Describe the specific supportive employment and training services to be provided under this grant and the sequence or flow of such services; Indicate the type(s) of training that will be provided under the grant and how it relates to the jobs that are in demand, length of training, training curriculum, and how the training will improve the eligible veterans' employment opportunities within that geographical area; Provide a follow-up plan that addresses retention after 90 and 180 days with participants who have entered employment; Include the completed Planned Quarterly Technical Performance Goals (and planned expenditures) form listed in Appendix D. Linkages with facilities that serve homeless veterans: Describe program and resource linkages with other facilities that will be involved in identifying potential clients for this program. Describe any networks with other related resources and/or other programs that serve homeless veterans. Indicate how the program will be coordinated with any efforts that are conducted by public and private agencies in the community. Indicate how the applicant will coordinate with any continuum of care efforts for the homeless among agencies in the community. If a Memorandum of Understanding (MOU) or other service agreement with service providers exists, copies should be provided. Linkages with other providers of employment and training services to homeless veterans: Describe the linkages, networks, and relationships the proposed program will have with other providers of services to homeless veterans; include a description of the relationship with other employment and training programs in the One Stop System such as Disabled Veterans' Outreach Program (DVOP), the Local Veterans' Employment Representative (LVER) program, and programs under the Workforce Investment Act such as the Veterans' Workforce Investment Program (VWIP); list the type of services that will be provided by each. Note the type of agreement in place, if applicable. Linkages with the workforce investment system are required. Describe any networks with any other resources and/or other programs for homeless veterans. If a Memorandum of Understanding (MOU) or other service agreement with other service providers exists, copies should be provided. Linkages with other Federal agencies: Describe program and resource linkages with the Department of Housing and Urban Development (HUD), Department of Health and Human Services (HHS), and Department of Veterans Affairs (DVA), to include the Compensated Work Therapy (CWT) and per diem programs. If a Memorandum of Understanding (MOU) or other service agreement with other service providers exists, copies should be provided. Proposed supportive service strategy for veterans: Describe how supportive service resources for veterans will be obtained and used. If resources are provided by other sources or linkages, such as Federal, State, local, or faith-based and community programs, the applicant must fully explain the use of these resources and how they will be applied. If a Memorandum of Understanding (MOU) or other service agreement with other service providers exist, copies should be provided. Organizational capability to provide required program activities: The applicant's relevant current and prior experience (within the last three year period) in operating employment and training programs is to be clearly described, if applicable. A summary narrative of program experience and employment and training performance outcomes is required. The applicant must provide information showing outcomes of employment and training programs that it has had in the past three (3) years in terms of enrollments and participants who have entered into employment. An applicant that has operated a HVRP, other Homeless Employment and Training program, or VWIP program must also include the final or most recent technical performance report. Please note that the Department of Labor grant review panel members, who will be reviewing all grant applications submitted as a result of this SGA, do not have access to any reporting information systems during the review process, therefore, if final or most recent technical performance reports are not submitted, the grant application may be considered non-responsive. The applicant must also provide evidence of key staff capability. It is preferred that the grantee be a well established service provider and not in the initial start-up phase or process. Proposed housing strategy for homeless veterans: Describe how housing resources for eligible homeless veterans will be obtained or accessed. These resources must be from linkages or sources other than the HVRP grant such as HUD, HHS, community housing resources, DVA leasing, or other programs. C. Section 3The Cost Proposal must contain the following: Applicants can expect that the cost proposal will be reviewed for allocability, allowability, and reasonableness. (1) Standard Form SF-424, ``Application for Federal Assistance'' (with the original signed in blue-ink) (Appendix A) must be completed; The Catalog of Federal Domestic Assistance number for this program is 17.805 and it must be entered on the SF-424, in Block 10. The organizational unit section of Block 5 of the SF-424 must contain the Dun and Bradstreet Number (DUNS) of the applicant. Beginning October 1, 2003, all applicants for Federal grant funding opportunities are required to include a DUNS number with their application. See OMB Notice of Final Policy Issuance, 68 Federal Register 38402 (June 27, 2003). Applicants' DUNS number is to be entered into Block 5 of SF-424. The DUNS number is a nine-digit identification number that uniquely identifies business entities. There is no charge for obtaining a DUNS number. To obtain a DUNS number call 1-866-705-5711 or access the following Web site: https:// www.dunandbradstreet.com/ Requests for exemption from the DUNS number requirement must be made to the Office of Management and Budget. (2) Standard Form SF-424A ``Budget Information Sheet'' (Appendix B) must be included; (3) As an attachment to SF-424A, the applicant must provide a detailed cost breakout of each line item on the Budget Information Sheet. Please label this page or pages the ``Budget Narrative'' and ensure that costs reported on the SF-424A correspond accurately with the Budget Narrative; The Budget Narrative must include, at a minimum: Breakout of all personnel costs by position, title, annual salary rates, and percent of time of each position to be devoted to the proposed project (including sub-grantees) by completing the ``Direct Cost Descriptions for Applicants and Sub-Applicants'' form (Appendix E); Explanation and breakout of extraordinary fringe benefit rates and associated charges (i.e., rates exceeding 35% of salaries and wages); Explanation of the purpose and composition of, and method used to derive the costs of each of the following: travel, equipment, supplies, sub-awards/contracts, and any other costs. The applicant must include costs of any required travel described in this Solicitation. Planned travel expenditures will not exceed 5% of the total HVRP funds requested. Mileage charges may not exceed 40.5 cents per mile or the current Federal rate; All associated costs for obtaining and retaining participant information pertinent to the follow-up survey, at 90 and 180 days after the program performance period ends; Description/specification of, and justification for, equipment purchases, if any. Tangible, non-expendable, personal property having a useful life of more than one year and a unit acquisition cost of $5,000 or more per unit must be specifically identified; and Matching funds, leveraged funds, and in-kind services are not required for HVRP grants. However, if matching funds, leverage funds, or in-kind services are to be used, an identification of all sources of leveraged or matching funds and an explanation of the derivation of the value of matching/in-kind services must be provided. When resources such as matching funds, leveraged funds, and/or the value of in-kind contributions are made available, please show in Section B of the Budget Information Sheet. (4) A completed Assurance and Certification signature page (Appendix C) (signed in blue ink) must be submitted; (5) All applicants must submit evidence of satisfactory financial management capability, which must include recent (within the last 18 months) financial and/or audit statements. All successful grantees are required to utilize Generally Accepted Accounting Practices (GAAP), maintain a separate accounting for these grant funds, and have a checking account; (6) All applicants must include, as a separate appendix, a list of all employment and training government grants and contracts that it has had in the past three (3) years, including grant/contract officer contact information. VETS reserves the right to have a DOL representative review and verify this data; (7) A completed Survey on Ensuring Equal Opportunity for Applicants (Appendix F) must be provided. 3. Submission Dates and Times (Acceptable Methods of Submission): The grant application package must be received at the designated place by the date and time specified or it will not be considered. Any application received at the Office of Procurement Services after 4:45 p.m. EDT, April 28, 2005, will not be considered unless it is received before the award is made and: It is determined by the Government that the late receipt was due solely to mishandling by the Government after receipt at the U.S. Department of Labor at the address indicated; or It was sent by registered or certified mail not later than the fifth calendar day before April 28, 2005; or It was sent by U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee, not later than 5 p.m. at the place of mailing two (2) working days, excluding weekends and Federal holidays, prior to April 28, 2005. [rtarr8] Applicants may apply online at https://grants.gov. Applicants submitting proposals online are requested to refrain from mailing an application as well. Any application received after the deadline will not be considered and will not be evaluated. 4. Intergovernmental Review: Not Applicable. 5. Funding Restrictions: A. Proposals exceeding $300,000 will be considered non-responsive and will not be evaluated. B. There is a limit of one (1) application per submitting organization and physical location serving the same HVRP participant population. If two (2) applications from the same organization for the same physical location serving the same HVRP participant population are submitted, the application with the later date will be considered non- responsive. Please do not submit duplicate original grant applications as only one (1) grant application will be considered for funding purposes. C. Due to the limited availability of funding, if an organization was awarded Fiscal Year 2003 or Fiscal Year 2004 HVRP funds for a specific physical location serving the same HVRP participant population and will be receiving second and possible third year funding, then that organization at that specific physical location serving the same HVRP participant population will be considered ineligible to compete for FY 2005 HVRP funds. Therefore, due to the limited funding availability, we are unable to award more than one (1) HVRP grant per organization at a specific physical location serving the same HVRP participant population. D. There will not be reimbursement of pre-award costs unless specifically agreed upon in writing by the Department of Labor. E. Entities described in Section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities are not eligible to receive funds under this announcement because Section 18 of the Lobbying Disclosure Act of 1995, Public Law No. 104-65, 109 Stat. 691, prohibits the award of Federal funds to these entities. F. The only potential areas that will be served through this urban competition for HVRPs in FY 2005 are the metropolitan areas of the 75 U.S. cities largest in population and the metropolitan area of San Juan, Puerto Rico (see Appendix I). G. The U.S. Government is generally prohibited from providing direct financial assistance for inherently religious activities. The grantee may work with and partner with religious institutions; however, direct Federal assistance provided under grants with the U.S. Department of Labor may not be used for religious instruction, worship, prayer, proselytizing or other inherently religious activities. 29 CFR part 2, Subpart D governs the treatment in government programs of religious organizations and religious activities; the grantee and sub-awardees are expected to be aware of and observe the regulations in this Subpart. H. Limitations on Administrative and Indirect Costs Administrative costs, which consist of all direct and indirect costs associated with the supervision and management of the program, are limited to and will not exceed 20% of the total grant award. Indirect costs claimed by the applicant must be based on a Federally approved rate. A copy of the current negotiated approved and signed indirect cost negotiation agreement must be submitted with the application. Furthermore, indirect costs are considered a part of administrative costs for HVRP purposes and, therefore, may not exceed 20% of the total grant award. If the applicant does not presently have an approved indirect cost rate, a proposed rate with justification may be submitted. Successful applicants will be required to negotiate an acceptable and allowable rate within 90 days of grant award with the appropriate DOL Regional Office of Cost Determination or with the applicant's cognizant agency for indirect cost rates (See Office of Management and Budget web site at https://www.whitehouse. gov/omb/ grants/attach.html). Indirect cost rates traceable and trackable through the State Workforce Agency's Cost Accounting System represent an acceptable means of allocating costs to DOL and, therefore, can be approved for use in grants to State Workforce Agencies. 6. Other Submission Requirements: The only acceptable evidence to establish the date of mailing of a late application sent by registered or certified mail is the U.S. Postal Service postmark on the envelope or wrapper and on the original receipt from the U.S. Postal Service. If the postmark is not legible, an application received after the above closing time and date shall be processed as if mailed late. ``Postmark'' means a printed, stamped or otherwise placed impression (not a postage meter machine impression) that is readily identifiable without further action as having been applied and affixed by an employee of the U.S. Postal Service on the date of mailing. Therefore applicants should request that the postal clerk place a legible hand cancellation ``bull's-eye'' postmark on both the receipt and the envelope or wrapper. Applications cannot be accepted by e-mail or facsimile machine. The only acceptable evidence to establish the date of mailing of a late application sent by U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee is the date entered by the Post Office clerk on the ``Express Mail Next Day Service-Post Office to Addressee'' label and the postmark on the envelope or wrapper and on the original receipt from the U.S. Postal Service. ``Postmark'' has the same meaning as defined above. Therefore, applicants should request that the postal clerk place a legible hand cancellation ``bull's-eye'' postmark on both the receipt and the envelope or wrapper. The only acceptable evidence to establish the time of receipt at the U.S. Department of Labor is the date/time stamp of the Procurement Services Center on the application wrapper or other documentary evidence or receipt maintained by that office. Applications sent by other delivery services, such as Federal Express, UPS, etc., will also be accepted. All applicants are advised that U.S. mail delivery in the Washington, DC area has been erratic due to security concerns. All applicants must take this into consideration when preparing to meet the application deadline, as you assume the risk for ensuring a timely submission, that is, if, because of these mail problems, the Department does not receive an application or receives it too late to give proper consideration, even if it was timely mailed, the Department is not required to consider the application.

The U.S. Department of Labor (USDOL), Employment and Training Administration (ETA), announces the availability up to $5 million for grants to eligible Workforce Investment Boards (WIBs) that have demonstrated successfully the ability to form working partnerships with grassroots faith-based and community organizations (FBCOs). Grassroots FBCOs may include faith-based and community organizations, minority-led or immigrant-led non-profit or community development organizations and/ or other small non-profit organizations. This grant will build upon successful ETA grants from program years (PY) 2001 to 2004 that focused on the use of intermediaries and WIBs to build partnerships between FBCOs and local One-Stop systems. The WIB will develop and implement an 18-month project to encourage the formation of long-term contractual and non-contractual partnerships with FBCOs that meet an unmet community need related to hard-to-serve populations (e.g., ex-offenders, limited-English, welfare-to work, etc.). This investment supports and complements the President's High- Growth Job Training Initiative. The foundation of this initiative is the creation of partnerships to work collaboratively in the development of solutions to the human resource challenges facing our growth industries, while developing maximum access for American workers to gain the competencies they need to obtain good jobs. These partnerships include the public workforce system, business and industry, education and training providers and economic development principals. ETA is investing in demonstration projects in twelve high growth/high demand sectors that include advanced manufacturing, automotive services, biotechnology, construction, energy, financial services, geospatial technology, healthcare, hospitality, information technology (IT) & IT business-related services, retail, and transportation. This solicitation is designed to extend the partnership invitation to FBCOs through the direct involvement of our nation's Workforce Investment Boards. This grant also complements ETA's ongoing sectoral employment research and evaluationsi.e., identifying workforce needs and opportunities within a local or regional industry or cross-industry occupational group while retaining a focus on economic performance and competitiveness. FBCOs can discharge a significant community role in assisting Boards by bringing new entrants to the job market that can be trained and equipped to meet emerging and evolving industry needs. Each applicant Board will identify up to three businesses or industry sectors to collaborate with the Board and FBCOs within the local One- Stop system to provide jobs for qualified employees from the identified geographic areas.

This Notice announces FY 2005 Congressional Rescissions for WIA Adults and Dislocated Worker programs, states' allotments for PY 2005 (July 1, 2005-June 30, 2006) for WIA Title I Youth, Adults and Dislocated Worker programs; additional PY 2005 funding from WIA Section 173(e) for eligible states; preliminary allotments for Employment Service (ES) activities under the Wagner-Peyser Act for PY 2005; Workforce Information Grants for PY 2005; and Work Opportunity Tax Credit and Welfare-to-Work Tax Credit allotments for FY 2005. The WIA allotments for states and the preliminary allotments for the Wagner-Peyser Act are based on formulas defined in their respective statutes. The WIA allotments for the outlying areas are based on a formula determined by the Secretary. As required by WIA section 182(d), on February 17, 2000, a Notice of the discretionary formula for allocating PY 2000 funds for the outlying areas (American Samoa, Guam, Marshall Islands, Micronesia, Northern Marianas, Palau, and the Virgin Islands) was published in the Federal Register at 65 FR 8236 (February 17, 2000). The rationale for the formula and methodology was fully explained in the February 17, 2000, Federal Register notice. The formula for PY 2005 is the same as used for PY 2000 and is described in the section on Youth allotments. The data for the outlying areas was obtained from the Bureau of the Census and was based on 2000 census surveys for those areas conducted either by the Bureau or the outlying areas. Comments are invited upon the formula used to allot funds to the outlying areas.

This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (the Act) and/or the Internal Revenue Code of 1986 (the Code).