[Federal Register Volume 72, Number 26 (Thursday, February 8, 2007)]
[Notices]
[Pages 5999-6001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2084]


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

DEPARTMENT OF LABOR

Employment and Training Administration


Implementation of the Senior Community Service Employment Program 
(SCSEP) Performance Measures Under Public Law 109-365

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice of request for public comments.

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

SUMMARY: On October 17, 2006, President Bush signed into law the Older 
Americans Act Amendments of 2006 (OAA-2006). Title V of OAA-2006 
authorizes the Senior Community Service Employment Program (SCSEP). The 
law calls for the Department of Labor (DOL) to establish and implement 
new SCSEP measures of performance by Program Year (PY) 2007 (which 
begins July 1, 2007) after consultation with stakeholders. DOL is 
publishing this notice to solicit public input on implementation of the 
performance indicators.
    Key Dates: To ensure consideration of comments in light of the 
compressed statutory timeline, please submit comments on or before 
February 22, 2007. DOL will consider comments submitted after that date 
to the extent possible.

ADDRESSES: Submit your comments by e-mail to [email protected]. 
Comments can also be mailed or hand carried to the Employment and 
Training Administration, Office of Workforce Investment, Division of 
Adult Services, Room S-4209, 200 Constitution Avenue, NW., Washington, 
DC 20210. A summary of all comments received will be made available to 
the public on the SCSEP Web site at http://www.doleta.gov/seniors.

FOR FURTHER INFORMATION CONTACT: Ms. Judith Gilbert via e-mail at 
[email protected] or via telephone at (202) 693-3758. This is not 
a toll free number.

SUPPLEMENTARY INFORMATION:

A. Background

    SCSEP provides useful part-time training opportunities in community 
service activities for persons with low incomes who are 55 years of age 
or older and assists older workers in transitioning to unsubsidized 
employment.
    In 2000, statutory amendments established program-specific measures 
to monitor the performance of each grantee. Public Law 106-501, section 
513(b).
    These measures were:
    1. The number of persons served, with particular consideration 
given to individuals with greatest economic need, greatest social need, 
or poor employment history or prospects, and individuals who are over 
the age of 60;
    2. Community services provided;
    3. Placement into and retention in unsubsidized public or private 
employment;
    4. Satisfaction of the enrollees, employers, and their host 
agencies with their experiences and the services provided; and
    5. Any additional indicators of performance that the Secretary 
determines to be appropriate.
    In addition, grantees were asked to report on three common 
performance measures that generally apply to federally-funded 
employment and job training programs. Currently, the common measures 
are:
    1. Entered employment;
    2. Retention in employment; and
    3. Average earnings.
    The OAA-2006 Amendments, found at Public Law 109-365, call for 
several specific changes to the existing performance accountability 
system, and require that DOL establish and implement the new SCSEP 
performance measures after consultation with stakeholders by PY 2007. 
Specifically,

[[Page 6000]]

section 513(a)(1) states that ``The Secretary shall establish and 
implement, after consultation with grantees, subgrantees and host 
agencies under this title, States, older individuals, area agencies on 
aging and other organizations serving older individuals, core measures 
of performance and additional indicators of performance for each 
grantee for projects and services carried out under this title.'' 
Section 513(d)(4) calls for the Department to establish and implement 
the core measures and additional indicators of performance identified 
in the 2006 Amendments ``not later than July 1, 2007.'' Further, 
section 513(a)(2)(C) requires that ``The Secretary and each grantee 
shall reach agreement on the expected levels of performance for each 
program year for each of the core indicators of performance * * * Funds 
may not be awarded under the grant until such agreement is reached.'' 
Finally, section 513(b)(3) states that ``(t)he Secretary, after 
consultation with national and state grantees, representatives of 
business and labor organizations, and providers of services, shall, by 
regulation, issue definitions of the indicators of performance'' 
described in OAA-2006.

B. Changes to Performance Measures

    OAA-2006 identifies five core indicators of performance and two 
additional indicators of performance in amended section 513(b), and 
authorizes the Secretary to add any other indicators of performance 
determined to be appropriate to evaluate services and performance.
    The five core indicators in OAA-2006, which incorporate the three 
common performance measures that generally apply to federally-funded 
employment and job training programs, are as follows:
    1. Hours (in the aggregate) of community service employment;
    2. Entry into unsubsidized employment (common measure);
    3. Retention in unsubsidized employment for six months (common 
measure);
    4. Earnings (common measure); and,
    5. The number of eligible individuals served, including those 
individuals included in the categories specified in the law for 
providing a priority for services in section 518(b)(2) and in the 
categories specified as eligible for extension of the individual time 
limits in section 518(a)(3)(B)(ii).
    The law requires that DOL and grantees reach agreement on expected 
levels of performance for each of the core indicators of performance 
for each program year. Failure to meet the expected levels of 
performance triggers requirements for the development of performance 
improvement plans by grantees and the provision of technical assistance 
by DOL. Three consecutive years of failure by a State grantee triggers 
a requirement that the State conduct a competition for the 
administration of the program within the State, while four consecutive 
years of failure by a national grantee will render the grantee 
ineligible to participate in the subsequent grant competition for the 
program.
    The additional indicators of performance specified in OAA-2006 are 
as follows:
    1. Retention in unsubsidized employment for one year;
    2. Satisfaction of the participants, employers and their host 
agencies with their experiences and the services provided; and
    3. ``Any other additional indicators of performance'' determined to 
be appropriate to evaluate services and performance. Section 
513(b)(2)(C).
    With respect to additional indicators of performance, the law does 
not require that the DOL and grantees reach agreement on expected 
levels of performance.
    Definitions of both the core and additional indicators are to be 
issued by regulation after consultation with grantees and other 
interested parties. DOL will annually evaluate and publish and make 
available for public review information on the actual performance of 
each grantee with respect to the levels achieved for all indicators of 
performance.

C. Consultation

    To comply with the statutory timeline, DOL envisions publishing 
further guidance after consultation with the public, in order to 
implement the performance measures in time for the PY 2007 grants.
    In order to develop policies and procedures for a performance 
measurement system that will increase performance accountability and 
improve services to participants, DOL seeks public input and 
observations on how both the core measures and additional performance 
measures should be defined and implemented. We invite commenters to 
share their observations, experiences and insights on any aspect of the 
SCSEP performance management system, but we are particularly interested 
in the following areas:
    1. Core indicators:
    Based on your experience with current indicators of performance, 
what factors should DOL consider in establishing the core indicators? 
What aspects of the current measures should be maintained? Which should 
be changed?
    Comments should focus on the first and fifth core indicators 
because the definitions for core measures two through four are already 
set and generally apply to federally funded job training and employment 
programs. DOL in particular seeks comments on interpretation of the 
following terms listed at subsection (a)(3)(B)(ii) or (b)(2) of section 
518:
    (1) A severe disability, (2) frail or age 75 or older, (3) lives in 
an area with persistent unemployment and are individuals with severely 
limited employment prospects, (4) has limited English proficiency or 
low literacy skills, (5) has a disability, (6) resides in a rural area, 
(7) is a veteran, (8) has low employment prospects, or 9) is homeless 
or at risk for homelessness.
    In addition, the current policy regarding the fifth indicator is to 
divide the population groups into two separate measures with one 
measure relating to all persons served and the second measure relating 
to services to what is currently referred to as individuals ``most in 
need.'' We are considering whether to continue with this policy of 
dividing the indicator into two separate measures but with the change 
that under OAA-2006 individuals in the categories specified for 
priority of service and for extension of the individual time limit 
(rather than those currently referred to as individuals ``most in 
need'') would be compared to the population of all persons served. We 
are interested in comments on whether this approach would promote more 
effective targeting of services, or would a single measure combining 
both elements for all persons served be as effective and simplify the 
process?
    2. Retention in unsubsidized employment for one year:
    We are interested in comments to help us establish the point at 
which the one year measure is taken. For example, should this be 
measured at the 365th day; at the 5th quarter after the quarter of exit 
from the SCSEP program; or during the 4th quarter after exit, similar 
to the Workforce Investment Act Title I Subtitle B 12 month retention 
measure; or at some other point? If a different point is recommended, 
please explain the rationale.
    3. Customer satisfaction:
    We are interested in suggestions for ways to measure the 
satisfaction of participants, employers and host agencies, particularly 
whether the current methodology shall be carried forward or changed?

[[Page 6001]]

    4. Other additional indicators of performance:
    We are interested in suggestions for other indicators to measure 
successful SCSEP performance.
    In particular, should the current performance measure of SCSEP 
Placement Rate be used, changed or not used as an additional indicator 
of performance? (The SCSEP Placement Rate compares the number of 
participants placed into unsubsidized employment, with at least 30 days 
of employment within the first 90 days of exit from the SCSEP program, 
to the number of funded positions; the entered employment common 
measure does not include the 30 day employment requirement.)
    5. Performance outcomes:
    How should DOL determine whether a grantee fails, meets or exceeds 
expected levels of performance?
    6. Other comments:
    DOL welcomes comments and suggestions on any other aspects of 
implementing the new performance measures.

    Signed at Washington, DC, this 2nd day of February, 2007.
Emily Stover DeRocco,
Assistant Secretary.
 [FR Doc. E7-2084 Filed 2-7-07; 8:45 am]
BILLING CODE 4510-FN-P