[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Rules and Regulations]
[Pages 8186-8190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02680]


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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: Direct final rule; technical amendments.

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SUMMARY: The Employment and Training Administration (ETA) of the 
Department of Labor (Department) is issuing this direct final rule 
(DFR) amending the Senior Community Service Employment Program (SCSEP) 
regulations to conform with changes in the Supporting Older Americans 
Act of 2020 regarding individuals who have been incarcerated within the 
last 5 years. Consistent with the Act, the rule adds this category of 
individuals to the priority groups; adds this category of individuals 
to the list of categories grantees may choose from to make eligible for 
increased periods of participation; includes people in this category 
within the definition of the term ``individuals with barriers to 
employment''; and requires that grantees identify and report on the 
relative distribution of these individuals in the State Plan.

DATES: This DFR is effective April 15, 2022 without further action 
unless significant adverse comment is submitted by March 16, 2022. If 
the Department receives significant adverse comment, the Agency will 
publish a timely withdrawal in the Federal Register informing the 
public that this DFR will not take effect. Comments to this DFR must be 
submitted by March 16, 2022 All submissions must be made by the close 
of the comment period.

ADDRESSES: You may submit comments electronically identified by 
Regulatory Identification Number (RIN) 1205-AC04 by the following 
method:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions on the website for submitting comments.
    Instructions: Include the agency's name and docket number ETA-2022-
0002 in your comments. All comments received will become a matter of 
public record and will be posted without change to https://www.regulations.gov. Please do not include any personally identifiable 
or confidential business information that you do not want publicly 
disclosed.

FOR FURTHER INFORMATION CONTACT: Steven Rietzke, Chief, Division of 
National Programs, Tools and Technical Assistance, Office of Workforce 
Investment, at 202-693-3980. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION:

Preamble Table of Contents

I. Background
II. Consideration of Comments
III. Publication as a Direct Final Rule
IV. Section-by-Section Discussion of Changes
V. Rulemaking Analyses and Notices

I. Background

    The SCSEP, authorized by title V of the Older Americans Act of 1965 
(OAA) and most recently reauthorized in 2020, is the only federally 
sponsored employment and training program targeted specifically to low-
income, older individuals who want to enter or reenter the workforce. 
The program provides subsidized work experience training for low-income 
persons 55 years or older who are unemployed and have poor employment 
prospects. The dual goals of the program are to promote useful 
community service employment activities and to move SCSEP participants 
into unsubsidized employment so that they can achieve economic self-
sufficiency.
    In the Supporting Older Americans Act of 2020, Public Law 116-131 
(the Act), Congress amended title V of the OAA to make certain changes 
to the SCSEP that would take effect 1 year from the March 25, 2020, 
enactment of the Act, i.e., March 25, 2021. First, the Act makes an 
individual who ``has been incarcerated within the last 5 years or is 
under supervision following release from prison or jail within the last 
5 years'' eligible for priority of service over those individuals who 
meet only the basic SCSEP eligibility criteria related to age, income, 
and employment. Public Law 116-131, sec. 401(a)(3)(B)(iii); 42 U.S.C. 
3056p(b)(2)(H). Second, the Act adds individuals who ``have been 
incarcerated within the last 5 years or are under supervision following 
release from prison or jail within the last 5 years,'' to the list of 
categories for which the Department is required to authorize any SCSEP 
grantee to provide an increased period of participation if the relevant 
SCSEP grantee has made such a request. Public Law 116-131, sec. 
401(a)(3)(A)(iii); 42 U.S.C. 3056p(a)(3)(B)(ii)(VI). Third, the Act 
revises the definition of ``individuals with barriers to employment'' 
to include ``eligible individuals who have been incarcerated or are 
under supervision following release from prison or jail.'' Public Law 
116-131, sec. 401(a)(2); 42 U.S.C. 3056l(e)(1). Finally, the Act 
requires State Plans to identify and address the relative distribution 
of ``eligible individuals who have been incarcerated within the last 5 
years or are under supervision following release from prison or jail 
within the last 5 years.'' Public Law 116-131, sec. 401(a)(1)(C); 42 
U.S.C. 3056a(a)(4)(C)(v).
    In this DFR, the Department is incorporating the statutory changes 
described above into the SCSEP program regulations at 20 CFR part 641.

II. Consideration of Comments

    The Department will consider comment on issues related to this 
action. If the Department receives no significant adverse comment, the 
Department will publish a Federal Register document confirming the 
effective date of the DFR and withdrawing the companion notice of 
proposed rulemaking (NPRM) published elsewhere in this issue of the 
Federal Register. Such confirmation may include minor stylistic or 
technical changes to the DFR. For the purpose of

[[Page 8187]]

judicial review, the Department views the date of confirmation of the 
effective date of the DFR as the date of promulgation.

III. Publication as a Direct Final Rule

    In direct final rulemaking such as this, the Department is 
publishing a DFR which will go into effect unless the Department 
receives significant adverse comment within the comment period. The 
Department is also concurrently publishing a virtually identical NPRM. 
The Department plans to confirm the date that this DFR goes into effect 
through a separate Federal Register document. If the Department 
receives a significant adverse comment, it will withdraw this DFR and 
treat such comment as a response to the NPRM.
    For purposes of this DFR, a significant adverse comment is one that 
explains: (1) Why the DFR is inappropriate, including challenges to its 
underlying premise or approach; or (2) why the DFR will be ineffective 
or unacceptable without a change. In determining whether a comment 
necessitates withdrawal of this DFR, the Department will consider 
whether the comment raises an issue serious enough to warrant a 
substantive response. The Department will not consider a comment 
recommending an additional amendment to this regulation to be a 
significant adverse comment unless the comment states why the DFR would 
be ineffective without the addition.
    In addition to publishing this DFR, the Department is publishing an 
NPRM in the Federal Register. The comment period for the NPRM runs 
concurrently with that of the DFR. The Department will treat comments 
received on the companion NPRM as comments on the DFR. Similarly, the 
Department will consider comments submitted to the DFR as comments to 
the companion NPRM. Therefore, if the Department receives a significant 
adverse comment on either this DFR or the NPRM, it will withdraw this 
DFR and proceed with the companion NPRM. In the event the Department 
withdraws the DFR because of significant adverse comment, the 
Department will consider all timely comments received in response to 
the DFR when it continues with the NPRM. After considering all comments 
to the DFR and the NPRM, the Department will decide whether to publish 
a new final rule or confirm the date that this DFR goes into effect 
through a separate Federal Register document.
    The Department has determined that the subject of this rule is 
suitable for DFR because the Administrative Procedure Act authorizes an 
agency to issue a rule without notice and comment when, as here, ``the 
agency for good cause finds (and incorporates the finding and a brief 
statement of reasons therefore in the rules issued) that notice and 
public procedure thereon are impracticable, unnecessary, or contrary to 
the public interest.'' 5 U.S.C. 553(b)(B). The Department for good 
cause finds that notice and comment rulemaking would be unnecessary 
because this DFR almost entirely makes conforming amendments to the 
SCSEP program regulations to align with changes required by the Act, 
which have already become effective. Accordingly, no significant 
adverse comments are anticipated.

IV. Section-by-Section Discussion of Changes

    The Department is making the following changes to implement the 
provisions of the Act. First, the Department is revising Sec.  641.140 
to define formerly incarcerated individuals as individuals who ``were 
incarcerated at any point within the last 5 years,'' or ``were under 
supervision at any point within the last 5 years, following release 
from prison or jail.'' The definition also specifies that the 
referenced 5-year period means the 5 years preceding the date of first 
determination of program eligibility, as described in Sec.  641.505, 
for initial enrollment into the program. The current regulation does 
not include a definition of formerly incarcerated individuals, but the 
Department is defining the term in this DFR based upon language 
provided in the Act, which makes an individual who ``has been 
incarcerated within the last 5 years or is under supervision following 
release from prison or jail within the last 5 years'' eligible for 
priority enrollment. Public Law 116-131, sec. 401(a)(3)(B)(iii); 42 
U.S.C. 3056p(b)(2)(H). The definition included in this DFR also 
contains an explanation of the meaning of the 5-year period specified 
in the Act in order to clarify the meaning of the phrase ``within the 
last 5 years.'' The Act is silent about how to calculate the 5-year 
period. The Department has determined that connecting this date to the 
individual's possible participation in the SCSEP program aligns with 
the intent of the amendments and that using the ``date of first 
determination of program eligibility'' as described in Sec.  641.505 
provides a readily available date for grantees to reference when 
determining individuals' eligibility for the program.
    The Department is also revising Sec.  641.140 to include ``formerly 
incarcerated individuals'' in the definition of ``most-in-need.'' The 
existing definition of most-in-need is made up of all the categories of 
individuals for whom the grantees may request be made eligible for 
increased periods of participation (the list is at 42 U.S.C. 
3056p(a)(3)(B)(ii)) and the categories of individuals who receive 
priority enrollment (the list in 42 U.S.C. 3056p(b)(2)). Under sec. 
401(a)(3) of the Act, individuals eligible for increased periods of 
participation now include individuals who ``have been incarcerated 
within the last 5 years or are under supervision following release from 
prison or jail within the last 5 years,'' and the priority of service 
list now includes individuals who ``ha[ve] been incarcerated within the 
last 5 years or [are] under supervision following release from prison 
or jail within the last 5 years.'' Consistent with the Act's addition 
of ``formerly incarcerated individuals'' to these two lists, the 
Department is adding ``are formerly incarcerated as defined in this 
section'' to the Sec.  641.140 definition of ``most-in-need.'' For 
purposes of clarity, the Department also has restructured the 
definition of ``most-in-need'' to present the list of most-in-need 
individuals as a numbered list.
    Similarly, based on amendments made in the Act, the Department is 
revising Sec.  641.325(b) to comply with the Act's requirement that the 
State Plan identify and address the relative distribution of ``eligible 
individuals who have been incarcerated within the last 5 years or are 
under supervision following release from prison or jail within the last 
5 years.'' Public Law 116-131, sec. 401(a)(1)(C); 42 U.S.C. 
3056a(a)(4)(C)(v). Currently, Sec.  641.325(b) lists information that 
must be included in the State Plan, including the relative distribution 
of certain individuals eligible for the program. Pursuant to the Act's 
requirement, see 42 U.S.C. 3056a(a)(4)(C)(v), the Department is 
revising Sec.  641.325(b) to add ``[e]ligible individuals who are 
formerly incarcerated individuals as defined in Sec.  641.140'' to the 
list of eligible individuals on whom the State Plan must provide 
information regarding relative distribution.
    Additionally, the Department is revising Sec. Sec.  641.420 and 
641.520 to incorporate the Act's requirement that eligible individuals 
who ``[have] been incarcerated within the last 5 years or [are] under 
supervision following release from prison or jail within the last 5 
years'' receive priority enrollment. Public Law 116-131, sec. 
401(a)(3)(B)(iii); 42 U.S.C. 3056p(b)(2)(H). Paragraphs (a)(1) through 
(8) of Sec.  641.520 list the characteristics that grantees and sub-
recipients must consider when

[[Page 8188]]

determining whether to provide eligible individuals with priority. 
Pursuant to the Act, see 42 U.S.C. 3056p(b)(2)(H), the Department is 
revising this list to include new paragraph (a)(9), which provides 
priority to individuals who are formerly incarcerated individuals, as 
defined in Sec.  641.140. Accordingly, the Department is also making a 
minor technical change to Sec.  641.420(e) to update the reference to 
Sec.  641.520(a) to account for the addition of paragraph (a)(9) in 
Sec.  641.520.
    The Department is also revising Sec. Sec.  641.570 and 641.710 to 
integrate the Act's requirement that the Secretary authorize a grantee 
to increase the period of participation for individuals who ``have been 
incarcerated within the last 5 years or are under supervision following 
release from prison or jail within the last 5 years.'' Public Law 116-
131, sec. 401(a)(3)(A)(iii); 42 U.S.C. 3056p(a)(3)(B)(ii)(VI). Existing 
SCSEP regulations at Sec.  641.570(b) list the categories of 
individuals for whom the Department will provide increased periods of 
participation if requested by the grantee. Pursuant to the Act, the 
Department has added new paragraph (b)(6), which states that 
individuals who are formerly incarcerated individuals, as defined in 
Sec.  641.140 are, upon a grantee's request, eligible for an extended 
period of individual participation. Additionally, existing SCSEP 
regulations at Sec.  641.710 define core performance measures, 
including ``service to the [m]ost-in-need'' (Sec.  641.710(g)). 
Consistent with the change to the most-in-need definition at Sec.  
641.140, discussed above, the Department has added new paragraph at 
Sec.  641.710(g)(14) to include individuals who ``[a]re formerly 
incarcerated individuals as defined in Sec.  641.140'' to the list of 
individuals characterized as most-in-need. See Public Law 116-131, sec. 
401(a)(3); 42 U.S.C. 3056p(a)(3)(B)(ii)(IV), (b)(2)(H).
    Finally, sec. 401(a)(2) of the Act revises the definition of 
``individuals with barriers to employment'' in the OAA to include 
``eligible individuals who have been incarcerated or are under 
supervision following release from prison or jail.'' Public Law 116-
131, sec. 401(a)(2); 42 U.S.C. 3056l(e)(1). This section of the OAA 
requires certain national SCSEP grantees to give special consideration 
to selecting subgrantee organizations with demonstrated expertise in 
serving individuals with barriers to employment. Paragraph (d) of Sec.  
641.881(d) is the corresponding regulatory provision to implement this 
section of the OAA, stating that for purposes of this section, the term 
``individuals with barriers to employment'' includes ``minority 
individuals, Indian individuals, individuals with greatest economic 
need, and most-in-need individuals.'' The Department notes that because 
the existing regulatory text in Sec.  641.881(d) references ``most-in-
need individuals,'' the regulatory text does not require change to 
align with the Act. The changes explained above that add formerly 
incarcerated individuals to the most-in-need definition at Sec.  
641.140 and to the list of most-in-need individuals at Sec.  641.710(g) 
have the effect of including formerly incarcerated individuals in the 
reference to most-in-need individuals in the existing definition of 
barriers to employment at Sec.  641.881(d)(2).

V. Rulemaking Analyses and Notices

Regulatory Flexibility Analysis, Executive Order 13272, Small Business 
Regulatory Enforcement Fairness Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
requires the Department to evaluate the economic impact of this rule 
with regard to small entities. The RFA defines small entities to 
include small businesses, small organizations including not-for-profit 
organizations, and small governmental jurisdictions. The Department 
must determine whether the rule imposes a significant economic impact 
on a substantial number of such small entities.
    There are 77 SCSEP grantees; 50 of these are States and are not 
small entities as defined by the RFA. Six grantees are governmental 
jurisdictions other than States (four grantees are territories, such as 
Guam; one grantee is Washington, DC; and another grantee is Puerto 
Rico). Governmental jurisdictions must have a population of less than 
50,000 to qualify as a small entity for RFA purposes and the population 
of these 6 SCSEP grantees each exceeds 50,000. The remaining 21 
grantees are non-profit organizations, which includes some large, 
national non-profit organizations.
    The Department has determined that this DFR will impose a 
negligible additional burden on small entities. SCSEP grantees already 
review their policies on a regular basis to align with guidance and the 
activities related to this DFR will only add one more item to consider 
during these activities. SCSEP grantees also already determine 
eligibility on a regular basis and the additional population category 
is only an additional factor to consider. Whatever negligible costs 
that the new regulation requires of SCSEP grantees is covered by SCSEP 
administrative costs and programmatic activity costs funding.
    The Department certifies that this DFR does not impose a 
significant economic impact on a substantial number of small entities.

Executive Orders 12866 and 13563

    Under Executive Order (E.O.) 12866, Office of Management and 
Budget's (OMB's) Office of Information and Regulatory Affairs 
determines whether a regulatory action is significant and, therefore, 
subject to the requirements of the Executive order and review by OMB. 
58 FR 51735 (Oct. 4, 1993).
    Section 3(f) of E.O. 12866 defines a ``significant regulatory 
action'' as an action that is likely to result in a rule that: (1) Has 
an annual effect on the economy of $100 million or more, or adversely 
affects in a material way a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local or tribal governments or communities (also referred to as 
economically significant); (2) creates serious inconsistency or 
otherwise interferes with an action taken or planned by another agency; 
(3) materially alters the budgetary impacts of entitlement grants, user 
fees, or loan programs, or the rights and obligations of recipients 
thereof; or (4) raises novel legal or policy issues arising out of 
legal mandates, the President's priorities, or the principles set forth 
in the E.O. Id. OMB has determined that this DFR is not a ``significant 
regulatory action'' under sec. 3(f) of E.O. 12866.
    E.O. 13563 directs agencies to propose or adopt a regulation only 
upon a reasoned determination that its benefits justify its costs; it 
is tailored to impose the least burden on society, consistent with 
achieving the regulatory objectives; and in choosing among alternative 
regulatory approaches, the agency has selected those approaches that 
maximize net benefits. E.O. 13563 recognizes that some benefits are 
difficult to quantify and provides that, where appropriate and 
permitted by law, agencies may consider and discuss qualitatively 
values that are difficult or impossible to quantify, including equity, 
human dignity, fairness, and distributive impacts.
    OMB waived review of this rulemaking because it is not a 
significant regulatory action.

Paperwork Reduction Act

    This DFR is not subject to the requirements of the Paperwork 
Reduction Act of 1995 (PRA 95) (44 U.S.C. 3501 et seq.) because it does 
not contain a collection of information as defined in 44 U.S.C. 
3502(3). The

[[Page 8189]]

Department previously submitted to OMB revision requests to the three 
information collections affected by the statute in this DFR, which were 
subsequently approved by OMB. See Information Collection Request (ICR) 
Reference Numbers 202112-1205-003 (OMB Control Number 1205-0521), 
202108-1205-007 (OMB Control Number 1205-0040), and 202103-1205-001 
(OMB Control Number 1205-0448).

Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995, this rule 
does not include any Federal mandate that may result in increased 
expenditures by State, local, and tribal governments in the aggregate 
of more than $100 million, or increased expenditures by the private 
sector of more than $100 million.

Executive Order 13132

    The Department has reviewed this rule in accordance with E.O. 13132 
regarding federalism and has determined that it does not have 
``federalism implications.'' The rule does not ``have substantial 
direct effects on the States, on the relationship between the 
[N]ational [G]overnment and the States, or on the distribution of power 
and responsibilities among the various levels of government.'' This DFR 
updates, defines, and implements eligibility requirements, waiver 
factors, and performance measures for the SCSEP. While States are SCSEP 
grantees, this rule merely makes minor changes to currently ongoing 
data collection processes. Requiring State grantees to implement these 
changes does not constitute a ``substantial direct effect'' on the 
States, nor will it alter the relationship or responsibilities between 
the Federal and State governments.

Privacy Act

    The Privacy Act of 1974, 5 U.S.C. 552a, provides safeguards to 
individuals concerning their personal information that the Government 
collects. The Privacy Act requires certain actions by an agency that 
collects information on individuals when that information contains 
personally identifiable information, such as Social Security numbers 
(SSNs) or names. Because SCSEP participant records are maintained by 
SSN, the Privacy Act applies here.
    A key concern is for the protection of participant SSNs. Grantees 
must collect the SSN in order to pay participants properly for their 
community service work in host agencies. When grantees send participant 
files to the Department for aggregation, the transmittal is protected 
by secure encryption. When participant files are retrieved within the 
internet-based SCSEP data management system, only the last four digits 
of the SSN are displayed. Any information that is shared or made public 
is aggregated by grantee and does not reveal personal information on 
specific individuals.
    The Department works diligently to ensure the highest level of 
security whenever personally identifiable information is stored or 
transmitted. All contractors that have access to individually 
identifying information are required to provide assurances that they 
will respect and protect the confidentiality of the data. The 
Department's Office the Chief Information Officer has been an active 
participant in the development and approval of data security measures.
    In addition to the above, the Department provides a Privacy Act 
Statement to grantees for distribution to all participants. The 
Department advised grantees of the requirement in Training and 
Employment Guidance Letter No. 39-11 (June 28, 2012). Participants 
receive this information when they meet with a caseworker or intake 
counselor. When the Department monitors the programs, implementation of 
this term is included in the reviews.

Amended Regulatory Text

List of Subjects in 20 CFR Part 641

    Administrative practice and procedure, Aged, Employment, Equal 
employment opportunity, Government contracts, Grant programs--labor, 
Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the Department amends 20 
CFR part 641 as follows:

PART 641--PROVISIONS GOVERNING THE SENIOR COMMUNITY SERVICE 
EMPLOYMENT PROGRAM

0
1. The authority citation for part 641 is revised to read as follows:

    Authority:  42 U.S.C. 3056-3056p.

Subpart A--Purpose and Definitions

0
2. Amend Sec.  641.140 by adding the definition of Formerly 
incarcerated individuals in alphabetical order and revising the 
definition of Most-in-need to read as follows:


Sec.  641.140   What definitions apply to this part?

* * * * *
    Formerly incarcerated individuals mean:
    (1) Individuals who were incarcerated at any point within the last 
5 years; or
    (2) Individuals who were under supervision at any point within the 
last 5 years, following release from prison or jail.
    (3) The 5-year period specified in this definition refers to the 5 
years preceding the date of first determination of program eligibility, 
as described in Sec.  641.505, for initial enrollment into the program.
* * * * *
    Most-in-need means participants with one or more of the following 
characteristics (OAA sec. 513(b)(1)(F)):
    (1) Have a severe disability;
    (2) Are frail;
    (3) Are age 75 or older;
    (4) Are age-eligible but not receiving benefits under title II of 
the Social Security Act;
    (5) Reside in an area with persistent unemployment and have 
severely limited employment prospects;
    (6) Have limited English proficiency;
    (7) Have low literacy skills;
    (8) Have a disability;
    (9) Reside in a rural area;
    (10) Are veterans;
    (11) Have low employment prospects;
    (12) Have failed to find employment after using services provided 
under title I of the Workforce Innovation and Opportunity Act;
    (13) Are homeless or at risk for homelessness; or
    (14) Are ``formerly incarcerated'' as defined in this section.
* * * * *

Subpart C--The State Plan

0
3. Amend Sec.  641.325 by revising paragraphs (b)(4) and (5) and adding 
paragraph (b)(6) to read as follows:


Sec.  641.325   What information must be provided in the State Plan?

* * * * *
    (b) * * *
    (4) Eligible individuals who are limited English proficient;
    (5) Eligible individuals who have the greatest social need; and
    (6) Eligible individuals who are formerly incarcerated individuals 
as defined in Sec.  641.140;
* * * * *

Subpart D--Grant Application and Responsibility Review Requirements 
for State and National SCSEP Grants

0
4. Amend Sec.  641.420 by revising paragraph (e) to read as follows:


Sec.  641.420   What are the eligibility criteria that each applicant 
must meet?

* * * * *

[[Page 8190]]

    (e) An ability to move participants with multiple barriers to 
employment, including individuals described in Sec.  641.570(b) or 
Sec.  641.520(a)(2) through (9), into unsubsidized employment;
* * * * *

Subpart E--Services to Participants

0
5. Amend Sec.  641.520 by revising the section heading and paragraphs 
(a)(7) and (8) and adding paragraph (a)(9) to read as follows:


Sec.  641.520   Are there any priorities that grantees and sub-
recipients must use in selecting eligible individuals for participation 
in the Senior Community Service Employment Program?

    (a) * * *
    (7) Have failed to find employment after using services provided 
through the one-stop delivery system;
    (8) Are homeless or are at risk for homelessness; or
    (9) Are formerly incarcerated individuals as defined in Sec.  
641.140. (OAA sec. 518(b).)
* * * * *

0
6. Amend Sec.  641.570 by revising paragraphs (b)(4) and (5) and adding 
paragraph (b)(6) to read as follows:


Sec.  641.570   Is there a time limit for participation in the program?

* * * * *
    (b) * * *
    (4) Live in an area with persistent unemployment and are 
individuals with severely limited employment prospects;
    (5) Have limited English proficiency or low literacy skills; or
    (6) Are formerly incarcerated individuals as defined in Sec.  
641.140.
* * * * *

Subpart G--Performance Accountability

0
7. Amend Sec.  641.710 by revising paragraphs (g)(12) and (13) and 
adding paragraph (g)(14) to read as follows:


Sec.  641.710   How are the performance measures defined?

* * * * *
    (g) * * *
    (12) Have failed to find employment after utilizing services 
provided under title I of the Workforce Innovation and Opportunity Act;
    (13) Are homeless or at risk for homelessness; or
    (14) Are formerly incarcerated individuals as defined in Sec.  
641.140.

Angela Hanks,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2022-02680 Filed 2-11-22; 8:45 am]
BILLING CODE 4510-FN-P