[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43324-43329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14288]


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DEPARTMENT OF EDUCATION


Applications for Selection as a Performance Partnership Pilot; 
Performance Partnership Pilots for Disconnected Youth

AGENCY: Office of Career, Technical, and Adult Education, Department of 
Education.

ACTION: Notice.

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SUMMARY: The Department of Education (ED or Department) is issuing a 
notice inviting applications for selection as a performance partnership 
pilot for fiscal year (FY) 2023 under the Performance Partnership 
Pilots for Disconnected Youth (P3) authority. This notice relates to 
the approved information collection under OMB control number 1830-0575.

DATES: 
    Deadline for Transmittal of Applications: September 5, 2023.
    Deadline for Intergovernmental Review: November 6, 2023.
    Deadline for Requests for Technical Assistance (optional): August 
7, 2023.

FOR FURTHER INFORMATION CONTACT: Braden Goetz, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 10401, Potomac Center Plaza, 
Washington, DC 20202. Telephone: 202-245-7405. Email: 
[email protected]. Or Corinne Sauri, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 10362, Potomac Center Plaza, 
Washington, DC 20202. Telephone: 202-245-6412.
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Pilot Opportunity Description

    Purpose of Program: P3 was first authorized by Congress in FY 2014 
by the Consolidated Appropriations Act, 2014 (2014 Act), and the 
authority has been included by Congress in appropriations acts each 
year since FY 2014, most recently in the Consolidated Appropriations 
Act, 2023 (Pub. L. 117-328) (2023 Act). The FY 2023 P3 authority 
enables pilot sites to blend FY 2023 Federal funds and obtain waivers 
of program requirements, including statutory, regulatory, and 
administrative requirements that are barriers to achieving improved 
outcomes for youth-serving programs included in the authority. Under 
P3, pilots can test innovative strategies to achieve significant 
improvements in educational, employment, and other key outcomes for 
disconnected youth using the flexibility provided by P3.
    Background: Reengaging the more than 4.8 million young people in 
the United States who are neither working nor enrolled in school--and 
preventing other young people from joining them--is a national concern 
because their disconnection can have severe, long-term consequences.
    Youth who drop out and never earn a high school credential have 
higher rates of unemployment, lower earnings, poorer health, and higher 
rates of mortality, and are more likely to be dependent on public 
assistance than those who earn a high school credential.\1\ Interrupted 
or delayed schooling and employment also can have long-lasting 
consequences. Youth whose completion of high school is delayed are 
significantly less likely to enroll in postsecondary education after 
they do earn their high school credential.\2\ Youth whose enrollment in 
postsecondary education is delayed after high school graduation are 
considerably more likely to drop out than peers who enter college 
immediately following high school.\3\ They also earn less as young 
adults, with one study estimating that those who delay entry into 
postsecondary institutions earn $41,000 less during the first 13 years 
after high school graduation than young adults who enrolled in college 
the semester after high school graduation.\4\ A prolonged period of 
unemployment experienced by a young adult can have an enduring negative 
consequence on his or her earnings that lasts as long as 9 years after 
he or she finds work.\5\
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    \1\ Belfield, C. and Levin, H.M. Eds. (2007). The price we pay: 
Economic and social consequences of inadequate education. 
Washington, DC: Brookings Institution Press. Retrieved from: https://www.brookings.edu/book/the-price-we-pay/.
    \2\ Fogg, N.P. and Harrington, P.E. (2015). From Diplomas to 
Degrees: A Longitudinal Study of the College Enrollment and 
Graduation Outcomes of High School Graduates from the School 
District of Philadelphia. Philadelphia, PA: Drexel University Center 
for Labor Markets and Policy. Retrieved from: https://drexel.edu/~/
media/Files/clmp/diplomas_to_degrees_full_report_2015.pdf.
    \3\ Ibid., and Scott, M.A., and Kennedy, B.B. (2005). Pitfalls 
in Pathways: Some Perspectives on Competing Risks Event History 
Analysis in Education Research. Journal of Educational and 
Behavioral Statistics, Winter, 2005, Vol. 30, No. 4 (Winter, 2005), 
pp. 413-442. Retrieved from: https://www.jstor.org/stable/3701297.
    \4\ Yuxin Lin, Y. and Ting Liu, V.Y. (2019). Timing Matters: How 
Delaying College Enrollment Affects Earnings Trajectories, CCRC 
Working Paper No. 105. New York, NY: Community College Research 
Center. Retrieved from: https://ccrc.tc.columbia.edu/publications/delaying-college-enrollment-earnings-trajectories.html.
    \5\ Mroz, T.A. and Savage, T.H. (2006). The Long-Term Effects of 
Youth Unemployment. The Journal of Human Resources, Spring, 2006, 
Vol. 41, No. 2 (Spring, 2006), pp. 259-293. Retrieved from: https://www.jstor.org/stable/40057276.
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    P3 may be a useful tool in preventing and effectively addressing 
youth disconnection. It gives ED, the Departments of Labor (DOL), 
Health and Human Services (HHS), and Justice (DOJ),\6\ the Corporation 
for National and Community Service (CNCS), and the Institute of Museum 
and Library Services (collectively, the Agencies) authority, provided 
certain conditions and requirements are met, to waive Federal statutory 
and regulatory requirements that inhibit access to assistance and 
effective service delivery for disconnected youth.
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    \6\ DOJ's Office of Justice Programs was first authorized to 
enter into performance agreements by the Consolidated and Further 
Continuing Appropriations Act, 2015.
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    P3 authorizes the Agencies to enter into Performance Partnership 
Agreements (performance agreements) with State, local, or Tribal 
governments. The performance agreements provide pilots with additional 
flexibility in the use of certain discretionary funds administered by 
the Agencies,\7\ including competitive and formula grant funds. Pilots 
must include two or more Federal programs (at least one of which is 
administered in whole or in part by a State, local, or Tribal 
government) that target disconnected youth or are designed to prevent 
youth from disconnecting from school or work, and that provide 
education, training, employment, and other related social services. 
Entities that seek to participate in these pilots must commit to 
achieving significant improvements in outcomes for disconnected youth 
in exchange for flexibility permitted under P3. The authorizing statute 
states that improving outcomes for disconnected youth means increasing 
the rate at which those individuals between the ages of 14 and 24 who 
are low-income

[[Page 43325]]

and are either homeless, in foster care, involved in the juvenile 
justice system, unemployed, or not enrolled in or at risk of dropping 
out of an educational institution achieve success in meeting 
educational, employment, or other key goals (2014 Act, section 
526(a)(2)).
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    \7\ For the purposes of P3, discretionary funds are funds that 
Congress appropriates on an annual basis, rather than through a 
standing authorization. They exclude ``entitlement'' (or mandatory) 
programs, such as Social Security, Medicare, Medicaid, most Foster 
Care IV-E programs, Vocational Rehabilitation State Grants, and 
Temporary Assistance to Needy Families. Pell Grant funding, which is 
supported through a combination of discretionary and mandatory 
funding, is also excluded for the purposes of P3. Discretionary 
programs administered by the Agencies support a broad set of public 
services, including education, workforce development, health and 
mental health, and other low-income assistance programs.
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    This notice invites applications for selection as FY 2023 pilots 
and offers opportunities for prospective applicants to obtain optional 
technical assistance from the Agencies prior to applying. The purpose 
of the pre-application technical assistance is to help prospective 
applicants identify and propose to address--through waivers, blending 
of funds, or other flexibilities--Federal barriers to effective and 
integrated service delivery that will improve the educational and 
employment outcomes of disconnected youth.
    If interest in technical assistance exceeds the Agencies' capacity 
to provide it, the Agencies will give first priority to assisting 
eligible entities that intend to serve communities that have 
experienced civil unrest because the statutory authority for FY 2023 
directs the Agencies to include such communities among the designated 
pilots. Second priority will be given to requests for technical 
assistance from applicants that propose to serve the highest numbers of 
disconnected youth.

Flexibilities Available Under P3

    P3 provides important opportunities to improve access to Federal 
programs and their effectiveness in addressing the needs of 
disconnected youth. The Agencies have published on Youth.gov a list of 
the waivers previously granted to pilots under the first three rounds 
of P3 in which pilots were designated.\8\ These waivers were helpful to 
the pilots that received them, and, in this latest round, the Agencies 
hope that applicants propose even more ambitious and bold efforts to 
remove Federal constraints on effective, innovative, and promising 
service delivery for disconnected youth. We provide several examples 
below.
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    \8\ The list of previously granted waivers is available at 
https://youth.gov/sites/default/files/P3-Waiver-List-FINAL_2018-12-10.pdf.
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    These examples are provided for illustrative purposes only, and the 
allowability of specific proposals will depend on the unique 
circumstances of individual applicants. Any waivers must be consistent 
with the statutory safeguards that apply to P3, discussed below, and 
the Agencies will consider whether the inclusion of a program in a 
specific pilot is consistent with, or conflicts with, other significant 
legal or policy considerations. Also, the Agencies will review the 
blending of competitive grants on a case-by-case basis to consider how 
the scope, objectives, and target populations of the existing awards 
align with the proposed pilot. Any changes in terms and conditions of 
the existing competitive grant awards required for pilot purposes must 
be justified by the applicant and consistent with the scope and 
objectives of the grantee's application. In addition, the Agencies can 
only waive Federal statutory or regulatory requirements and cannot 
waive State or local requirements. The Agencies encourage applicants to 
analyze whether implementation of their request also requires State or 
local statutory or regulatory flexibilities or waivers, as those rules 
are not under the jurisdiction of the Agencies to waive for P3.
    Example A: P3 enables State, local, and Tribal governments to blend 
dollars from multiple Federal funding streams to provide more 
comprehensive, holistic services for youth without having to allocate 
costs among the contributing programs and separately track and report 
on each source of funding. For example, a State could propose to use P3 
to support a comprehensive education, training, and reentry services 
program for youthful offenders before, during, and after their 
incarceration. Funding for the project could be contributed from the 
Governor's reserve of the State's Workforce Innovation and Opportunity 
Act (WIOA) Title I Youth program grant, the State's Juvenile Justice 
and Delinquency Prevention Act Title II State grant, and the State 
educational agency's Elementary and Secondary Education Act of 1965, as 
amended (ESEA) Title I, Part D grant for Prevention and Intervention 
Programs for Children and Youth Who are Neglected, Delinquent, or At-
Risk. The State also could propose to use P3 to waive the statutory 
performance indicators and reporting requirements under the three 
programs, replacing them with one set of indicators tailored to match 
the objectives of the project that the State reports on annually. Funds 
available to the State for evaluation under section 116(e)(1) of WIOA 
could be used to evaluate the program.
    Similarly, to expand mental health and well-being supports through 
comprehensive school-based mental health services, an LEA could blend 
funding from its ESEA Title IV, Part A subgrant and its FY 2023 
continuation award for its School-Based Mental Health Services grant 
and braid \9\ funding from its FY 2023 Project AWARE (Advancing 
Wellness and Resiliency in Education) grant from the Substance Abuse 
and Mental Health Services Administration in HHS to have school-based 
mental health services providers create learn-and-earn opportunities 
for high school students through which they receive a stipend paid with 
ESEA Title IV, Part A funds or academic credit for training in an 
evidence-based curriculum that teaches suicide prevention education and 
awareness, including associated risk factors, methods that students can 
use to seek help, and student resources for suicide awareness and 
prevention. This strategy promotes a supportive and inclusive school 
climate and also serves to develop the next generation of high-quality, 
trained school-based mental health services professionals.
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    \9\ Braiding funds means coordinating two or more funding 
sources to support the total cost of a service or activity while 
separately tracking and reporting on each source of funding. Cost-
allocation methods are required to ensure that each funding source 
is charged its fair share. Blended funding combines two or more 
funding sources for one purpose without continuing to differentiate 
or track individual sources. See Urban Institute (2022), Local 
Workforce System Guide. Retrieved from: https://workforce.urban.org/node/57.html.
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    Example B: Registered Apprenticeship (RA) and pre-apprenticeship 
programs that are linked to RA programs can provide disconnected youth 
with a pathway to educational advancement and economic mobility. There 
is encouraging evidence that participation in RA programs is associated 
with significant earnings gains and that the costs to government of 
supporting RA programs are far exceeded by the benefits because the 
higher earnings of participants reduce their use of government 
programs.\10\ However, RA programs can be more challenging to finance 
than other programs and cost more to start up because they span and can 
draw funding from both postsecondary education and workforce 
development and require extensive coordination among funders and the 
employers who

[[Page 43326]]

hire apprentices.\11\ P3 can ease some of these challenges by enabling 
RA program sponsors, intermediaries, and other key players in creating 
RA and pre-apprenticeship to blend rather than braid funding from 
multiple Federal programs. For example, a State seeking to ensure there 
are trained workers who are ready to meet the demands of implementing 
the Infrastructure Investment and Jobs Act could create pre-
apprenticeship and RA programs for disconnected youth by blending funds 
from Adult Education and Family Literacy Act (AEFLA) State leadership 
funds available under section 223 of WIOA, statewide youth activities 
under Title I of WIOA, Youth Title I formula funding, State leadership 
activities under the Carl D. Perkins Career and Technical Education 
Act, as amended by the Strengthening Career and Technical Education for 
the 21st Century Act (Perkins V), and the Social Services Block 
Grant.\12\
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    \10\ Reed, D. et al. (2012). An Effectiveness Assessment and 
Cost-Benefit Analysis of Registered Apprenticeship in 10 States. 
Oakland, CA: Mathematica Policy Research. Retrieved from: https://www.mathematica.org/publications/an-effectiveness-assessment-and-costbenefit-analysis-of-registered-apprenticeship-in-10-states. See 
also Katz, B. et al. (2022). Did Apprentices Achieve Faster Earnings 
Growth Than Comparable Workers? Findings from the American 
Apprenticeship Initiative Evaluation. Brief prepared for U.S. 
Department of Labor, Employment and Training Administration. 
Rockville, MD: Abt Associates; and Washington, DC: Urban Institute. 
Retrieved from: https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/AAI/AAI_Brief-Earnings_Growth_Final_508_9-2022.pdf.
    \11\ Koller, V., van Docto C., et al. (2019). Promising 
Approaches for Connecting Opportunity Youth to Registered 
Apprenticeships. Boston, MA: Jobs for the Future. Retrieved from: 
https://info.jff.org/promising-approaches-for-opportunity-youth.
    \12\ The Social Services Block Grant is authorized by Title XX 
of the Social Security Act (42 U.S.C. 1397).
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    Example C: Some Federal programs contain statutory or regulatory 
requirements that limit the duration of an individual's participation 
in a program. Due to service interruptions and disruptions caused by 
the COVID-19 pandemic, participants may not have been able to take full 
advantage of the opportunities provided by a program over the last 
year. A P3 applicant could seek flexibility to waive eligibility 
requirements to extend the duration of an individual's participation in 
the program as part of a larger strategy to compensate for the time and 
learning that youth lost due to the COVID-19 pandemic. For example, a 
State, local, or Tribal governmental unit administering a YouthBuild 
grant \13\ could seek to extend program services to individuals beyond 
24 months.
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    \13\ The YouthBuild grant program is authorized by section 171 
of WIOA (29 U.S.C. 3226).
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    Example D: P3 authority can also be used by applicants to propose 
changes to projects funded under multiple Federal grants that are each, 
separately, intended to support programs designed to help disconnected 
youth achieve greater success in meeting their educational and 
employment goals. For example, a public college or university might 
propose to increase the share of the Federal Work Study (FWS) program 
funds available for Job Location and Development programs and waive the 
25 percent cap on the amount of the school's allocation that may be 
used to pay wages to students employed with private, for-profit 
organizations so that it could use more than 25 percent of its FWS 
funds to provide students who are at risk of dropping out with 
subsidized career internships in the private sector that are aligned 
with students' educational and career goals. To help students identify 
their career goals, the college or university could partner with a 
local American Job Center, which uses funds from the WIOA Title I Adult 
program, to provide students with intensive career counseling and 
information relating to local occupations in demand and the earnings 
and skill requirements of those occupations. Similarly, a community 
college could request waivers to blend and use a portion of a TRIO 
Educational Opportunity Center grant and its WIOA Title II AEFLA 
program subgrant to implement an intensive integrated education and 
training (IET) program for young adults who lack a high school 
credential, or a State government could request authority to blend 
AEFLA funds with funds from a Second Chance Act grant from the 
Department of Justice to implement an IET program or wraparound 
academic support services for incarcerated individuals to prepare them 
for postsecondary education.
    Example E: P3 waivers can help programs reach currently unserved 
disconnected youth. Current ED regulations for the TRIO programs limit 
participation in these programs to citizens or permanent residents of 
the United States, or individuals who are in the United States for 
other than a temporary purpose who provide evidence from the 
Immigration and Naturalization Service (INS) of their intent to become 
a permanent resident.\14\ Applying in partnership with affiliated local 
public institutions of higher education that administer TRIO grants, a 
multi-State consortium of public college or university systems that are 
considered units of State government could seek a waiver of this 
requirement so that their affiliated schools could use TRIO funds to 
serve disconnected youth who are not citizens or permanent residents of 
the United States, or individuals who are in the United States for 
other than a temporary purpose who provide evidence from the INS of 
their intent to become a permanent resident.
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    \14\ See 34 CFR 643.3 (Talent Search), 34 CFR 644.3 (Educational 
Opportunity Centers), 34 CFR 645.3 (Upward Bound), 34 CFR 646.3 
(Student Support Services), and 34 CFR 647.3 (Ronald E. McNair 
Postbaccalaureate Achievement Program).
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    Example F: P3 waivers can make childcare more accessible for youth 
who are parents and pursuing a postsecondary degree or credential but 
at risk of leaving without a degree or credential or employment due to 
the lack of affordable, high-quality childcare. A public college or 
university that receives funds under the Strengthening Institutions 
program authorized by Title III, Part A of the HEA could obtain a 
waiver of the regulatory prohibition against using a portion of these 
funds for childcare services in order to augment the childcare services 
it provides with its Child Care Access Means Parents in School Program 
grant.
    Example G: An LEA could use the P3 authority to create a 
comprehensive educational program to provide support to English 
learners (ELs) to support the successful transition from secondary 
school to postsecondary education and a career in a high-demand field, 
focusing on students who continue to be identified as ELs for more than 
5 years, students who enroll with prior educational experiences other 
than formalized learning experiences, or who have special needs. 
Students who are proficient in both their home language and English are 
an asset, including in the labor market. For example, funds available 
under ESEA Title I, Part A and Title III could be used to support dual 
language programs for ELs to support language acquisition, including 
providing high-quality tutoring to support academic achievement. The 
LEA could also use ESEA Title IV, Part A funds to provide targeted 
support for ELs, including ELs with special needs. The LEA could use 
Perkins V funds to support career advising and navigation services and 
cover the costs associated with a career and technical education dual 
enrollment pathway or an apprenticeship where students can apply 
multilingual skill sets. The local workforce development board could 
also contribute funds to provide paid internships during the summer 
months.
    Although P3 provides the Agencies broad waiver authority to 
increase flexibility and relieve burden in order to improve the 
effectiveness of Federal funding for disconnected youth, it is 
important to note that there are some limitations on the waivers. In 
particular, as stated in the original statutory authority for P3, the 
P3 waivers--
     May not involve any requirement related to 
nondiscrimination, wage and labor standards, or the allocation of funds 
to State and sub-State levels;
     Must be consistent with the statutory purposes of the 
Federal

[[Page 43327]]

program for which such discretionary funds were appropriated;
     May not result in denying or restricting the eligibility 
of any individual for any of the services that (in whole or in part) 
are funded by the agency's programs and Federal discretionary funds 
that are involved in the pilot;
     Based on the best available information, may not otherwise 
adversely affect vulnerable populations that are the recipients of such 
services;
     Must be necessary to achieve the outcomes of the pilot as 
specified in the performance agreement, and no broader in scope than is 
necessary to achieve such outcomes; and
     Must result in either (a) realizing efficiencies by 
simplifying reporting burdens or reducing administrative barriers with 
respect to such discretionary funds; or (b) increasing the ability of 
individuals to obtain access to services that are provided by the 
discretionary funds.

FY 2023

    P3 was reauthorized for FY 2023 for programs administered by all of 
the six Agencies, and the Agencies may select up to 10 pilots.
    An applicant must propose to include FY 2023 funds from at least 
one of the six Agencies.
    If Congress extends the P3 authority in future years, pilots may 
propose to amend the number of Federal programs supporting pilot 
activities using future funding appropriated. However, authority for 
pilots to expand in future years is subject to congressional action as 
well as agency discretion.
    Application Requirements: The application requirements for this 
opportunity are from the notice of final priorities, requirements, 
definitions, and selection criteria for this program published on April 
28, 2016, in the Federal Register (81 FR 25339) (P3 NFP) and are as 
follows:
    (a) Executive summary. The applicant must provide an executive 
summary that briefly describes the proposed pilot, the flexibilities 
being sought, and the interventions or systems changes that would be 
implemented by the applicant and its partners to improve outcomes for 
disconnected youth.
    (b) Flexibility, including waivers:
    Federal requests for flexibility, including waivers. For each 
program to be included in a pilot, the applicant must complete Table 1, 
Requested Flexibility. The applicant must identify two or more 
discretionary Federal programs that will be included in the pilot,\15\ 
at least one of which must be administered (in whole or in part) by a 
State, local, or Tribal government.\16\ In Table 1, the applicant must 
identify one or more program requirements that would inhibit 
implementation of the pilot and request that the requirement(s) be 
waived in whole or in part. Examples of potential waiver requests and 
other requests for flexibility include, but are not limited to, 
blending of funds and changes to align eligibility requirements, 
allowable uses of funds, and performance reporting.
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    \15\ Applicants are encouraged to consult the list of examples 
of programs that are potentially eligible for inclusion in pilots at 
https://youth.gov/youth-topics/reconnecting-youth/performance-partnership-pilots/round-4-program-list.

                                         Table 1--Requested Flexibility
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                                                    Program
                                   Federal    requirements to be   Statutory or       Name of        Blending
          Program name              agency    waived in whole or    regulatory        program      funds? (Yes/
                                                    in part          citation         grantee           No)
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 Note: Please note in ``Name of Program Grantee'' if the grantee is a State, local, or Tribal government, or
  nongovernmental entity.

    Program Requirements: The program requirement for this opportunity 
is from the P3 NFP.
    Performance Agreement. Each P3 pilot, along with other non-Federal 
government entities involved in the partnership, must enter into a 
performance agreement that will include, at a minimum, the following 
(as required by section 526(c)(2) of Division H of the 2014 Act):
    (a) The length of the agreement;
    (b) The Federal programs and federally funded services that are 
involved in the pilot;
    (c) The Federal discretionary funds that are being used in the 
pilot;
    (d) The non[hyphen]Federal funds that are involved in the pilot, by 
source (which may include private funds as well as governmental funds) 
and by amount;
    (e) The State, local, or Tribal programs that are involved in the 
pilot;
    (f) The populations to be served by the pilot;
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    \16\ Local governments that are requesting waivers of 
requirements in State-administered programs are strongly encouraged 
to consult with the State agencies that administer the programs in 
preparing their applications.
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    (g) The cost-effective Federal oversight procedures that will be 
used for the purpose of maintaining the necessary level of 
accountability for the use of the Federal discretionary funds;
    (h) The cost-effective State, local, or Tribal oversight procedures 
that will be used for the purpose of maintaining the necessary level of 
accountability for the use of the Federal discretionary funds;
    (i) The outcome (or outcomes) that the pilot is designed to 
achieve;
    (j) The appropriate, reliable, and objective outcome measurement 
methodology that will be used to determine whether the pilot is 
achieving, and has achieved, specified outcomes;
    (k) The statutory, regulatory, or administrative requirements 
related to Federal mandatory programs that are barriers to achieving 
improved outcomes of the pilot; and
    (l) Criteria for determining when a pilot is not achieving the 
specified outcomes that it is designed to achieve and subsequent steps, 
including:
    (1) The consequences that will result; and
    (2) The corrective actions that will be taken in order to increase 
the likelihood that the pilot will achieve such specified outcomes.
    Definitions: The following definitions are from the P3 NFP.
    Blended funding is a funding and resource allocation strategy that 
uses multiple existing funding streams to support a single initiative 
or strategy. Blended funding merges two or more funding streams, or 
portions of multiple funding streams, to produce greater efficiency 
and/or effectiveness. Funds from each individual stream lose their 
award-specific identity, and the blended funds together become subject 
to a single set of reporting and other requirements, consistent with 
the underlying purposes of the programs for which the funds were 
appropriated.
    An interim indicator is a marker of achievement that demonstrates 
progress toward an outcome and is measured at least annually.
    Outcomes are the intended results of a program or intervention. 
They are

[[Page 43328]]

what applicants expect their projects to achieve. An outcome can be 
measured at the participant level (for example, changes in employment 
retention or earnings of disconnected youth) or at the system level 
(for example, improved efficiency in program operations or 
administration).
    A waiver provides flexibility in the form of relief, in whole or in 
part, from specific statutory, regulatory, or administrative 
requirements that have hindered the ability of a State, locality, or 
Tribe to organize its programs and systems or provide services in ways 
that best meet the needs of its target populations. Under P3, waivers 
provide flexibility in exchange for a pilot's commitment to improve 
programmatic outcomes for disconnected youth consistent with underlying 
statutory authorities and purposes.
    Program Authority: Section 523 of Title III, Division H of the 
Consolidated Appropriations Act, 2023 (Pub. L. 117-328).
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in Federal 
civil rights laws.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 86, 97, 
98, and 99, and such other regulations as the Agencies may apply based 
on the programs included in a particular pilot. (b) The Office of 
Management and Budget Guidelines to Agencies on Governmentwide 
Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted 
and amended as regulations of the Department in 2 CFR part 3485. (c) 
The Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards in 2 CFR part 200, as adopted and 
amended as regulations of the Department in 2 CFR part 3474. (d) The P3 
NFP.
    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education only.

II. Performance Pilot Designation Information

    Type of Award: Flexibility.
    Estimated Available Funds: None.
    Estimated Number of Designations: 10 pilots.
    Project Period: FY 2023 pilots may operate for as long as FY 2023 
appropriated funds remain available to pilots to obligate to support 
project activities, but not past September 30, 2027.

III. Eligibility Information

    1. Eligible Applicants: The lead applicant must be a State, local, 
or Tribal government entity, represented by a chief executive, such as 
a governor, mayor, or other elected leader, or the head of a State, 
local, or Tribal agency.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants must submit 
completed applications to [email protected] unless electronic 
submission is not possible. Where electronic submission is not possible 
(e.g., you do not have access to the internet), you must provide a 
written statement that you intend to submit a paper application. Send 
this written statement no later than 2 weeks before the application 
deadline date (14 calendar days or, if the 14th calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday). If you mail your written statement 
to the Department, it must be postmarked no later than 2 weeks before 
the application deadline date. Please send this statement to the person 
listed in the FOR FURTHER INFORMATION CONTACT section of this notice. 
If you submit a paper application, you must mail the original and two 
copies of your application, on or before the application deadline date, 
to the Department at the following address: U.S. Department of 
Education, Application Control Center, LBJ Basement Level 1, 400 
Maryland Avenue SW, Washington, DC 20202-4260. You must show proof of 
mailing consisting of one of the following: (1) A legibly dated U.S. 
Postal Service postmark. (2) A legible mail receipt with the date of 
mailing stamped by the U.S. Postal Service. (3) A dated shipping label, 
invoice, or receipt from a commercial carrier. (4) Any other proof of 
mailing acceptable to the Secretary of the U.S. Department of 
Education. If you mail your application through the U.S. Postal 
Service, we do not accept either of the following as proof of mailing: 
(1) A private metered postmark. (2) A mail receipt that is not dated by 
the U.S. Postal Service.
    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.
    We will not consider applications postmarked after the application 
deadline date.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the P3 opportunity, 
your application may include business information that you consider 
proprietary. In 34 CFR 5.11 we define ``business information'' and 
describe the process we use in determining whether any of that 
information is proprietary and, thus, protected from disclosure under 
Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as 
amended).
    Because we plan to make successful applications available to the 
public, including performance agreements, and may make all applications 
available, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate appendix section of your 
application, please list the page number or numbers on which we can 
find this information. For additional information please see 34 CFR 
5.11(c).
    3. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79.
    4. Recommended Page Limit: The application narrative is where you, 
the applicant, provide the information specified in the application 
requirements and address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 5 pages and (2) use the following 
standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double-space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions.
     Use a font that is either 12 point or larger.
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    5. Requests for Technical Assistance: For interested eligible 
entities, the Agencies are offering technical assistance over the next 
several months that will help prospective applicants to identify 
Federal impediments to effective and integrated service delivery for 
disconnected youth and flexibilities that can be removed under P3 and 
to develop an application submission for a P3 pilot. The Agencies want 
to engage with as many eligible entities as

[[Page 43329]]

possible and will accept technical assistance requests on a rolling 
basis until August 7, 2023. If interest in technical assistance exceeds 
the Agencies' capacity to provide it, the Agencies will give first 
priority to assisting eligible entities that intend to serve 
communities that have experienced civil unrest, because the statutory 
authority for FY 2023 directs the Agencies to include such communities 
among the designated pilots.\17\ Second priority will be given to 
requests for technical assistance from applicants that propose to serve 
the highest numbers of disconnected youth. To request technical 
assistance, please email [email protected] with the subject line 
``Request for Technical Assistance,'' and include the prospective 
applicant's name, a contact person's name and email address, and the 
names of the Federal programs that the prospective applicant is 
interested in including in a P3 pilot. Applicants that do not request 
technical assistance may still apply for designation as a pilot; 
applicants that do request technical assistance are not bound to apply 
or bound by the information provided in their initial request for 
technical assistance.
---------------------------------------------------------------------------

    \17\ Section 523(a), Title III, Division H, Consolidated 
Appropriations Act, 2023, Public Law 117-328.
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    6. Other Submission Requirements: Applications under this 
opportunity must be submitted electronically unless electronic 
submission is not possible.
    Please note the following:
     The Department is not publishing an application package 
for this program. To submit an application, provide all of the 
information specified in the application requirements. Additionally, 
complete and submit Standard Form 424B, Assurances for Non-Construction 
Programs (available at https://youth.gov/youth-topics/reconnecting-youth/performance-partnership-pilots) with your application.
     The Department must receive your application by 11:59 p.m. 
Eastern Standard Time on September 5, 2023. We will notify you if we 
are rejecting your application because it was received after the 
application deadline date.
     We may request that you provide us original signatures on 
forms at a later date.

V. Application Review Information

    1. Review and Selection Process: The Department will screen 
applications that are submitted in accordance with the requirements in 
this notice and will determine which applications are eligible to be 
read based on whether they have met the eligibility and application 
requirements.
    The Secretary of Education (Secretary) will also consider 
compliance with assurances, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance (such as, for ED programs, 34 
CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    2. Review of Requests for Flexibility, Including Blending of Funds 
and Other Waivers: Representatives of the Agencies that administer 
programs under which flexibility in Federal requirements is sought will 
evaluate whether the flexibility, including blending of funds and other 
waivers, requested by applicants meets the statutory requirements for 
P3 and is otherwise appropriate. For example, if an applicant is 
seeking flexibility under programs administered by HHS and DOL, its 
requests for flexibility will be reviewed by HHS and DOL officials. 
Applicants may be asked to participate in telephone calls at this point 
in the process in order to clarify requests for flexibility and other 
aspects of their proposals.
    3. Selecting Finalists: Agency officials may recommend projects for 
selection by the Secretary of Education. In consultation with the other 
Agencies, the Secretary will select up to 10 finalists after 
considering the recommendations of the Agencies that administer the 
programs for which the applicants are seeking flexibility, and other 
information, including an applicant's performance and use of funds and 
compliance history under a previous award under any agency program. In 
selecting pilots, the Secretary will first give priority to applicants 
that will serve communities that have experienced civil unrest, to 
address the statutory requirement that designated pilots include 
communities that have experienced civil unrest, and will then select 
those applications that will serve the highest numbers of disconnected 
youth.
    For each finalist, ED and any other Agencies implicated in the 
pilot will negotiate the performance agreement. If a performance 
agreement cannot be finalized for an applicant, an alternative 
applicant may be selected as a finalist instead. The recommended 
projects will be considered finalists until performance agreements are 
signed by all parties, and pilot designation will be awarded only after 
finalization and approval of each finalist's performance agreement.

VI. Designation Administration Information

    1. Designation Notices: If your application is successful, we 
notify your U.S. Representative(s) and U.S. Senators and send you a 
letter notification of your selection as a pilot. We may notify you 
informally, also.
    If your application is not evaluated or not selected as a pilot, we 
will notify you.
    2. Performance Measures: The performance agreement for each pilot 
will include outcome measures, interim indicators, and targets.

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

Amy Loyd,
Assistant Secretary for Career, Technical, and Adult Education.
[FR Doc. 2023-14288 Filed 7-6-23; 8:45 am]
BILLING CODE 4000-01-P