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Ash trees are in a "state of emergency"
Posted on May 11, 2021 by Sean Tubbs Leave a comment
(This article originally appeared in the May 11, 2021 edition of Charlottesville Community Engagement)
The Charlottesville Tree Commission got an update on several topics at its meeting on May 4, including an update on several projects planned for Charlottesville's McIntire Park.
"In McIntire Park there are three projects going on that are really private-public partnerships," said Peggy Van Yahres, a member of the Tree Commission.
Van Yahres is part of one project to install a memorial grove in McIntire Park to commemorate people who have been awarded the Charlottesville Regional Chamber of Commerce's citizenship award.
"We wanted to preserve the landmark oak trees on the top of McIntire Park on the east side," Van Yahres said. "The other objective was just to enliven the park and make it a better place for people to go and sit underneath these beautiful trees."
The memorial would be a stone terrace on which the names of the past and future award winners would be displayed.
"There will be a beautiful lawn, people can play, a walkway, and of course, a lot more oak trees to continue the tradition," Van Yahres said.
Van Yahres said the grove has been added to the schematic design for the Botanical Garden of the Piedmont. That's the new name for the nonprofit that entered into a memorandum of agreement with the City of Charlottesville to operate in the northeast section of McIntire Park. She said the grove will hopefully be installed by this fall.
A rendering of the proposed Grove in McIntire Park. Learn more on the Chamber and Grove website.
As for the garden, Jill Trischman-Marks is executive director of the newly renamed organization. There was a naming contest.
"We had over two hundred responses and selected Botanical Garden of the Piedmont because it was precise and concise," Trischman-Marks said. "It not only identified where the garden is located but it also talked about the trees and other plants that will be highlighted in this garden."
The nonprofit is on the hook to raise funds to pay for infrastructure and to install the garden.
"The city of Charlottesville has dedicated the land to this project but that's where the taxpayer burden ends," Trischman-Marks said. "All of the funds that are needed to design, construct, and maintain the garden will be privately raised but once it is built just like any other city park, the Botanical Garden will be free and accessible to all."
Trischman-Marks said the plan for the garden is to utilize native species and demonstrate the ecosystem of our area. You can weigh in on a survey they have listed on their website.
"And share the survey with your friends, families, and neighbors because the more feedback we get, the better this garden will be," Trischman-Marks said
Trischman-Marks will update the Charlottesville Planning Commission at their meeting on Tuesday.
The third project is a more low-key initiative from the Charlottesville Area Tree Stewards to plant new specimens.
Later in the meeting, the Tree Commission got an update on plans to fight the Emerald Ash Borer from the city arborist, Mike Ronayne.
"The Emerald Ash borer is an invasive insect from Siberia and it will be killing all of our untreated ash trees in Charlottesville," Ronayne said. "And now it seems like it's come through other parts of Virginia like northern Virginia and now we're really just starting to deal with all the dead ash trees that we're finding in Charlottesville."
The goal is to protect 31 individual trees in the city, and have sought additional funding from City Council for the purpose and to remove the dead trees. About one to two percent of trees in the city's parkland are ash trees. A draft cost estimate to remove the trees over five years is $480,000. That does not cover the cost of planting replacements. The cost to annually treat those 31 trees will be $8,425 a year. Todd Brown is the city's director of parks and recreation.
"Basically this is a state of emergency situation," Brown said. "These trees are dying. Ninety-nine percent of them are going to die and right now we've been hitting at a tiny fraction of them. For everyone we're doing, there are ten more that need to be done and ten more that die. We're chasing a moving target that's eventually going to stop and eventually we are going to have to catch up to it."
Brown said that presents a safety issue and more and more limbs become prone to falling. For more on the Emerald Ash Borer, take a look at the Virginia Department of Forestry website. The agency is offering a cost share program for individual removals. (learn more)
The woods shroud this dead Ash tree near Crozet. The homeowner took advantage of the Virginia Department of Forestry cost-share program to help treat some of its fellow specimens, but this one was too far gone. (Credit: Grace Reynolds)
Land Use - Charlottesville
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Q: How to keep text in middle of page while pulsing I am trying to have the text only pulse in the center of the page I do not want it ever at the top
I have played around with the scale
CSS......
.Lum{
font-family: Edwardian Script ITC;
position: fixed;
top: 50%;
left: 50%;
font-size: 50px;
text-align: center;
transform: translate(-50%, -50%);
margin: 0;
letter-spacing: 1px;}
@keyframes pulse {
0% {transform: scale(1);}
50% {transform: scale(1.1);}
100% {transform: scale(1);}
}
.pulse {
animation-name: pulse;
animation-duration: 2s;
}
HTML..............
<!DOCTYPE html>
<html lang="en" dir="ltr">
<head>
<meta charset="utf-8">
<link rel="stylesheet" href="styles.css">
<title>Lumiere</title>
</head>
<body class="pulse">
<h3 class="Lum">Lumiere</h3>
</body>
</html>
I want the text always in the middle of the page never at the top
A: What you should do to fix the animation on current approach:
.Lum{
font-family: Edwardian Script ITC;
position: fixed;
top: 50%;
left: 50%;
font-size: 50px;
text-align: center;
transform: translate(-50%, -50%);
margin: 0;
letter-spacing: 1px;}
@keyframes pulse {
/* Since you're using translate, you shouldn't overwrite it with only scale, just combine them */
0% {transform: translate(-50%, -50%) scale(1);}
50% {transform: translate(-50%, -50%) scale(1.1);}
100% {transform: translate(-50%, -50%) scale(1);}
}
.pulse {
animation-name: pulse;
animation-duration: 2s;
/* If you want the animation keeps going */
animation-iteration-count: infinite;
}
<!DOCTYPE html>
<html lang="en" dir="ltr">
<head>
<meta charset="utf-8">
<link rel="stylesheet" href="styles.css">
<title>Lumiere</title>
</head>
<body>
<!-- You need to put pulse on the element, not the whole page -->
<h3 class="Lum pulse">Lumiere</h3>
</body>
</html>
Since you're using the transform for animation, maybe translate approach for centering is not very ideal. Maybe try this approach instead:
body {
/* Make the container flexbox */
display: flex;
/* Center its children */
justify-content: center;
align-items: center;
/* set the width and height as big as the window */
width: 100vw;
height: 100vh;
padding: 0;
margin: 0;
}
.Lum{
font-family: Edwardian Script ITC;
font-size: 50px;
text-align: center;
margin: 0;
letter-spacing: 1px;
}
@keyframes pulse {
0% {transform: scale(1);}
50% {transform: scale(1.1);}
100% {transform: scale(1);}
}
.pulse {
animation-name: pulse;
animation-duration: 2s;
/* If you want the animation keeps going */
animation-iteration-count: infinite;
}
<!DOCTYPE html>
<html lang="en" dir="ltr">
<head>
<meta charset="utf-8">
<link rel="stylesheet" href="styles.css">
<title>Lumiere</title>
</head>
<body>
<h3 class="Lum pulse">Lumiere</h3>
</body>
</html>
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During the 2017-2018 school year, South Side Public School District used the evidence-based Connections by Apple Group in small group intervention to address the deficit areas of students identified as exhibiting the characteristics of dyslexia.
During the 2017-2018 school year, 16 students attending South Side Public School District received dyslexia intervention services from a trained dyslexia interventionist.
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{% if framework.status in ['pending', 'standstill'] %}
<li class="browse-list-item">
{% if application_made %}
<h2>You submitted:</h2>
<ul class="govuk-list govuk-list--bullet">
{% for lot in completed_lots %}
{% if lot.one_service_limit %}
<li>{{ lot.name }}</li>
{% else %}
<li>
{{ lot.complete_count }} {{ lot.name }}
{{ lot.unitSingular if (1 == lot.complete_count) else lot.unitPlural }}
</li>
{% endif %}
{% endfor %}
</ul>
<br />
<p class="govuk-body">
<a class="govuk-link" href="{{ url_for('.framework_submission_lots', framework_slug=framework.slug) }}">
View submitted services
</a>
</p>
<p class="govuk-body">
<a class="govuk-link" href="{{ url_for('.framework_supplier_declaration_overview', framework_slug=framework.slug) }}">
View your declaration
</a>
</p>
{% else %}
{% if application_company_details_confirmed %}
{% if counts.draft or counts.complete %}
<p class="govuk-body">
<a class="govuk-link" href="{{ url_for('.framework_submission_lots', framework_slug=framework.slug) }}">
View draft services
</a>
</p>
{% else %}
<p>You did not create any services.</p>
{% endif %}
{% if declaration_status == 'unstarted' %}
<p class="govuk-body">You did not make a supplier declaration.</p>
{% else %}
<p class="govuk-body">
<a class="govuk-link" href="{{ url_for('.framework_supplier_declaration_overview', framework_slug=framework.slug) }}">
View your declaration
</a>
</p>
{% endif %}
{% else %}
{# If company details not confirmed, declaration and services cannot viewed #}
<p class="govuk-body">You did not confirm your company details.</p>
<p class="govuk-body">You did not make a supplier declaration.</p>
<p class="govuk-body">You did not create any services.</p>
{% endif %}
{% endif %}
</li>
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Requests for Proposals are solicited from organizations wishing to provide quality screening, intervention services and coordination with human services providers to households in need of crisis assistance during emergency related events.
The purpose of the grant program is to enhance the ability of public/private sector organizations to provide human services to its citizens, and to address the resource needs of public/private organizations that are striving to meet the emergency and daily needs of citizens and impacted neighborhoods.
Request for Proposal are solicited from organizations wishing to provide battered spouse shelters and domestic violence programs in Harford County. Programs must meet guidelines established by the Maryland State Department of Human Resources.
The Harford County Office of Community and Economic Development's Emergency Housing Loan Program is available (depending on funding) to low-income Harford County homeowners. Loans of up to $5,000, subject to 2% interest rate, may be available to qualifying households.
Harford County Housing and Community Development is providing funding to assist organizations that provide transitional housing for individuals in recovery from addictions. | {
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Junk removal vs dumpster rental in Bloomingdale - Which is right for you?
For those who have a project you are going to undertake at home, you may be wondering if it is better to hire someone to come haul off all your rubbish and junk for you, or in the event you should just rent a dumpster in Bloomingdale and load it yourself.
Renting a container is a better option in the event you would like the flexibility to load it on your own time and you also do not mind doing it yourself to save on labour. Dumpsters also function nicely in the event you've at least seven cubic yards or more of debris. Rolloffs generally begin at 10 cubic yards, so if you only have 3-4 yards of waste, you are paying for a lot more dumpster than you want.
Garbage or junk removal makes more sense should you would like someone else to load your old things. In addition, it functions nicely if you would like it to be taken away fast so it is out of your hair, or in the event you simply have a few big items; this is probably cheaper than renting an entire dumpster.
You can fill your dumpster as high as you like, provided that you really do not load it higher in relation to the sides of the container. Over-filling the dumpster could cause the waste or debris to slide off as the dumpster is loaded onto the truck or as the truck is driving. Overloaded or heavy dumpsters are just not safe, and firms WOn't carry unsafe loads to be able to protect motorists and passengers on the road.
In certain areas, dumpster loads must be tarped for security. In case your load is too high, it WOn't be able to be tarped so you'll need to remove a number of the debris before it can be hauled away. This might result in extra charges if it needs you to keep the dumpster for a longer amount of time. Don't forget to maintain your load no higher in relation to the sides of the dumpster, and you will be fine.
Most dumpster rental firms in Bloomingdale have straightforward policies that will help you understand exactly how much it costs to rent equipment. Following this advice will help you avoid hidden fees when renting a dumpster in Bloomingdale.
A lot of firms will charge you extra for keeping the dumpster longer than concurred. Make sure you plan ahead so you can keep the dumpster for an appropriate amount of time. You must also ask about additional fees so you'll know how much extra days cost.
As with any service, it's always a good plan to allow your dumpster as far ahead as you possibly can in order to make sure the dumpster will be available when you really need it. Should you wait until the very last minute, there is no promise the company will likely have the ability to fill your order.
Two or three days notice is generally adequate to ensure your dumpster delivery on time. Recall the busiest days tend to be on Mondays and Fridays (encompassing the weekend), so if you can organize your job for the midst of the week, you've a increased possibility of getting the dumpster you will need.
Should you find out you need a dumpster the following day or even the same day, please go ahead and phone the firm. Should they have what you need, they will definitely make arrangements to get it to you as soon as possible.
Most cities or municipalities do not have many regulations regarding dumpster rental in Bloomingdale as long as you keep the dumpster completely on your own property during the rental period. In case you have to position your container on the street at all, you will likely need to obtain a license from the appropriate building permit office in your town.
Most dumpster rental firms in Bloomingdale will take care of securing this license for you if you rent from them. Make sure that if you're planning to set the dumpster on the street, the organization has made the appropriate arrangements. You need to also make sure that you get the license in a timely manner and at the correct cost. If you thought the dumpster business was getting a license and they did not, you will be the one who will have to pay the fine that is issued by the authorities.
What if I need my dumpster in Bloomingdale picked up early?
When you make arrangements to rent a dumpster in Bloomingdale, part of your rental agreement includes a specified duration of time you're allowed to use the container. You generally base this time on the length of time you think your project might take. The larger the job, the more time you will need the dumpster. Most dumpster rental businesses in Bloomingdale give you a speed for a specific amount of days. Should you exceed that amount of days, you'll pay an additional fee per day. If the job goes more quickly than expected, you might be ended with the dumpster sooner than you anticipated.
If this really is the case, give the dumpster business a call and they will probably come pick your container up early; this will permit them to rent it to someone else more immediately. You typically WOn't get a reduction on your own rate if you ask for early pick-up. Your rental fee includes 7 days (or whatever your term is), whether you use them all or not.
When you need to rent a dumpster in Bloomingdale to use at your home, it's a good idea to keep several guidelines in mind. First, determine the size dumpster that'll work best for your job. Temporary dumpsters typically come in 10, 20, 30 and 40 yard sizes. Next, consider the positioning of the dumpster on your property. Recommendations call for you to provide a space that's double the width and height of the container. This will ensure proper height and space clearance.
The price you're quoted for the container will have a one-time delivery and pickup fee, together with normal fees for disposal, fuel and tax. You should also realize that you can simply fill the container to the top; no debris should be sticking out. As the homeowner, it's also advisable to check to your local city or municipality to find out whether a license is expected to set the container on the road.
Planning ahead for your dumpster rental in Bloomingdale will make your job easier and safer to conclude on time. When renting a dumpster in Bloomingdale, follow these suggestions to help you plan ahead.
2. Prepare the things you want to remove. If you are cleaning out a waterlogged basement, for example, attempt to remove as a lot of the damaged stuff before the dumpster arrives.
In case you're seeking to rent a dumpster in Bloomingdale, one of your main considerations is going to be cost. There are generally two pricing options available when renting a dumpster in Bloomingdale. Flat rate is pricing determined by the size of the dumpster, not the amount of stuff you place in it. Per ton pricing will charge you based on the weight you need hauled.
One kind of pricing structure is not necessarily more expensive than the other. Should you know just how much stuff you need to throw away, you might get a better deal with per short ton pricing. On the other hand, flat rate pricing is able to help you keep a limitation on prices when you're dealing with unknown weights. Whether you frequently rent dumpsters for work or just require a one-time rental for a project throughout the house, you need to shop around to find the best rental prices based on your own demands. | {
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Liz O'Keefe report on CC:DA meetings at Midwinter, ALA (Boston), Jan 9 and 11, 2016
The CC:DA agenda, with links to reports, is here:
http://alcts.ala.org/ccdablog/?cat=33
As you will see from the agenda, much less time than usual was devoted to reviewing new and past proposals. The greater part of the two sessions was devoted to changes to the structure and governance of RDA and changes to the theoretical underpinning of RDA to reflect the FRBR LRM (Library Reference Model). Many of the changes to the structure and governance of RDA have already been implemented or are in the works; these changes will impact the way CC:DA does business, and may affect the relationship between ALA and organizations represented through CC:DA. Changes to RDA required by adoption of the FRBR LRM will necessitate revision of many areas of RDA and likewise affect decisions on which issues to work on in the near future.
The only new proposal currently in the works from CC:DA, 6JSC/ALA/37, is related to international courts; there were no rules in AACR or RDA for establishing access points for international courts, and this proposal fills the gap. The discussion of the proposal was quite brief, with some minor changes being recommended. Much more time was devoted to proposals previously submitted by CC:DA, or proposals that CC:DA constituencies had expressed an interest in. The fate of these proposals is covered in detail in the report from Kathy Glennan, the ALA representative to the JSC/RSC (note: the Joint Steering Committee's name change to the RDA Steering Committee took effect in November, 2015; in the interests of clarity, I will refer to the RSC throughout this report). My report will cover chiefly proposals which the CC:DA provided input to, either directly or through comments on the CC:DA wiki or cataloging list-serves, or those that might warrant future input.
A proposal from the Canadian Committee on Cataloging (CCC), 6JSC/CCC/16: Transcription of punctuation and symbols (1.7.3, 1.7.5), which the CAC provided feedback on, was accepted with modifications, which included placing the new Alternative after the 1st paragraph, and omitting CCC's proposed text about spacing. The proposal was intended to support more flexibility in recording punctuation to preserve clarity. The RSC discussion brought out that this is not so much an issue of description as it is an issue of conventions for recording data. Capitalization conventions of different language and cataloging communities will be respected by RDA, and more documentation within RDA will be provided to support this.
In many cases, proposals considered by RSC this year were tabled because of changes in the strategic direction of RDA. The RSC felt that it would be imprudent to proceed until the major changes projected for various areas of RDA have been completed. These changes may eventually render the proposals unnecessary, or necessitate major rewrites to reflect the new text. Two proposals from the British Library which received substantial input from the CAC fell into this category. The first, 6JSC/BL/26: 2.7 Production Statement: changing method of recording, was rejected because it did not address the issue of self-describing versus non-self-describing resources for unpublished material; it was also dependent on major revisions to RDA which are still under development. However, the recommendation made by CC:DA for a redefinition of "inscription" was approved, and the new definition will be incorporated in a fast track proposal from the UK representative, along with an example.
The second proposal, 6JSC/BL rep/2: Simplification of RDA 2.7-2.10, was also tabled, due to projected changes in RDA. However, there was general agreement that RDA should be developed to include a new generic modeling solution for manifestations that clearly separates transcribed information from recorded data, not just in the Production/Publication/Distribution/Manufacture elements (covered in his proposal) but all elements involving transcription. This would entail creating a second set of elements for manifestation-related recorded data. The RSC Secretary will clarify RDA 1.4 (Language and Script) and RDA 1.7 (Transcription) regarding transcription and transcribed elements. The RSC will keep in mind the longer-term issues.
Action on 6JSC/CCC/19: Parallel language elements (1.7.7), was deferred due to the need for additional development in RDA. The CCC was asked to rework it as a new proposal, in light of the RSC's discussion on transcribing vs. recording manifestation elements. The proposal will also, hopefully, expand its scope beyond parallel language elements to include parallel textual elements within a single language and parallel numbers and symbols. Greater flexibility in dealing with complicated layouts and design will be especially helpful to catalogers of art books, rare books, music, and graphics.
The timing of ALA 43, Revision and Expansion of RDA Appendix K: Relationship Designators: Relationships Between Persons, Families, and Corporate Bodies, was unfortunate. The RSC decided to defer action on the proposal since FRBR LRM is still under development. Some terms (17 new, 3 revised) put forward in the proposal were accepted for Feburary release (but these are among the least interesting). This was frustrating news for the Task Force on Appendix K, which has been laboring away for a number of years (for some of its tenure, chaired by Dan Lipcan, former ARLIS liaison to CC:DA).
6JSC/ALA/45: Referential relationships: RDA Chapter 24-28 and Appendix J, was rejected by the RSC. This is bad news for special collections catalogers, or anyone who uses MARC field 510 to cite standard reference sources, such as Wing, ESTC, Bartsch, etc. The RSC felt that referential relationships are not really WEMI-to-WEMI relationships, but represent a subject relationship. Also, the relationships are sometime across entities, because the resource being described may be at the manifestation or item level, and the reference source may be cited at the expression, manifestation, or item level (for example, an annotated copy of a sales or collections catalog). Cross-entity relationships are not as yet recognized by RDA. A projected working group on rare materials will probably be asked to deal with the issue.
ALARep2015Transcribe: Use of the terms "recording", "record", and "transcribe" in RDA Chapter 2, analyzed the use of the terms record and transcribe, and concluded that usage in RDA is inconsistent. The RSC noted that transcription applies only to manifestation elements and can be used only for self-describing resources. The conclusion was that RDA should be very clear what elements should be transcribed, and exactly what that means. The RSC Secretary will clarify RDA 1.4 (Language and Script) and RDA 1.7 (Transcription) regarding transcription and transcribed Elements. But the fix will require a lot of overhaul to RDA, since there are many references from other instructions.
The RSC reached no consensus on 6JSC/BL/Discussion/1: Conventional Collective Titles in RDA: a discussion paper. The CAC commented on this paper, voicing our objections to what we consider an egregious misuse of CCTS, namely their use for reproductions of art works. There was disagreement within ALA and within the broader community about the usefulness of CCTs, although general agreement that the distinction between complete and incomplete works has merit. A paper on use cases will be developed by RSC Aggregates Working Group and EURIG. The music librarians are very interested in this topic and will be prepare a position paper to represent their issues/concerns regarding CCTs. We should also have our say on this issue.
6JSC/AggregatesWG/1: RDA and FRBRoo treatment of aggregates focused on the modeling from FRBRoo (Object oriented FRBR, available at: http://www.ifla.org/files/assets/cataloguing/frbr/frbroo_v2.2.pdf), since FRBR LRM is not yet available. When you apply the model at its most detailed level--considering everything an aggregate, even a manifestation, since a manifestation includes input from the publisher in the form of book design and layout--contributors disappear, and everyone becomes a primary agent. As FRBR becomes clearer, this will become clearer (we hope). FRBRoo has the merit of distinguishing, as FRBR did not, between two different types of manifestations: manifestation singleton (one offs) and manifestation product type (reproduced in multiple items). This might help with the problems that currently exist when applying RDA to unique materials such as art objects and manuscripts. The WG's work also has the potential for developing guidelines that will support (though not mandate) description and access at a much more granular level (for example, at the level of articles or individual illustrations within a monograph or periodical). The RSC Aggregates Working Group will continue its investigations. CAC may want to follow its work.
6JSC/ALA/42: Clarify Sources of Information for Statement of Responsibility Relating to Title Proper (RDA 2.4.2.2, etc.), which the CAC provided feedback on, was accepted with modifications. The UK requested an optional addition to take the SOR from any prescribed source if considered important for identification. UK/EURIG will follow-up with a separate proposal in 2016.
The RSC recommended that work continue on the issues addressed in 6JSC/ALA/Discussion/5: Machine-Actionable Data Elements for Measurements, Extent of the Carrier, Pagination and Foliation, Dimensions, Extent of the Content, and Duration –Discussion Paper (2015). Liz O'Keefe was a member of the task force that submitted this document, and Marie-Chantal offered substantial feedback on still images. The ALA representative suggested that the RSC take ownership of this, rather than continuing to rely on an ALA working group; RSC agreed. Participation is still open to those who worked on the original task force, and Kathy Glennan encouraged continued participation by existing task force members. CAC members have concerns regarding still images and perhaps other quantification issues related to physical description; we could discuss how to make ourselves heard on this.
The original draft of LC 32: Improving instructions for devised titles, was much improved by expanding the list of instructions for devising a title. Added to the list were the opening words of a text (e.g. an incipit) and the title of a related resource (for e.g. a choreographic work written to accompany a song).
6JSC/PlacesWG/1: Place as an RDA entity, contained no recommendations, but brought together instructions regarding place from both Chapter 11 and Chapter 16. Place, defined as a boundary which is closed, will be an entity in FRBR-LRM. It will be separate from jurisdiction and from court. Place is human defined and may change over time in terms of boundaries, names, etc. In FRBR-LRM, places will be defined in relation to bibliographic data rather than to the real world. New relationship designators will be needed, so place can be used in relationships (e.g. place of birth for a person, place of publication for a resource). The RSC Places Working Group will identify relationship designators associated with place, and follow up on the issues surrounding the use of "jurisdiction" and "government" first raised in 6JSC/TechnicalWG/4 (2014). The discussion did not consider place as subject; when this issue is considered, we might issues related to names for buildings and built works.
Gender as an RDA Element, a discussion paper prepared by the JSC Secretary and JSC Chair, proved to be a highly contentious issue, which involved both privacy and personal safety issues (in some countries, identifying as transgender might be a death sentence). The upshot was that the RDA Development Team and ALA were charged with exploring the option to add "transgender" and/or any other appropriate terms as an extension of the RDA vocabulary. This would not become an official part of the RDA vocabulary itself; instead, it would be a community extension. Work on this will need to be deferred until the RSC decides if the gender element will be retained in RDA.
ALA 40, Revision to RDA 3.1.4, Resources Consisting of More than One Carrier Type and RDA 3.4.1.3, Recording Extent, was not accepted as it stands. CCC and ACOC felt that it barely scratched the surface and did not confront all the issues. A new ALA TF will be formed to work on this. This might be a good chance for CC:DA to work collaboratively with the CCC, since they are going to be our North American community partners.
6JSC/FictitiousWG/1: Fictitious and other entities in RDA and the consolidated FR models, was rejected, because it does not conform to the view of person in FRBRoo or the upcoming FRBR-LRM. Among other things, FRBR LRM disallows the possibility of fictitious entities or animals functioning as creators, even if they paint, perform, or sing (i.e. whale songs). To deal with the obvious need to provide access to resources by fictitious entities, the concept of Nomen will be explored. Nomen=Name; a person can have various Nomens (or Nomina, if we must speak Latin), so Mark Twain and Samuel Clemens could both be accommodated.
This provoked a lengthy discussion at the CC:DA meeting. Attendees questioned the approach and the decision. We don't model actual physical reality in the bibliographic world. Why are we insisting that only real, human entities can be creators? This is a philosophic view, not a library view, and it is not even a view that is held by all descriptive standards or philosophies. But Kathy Glennan felt that challenging the decision was unlikely to succeed. We may feel that the model is broken, but it is the model we are going to have to work with, because the RSC wants to work within the framework of an international standard, and the FRBR LRM model follows CIDOC, which apparently uses this definition of creator. It would be more productive to focus on what we want as an end result, which is to enable users to access a resource no matter who it is attributed to, whether Mark Twain, Captain Kirk, or Brent the Chimp. The Nomen approach would do this for human beings. . Also, in FRBR LRM, creator is more expansively defined: expressions and manifestations can have creators; so animals could be considered creators, even if only at the expression and manifestation level. We can fight the model or try to figure out what we need to work within the model, possibly employing application profiles or other vocabularies to help us get what we want.
You can view the full text of Kathy's reports on all the proposals in her report:
http://alcts.ala.org/ccdablog/wp-content/uploads/2016/01/RSCrep-kpg-2015-1-rev.pdf
The papers themselves and community responses are available on the RSC website, at
http://www.rda-rsc.org/documents
Here are a few additional comments on matters of interest that arose during the reports: The report from the Library of Congress included an update on LC's work on a mass update to the LC/NAF authority file. Testing continues on re-coding AACR2 authority records as RDA when 1XX fields contain no RDA-contrary elements; and enhancing records with other data elements including the addition of 024 fields for ISNIs (the International Standard Numerical Identifier) to names in the LC/NAF that match the ISNIs on the list supplied by OCLC-Leiden (these additions may occur on records already coded as RDA). In response to this, Dominique Bourassa, the CC:DA chair, asked whether it would be possible to add a clarifying 667 for choreographic works as part of the load. She said that the authority records for choreographic records will look as if they are RDA compliant, but in fact they will not be; they need to be individually fixed. There is a similar problem with treaties. Unfortunately the specifications for this reload have been set so no changes can be made at this late date. FRBR-LRM will be issued in the first quarter of 2015, and be reviewed by a Task Force. After the FRBR-LRM model is approved, it will become the new sacred scripture; comments on RDA based on FRBR will no longer be accepted.
The RDA examples set has been updated for bibliographic and authority records.
Changes in the structure and governance of RDA
Changes were outlined by Kathy Glennan. As noted above, there has been a name-change, but bookmarks to the JSC website now redirect to the RSC website (same destination). The new governance structure, which is based on UN-defined regions, will not be implemented immediately. ALA will still have a representative until the new structure is in place (ca. 3 years from now). At that point, there will be just one representative for North America (defined as Canada and the United States; Mexico and Central America will be part of the South American region).
The RSC will meet for the first time in Frankfurt in Nov 2016. The usual timeframe for deadlines, proposals, etc. will be observed, with one change: this year revised proposals incorporating constituency responses were made available for consideration by the JSC in mid-October, which speeded the in-person discussions of the proposals in November. This revision to the timetable will be formally implemented for 2016, which means a narrower window of time for writing and revising proposals after the CCDA meeting at ALA annual.
There is still a hold on proposals that refer to sections of RDA that will be rewritten to reflect changes to FRBR (many of the proposals that CC:DA submitted or expressed an interest in fall into this category). However, the RSC will consider proposals submitted in 2015 as fast-track proposals.
The RSC will rely more on working groups. The responsibilities of the RSC will change; they may stop revising proposals and just handle big picture issues, giving more responsibility to communities (as constituencies are now called). But it's still being hammered out.
The Toolkit changes continue. There will be more policy statements for different language communities and special cataloging communities. Feedback from Toolkit users is wanted.
There is now a fast-track moratorium on relationship designators. Addition of terms has been user- driven, with most of the requests coming from ALA, PCC, and music librarians. RSC is aware there are no precise guidelines for structure, granularity, etc. of the terms. Is literary warrant the basis or something else? The RSC feels that the terms are becoming absurd: e.g. "author of recipes" and "author of knitting patterns"—a line must be drawn somewhere. The working group on relationship designators has not completed its task; hence the Appendix K proposal was not accepted in its entirety, though some terms were accepted as fast track additions. The message from the RSC: don't stop thinking about candidate terms, but don't expect them to be approved for a while.
Following Kathy's report, there was a discussion of the implications for CC:DA of the new governance and structure. It is up to each region to develop its own structure and governance. One way to go forward would be to retain the voices of the current constituencies (ALA, CCC, LC), and possibly add others (or not). ALA will rely on its existing committee structure ((e.g. CC:DA, SAC) for support and expertise, rather than just merging with Canadian librarians. A new lightweight layer in the hierarchy between ALA and RSC may be developed (for convenience sake, this was referred to as NARDAC, North American RDA Committee—no such body exists as yet, and it may never be created). If it is created, this would be where the ALA representative would fit in and continue to have a role. Currently unrepresented entities, such as the Canadian National Library, might be represented more directly in the new structure. There might also be scope for independent representation for organizations that at present work through ALA's CC:DA, such as RBMS, ARLIS, MLA, etc.
The new structure presents challenges: it would be another layer of hierarchy, which would worsen the time pressures associated with meeting deadlines for submission, revision, and review of proposals. Face to face meetings would be impossible, so most meetings would be virtual only. And there will be more work for the person who is the North American rep to the RSC (he or she will be doing single-handed what used to be done by the ALA rep, the LC rep, and the CCC rep). How will disagreements be handled? Must the North American community resolve its differences before a proposal can be submitted, and will this be done by majority vote or a supermajority? How will the work load be divided? And there needs to be better succession planning.
The likely time frame is:
2016: Discussions about NARDAC
2017: Implement NARDAC representation
2018: Single NARDAC rep; possibly other NARDAC RSC members to fill in empty slots
2019: 1 NARDAC rep; single rep from other regions
The impact on CCDA will be minimal, short-term, and perhaps even longer term. RDA-related work will continue; more work may take the form of serving on working groups which will craft proposals. But there may also be new opportunities for CC:DA. Could it have a new role in developing best practices and application profiles beyond those offered by LC and PCC? For example, application profiles for less research-oriented communities, such as public libraries.
The participation of other cultural heritage communities and bodies was discussed. RSC plans to approach the archives and museum communities, in hopes of collaborating with them on data standards. Whether there will continue to be distinct cataloging approaches (bibliographic, archival, and museum) or whether the various approaches will be integrated is a question for the future.
Representatives of non-ALA organizations to CC:DA were asked to bring the news of the restructuring back to their parent organizations, and solicit feedback. Although it is interesting to consider non-ALA organizations having direct representation on NARDAC, there would be huge practical problems with this. It is already a stretch for small library organizations to attend two ALA conferences a year as well as their own conferences. Liaisons from several small professional organizations agreed that it would be too much of a burden to be represented at the international level. Task forces within the RSC structure would offer a change to utilize the expertise of specialist communities. Speaking collectively will also lead to more effective representation. This is something that CAC will have to decide once the new structure is implemented.
Apart from a brief report from the MAC representative, Monday's meeting was devoted chiefly to a presentation from Gordon Dunsire, the RSC Secretary, on RDA data capture and management. The presentation, with PowerPoint slides and notes, is available at:
http://www.gordondunsire.com/pubs/pres/RDADataCap.pptx
Report by Elizabeth O'Keefe
Morgan Library & Museum (retired)
[email protected]
... go to other ALA reports ... | {
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The nature reserve Timanfaya - also called Montañas del Fuego, which means Fire Mountains - lies in the southern part of Lanzarote and extends over an enormous are that is practically impassable.
After paying an entrance fee, you arrive by car (or bus) at the center of the park. From there, there are buses (included in the entrance fee) which take you on a 20 minute drive through the inner fire mountains. The awed visitor is presented with a volcanic landscape that is totally untouched by human hands, and it is truly a very special experience.
Even if one has lived on the island for several years, one keeps being enthralled by this landscape - no matter how loud and uncomfortable the buses may be that take you around.
Even if the topic of volcanism is ever-present in Lanzarote, this is the epitome of it, and it is hard to imagine a vacation on the island without visiting this place.
By the way, you do find the standard touristy hocus pocus that one can easily do without. But for the sake of completeness: here, chicken is grilled over a large hole in the ground (lava heat) and water shoots explosively out of little holes in the ground, once the local uniformed men have poured a bucket of water down each hole.
If one continues on the road from the national park in the direction of Tinajo, there is a pretty museum of vulcanology on the left hand side that is worth a visit if one is interested in the topic. | {
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Resetting the Root Password in CentOS and Red Hat. Overview. It happens to the best of us. The root password for a particular server isn�t known, there are no other admin accounts available, and you need immediate access to the server. It may have been the result of a previous employee not documenting it or maybe it was lost. Either way, it needs to be reset. Resetting the root password... Steps to reset the password of your root user on CentOS. This tutorial today will analyze in a simple way how to reset or modify the password of any CentOS 7 user, either the root user or any other active user of the system.
CentOS-6 Note: Due to an upstream SELinux bug in early versions of CentOS-6, the root password cannot be reset on a fresh install of CentOS-6 without an additional step. Booting with "selinux=0" appended to the grub kernel line, or doing "setenforce 0" after logging in and before attempting to reset the password are work-arounds. This is... I have installed mySQL on a Centos7 vm but I have problems logging in with root. I tried logging in without password or tried any default ones (like mysql, admin etc) I looked in the my.cnf file and there's no password.
This password is bob's password, and not root's password, so be careful when you give rights to a user with sudo. But sudo can do more. We can allow a user or group of users to run only one command, or a group of commands.
In this article we are going to learn how to reset forgotten root password in RHEL 7 / Cent OS 7. On my previous post i have explained the same topic but for Cent OS 6. Then I got a comment from one of my subscriber to write an article for RHEL 7.
In this article I will show how to enable SSH root login on CentOS 6.x. Before you begin the following steps, make sure you first enabled root password. | {
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Published on 13 Jan 2012 12:59 AM
"There's No Reason To Do That"
Part two of our discussion on bad UI in games, with a lot of touch screen talk thrown in. Mzo is the best and worst thing about this week's show. Bad/good job!
The maddening life bars in Ultimate Marvel vs. Capcom 3
The litmus test of a good user interface
Does Skyrim have a terrible UI? Not as bad as Mass Effect's!
How damage should be represented in games
MMO snobbery rears its head
Mzo cheats on Monster Hunter with Tidy Plates (listen longer for his "O" sounds)
How will touch screens affect console gaming?
Is Bastion longer than one of our podcasts?
The downside of Portal 2
The prescience of Wario Ware
Pix'n Love Rush is an iOS game worth playing
Committing to choices in Dark Souls
To the Moon, a fantastic "visual novel" with some faults
Why Dragon Nest is not your standard free-to-play MMO
The best way to solo a multiplayer game
Monster Hunter as mental illness
In-game icon epiphanies, African-American icon epiphanies
Tiny Tower will betray you
Trine 2 will delight you
Antisocial hijinks in Saints Row: The Third
Sonic CD running on Retro Engine
Bacon McShig - 13 Jan 2012, 02:31 PM
Eschewing life bars for health regen and smearing strawberry jam on the player's screens has been absolutely done to death this gen, it's more the rule than the exception. What's up with Nick talking about it like it's some fresh, new approach? I do agree I'd like to see more enemies reflect BATTLE DAMAGE ACTION rather than just absorbing millions of hits without breaking a stride then exploding into gibs when their life bar arbitrarily bottoms out.
Some Stupid Japanese Name - 13 Jan 2012, 04:05 PM
Don't you listen? Nick is still playing Sega CD games. To him, this shit is fresh.
Nick - 13 Jan 2012, 05:08 PM
As I recall, we were talking about life bars, which have been around since God knows when, so the Gears approach is new by comparison. I hated it at first, but I admit that it's a perfect evolution when you have a high percentage of players that hate dying and repeating a level more than a couple of times. Just make sure there's a higher difficulty to play, too.
Pineapple - 14 Jan 2012, 11:12 PM
Listened to the first 45 minutes last night, I really enjoy these and you guys do a great job! Hopefully finishing it up tonight.
Rated E - 17 Jan 2012, 01:59 PM
Miyamoto is so cute with that candy. I might make that my profile picture.
Darmonde - 19 Jan 2012, 03:12 PM
I'd rather the audio not be split between left and right channels. Maybe if done a little bit it would work, but I listen to these at work and usually only use one side of the headphones.
Thank you for listening and commenting. This episode was the only one, I think, where it ended up with that terrible mix. What I try to do is use both channels, making some participants more prominent in one than the other, but this time I had to use the group file, which was mixed like that, and I neglected to make the proper adjustment.
I'll put up a remastered version at some point, but listen to podcast 9, which is going up tomorrow night, and tell me what you think about that approach. It'll be more like previous episodes, but a little differently mixed. (Plus, I think it's an even more entertaining show this week.)
Chux - 19 Jan 2012, 07:12 PM
Nick, no need to be so pleasant to Darmonde, it's just Mzo's monster hunter buddy. HI JOHN!
HI CHUX
There was 1 other episode that had the split audio also, 2 or 3 back, good to know it won't be like that in the future. I play more than just monster hunter! I did listen to all these and have lively debates with Mzo about them. Generally me complaining a lot and him ignoring me.
Nick - 24 Jan 2012, 01:58 AM
The next episode will be published on Wednesday, and will, I hope, concurrently be available on iTunes.
Korian - 25 Jan 2012, 12:18 AM
Too many too fast. Also focusing on member's traits are inside jokes that don't expand your target audience if you really want that? It is very clickish and doesn't mean shit to new members. Set a goal and Mariccio can cheat on Monster Hunter all he wants. The podcasts are good but I don't care to hear circle jerks.
We're going to keep stressing community in future podcasts. Our community is our strength. On another note, we're on the first page of Google results for "video game podcast," ahead of even iTunes.
Good lookin Nick. I thought you wanted to branch out into multimedia that draws in a new audience but keep the old one?
FirstBlood - 25 Jan 2012, 06:56 AM
On another note, we're on the first page of Google results for "video game podcast," ahead of even iTunes.
Not sure if serious...
Chux - 25 Jan 2012, 09:39 AM
It was the very bottom on the first page for me.
Open up IE (or a browser you don't use and aren't logged into google with) and let me know where it comes up. (it doesn't)
hurrrrrrrrrrrrrrrrrrrrr
dave is ok - 25 Jan 2012, 12:06 PM
You can hire me as an SEO consultant. I will promise you page 50 by the end of the year.
You have to summon it with your love for TNL, the greater your love, the higher it appears on your Google search results.
Disclaimer: I've never played Mass Effect, and I have a vested interest in the topic.
I'm interested in the difference between Mass Effect on 360 and PC. When Mass Effect came up I thought it was going to be in a good way, but Chris you said that both versions were terrible for inv. I guess the conversation had moved past the 'port' part of the conversation by then?
I've heard/read that the PC port was very well done, basically what you would want from a redone console->PC port. I know Mzo just played it on 360, maybe I'll make him try the PC one and see what he thinks. | {
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I start with document managment system : i am able to create new document (CV01N) manually, add a local file and check-in this file.
Now we need to store file which are stored on the SAP Application Server.
Firstly, in the GUI of transaction CV01N, i don't know how to browse file on application server. All files i can't attach as original, are files i can access from my computer.
Is it possible to access also on application server files ?
I define this kind of function and run it correctly with a local file (stored on my computer) : i call BAPI "BAPI_DOCUMENT_CREATE2" and "BAPI_DOCUMENT_CHECKIN2"
Please could you confirm what i search, is possible or not.
If possible, could help me with some explanations and guidelines and perhaps a sample ?
data : w_host like BAPI_DOC_AUX-HOSTNAME.
vo_originals LIKE cvapi_doc_file OCCURS 0 WITH HEADER LINE.
read table vo_originals index 1.
open dataset vo_originals-filename for input in text mode ENCODING DEFAULT.
message e500(26) with vo_originals-filename 'not found'.
read dataset vo_originals-filename into lf_line.
message e500(26) with vo_originals-filename 'read error'.
This is a bit tricky. I spent lots of hours about this 🤣.
You have to set PF_HOSTNAME with your name of your AS and gives the path to the file on the server.
But beware: if you have more thän one AS you have to fix one AS for upload or you have to find the servers name of the file. A better way can be to share one folder by each AS.
You also have to decide between HTTP or FTP.
You must define only one ! Then you have to check your settings in SM59 about working right.
Pls rate, if this was helpful.
Indeed this is really tricky and the usage of this function module is very case specific. For my case in particular I managed to make it work using BOTH the ftp and http. But I believe this is because I wanted to get a file from the application server and store it in an ftp server (vault).
The method of storing documents in DMS is either in sap database or external content server. If these files are stored on application server, first thing you need is to transport these files with help of abap program to either sap database or content server whichever you are using to store the dms documents in current scenario.
Once these documents are stored or transported to any of these repositories, you can access them easily.
Thanks Ravindra for the anwser.
Basically and initialy, the files are stored on Database.
My issue concern original files.
And i can check-in them manually or with function module when they are stored on my PC.
But i have technical problem when i want to upload files which are initialy located on the server.
E:\usr\sap\TD1\DVEBMGS00\data\FACTURE.txt is a file located on the SAP Application server and i want to "Upload" it with Abap function module in a Document.
My question is precisely how to "Transport this file located on Application server" in the repository.
Try function module BAPI_DOCUMENT_GETDETAIL2. It may help you.
I have a similar requirement. Did you manage to solve your problem? Can you share it please?
Yes, the similar principle works for adding an file to an existing DMS document.
Unfortunatly, I don't have anymore access to the system. But the structure of T_FILE should simply a record of X characters (example 80) . | {
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Kindle Scout Can Catch You Out
Why do shocker emails always seem to arrive at the end of the day on a Monday?
I'd been a Kindle Scout fan for a long time – in fact, one of the books I champion and promote a lot was one of their first titles, Housebroken. My own Kindle Scout campaign for Lost Solace was going really well. The book had been "hot and trending" and getting lots of views. The action was all organic, as in real people who wanted to back the book. I refused to pay for any spammy services that boosted the book's campaign: especially after I saw that one or two of those that were getting the most votes were not good books - often the previews were badly-written and there were basic writing and punctuation mistakes in the first few sentences. I refused to join them in paying for votes. As usual, I wanted my books to stand purely on their quality.
When I started the Kindle Scout campaign I had to tick a box saying that Lost Solace had never "been available for sale in any format, anywhere in the past, including on Amazon." That was true. Note that they only talk about the past. That implies the future is fine. I read all the guidelines carefully. I noted that Kindle Scout did not take the paperback rights. The guidelines specifically said that the author was free to publish the paperback themselves, or via a third party.
When an e-book is published it can take up to three days to reach all the distributor sites. It's often less than that. When a paperback is published it takes a lot longer - sometimes it can be a month for the metadata to be fully shared. I know, I know, it makes no sense - it should be instantaneous, but that's how the book industry works. Sometimes Waterstones will say a book isn't available anywhere even though it may have gone on sale a week or so earlier. That's because the details of the book still haven't got on to the main systems they check. It's normal, and publishers just build the delays in to their plans. It also means you have to plan ahead. So, I set the paperback of Lost Solace in motion, guessing it wouldn't be fully available until November, maybe in time to coincide with the launch of the e-book, which would hopefully be published by Kindle Scout this time. That offers a number of advantages: it would have some starting sales rank above zero; it would have early reviews; there would be a buzz among book bloggers and on social media. That then helps push the e-book to the front of some lists and means it becomes visible to buyers. It's all common sense.
You can tell there is going to be a "but" ...
Last night I got an email off Amazon with the innocuous title of "Your Kindle Scout Book", from a member of Amazon staff whose name I recognised. I'd been in touch with them a few times, and had been helping them out. One thing you may not realise is that, if you put your book on to somewhere like Kindle Scout, you will suddenly get a lot of persistent spam from people claiming to be able to promote it for you. The emails are dodgy stuff, with typos, no URLs, unfinished sigs, beginning with boilerplate stuff like "I saw your ebook on Kindle scout. From the blurb it looks like a high quality e-book. If you are looking for some real promotion and exposure for your book, I can help" and ending with "serious interest only" and "respond now if you want to get published by Kindle Scout". The spammers probably have a lot of fake accounts that will vote for your book if you pay. It is both dishonest and risky, since it is easy for Amazon to spot the accounts and work out that the author is following dubious practices that are against their regulations. Some of the spammers were persistent and contacted me multiple times - emails, Facebook, Goodreads and so on. In one case they even used my non-public email address. So I shared the messages with Amazon so they could get an idea of the scale of the problem and the (probably fake) names involved. My Amazon contact thanked me and shared the information within their teams. They also told me: "When we calculate the clicks to show on the Campaign Stats page, we filter out any clicks coming from robots, which includes search engine crawlers, the Facebook crawler, as well as any other automated scripts that the author might have set up." I'd also been in touch with them about formatting errors their process had introduced to books, where section breaks were messed up. They fixed it and thanked me for flagging that up too. In each case it was the same contact at Kindle Scout and I was happy to help improve the service, for them and for other authors. So I expected this to be another email following up on one of the service aspects we'd discussed.
No. Kindle Scout threw my book out.
"We recently found that the paperback version of your book is available in Amazon. Due to this issue, we will remove your campaign from our site."
Even though it was the same contact I'd been in touch with, the tone was cold, robotic - it was obviously a standard email, the kind anyone who contacts Amazon will be used to.
At the end of the email it invited me to contact them to discuss it.
I didn't hang about. I sent a polite email with some of the explanation above. I pointed this out:
The actual Kindle Scout rules you linked to say "Kindle Scout books should not have been available for sale in any format, anywhere in the past, including on Amazon." And it is true, the book had not been available in any format, anywhere in the past, so technically I don't seem to be in breach of it, which is how this has occurred. I thought it was okay. If not, the wording should be changed to "Kindle Scout books should not have been available for sale in any format, anywhere in the past, including on Amazon; AND SHOULD NOT BE FOR THE DURATION OF THE CAMPAIGN." (Obviously not in caps, I just did that to highlight my addition!)
I also explained why I'd set the paperback in motion:
Is there anything that can be done? I had been really excited about the idea of possibly working with Amazon on this new venture. My last book sold thousands of copies (enough to grant me professional membership of the Horror Writers Association), and this new one is even better. I'd be grateful if you could give me some advice here. I really thought I was fully in line with your guidance, just as I had been when I first submitted to Kindle Scout. It's been exciting, and I'll be so disappointed if it fails now just because I misunderstood one of the criteria! Even more upsetting that I was just trying to be efficient, and set up a good environment for if Kindle Scout published the e-book! I thought that it would be good to get on with the paperback because the good previews from book bloggers would build up excitement for the e-book and drive sales to it.
Many thanks for your time; any guidance or ways that I can stay in the program would be much appreciated!
I sent the email and hoped we could sort it out.
I didn't know that Amazon had already taken Lost Solace down emailed everyone who had voted for it as follows:
Dear Scout,
We wanted to let you know that your Kindle Scout nomination for Lost Solace has been removed from the Kindle Scout site, and your nomination slot is available. There are still tons of great never-before-published books that could use your support! We hope you'll use your nominations to scout the next titles you want to see published.
The Kindle Scout team
I only discovered this when I started to get messages in email, Facebook and Twitter from people asking what was going on! The Amazon message's vagueness suggests I've done something wrong, or there are shenanigans afoot. Was the book plagiarised? Had Karl been paying for fake votes and been caught? Had it been revealed that he was a serial killer and Amazon were distancing themselves from him? It was obvious there must be a story behind it. And this is that story. Sorry, it's not as dramatic or scandalous as you might expect.
As you can imagine, I was pretty frustrated that, even though I immediately responded to Amazon, and they had invited me to do that - they had already removed the book and emailed all the voters before I had a chance to send my email!
Removing the book and emailing voters at that early stage was certainly overkill, thought it may have well have been an automated process, knowing how Amazon works (i.e. as soon as it is flagged up their bots kick the campaign, regardless of what their staff say in an email). I was grateful to people for letting me know what Amazon had said to them, because often the author is the last to find out when automated scripts kick in!
So what happens next?
Possible outcomes:
1. Kindle Scout reinstate the campaign. That's probably unlikely now they have nuked it without waiting to hear back from me.
2. Kindle Scout ignore what I said and the e-book is released without them. I won't get their marketing help or an advance, but it means the e-book could be available before Halloween, and (you may be surprised to know) I'll get higher royalties and more control over the book than if Kindle Scout published it. So, actually, even the worst case scenario isn't bad. It just means I wasted the time waiting for the Amazon campaign, and asking people to vote for it!
But I don't want to waste your time. If Amazon publish a Kindle Scout book they give a free e-book copy to everyone who voted for it. If they have permanently closed the campaign that won't happen now. So I'll be nicer than Amazon, and if they don't re-open the campaign I'll give a free e-book to anyone who gets in touch with me and who had voted for Lost Solace. I don't want the generosity of you kind people to be wasted, after you took the time to vote. I really appreciate everyone who did that.
There you go, that's the full scoop! Hopefully it is a useful for authors on interpreting the Kindle Scout rules so no-one else accidentally falls foul of Amazon like I did. Even better if Amazon makes their guidelines clearer and removes the ambiguity over the timing of the paperback releases. The guidance is obviously not clear at present, or I wouldn't have made this mistake. Likewise one person replied to my explanation with "Wow! Considering I'm preparing a novel for a Kindle Scout campaign and was just trying to determine when I could publish the trade paperback, this is actually really helpful timing (for me, not for you!)" Amazon - you need to clarify this point for future authors trying Kindle Scout!
As I pointed out, it's not all bad. The e-book will be available one way or the other. If I hear back from Amazon I'll add an update to the end of this post. In the meantime, there's the paperback. And, once again, I am reminded of how nice the readers and authors who support me are. One message of support I received ended with: "I went ahead and ordered the trade paperback of LOST SOLACE in the meantime. Looking forward to reading it!"
Update: Kindle Scout aren't going to reinstate the campaign. For info, this is their email.
I completely understand your concern.
We were truly sorry to remove your campaign as well, since we loved to have your title as part of our Kindle Scout platform.
If you have a new, never-before-published manuscript that you've finished working on, we encourage you to submit it to Kindle Scout. If your title is selected for publication we ask that authors wait until their Kindle book is released through Kindle Press prior to making a print version available (this helps the new release launch momentum and us keep our promise to Scouts that they'll receive an early copy of an ever-before-published book).
Additionally, regarding your suggestion I think is a very good idea to include in our guidelines that Kindle Scout titles shouldn't be available in other formats during the campaign time. I have transferred this suggestion to our appropriate team for future improvements of our platform.
We thank you for your understanding, and we hope to review a new, never-before-published book of yours in the near future!
So be it. No hard feelings. Onwards and upwards! The e-book is here sooner than you thought! And I should be used to Amazon by now.
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Tags: Lost Solace publishing | {
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In the next few weeks, Facebook will be rolling out significant privacy changes to the site that will make it easier to share information with people outside your immediate network – making the site more public in nature, like Twitter.
In addition, Facebook's new changes will allow you to decide who you share information with on a post-by-post basis, alleviating the need to tamper with the site's privacy controls as frequently.
Meanwhile Canada's privacy commissioner has ruled Facebook is breaking the law when it comes to privacy. Third-party applications are collecting too much information, and the site doesn't delete the information after user accounts are deactivated, according to the Canadian Internet Policy and Public Interest Clinic (CIPPIC).
Here's what to expect from the new settings (in detail), and how they differ from the current system.
Under the current privacy settings, you must visit the privacy console on Facebook. (And if you haven't done so yet, we have a detailed, step-by-step guide on how to set your Facebook settings properly). http://www.cio.com/special/slideshows/facebook_privacy/index In general, the privacy tools let you select who is allowed to view certain pieces of your Facebook content, including wall posts, pictures and links (among others).
The options include "everyone" on Facebook, "your friends," "friends of friends," or "custom." The latter feature allows you to control privacy in the most granular fashion. You could say you want to share pictures, for instance, with everyone except certain friends, or groups of friends, that you select.
In order to select a group of friends that you'd like to exclude, you must first create a Friend List. In our tips for sorting through the noise on Facebook, http://www.cio.com/article/488579/The_New_Facebook_Three_Easy_Tips_for_Sorting_Through_the_Noise_ we show you how to create a Friend List.
While Facebook and much of the media covering the company has deemed these privacy settings "complex," I've never found them to be terribly difficult to use.
But the current settings do have one notable drawback: They force you to make blanket decisions about what types of content you share with with certain friends, rather than doing it judiciously on a case-by-case basis as you post.
For instance, let's say you arrive at the conclusion that you do not want to share pictures with a Friend List comprised of your co-workers because, in general, the photos you upload to Facebook are personal in nature. Under the current settings, you would click the "custom" option to exclude them.
But maybe, on occasion, you want to share a slideshow with them (say, for example, after your trip to a conference). In order to share it, you would have to revisit the privacy page to give them access to your pictures. Once you feel they've had a chance to see the album in question, you would have to revisit the privacy settings page again to block access to your future pictures. It makes for quite a process.
During the course of the next few weeks, Facebook will roll out new privacy settings to users gradually. According a recent press conference, http://www.insidefacebook.com/2009/07/01/live-notes-from-the-facebook-privacy-conference-call/ the company will start with 40,000 users in the United States, before expanding to 80,000 internationally. After those two stages, and depending on how the work proceeds, the rest of the user base will receive the new settings gradually.
According to Facebook, the new settings will "simplify" privacy by offering users a transition tool to select who they would like to share their information with on the site. Users can be "open," which allows them to share publicly, something the company thinks many bloggers, media and celebrities might utilize. On the opposite end of the spectrum, users may call themselves "limited," which means they want to share with only friends.
The compromise option is called "recommended." Facebook suggests it for the majority of users. Within the "recommended" option, you can share with everyone or a select group of friends.
After choosing a general privacy level, you will now also be able to control who sees your information on a post-by-post basis. In order to do this, Facebook will add a privacy feature to its publisher tool, which is found at the top of the Facebook homepage. When you decide to share a status message, for instance, you can choose to share it with "everyone," "friends," or "custom," the latter being a select group that you select from within your friend list.
Around Silicon Valley, it's been speculated that Facebook's CEO, Mark Zuckerberg, wanted Facebook to compete more directly with Twitter after the blossoming short messaging service became the media darling in 2008 that Facebook was in 2007. The recent redesign to Facebook, which sports a homepage with real-time data streams, looks very similar to Twitter.
But even after the March 2009 facelift, the nature of Facebook largely remained intact: It's a place to share with your friends and close contacts – unlike Twitter, which is completely public and searchable via Google. The new privacy settings, with the "everyone" option added to the content publisher, essentially encourages people to use Facebook much as they do Twitter.
Personally, I'm not convinced that's a good idea, for Facebook or its users.
Wth this new round of privacy tweaks, Facebook will undoubtedly receive backlash from both users and privacy advocates (as it does with every change it makes to the service.) The question, of course, is how widespread the criticism will be. In the past, the fuss about new features or changes to Facebook has captured the attention of social networking insiders and the media who follow them, rather than a critical mass of the public. But it's how the average user feels about Facebook going the "everything" route that will determine the company's future viability.
C.G. Lynch covers Facebook, Google and Twitter for CIO.com. You can follow him on Twitter: @cglynch. | {
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Workforce Innovation and Opportunity Act; Notice of Proposed Rulemaking
A Proposed Rule by the Employment and Training Administration on 04/16/2015
Employment and Training Administration
To be ensured consideration, comments must be submitted in writing on or before June 15, 2015.
Comments Close:
80 FR 20689
20689-20966 (278 pages)
20 CFR 603
Docket No. ETA-2015-0001
1205-AB73
Enhanced Content
Relevant information about this document from Regulations.gov provides additional context. This information is not part of the official Federal Register document.
Docket Number:
ETA-2015-0001
Docket Name:
Workforce Innovation and Opportunity Act
Docket RIN
Public Comments:
Supporting/Related Materials:
Native American Employment and Training Council (NAETC)...
Preamble Table of Contents
I. Executive Summary
II. Acronyms and Abbreviations
III. Background
A. Workforce Innovation and Opportunity Act Principles
B. Major Changes From Current Workforce Investment Act of 1998
C. Rule Format
D. Legal Basis
IV. Section-by-Section Discussion of Proposal
A. Part 603—Federal-State Unemployment Compensation Program Disclosure of Confidential Unemployment Compensation Information Under WIOA Sec. 116
Relationship Between 20 CFR Part 603 and WIOA
Section 603.2(d)(2)-(5)
Section 603.5(e)
Section 603.6(8)
B. Part 675—Introduction to the Regulations for the Workforce Innovation and Opportunity Systems Under Title I of the Workforce Innovation and Opportunity Act
C. Part 679—Statewide and Local Governance of the Workforce Innovation and Opportunity System Under Title I of the Workforce Innovation and Opportunity Act
1. Subpart A—State Workforce Development Board
Section 679.100 What is the vision and purpose of the State Board?
Section 679.110 What is the State Workforce Development Board?
Section 679.120 What is meant by the terms "optimum-policy-making authority" and "demonstrated experience and expertise"?
Section 679.130 What are the functions of the State Board?
Section 679.140 How does the State Board meet its requirement to conduct business in an open manner under "sunshine provision" of the Workforce Innovation and Opportunity Act sec. 101(g)?
Section 679.150 Under what circumstances may the Governor select an alternative entity in place of the State Workforce Development Board?
Section 679.160 Under what circumstances may the State Board hire staff?
2. Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas)
Section 679.200 What is the purpose of a region?
Section 679.210 What are the requirements for identifying a region?
Section 679.220 What is the purpose of the local workforce development area?
Section 679.230 What are the general procedural requirements for designation of local workforce development areas?
Section 679.240 What are the substantive requirements for designation of local workforce development areas that were not designated as local areas under the Workforce Investment Act of 1998?
Section 679.250 What are the requirements for initial and subsequent designation of workforce development areas that had been designated as local areas under the Workforce Investment Act of 1998?
Section 679.260 What do the terms "performed successfully" and "sustained fiscal integrity" mean for purposes of designating local areas?
Section 679.270 What are the special designation provisions for single-area States?
Section 679.280 How does the State fulfill the requirement to provide assistance to local areas within a planning region that wish to redesignate into a single local area?
Section 679.290 What right does an entity have to appeal the Governor's decision rejecting a request for designation as a workforce development area?
3. Subpart C—Local Boards
Section 679.300 What is the vision and purpose of the Local Workforce Development Board?
Section 679.310 What is the Local Workforce Development Board?
Section 679.320 Who are the required members of the Local Workforce Development Board?
Section 679.330 Who must chair a Local Board?
Section 679.340 What is meant by the terms "optimum policy-making authority" and "demonstrated experience and expertise"?
Section 679.350 What criteria will be used to establish the membership of the Local Board?
Section 679.360 What is a standing committee, and what is its relationship to the Local Board?
Section 679.370 What are the functions of the Local Board?
Section 679.380 How does the Local Board satisfy the consumer choice requirements for career services and training services?
Section 679.390 How does the Local Board meet its requirement to conduct business in an open manner under the "sunshine provision" of the Workforce Innovation and Opportunity Act?
Section 679.400 Who are the staff to the Local Board and what is their role?
Section 679.410 Under what conditions may a Local Board directly be a provider of career services, or training services, or act as a one-stop operator?
Section 679.420 What are the functions of the local fiscal agent?
Section 679.430 How do entities performing multiple functions in a local area demonstrate internal controls and prevent conflict of interest?
4. Subpart D—Regional and Local Plan
Section 679.500 What is the purpose of the regional and local plan?
Section 679.510 What are the requirements for regional planning?
Section 679.520 What are the requirements for approval of a regional plan?
Section 679.530 When must the regional plan be modified?
Section 679.540 How are local planning requirements reflected in a regional plan?
Section 679.550 What are the requirements for the development of the local plan?
Section 679.560 What are the contents of the local plan?
Section 679.580 When must the local plan be modified?
Section 679.570 What are the requirements for approval of a local plan?
5. Subpart E—Waivers/WorkFlex (Workforce Flexibility Plan)
Section 679.600 What is the purpose of the General Statutory and Regulatory Waiver Authority in the Workforce Innovation and Opportunity Act?
Section 679.610 What provisions of the Workforce Innovation and Opportunity Act and the Wagner-Peyser Act may be waived, and what provisions may not be waived?
Section 679.620 Under what conditions may a Governor request, and the Secretary approve, a general waiver of statutory or regulatory requirements under the Workforce Innovation and Opportunity Act?
Section 679.630 Under what conditions may the Governor submit a Workforce Flexibility Plan?
Section 679.640 What limitations apply to the State's Workforce Flexibility Plan authority under the Workforce Innovation and Opportunity Act?
D. Part 680—Adult and Dislocated Worker Activities Under Title I of the Workforce Innovation and Opportunity Act
2. Subpart A—Delivery of Adult and Dislocated Worker Activities Under Title I of the Workforce Innovation and Opportunity Act
Section 680.100 What is the role of the adult and dislocated worker programs in the one-stop delivery system?
Section 680.110 When must adults and dislocated workers be registered and considered a participant?
Section 680.120 What are the eligibility criteria for career services for adults in the adult and dislocated worker programs?
Section 680.130 What are the eligibility criteria for career services for dislocated workers in the adult and dislocated worker programs?
Section 680.140 What Workforce Innovation and Opportunity Act title I adult and dislocated worker services are Local Boards required and permitted to provide?
Section 680.150 What career services must be provided to adults and dislocated workers?
Section 680.160 How are career services delivered?
Section 680.170 What is an internship or work experience for adults and dislocated workers?
Section 680.180 What is the individual employment plan?
3. Subpart B—Training Services
Section 680.200 What are training services for adults and dislocated workers?
Section 680.210 Who may receive training services?
Section 680.220 Are there particular career services an individual must receive before receiving training services under Workforce Innovation and Opportunity Act?
Section 680.230 What are the requirements for coordination of Workforce Innovation and Opportunity Act training funds and other grant assistance?
4. Subpart C—Individual Training Accounts
Section 680.300 How are training services provided?
Section 680.310 Can the duration and amount of Individual Training Accounts be limited?
Section 680.320 Under what circumstances may mechanisms other than Individual Training Accounts be used to provide training services?
Section 680.330 How can Individual Training Accounts, supportive services, and needs-related payments be used to support placing participating adults and dislocated workers into a registered apprenticeship program and support participants once they are in a registered apprenticeship program?
Section 680.340 What are the requirements for consumer choice?
5. Subpart D—Eligible Training Providers
Section 680.400 What is the purpose of this subpart?
Section 680.410 What entities are eligible providers of training services?
Section 680.420 What is a "program of training services"?
Section 680.430 Who is responsible for managing the eligible provider process?
Section 680.440 What are the transition procedures for Workforce Investment Act-eligible providers to become eligible under the Workforce Innovation and Opportunity Act?
Section 680.450 What is the initial eligibility procedure for new providers?
Section 680.460 What is the application procedure for continued eligibility?
Section 680.470 What is the procedure for registered apprenticeship programs that seek to be included on the State's eligible training provider list?
Section 680.480 May an eligible training provider lose its eligibility?
Section 680.490 What kind of performance and cost information must eligible training providers provide for each program of training?
Section 680.500 How is the State list of eligible training providers disseminated?
Section 680.510 In what ways can a Local Board supplement the information available from the State list?
Section 680.520 May individuals choose training providers located outside of the local area?
Section 680.530 What requirements apply to providers of on-the-job training, customized training, incumbent worker training, and other training exceptions?
6. Subpart E—Priority and Special Populations
Section 680.600 What priority must be given to low-income adults and public assistance recipients and individuals who are basic skills deficient served with adult funds under title I?
Section 680.610 Does the statutory priority for use of adult funds also apply to dislocated worker funds?
Section 680.620 How does the Temporary Assistance for Needy Families program relate to the one-stop delivery system?
Section 680.630 How does a displaced homemaker qualify for services under title I?
Section 680.640 May an individual with a disability whose family does not meet income eligibility criteria under the Act be eligible for priority as a low-income adult?
Section 680.650 Do veterans receive priority of service under the Workforce Innovation and Opportunity Act?
Section 680.660 Are separating service members eligible for dislocated worker activities under the Workforce Innovation and Opportunity Act?
7. Subpart F—Work-Based Training
Section 680.700 What are the requirements for on-the-job training?
Section 680.710 What are the requirements for on-the-job training contracts for employed workers?
Section 680.720 What conditions govern on-the-job training payments to employers?
Section 680.730 Under what conditions may a Governor or Local Board raise the on-the-job training reimbursement rate up to 75 percent of the wage rate?
Section 680.740 How can on-the-job training funds be used to support placing participants into a registered apprenticeship program?
Section 680.750 Can Individual Training Account and on-the-job training funds be combined to support placing participants into a registered apprenticeship program?
Section 680.760 What is customized training?
Section 680.770 What are the requirements for customized training for employed workers?
Section 680.780 Who is an "incumbent worker" for purposes of statewide and local employment and training activities?
Section 680.790 What is incumbent worker training?
Section 680.800 What funds may be used for incumbent worker training?
Section 680.810 What criteria must be taken into account for an employer to be eligible to receive local incumbent worker funds?
Section 680.820 Are there cost sharing requirements for local area incumbent worker training?
Section 680.830 What is a transitional job?
Section 680.840 What funds may be used for transitional jobs?
Section 680.850 May funds provided to employers for work-based training be used to assist, promote, or deter union organizing?
8. Subpart G—Supportive Services
Section 680.900 What are supportive services for adults and dislocated workers?
Section 680.910 When may supportive services be provided to participants?
Section 680.920 Are there limits on the amounts or duration of funds for supportive services?
Section 680.930 What are needs-related payments?
Section 680.940 What are the eligibility requirements for adults to receive needs-related payments?
Section 680.950 What are the eligibility requirements for dislocated workers to receive needs-related payments?
Section 680.960 May needs-related payments be paid while a participant is waiting to start training classes?
Section 680.970 How is the level of needs-related payments determined?
E. Part 681—Youth Activities Under Title I of the Workforce Innovation and Opportunity Act
2. Subpart A—Standing Youth Committees
Section 681.100 What is a standing youth committee?
Section 681.110 Who is included on a standing youth committee?
Section 681.120 What does a standing youth committee do?
3. Subpart B—Eligibility for Youth Services
Section 681.200 Who is eligible for youth services?
Section 681.210 Who is an "out-of-school youth"?
Section 681.220 Who is an "in-school youth"?
Section 681.230 What does "school" refer to in the "not attending or attending any school" in the out-of-school and in-school definitions?
Section 681.240 When do local youth programs verify dropout status, particularly for youth attending alternative schools?
Section 681.250 Who does the low-income eligibility requirement apply to?
Section 681.260 How does the Department define "high poverty area" for the purposes of the special rule for low-income youth in Workforce Innovation and Opportunity Act?
Section 681.270 May a local program use eligibility for free or reduced price lunches under the National School Lunch Program as a substitute for the income eligibility criteria under title I of the Workforce Innovation and Opportunity Act?
Section 681.280 Is a youth with a disability eligible for youth services under the Act if their family income exceeds the income eligibility criteria?
Section 681.290 How does the Department define the "basic skills deficient" criterion in this part?
Section 681.300 How does the Department define the "requires additional assistance to complete an educational program, or to secure and hold employment" criterion in this part?
Section 681.310 Must youth participants enroll to participate in the youth program?
4. Subpart C—Youth Program Design, Elements, and Parameters
Section 681.400 What is the process used to select eligible youth providers?
Section 681.410 Does the requirement that a State and local area expend at least 75 percent of youth funds to provide services to out-of-school youth apply to all youth funds?
Section 681.420 How must Local Boards design Workforce Innovation and Opportunity Act youth programs?
Section 681.430 May youth participate in both the Workforce Innovation and Opportunity Act youth and adult programs concurrently, and how do local program operators track concurrent enrollment in the Workforce Innovation and Opportunity Act youth and adult programs?
Section 681.440 How does a local youth program determine if an 18 to 24 year old is enrolled in the Workforce Innovation and Opportunity Act youth program or Workforce Innovation and Opportunity Act adult program?
Section 681.450 For how long must a local Workforce Innovation and Opportunity Act youth program serve a participant?
Section 681.460 What services must local programs offer to youth participants?
Section 681.470 Does the Department require local programs to use Workforce Innovation and Opportunity Act funds for each of the 14 program elements?
Section 681.480 What is a pre-apprenticeship program?
Section 681.490 What is adult mentoring?
Section 681.500 What is financial literacy education?
Section 681.510 What is comprehensive guidance and counseling?
Section 681.520 What are leadership development opportunities?
Section 681.530 What are positive social and civic behaviors?
Section 681.540 What is occupational skills training?
Section 681.550 Are Individual Training Accounts permitted for youth participants?
Section 681.560 What is entrepreneurial skills training and how is it taught?
Section 681.570 What are supportive services for youth?
Section 681.580 What are follow-up services for youth?
Section 681.590 What is the work experience priority?
Section 681.600 What are work experiences?
Section 681.610 How will local Workforce Innovation and Opportunity Act youth programs track the work experience priority?
Section 681.620 Does the Workforce Innovation and Opportunity Act require Local Boards to offer summer employment opportunities in the local youth program?
Section 681.630 How are summer employment opportunities administered?
Section 681.640 What does education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster mean?
Section 681.650 Does the Department allow incentive payments for youth participants?
Section 681.660 How can parents, youth, and other members of the community get involved in the design and implementation of local youth programs?
5. Subpart D—One-Stop Services to Youth
Section 681.700 What is the connection between the youth program and the one-stop service delivery system?
Section 681.710 Do Local Boards have the flexibility to offer services to area youth who are not eligible under the youth program through the one-stop centers?
F. Part 682—Statewide Activities Under Title I of the Workforce Innovation and Opportunity Act
2. Subpart A—General Description
Section 682.100 What are the statewide employment and training activities under title I of the Workforce Innovation and Opportunity Act?
Section 682.110 How are statewide employment and training activities funded?
3. Subpart B—Required and Allowable Statewide Employment and Training Activities
Section 682.200 What are required statewide employment and training activities?
Section 682.210 What are allowable statewide employment and training activities?
Section 682.220 What are States' responsibilities in regard to evaluations and research?
4. Subpart C—Rapid Response Activities
Section 682.300 What is rapid response, and what is its purpose?
Section 682.310 Who is responsible for carrying out rapid response activities?
Section 682.320 What is layoff aversion, and what are appropriate layoff aversion strategies and activities?
Section 682.330 What rapid response activities are required?
Section 682.340 May other activities be undertaken as part of rapid response?
Section 682.350 What is meant by "provision of additional assistance" in Workforce Innovation and Opportunity Act?
Section 682.360 What rapid response, layoff aversion, or other information will States be required to report to the Employment and Training Administration?
Section 682.370 What are "allowable statewide activities" for which rapid response funds remaining unspent at the end of the year of obligation may be recaptured by the State?
G. Part 683—Administrative Provisions Under Title I of the Workforce Innovation and Opportunity Act
2. Subpart A—Funding and Closeout
Section 683.100 When do Workforce Innovation and Opportunity Act grant funds become available for obligation?
Section 683.105 What award document authorizes the expenditure of funds under title I of the Workforce Innovation and Opportunity Act and the Wagner-Peyser Act?
Section 683.110 What is the period of performance of Workforce Innovation and Opportunity Act title I and Wagner-Peyser Act funds?
Section 683.115 What planning information must a State submit in order to receive a formula grant?
Section 683.120 How are Workforce Innovation and Opportunity Act title I formula funds allocated to local areas?
Section 683.125 What minimum funding provisions apply to Workforce Innovation and Opportunity Act adult, dislocated worker, and youth allocations?
Section 683.130 Does a Local Board have the authority to transfer funds between the adult employment and training activities allocation and the dislocated worker employment and training activities allocation?
Section 683.135 What reallotment procedures does the Secretary use?
§ 683.140 What reallocation procedures must the Governors use?
Section 683.145 What merit review and risk assessment does the Department conduct for Federal financial assistance awards made under Workforce Innovation and Opportunity Act title I, subtitle D?
Section 683.150 What closeout requirements apply to grants funded with Workforce Innovation and Opportunity Act title I and Wagner-Peyser Act funds?
3. Subpart B—Administrative Rules, Costs and Limitations
Section 683.200 What general fiscal and administrative rules apply to the use of Workforce Innovation and Opportunity Act title I and Wagner-Peyser funds?
Section 683.205 What administrative cost limitations apply to Workforce Innovation and Opportunity Act title I grants?
Section 683.210 What audit requirements apply to the use of Workforce Innovation and Opportunity Act title I and title III funds?
Section 683.215 What Workforce Innovation and Opportunity Act title I functions and activities constitute the costs of administration subject to the administrative cost limitation?
Section 683.220 What are the internal control requirements for recipients and subrecipients of Workforce Innovation and Opportunity Act title I and Wagner-Peyser Act funds?
Section 683.225 What requirements relate to the enforcement of the Military Selective Service Act?
Section 683.230 Are there special rules that apply to veterans when income is a factor in eligibility determinations?
Section 683.235 May Workforce Innovation and Opportunity Act title I funds be spent for construction?
Section 683.240 What are the instructions for using real property with Federal Equity?
Section 683.245 Are employment generating activities, or similar activities, allowable under title I of the Workforce Innovation and Opportunity Act?
Section 683.250 What other activities are prohibited under title I of the Workforce Innovation and Opportunity Act?
Section 683.255 What are the limitations related to religious activities in title I of the Workforce Innovation and Opportunity Act?
Section 683.260 What prohibitions apply to the use of Workforce Innovation and Opportunity Act title I funds to encourage business relocation?
Section 683.265 What procedures and sanctions apply to violations of this part?
Section 683.270 What safeguards are there to ensure that participants in Workforce Innovation and Opportunity Act employment and training activities do not displace other employees?
Section 683.275 What wage and labor standards apply to participants in activities under title I of the Workforce Innovation and Opportunity Act?
Section 683.280 What health and safety standards apply to the working conditions of participants in activities under title I of the Workforce Innovation and Opportunity Act?
Section 683.285 What are a recipient's obligations to ensure nondiscrimination and equal opportunity, and what are a recipient's obligations with respect to religious activities?
Section 683.290 Are there salary and bonus restrictions in place for the use of Workforce Innovation and Opportunity Act title I and Wagner-Peyser Act funds?
Section 683.295 Is earning of profit allowed under the Workforce Innovation and Opportunity Act?
4. Subpart C—Reporting Requirements
683.300 What are the reporting requirements for programs funded under the Workforce Innovation and Opportunity Act?
5. Subpart D—Oversight and Resolution of Findings
§ 683.400 What are the Federal and State monitoring and oversight responsibilities?
Section 683.410 What are the oversight roles and responsibilities of recipients and subrecipients of Federal financial assistance awarded under title I of the Workforce Innovation and Opportunity Act and Wagner-Peyser?
Section 683.420 What procedures apply to the resolution of findings arising from audits, investigations, monitoring, and oversight reviews?
Section 683.430 How does the Secretary resolve investigative and monitoring findings?
Section 683.440 What is the Grant Officer resolution process?
6. Subpart E—Pay-for-Performance Contract Strategies
Section 683.500 What is a Workforce Innovation and Opportunity Act Pay-for-Performance contract strategy?
Section 683.510 What is a Workforce Innovation and Opportunity Act Pay-for-Performance contract?
Section 683.520 What funds can be used for Workforce Innovation and Opportunity Act Pay-for-Performance contract strategies?
Section 683.530 How long are funds used for Workforce Innovation and Opportunity Act Pay-for-Performance contract strategies available?
Section 683.540 What is the State's role in assisting local areas in using Workforce Innovation and Opportunity Act Pay-for-Performance contract strategies?
7. Subpart F—Grievance Procedures, Complaints, and State Appeals Processes
Section 683.600 What local area, State and direct recipient grievance procedures must be established?
Section 683.610 What processes does the Secretary use to review grievances and complaints of title I recipients?
Section 683.620 How are complaints and reports of criminal fraud and abuse addressed under the Workforce Innovation and Opportunity Act?
Section 683.630 What additional appeal processes or systems must a State have for the Workforce Innovation and Opportunity Act program?
Section 683.640 What procedures apply to the appeals of non-designation of local areas?
Section 683.650 What procedures apply to the appeals of the Governor's imposition of sanctions for substantial violations or performance failures by a local area?
8. Subpart G—Sanctions, Corrective Actions, and Waiver of Liability
Section 683.700 When can the Secretary impose sanctions and corrective actions on recipients and subrecipients of title I Workforce Innovation and Opportunity Act funds?
Section 683.710 Who is responsible for funds provided under title I and Wagner-Peyser?
Section 683.720 What actions are required to address the failure of a local area to comply with the applicable uniform administrative provisions?
Section 683.730 When can the Secretary waive the imposition of sanctions?
Section 683.740 What is the procedure to handle a recipient of title I Workforce Innovation and Opportunity Act funds' request for advance approval of contemplated corrective actions?
Section 683.750 What procedure must be used for administering the offset/deduction provisions of the Workforce Innovation and Opportunity Act?
9. Subpart H—Administrative Adjudication and Judicial Review
Section 683.800 What actions of the Department may be appealed to the Office of Administrative Law Judges?
§ 683.810 What rules of procedure apply to hearings conducted under this subpart?
Section 683.820 What authority does the Administrative Law Judge have in ordering relief as an outcome of an administrative hearing?
Section 683.830 When will the Administrative Law Judge issue a decision?
Section 683.840 Is there an alternative dispute resolution process that may be used in place of an Office of Administrative Law Judges hearing?
Section 683.850 Is there judicial review of a final order of the Secretary issued under the Workforce Innovation and Opportunity Act?
H. Part 684—Indian and Native American Programs Under Title I of the Workforce Innovation and Opportunity Act
2. Subpart A—Purposes and Policies
Section 684.100 What is the purpose of the programs established to serve Indians and Native Americans under the Workforce Innovation and Opportunity Act?
Section 684.110 How must Indian and Native American programs be administered?
Section 684.120 What obligation does the Department have to consult with the Indian and Native American grantee community in developing rules, regulations, and standards of accountability for Indian and Native American programs?
Section 684.130 What definitions apply to terms used in the regulations in this part?
3. Subpart B—Service Delivery Systems Applicable to Section 166 Programs
Section 684.200 What are the requirements to apply for a Workforce Innovation and Opportunity Act grant?
Section 684.210 What priority for awarding grants is given to eligible organizations?
Section 684.220 What is the process for applying for a Workforce Innovation and Opportunity Act grant?
Section 684.230 What appeal rights are available to entities that are denied a grant award?
Section 684.240 Are there any other ways in which an entity may be awarded a Workforce Innovation and Opportunity Act grant?
Section 684.250 Can an Indian and Native American grantee's grant award be terminated?
Section 684.260 Does the Department have to award a grant for every part of the country?
Section 684.270 How are Workforce Innovation and Opportunity Act funds allocated to Indian and Native American program grantees?
4. Subpart C—Services to Customers
Section 684.300 Who is eligible to receive services under the Indian and Native American program?
Section 684.310 What are Indian and Native American program grantee allowable activities?
Section 684.320 Are there any restrictions on allowable activities?
Section 684.330 What is the role of Indian and Native American grantees in the one-stop system?
Section 684.340 What policies govern payments to participants, including wages, training allowances or stipends, or direct payments for supportive services?
Section 684.350 What will the Department do to strengthen the capacity of Indnian and Native American grantees to deliver effective services?
5. Subpart D—Supplemental Youth Services
Section 684.400 What is the purpose of the supplemental youth services program?
Section 684.410 What entities are eligible to receive supplemental youth services funding?
Section 684.420 What are the planning requirements for receiving supplemental youth services funding?
Section 684.430 What individuals are eligible to receive supplemental youth services?
Section 684.440 How is funding for supplemental youth services determined?
Section 684.450 How will supplemental youth services be provided?
Section 684.460 What performance measures are applicable to the supplemental youth services program?
6. Subpart E—Services to Communities
Section 684.500 What services may Indian and Native American program grantees provide to or for employers?
Section 684.510 What services may Indian and Native American program grantees provide to the community at large?
Section 684.520 Must Indian and Native American program grantees give preference to Indian and Native American entities in the selection of contractors or service providers?
Section 684.530 What rules govern the issuance of contracts and/or subgrants?
7. Subpart F—Accountability for Services and Expenditures
Section 684.600 To whom is the Indian and Native American program grantee accountable for the provision of services and the expenditure of INA funds?
Section 684.610 How is this accountability documented and fulfilled?
Section 684.620 What performance measures are in place for the Indian and Native American program?
Section 684.630 What are the requirements for preventing fraud and abuse?
Section 684.640 What grievance systems must an Indian and Native American program grantee provide?
Section 684.650 Can Indian and Native American program grantees exclude segments of the eligible population?
8. Subpart G—Section 166 Planning/Funding Process
Section 684.700 What is the process for submitting a 4-year plan?
Section 684.710 What information must be included in the 4-year plans as part of the competitive application?
Section 684.720 When must the 4-year plan be submitted?
Section 684.730 How will the Department review and approve such plans?
Section 684.740 Under what circumstances can the Department or the Indian and Native American program grantee modify the terms of the grantee's plan(s)?
9. Subpart H—Administrative Requirements
Section 684.800 What systems must an Indian and Native American program grantee have in place to administer an Indian and Native American program?
Section 684.810 What types of costs are allowable expenditures under the Indian and Native American program?
Section 684.820 What rules apply to administrative costs under the Indian and Native American program?
Section 684.830 Does the Workforce Innovation and Opportunity Act administrative cost limit for States and local areas apply to grants?
Section 684.840 How should Indian and Native American program grantees classify costs?
Section 684.850 What cost principles apply to Indian and Native American funds?
Section 684.860 What audit requirements apply to Indian and Native American grants?
Section 684.870 What is "program income" and how is it regulated in the Indian and Native American program?
10. Subpart I—Miscellaneous Program Provisions
Section 684.900 Does the Workforce Innovation and Opportunity Act provide regulatory and/or statutory waiver authority?
Section 684.910 What information is required in a waiver request?
Section 684.920 What provisions of law or regulations may not be waived?
Section 684.930 May Indian and Native American grantees combine or consolidate their employment and training funds?
Section 684.940 What is the role of the Native American Employment and Training Council?
Section 684.950 Does the Workforce Innovation and Opportunity Act provide any additional assistance to unique populations in Alaska and Hawaii?
I. Part 685—National Farmworker Jobs Program Under Title I of the Workforce Innovation and Opportunity Act
2. Subpart A—Purpose and Definitions
Section 685.100 What is the purpose of the National Farmworker Jobs Program and the other services and activities established under Workforce Innovation and Opportunity Act?
Section 685.110 What definitions apply to this program?
Section 685.120 How does the Department administer the National Farmworker Jobs Program?
Section 685.130 How does the Department assist grantees to serve eligible migrant and seasonal farmworkers?
Section 685.140 What regulations apply to the programs authorized under Workforce Innovation and Opportunity Act?
3. Subpart B—The Service Delivery System for the National Farmworker Program
Section 685.200 Who is eligible to receive a National Farmworker Jobs Program grant?
Section 685.210 How does an eligible entity become a grantee?
Section 685.220 What is the role of the grantee in the one-stop delivery system?
Section 685.230 Can a grantee's designation be terminated?
Section 685.240 How does the Department use funds appropriated under Workforce Innovation and Opportunity Act for the National Farmworker Jobs Program?
4. Subpart C—The National Farmworker Jobs Program Customers and Available Program Services
Section 685.300 What are the general responsibilities of grantees?
Section 685.310 What are the basic components of an National Farmworker Jobs Program service delivery strategy?
Section 685.320 Who is eligible to receive services under the National Farmworker Jobs Program?
Section 685.330 How are services delivered to eligible migrant and seasonal farmworkers?
Section 685.340 What career services must grantees provide to eligible migrant and seasonal farmworkers?
Section 685.350 What training services must grantees provide to eligible migrant and seasonal farmworkers?
Section 685.360 What housing services must grantees provide to eligible migrant and seasonal farmworkers?
Section 685.370 What services may grantees provide to eligible migrant and seasonal farmworker youth participants aged 14-24?
Section 685.380 What related assistance services may be provided to eligible migrant and seasonal farmworkers?
Section 685.390 When may eligible migrant and seasonal farmworkers receive related assistance?
5. Subpart D—Performance Accountability, Planning, and Waiver Provisions
Section 685.400 What are the indicators of performance that apply to the National Farmworker Jobs Program?
Section 685.410 What planning documents must a grantee submit?
Section 685.420 What information is required in the grantee program plan?
Section 685.430 Under what circumstances are the terms of the grantee's program plan modified by the grantee or the Department?
Section 685.440 How are costs classified under the National Farmworker Jobs Program?
Section 685.450 What is the Workforce Innovation and Opportunity Act administrative cost limit for National Farmworker Jobs Program grants?
Section 685.460 Are there regulatory and/or statutory waiver provisions that apply to the Workforce Innovation and Opportunity Act?
Section 685.470 How can grantees request a waiver?
6. Subpart E—Supplemental Youth Workforce Investment Activity Funding Under Workforce Innovation and Opportunity Act Sec. 127(a)(1)
Section 685.500 What is supplemental youth workforce investment activity funding?
Section 685.510 What requirements apply to grants funded by the Workforce Innovation and Opportunity Act?
Section 685.520 What is the application process for obtaining a grant funded by the Workforce Innovation and Opportunity Act?
Section 685.530 What planning documents are required for grants funded by the Workforce Innovation and Opportunity Act?
Section 685.540 How are funds allocated to grants funded by the Workforce Innovation and Opportunity Act?
Section 685.550 Who is eligible to receive services through grants funded by the Workforce Innovation and Opportunity Act?
J. Part 686—The Job Corps Under Title I of the Workforce Innovation and Opportunity Act
2. Subpart A—Scope and Purpose
Section 686.100 What is the scope of this part?
Section 686.110 What is the Job Corps program?
Section 686.120 What definitions apply to this part?
Section 686.130 What is the role of the Job Corps Director?
3. Subpart B—Site Selection and Protection and Maintenance of Facilities
Section 686.200 How are Job Corps center locations and sizes determined?
Section 686.210 How are center facilities improvements and new construction handled?
Section 686.220 Who is responsible for the protection and maintenance of center facilities?
4. Subpart C—Funding and Selection of Center Operators and Service Providers
Section 686.300 What entities are eligible to receive funds to operate centers and provide training and operational support services?
Section 686.310 How are entities selected to receive funding to operate centers?
Section 686.320 What if a current center operator is deemed to be an operator of a high-performing center?
Section 686.330 What is the length of an agreement entered into by the Secretary for operation of a Job Corps center and what are the conditions for renewal of such an agreement?
Section 686.340 How are entities selected to receive funding to provide outreach and admission, career transition and other operational support services?
Section 686.350 What conditions apply to the operation of a Civilian Conservation Center?
Section 686.360 What are the requirements for award of contracts and payments to Federal agencies?
5. Subpart D—Recruitment, Eligibility, Screening, Selection and Assignment, Enrollment
Section 686.400 Who is eligible to participate in the Job Corps program?
Section 686.410 Are there additional factors which are considered in selecting an eligible applicant for enrollment?
Section 686.420 Are there any special requirements for enrollment related to the Military Selective Service Act?
Section 686.430 What entities conduct outreach and admissions activities for the Job Corps program?
Section 686.440 What are the responsibilities of outreach and admissions providers?
Section 686.450 How are applicants who meet eligibility and selection criteria assigned to centers?
Section 686.460 What restrictions are there on the assignment of eligible applicants for nonresidential enrollment in Job Corps?
Section 686.470 May an individual who is determined to be ineligible or an individual who is denied enrollment appeal that decision?
Section 686.480 At what point is an applicant considered to be enrolled in Job Corps?
Section 686.490 How long may a student be enrolled in Job Corps?
6. Subpart E—Program Activities and Center Operations
Section 686.500 What services must Job Corps centers provide?
Section 686.505 What types of training must Job Corps centers provide?
Section 686.510 Are entities other than Job Corps center operators permitted to provide academic and career and technical training?
Section 686.515 What are advanced career training programs?
Section 686.520 What responsibilities do the center operators have in managing work-based learning?
Section 686.525 Are students permitted to hold jobs other than work-based learning opportunities?
Section 686.530 What residential support services must Job Corps center operators provide?
Section 686.535 Are Job Corps centers required to maintain a student accountability system?
Section 686.540 Are Job Corps centers required to establish behavior management systems?
Section 686.545 What is Job Corps' zero tolerance policy?
Section 686.550 How does Job Corps ensure that students receive due process in disciplinary actions?
Section 686.555 What responsibilities do Job Corps centers have in assisting students with child care needs?
Section 686.560 What are the center's responsibilities in ensuring that students' religious rights are respected?
Section 686.565 Is Job Corps authorized to conduct pilot and demonstration projects?
7. Subpart F—Student Support
Section 686.600 Are students provided with government-paid transportation to and from Job Corps centers?
Section 686.610 When are students authorized to take leaves of absence from their Job Corps centers?
Section 686.620 Are Job Corps students eligible to receive cash allowances and performance bonuses?
Section 686.630 Are student allowances subject to Federal payroll taxes?
Section 686.640 Are students provided with clothing?
8. Subpart G—Career Transition and Graduate Services
Section 686.700 What are a Job Corps center's responsibilities in preparing students for career transition services?
Section 686.710 What career transition services are provided for Job Corps enrollees?
Section 686.720 Who provides career transition services?
Section 686.730 What are the responsibilities of career transition service providers?
Section 686.740 What services are provided for program graduates?
Section 686.750 Are graduates provided with transition allowances?
Section 686.760 What services are provided to former enrollees?
9. Subpart H—Community Connections
Section 686.800 How do Job Corps centers and service providers become involved in their local communities?
Section 686.810 What is the makeup of a workforce council and what are its responsibilities?
Section 686.820 How will Job Corps coordinate with other agencies?
10. Subpart I—Administrative and Management Provisions
Section 686.900 Are damages caused by the acts or omissions of students eligible for payment under the Federal Tort Claims Act?
Section 686.905 Are loss and damages that occur to persons or personal property of students at Job Corps centers eligible for reimbursement?
Section 686.910 If a student is injured in the performance of duty as a Job Corps student, what benefits may the student receive?
Section 686.915 When is a Job Corps student considered to be in the performance of duty?
Section 686.920 How are students protected from unsafe or unhealthy situations?
Section 686.925 What are the requirements for criminal law enforcement jurisdiction on center property?
Section 686.930 Are Job Corps operators and service providers authorized to pay State or local taxes on gross receipts?
Section 686.935 What are the financial management responsibilities of Job Corps center operators and other service providers?
Section 686.940 Are center operators and service providers subject to Federal audits?
Section 686.945 What are the procedures for management of student records?
Section 686.950 What procedures apply to disclosure of information about Job Corps students and program activities?
Section 686.955 What are the reporting requirements for center operators and operational support service providers?
Section 686.960 What procedures are available to resolve complaints and disputes?
Section 686.965 How does Job Corps ensure that complaints or disputes are resolved in a timely fashion?
Section 686.970 How does Job Corps ensure that centers or other service providers comply with the Act and the Workforce Innovation and Opportunity Act regulations?
Section 686.975 How does Job Corps ensure that contract disputes will be resolved?
Section 686.980 How does Job Corps resolve disputes between the U.S. Department of Labor and the U.S. Department of Agriculture regarding the operation of Civilian Conservation Centers?
Section 686.985 What Department of Labor equal opportunity and nondiscrimination regulations apply to Job Corps?
11. Subpart J—Performance
Section 686.1000 How is the performance of the Job Corps program assessed?
Section 686.1010 What are the primary indicators of performance for Job Corps centers and the Job Corps program?
Section 686.1020 What are the indicators of performance for Job Corps outreach and admissions providers?
Section 686.1030 What are the indicators of performance for Job Corps career transition service providers?
Section 686.1040 What information will be collected for use in the Annual Report?
Section 686.1050 How are the expected levels of performance for Job Corps centers, outreach and admission providers and career transition service providers established?
Section 686.1070 How are center rankings established?
Section 686.1070 How and when will the Secretary use Performance Improvement Plans?
K. Part 687—National Dislocated Worker Grants
Section 687.100 What are the types and purposes of national disclosed worker grants the Workforce Innovation and Opportunity Act?
Section 687.110 What are major economic dislocations or other events which may qualify for a national dislocated worker grant?
Section 687.120 Who is eligible to apply for national dislocated worker grants?
Section 687.130 When should applications for national dislocated worker grants be submitted to the Department?
Section 687.140 What activities are applicants expected to conduct before a national dislocated worker grant application is submitted?
Section 687.150 What are the requirements for submitting applications for national dislocated worker grants?
Section 687.160 What is the timeframe for the Department to issue decisions on national dislocated worker grant applications?
Section 687.180 What are the allowable activities under national dislocated worker grants?
Section 687.190 How do statutory and regulatory waivers apply to national dislocated worker grants?
Section 687.200 What are the program and administrative requirements that apply to national dislocated worker grants?
L. Part 688—Provisions Governing the YouthBuild Program
Section 688.100 What is YouthBuild?
Section 688.110 What are the purposes of the YouthBuild program?
3. Subpart B—Funding and Grant Applications
Section 688.200 How are YouthBuild grants funded and administered?
Section 688.210 How does an eligible entity apply for grant funds to operate a YouthBuild program?
Section 688.220 How are eligible entities selected to receive grant funds?
Section 688.230 What are the minimum requirements and elements to apply for YouthBuild funds?
Section 688.240 How are eligible entities notified of approval for grant funds?
4. Subpart C—Program Requirements
Section 688.300 Who is an eligible participant?
Section 688.310 Are there special rules that apply to veterans?
Section 688.320 What eligible activities may be funded under the YouthBuild program?
Section 688.330 What level of training qualifies a construction project as a qualifying work site under the YouthBuild program?
Section 688.340 What timeframes apply to participation?
Section 688.350 What timeframes must be devoted to education and workforce investment or other activities?
Section 688.360 What timeframes apply to follow-up services?
Section 688.370 What are the requirements for exit from the YouthBuild program?
Section 688.380 What is the role of the YouthBuild grantee in the one-stop system?
5. Subpart D—Performance Indicators
Section 688.400 What are the performance indicators for YouthBuild grants?
Section 688.410 What are the required levels of performance for the performance indicators?
Section 688.420 What are the reporting requirements for YouthBuild grantees?
Section 688.430 What are the due dates for quarterly reporting?
6. Subpart E—Administrative Rules, Costs, and Limitations
Section 688.500 What administrative regulations apply to the YouthBuild program?
Section 688.510 How may grantees provide services under the YouthBuild program?
Section 688.520 What cost limits apply to the use of YouthBuild program funds?
Section 688.530 What are the cost-sharing or matching requirements of the YouthBuild program?
Section 688.540 What are considered to be leveraged funds?
Section 688.550 How are the costs associated with real property treated in the YouthBuild program?
Section 688.560 What participant costs are allowable under the YouthBuild program?
Section 688.570 Does the Department allow incentive payments in the YouthBuild program?
Section 688.580 What effect do payments to YouthBuild participants have on eligibility for other Federal needs-based benefits?
Section 688.590 What program income requirements apply to the YouthBuild program?
Section 688.600 Are YouthBuild programs subject to the Davis-Bacon Act labor standards?
Section 688.610 What are the recordkeeping requirements for YouthBuild programs?
7. Subpart F—Additional Requirements
Section 688.700 What are the safety requirements for the YouthBuild program?
Section 688.710 What are the reporting requirements for youth safety?
Section 688.720 What environmental protection laws apply to the YouthBuild program?
Section 688.730 What requirements apply to YouthBuild housing?
M. Part 651—General Provisions Governing the Federal-State Employment Service System
3. Discussion of Proposed 20 CFR Part 651
N. Part 652—Establishment and Functioning of State Employment Services
Section 1. Introduction
2. Subpart A—Employment Service Operations
Section 652.1 Introduction
Section 652.2 Scope and Purpose of the Employment Service System
Section 652.3 Public Labor Exchange Services System
Section 652.4 Allotment of Funds and Grant Agreement
Section 652.5 Services Authorized
Section 652.8 Administrative Provisions
Section 652.9 Labor Disputes.
3. Subpart B—Services for Veterans
Section 652.100 Services for Veterans
4. Subpart C—Wagner-Peyser Act Services in a One-Stop Delivery System Environment
Section 652.201 What is the role of the State agency in the one-stop delivery system?
Section 652.202 May local Employment Service Offices exist outside of the one-stop service delivery system?
Section 652.203 Who is responsible for funds authorized under the Act in the workforce investment system?
Section 652.204 Must funds authorized under the Act (the Governor's reserve) flow through the one-stop delivery system?
Section 652.205 May funds authorized under the Act be used to supplement funding for labor exchange programs authorized under separate legislation?
Section 652.206 May a State use funds authorized under the Act to provide applicable "career services," as defined in the Workforce Innovation and Opportunity Act?
Section 652.207 How does a State meet the requirement for universal access to services provided under the Act?
Section 652.208 How are applicable career services related to the methods of service delivery described in this part?
Section 652.209 What are the requirements under the Act for providing reemployment services and other activities to referred unemployment insurance claimants?
Section 652.210 What are the Act's requirements for administration of the work test, including eligibility assessments, as appropriate, and assistance to unemployment insurance claimants?
Section 652.211 What are State planning requirements under the Act?
Section 652.215 Do any provisions in the Workforce Innovation and Opportunity Act change the requirement that State merit staff employees must deliver services provided under the Act?
Section 652.216 May the one-stop operator provide guidance to State merit staff employees in accordance with the Act?
5. Subpart D—Workforce and Labor Market Information
O. Part 653—Services of the Employment Service System
Section 653.100 Purpose and Scope of Subpart
Section 653.101 Provision of Services to Migrant and Seasonal Farmworkers
Section 653.102 Job Information
Section 653.103 Process for Migrant and Seasonal Farmworkers To Participate in Workforce Development Activities
Section 653.107 Outreach and Agricultural Outreach Plan
Section 653.108 State Workforce Agency and State Monitor Advocate Responsibilities
Section 653.109 Data Collection and Performance Accountability Measures
Section 653.110 Disclosure of Data
Section 653.111 State Agency Staffing Requirements
Section 653.501 Requirements for Processing Clearance Orders
Section 653.502 Conditional Access to the Agricultural Recruitment System
Section 653.503 Field Checks
P. Part 654—Special Responsibilities of the Employment Service System
2. Subpart E—Housing for Agricultural Workers
Section 654.401 Applicability
Section 654.400 Scope and Purpose
Section 654.402 Variances
Section 654.403 [Reserved]
Q. Part 658—Administrative Provisions Governing the Employment Service System
Section 658.410 Establishment of Local and State Complaint Systems
Section 658.411 Action on Complaints
Section 658.422 Handling of Employment-Related Law Complaints by the Regional Administrator
Section 658.424 Proceedings Before the Office of Administrative Law Judges
Section 658.501 Basis for Discontinuation of Services
V. Rulemaking Analyses and Notices
A. Executive Orders 12866 and 13563: Regulatory Planning and Review
1. Need for Regulation
2. Alternatives in Light of the Required Publication of Proposed Regulations
3. Analysis Considerations
Transfer Payments
4. Subject-by-Subject Analysis
a. New State Workforce Development Board Membership Requirements
b. Development and Continuous Improvement of the Workforce Development System
c. Development of Statewide Policies Affecting the State's One-Stop System
d. Development of Strategies for Technological Improvements
e. State Plan Modification
f. Identification of Regions
g. Appoint New Local Workforce Development Board and Appropriate Firewalls
h. Career Pathways Development
i. Development of Proven and Promising Practices
j. Technology
k. Selection of One-Stop Operators
l. Coordination With Education Providers
m. Regional Plans
n. Local and Regional Plan Modification
o. Improved Information About Potential Training Program Providers
p. Sanctions on Under-Performing States
q. Colocation of Wagner-Peyser Services
r. Partners Required To Pay Their Share for Proportionate Use of One-stop Delivery System
s. Establishing Training Provider Eligibility Procedures, Including Adding Registered Apprenticeship
t. Determining Eligibility of New and Previously Eligible Providers
u. Biennial Review of Eligibility
v. Disseminating the Training Provider List With Accompanying Information
w. Migrant and Seasonal Farmworker Housing
5. Summary of Analysis
B. Paperwork Reduction Act
C. Executive Order 13132: Federalism
D. Unfunded Mandates Reform Act of 1995
E. Plain Language
F. Assessment of Federal Regulations and Policies on Families
G. Regulatory Flexibility Act
Affected Small Entities
Impact on Small Entities
H. Small Business Regulatory Enforcement Fairness Act of 1996
I. Executive Order 13175 (Indian Tribal Governments)
Services Received in American Job Centers
Funding Per Participant Was Low for INA Programs Especially When Compared to Other Job Training Programs
Concerns About the Effects of the New Performance Reporting Requirements Established in WIOA on the INA Community
Lack of Funding To Hire and Effectively Train Staff and Ensuring Policy Is Responsive to INA Community Needs
Working With States and Other Programs
J. Executive Order 12630 (Government Actions and Interference With Constitutionally Protected Property Rights
K. Executive Order 12988 (Civil Justice Reform)
L. Executive Order 13211 (Energy Supply)
List of Subjects
20 CFR Parts 679-680
PART 603—FEDERAL-STATE UNEMPLOYMENT COMPENSATION (UC) PROGRAM; CONFIDENTIALITY AND DISCLOSURE OF STATE UC INFORMATION
PART 675—INTRODUCTION TO THE REGULATIONS FOR THE WORKFORCE INNOVATION AND OPPORTUNITY SYSTEMS UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT
PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE INVESTMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT
Subpart A—State Workforce Development Board
Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas)
Subpart C—Local Boards
Subpart D—Regional and Local Plan
Subpart E—Waivers/WorkFlex (Workforce Flexibility Plan)
PART 680—ADULT AND DISLOCATED WORKER ACTIVITIES UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT
Subpart A—Delivery of Adult and Dislocated Worker Activities Under Title I of the Workforce Innovation and Opportunity Act
Subpart B—Training Services
Subpart C—Individual Training Accounts
Subpart D—Eligible Training Providers
Subpart E—Priority and Special Populations
Subpart F—Work-Based Training
Subpart G—Supportive Services
PART 681—YOUTH ACTIVITIES UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT
Subpart A—Standing Youth Committees
Subpart B—Eligibility for Youth Services
Subpart C—Youth Program Design, Elements, and Parameters
Subpart D—One-Stop Services to Youth
PART 682—STATEWIDE ACTIVITIES UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT
Subpart A—General Description
Subpart B—Required and Allowable Statewide Employment and Training Activities
Subpart C—Rapid Response Activities
PART 683—ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT
Subpart A—Funding and Closeout
Subpart B—Administrative Rules, Costs, and Limitations
Subpart C—Reporting Requirements
Subpart D—Oversight and Resolution of Findings
Subpart E—Pay-for-Performance Contract Strategies
Subpart F—Grievance Procedures, Complaints, and State Appeals Processes
Subpart G—Sanctions, Corrective Actions, and Waiver of Liability
Subpart H—Administrative Adjudication and Judicial Review
PART 684—INDIAN AND NATIVE AMERICAN PROGRAMS UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT
Subpart A—Purposes and Policies
Subpart B—Service Delivery Systems Applicable to Section 166 Programs
Subpart C—Services to Customers
Subpart D—Supplemental Youth Services
Subpart E—Services to Communities
Subpart F—Accountability for Services and Expenditures
Subpart G—Section 166 Planning/Funding Process
Subpart H—Administrative Requirements
Subpart I—Miscellaneous Program Provisions
PART 685—NATIONAL FARMWORKER JOBS PROGRAM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT
Subpart A—Purpose and Definitions
Subpart B—The Service Delivery System for the National Farmworker Jobs Program
Subpart C—The National Farmworker Jobs Program Services to Eligible Migrant and Seasonal Farmworkers
Subpart D—Performance Accountability, Planning, and Waiver Provisions
Subpart E—Supplemental Youth Workforce Investment Activity Funding Under the Workforce Innovation and Opportunity Act
PART 686—THE JOB CORPS UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT
Subpart A—Scope and Purpose
Subpart B—Site Selection and Protection and Maintenance of Facilities
Subpart C—Funding and Selection of Center Operators and Service Providers
Subpart D—Recruitment, Eligibility, Screening, Selection and Assignment, and Enrollment
Subpart E—Program Activities and Center Operations
Subpart F—Student Support
Subpart G—Career Transition and Graduate Services
Subpart H—Community Connections
Subpart I—Administrative and Management Provisions
Subpart J—Performance
PART 687—NATIONAL DISLOCATED WORKER GRANTS
PART 688—PROVISIONS GOVERNING THE YOUTHBUILD PROGRAM
Subpart B—Funding and Grant Applications
Subpart C—Program Requirements
Subpart D—Performance Indicators
Subpart E—Administrative Rules, Costs, and Limitations
Subpart F—Additional Requirements
PART 651—GENERAL PROVISIONS GOVERNING THE FEDERAL-STATE EMPLOYMENT SERVICE SYSTEM
PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICES
Subpart A—Employment Service Operations
Subpart B—Services for Veterans
Subpart C—Wagner-Peyser Act Services in a One-Stop Delivery System Environment
Subpart D—Workforce and Labor Market Information
PART 653—SERVICES OF THE EMPLOYMENT SERVICE SYSTEM
Subpart A—[Reserved]
Subpart B—Services for Migrant and Seasonal Farmworkers (MSFWs)
Subpart C-E—[Reserved]
Subpart F—Agricultural Recruitment System for U.S. Farmworkers (ARS)
PART 654—SPECIAL RESPONSIBILITIES OF THE EMPLOYMENT SERVICE SYSTEM
Subpart E—Housing for Agricultural Workers
Purpose and Applicability
Housing Standards
PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE EMPLOYMENT SERVICE SYSTEM
Subpart A-D—[Reserved]
Subpart E—Employment Service and Employment-Related Law Complaint System (Complaint System)
Complaints Filed at the Local and State Level
When a Complaint Rises to the Federal Level
Subpart F—Discontinuation of Services to Employers by the Employment Service System
Subpart G—Review and Assessment of State Agency Compliance With Employment Service Regulations
Subpart H—Federal Application of Remedial Action to State Agencies
Read the 766 public comments on this document
https://www.federalregister.gov/d/2015-05530 https://www.federalregister.gov/d/2015-05530
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Start Preamble Start Printed Page 20690
Employment and Training Administration (ETA), Labor.
Notice of Proposed Rulemaking (NPRM).
The Department of Labor (DOL) is proposing, through rulemaking, to implement titles I and III of the Workforce Innovation and Opportunity Act of 2014 (WIOA). Through these regulations, the Department proposes to implement job training system reform and strengthen the workforce investment system of the nation to put Americans, particularly those individuals with barriers to employment, back to work and make the United States more competitive in the 21st Century. This proposed rule intends to provide guidance for statewide and local workforce investment systems that increase the employment, retention and earnings of participants, and increase occupational skill attainment by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation.
You may submit comments, identified by docket number ETA-2015-0001, for Regulatory Information Number (RIN) 1205-AB73, by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the Web site instructions for submitting comments.
Mail and hand delivery/courier: Written comments, disk, and CD-ROM submissions may be mailed to Adele Gagliardi, Administrator, Office of Policy Development and Research, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-5641, Washington, DC 20210.
Instructions: Label all submissions with "RIN 1205-AB73."
Please submit your comments by only one method. Please be advised that the Department will post all comments received that related to this NPRM on http://www.regulations.gov without making any change to the comments or redacting any information. The http://www.regulations.gov Web site is the Federal e-rulemaking portal and all comments posted there are available and accessible to the public. Therefore, the Department recommends that commenters remove personal information such as Social Security Numbers (SSNs), personal addresses, telephone numbers, and email addresses included in their comments as such information may become easily available to the public via the http://www.regulations.gov Web site. It is the responsibility of the commenter to safeguard personal information.
Also, please note that due to security concerns, postal mail delivery in Washington, DC may be delayed. Therefore, the Department encourages the public to submit comments on http://www.regulations.gov.
Docket: All comments on this proposed rule will be available on the http://www.regulations.gov Web site and can be found using RIN 1205-AB73. The Department also will make all the comments it receives available for public inspection by appointment during normal business hours at the above address. If you need assistance to review the comments, the Department will provide appropriate aids such as readers or print magnifiers. The Department will make copies of this proposed rule available, upon request, in large print and electronic file on computer disk. To schedule an appointment to review the comments and/or obtain the proposed rule in an alternative format, contact the Office of Policy Development and Research (OPDR) at (202) 693-3700 (this is not a toll-free number). You may also contact this office at the address listed below.
Comments under the Paperwork Reduction Act (PRA): In addition to filing comments with ETA, persons wishing to comment on the information collection (IC) aspects of this rule may send comments to: Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-ETA, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503, Fax: 202-395-6881 (this is not a toll-free number), email: [email protected].
Adele Gagliardi, Administrator, Office of Policy Development and Research (OPDR), U.S. Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room N-5641, Washington, DC 20210, Telephone: (202) 693-3700 (voice) (this is not a toll-free number) or 1-800-326-2577 (TDD).
A. Part 603—Federal-State Unemployment Compensation Program
B. Part 675—Introduction to the Regulations for the Workforce Innovation and Opportunity Systems Under Title I of the Workforce Innovation and Act
C. Executive Order 13132 (Federalism)
G. Regulatory Flexibility ActStart Printed Page 20691
J. Executive Order 12630 (Government Actions and Interference With Constitutionally Protected Property Rights)
On July 22, 2014, President Obama signed the Workforce Innovation and Opportunity Act (WIOA) (Pub. L. 113-128), comprehensive legislation that reforms and modernizes the public workforce system. It reaffirms the role of the public workforce system, and brings together and enhances several key employment, education, and training programs. WIOA provides resources, services, and leadership tools for the workforce system to help individuals find good jobs and stay employed and improves employer prospects for success in the global marketplace. It ensures that the workforce system operates as a comprehensive, integrated and streamlined system to provide pathways to prosperity for those it serves and continuously improves the quality and performance of its services.
The Department of Labor is publishing this NPRM to implement those provisions of WIOA that affect the core programs under titles I and III, and the Job Corps and national programs authorized under title I which will administered by the Department. In addition to this NPRM, the Departments of Education (ED) and Labor (DOL) are jointly publishing an NPRM to implement those provisions of WIOA that affect all of the WIOA core programs (titles I-IV) and which will have to be jointly overseen and administered by both Departments. Readers should note that there are a number of cross-references to the Joint NPRM published by ED and DOL, with particular focus on those provisions in the Joint NPRM that have to do with performance reporting among all the core programs. Finally, this NPRM has been structured so that the proposed Code of Federal Regulations (CFR) parts will align with the Joint NPRM CFR parts in once all of the proposed rules of have been finalized.
WIOA seeks to deliver a broad array of integrated services to individuals seeking jobs and skills training, as well as employers seeking skilled workers by improving the workforce system, more closely aligning it with regional economies and strengthening the network of about 2,500 one-stop centers. Customers must have access to a seamless system of high-quality services through coordination of programs, services and governance structures. The Act builds closer ties among key workforce partners—business leaders, workforce boards, labor unions, community colleges, non-profit organizations, youth-serving organizations, and State and local officials—in striving for a more job-driven approach to training and skills development.
WIOA will help job seekers and workers access employment, education, training, and support services to succeed in the labor market and match employers with the skilled workers they need to compete in the global economy. The purposes of WIOA described in the Act include:
Increasing access to and opportunities for the employment, education, training, and support services that individuals need, particularly those with barriers to employment.
Supporting the alignment of workforce investment, education, and economic development systems, in support of a comprehensive, accessible, and high-quality workforce development system.
Improving the quality and labor market relevance of workforce investment, education, and economic development efforts.
Promoting improvement in the structure and delivery of services.
Increasing the prosperity of workers and employers.
Providing workforce development activities that increase employment, retention, and earnings of participants and that increase post-secondary credential attainment and as a result, improve the quality of the workforce, reduce welfare dependency, increase economic self-sufficiency, meet skill requirements of employers, and enhance productivity, and competitiveness of the nation.
WIOA is complemented by the groundwork laid by the Administration-wide review of employment, education, and training programs to ensure Federal agencies do everything possible to prepare ready-to-work-Americans with ready-to-be-filled jobs. The review identified seven priorities for these Federal programs:
Work up-front with employers to determine local or regional hiring needs and design training programs that are responsive to those needs;
Offer work-based learning opportunities with employers—including on-the-job training, internships, and pre-apprenticeships and registered apprenticeships—as training paths to employment;
Make better use of data to drive accountability, inform what programs are offered and what is taught, and offer user-friendly information for job seekers to choose what programs and pathways work for them and are likely to result in a job;
Measure and evaluate employment and earnings outcomes;
Promote a seamless progression from one educational stepping stone to another, and across work-based training and education, so individuals' efforts result in progress;
Break down barriers to accessing job-driven training and hiring for any American who is willing to work, including access to supportive services and relevant guidance; and
Create regional collaborations among American Job Centers, education institutions, labor, and nonprofits.
As WIOA implementation progresses, success in accomplishing the purposes of WIOA at the State, local, and regional levels, will be assessed by whether:
One-stop centers are recognized as a valuable community resource and are known for high quality, comprehensive services for customers.
The core programs and one-stop partners provide seamless, integrated customer service.
Program performance, labor market and related data drive policy and strategic decisions and inform customer choice.
Youth programs reconnect out-of-school youth (OSY) to education and jobs.
Job seekers access quality career services either online or in a one-stop career center through a "common front door" that connects them to the right services.
One-stop centers facilitate access to high quality, innovative education and training.
Services to businesses are robust and effective, meeting businesses' workforce needs across the business lifecycle.
AEFLA Adult Education and Family Literacy Act
ALJ Administrative Law Judge
ANVSA Alaska Native Village Service Area
AOP Agricultural Outreach Plan
ARS Agricultural Recruitment System
AWOL Absent Without Official Leave
BLS Bureau of Labor Statistics
CBO Community-based organization
CCC Civilian Conservation Center
CEO Chief elected official
CFR Code of Federal Regulations
Complaint System Employment Service and Employment-Related Law Complaint SystemStart Printed Page 20692
COSO Committee of Sponsoring Organizations of the Treadway Commission
CTT Career Technical Training
DINAP Division of Indian and Native American Programs
DOL Department of Labor
ED Department of Education
E.O. Executive Order
EO Equal opportunity
ES Employment Service
ESA Employment Standards Administration
ESARS Employment Security Automated Reporting System
ETA Employment and Training Administration
ETP Eligible training provider
ETPL Eligible training provider list
FECA Federal Employees Compensation Act
FEIN Federal employer identification number
FEMA Federal Emergency Management Agency
FERPA Family Educational Rights and Privacy Act
FLSA Fair Labor Standards Act
FOA Funding Opportunity Announcement
FR Federal Register
GED General Educational Development
GIS Geographic information system
GPRA Government Performance and Results Act
HEARTH Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009
HHS Department of Health and Human Services
HSD High School Diploma
HUD U.S. Department of Housing and Urban Development
IC Information collection
IEVS Income and Eligibility Verification System
INA Indian and Native American
ISDEAA Indian Self-Determination and Education Assistance Act
ISY In-school youth
ITA Individual Training Account
JIS Job Information Service
JS Job Service
JTPA Job Training Partnership Act
JVSG Jobs for Veterans State Grants
LEHD Longitudinal Employer-Household Dynamics
LEP Limited English proficiency
MOU Memorandum of Understanding
MSFW Migrant and Seasonal Farmworker
NAACP National Association for the Advancement of Colored People
NAFTA North American Free Trade Agreement
NAICS North American Industry Classification System
NDWG National Dislocated Worker Grant
NEG National Emergency Grant
NFJP National Farmworker Jobs Program
NICRA Negotiated Indirect Cost Rate Agreement
NPRM Notice of Proposed Rulemaking
OALJ Office of Administrative Law Judges
OBS On-board strength
OFLC Office of Foreign Labor Certification
OJT On-the-job training
OMB Office of Management and Budget
OMS Outcome Measurement System
OPDR Office of Policy Development and Research
OSHA Occupational Safety and Health Administration
OSY Out-of-school youth
OTSA Oklahoma Tribal Service Area
OWI Office of Workforce Investment
PART Program Assessment and Rating Tool
PBP Program Budget Plan
PRA Paperwork Reduction Act of 1995
PRH Policy and Requirements Handbook
Pub. L. Public Law
PY Program year
RFA Regulatory Flexibility Act
RFP Requests for proposals
Richey Order Judge Richey Court Order
RIN Regulatory Information Number
SBA Small Business Administration
SBREFA Small Business Regulatory Enforcement Fairness Act of 1996
SDA Service delivery area
sec. Section of a Public Law or the United States Code
SESA State Employee Security Act
SMA State Monitor Advocate
SOC Standard Occupational Classification
SNAP Supplemental Nutrition Assistance Program
SSA Social Security Act
SSN Social Security Number
State Board State Workforce Development Board
STAWRS Simplified Tax and Wage Reporting System
SWA State Workforce Agency
TAA Trade Adjustment Assistance
TANF Temporary Assistance for Needy Families
TEGL Training and Employment Guidance Letter
TEN Training and Employment Notice
UC Unemployment Compensation
UCX Unemployment Compensation for Ex-service members
UI Unemployment insurance
U.S.C. United States Code
VA Department of Veterans Affairs
VETS Veterans' Employments and Training Service
VR Vocational rehabilitation
Wagner-Peyser Wagner-Peyser Act of 1933
WARN Worker Adjustment and Retraining Notification
WDB Workforce Development Board
WHD Wage and Hour Division
WIA Workforce Investment Act of 1998
WIAC Workforce Information Advisory Council
WIC Workforce Information Council
WIOA Workforce Innovation and Opportunity Act of 2014
WLMI Workforce and Labor Market Information
WLMIS Workforce and Labor Market Information System
WRIS Wage Record Interchange System
On July 22, 2014, President Obama signed the WIOA, the first legislative reform of the public workforce system in more than 15 years, which passed Congress by a wide bipartisan majority. WIOA supersedes the Workforce Investment Act of 1998 (WIA) and amends the Adult Education and Family Literacy Act (AEFLA), the Wagner-Peyser Act, and the Rehabilitation Act of 1973. WIOA presents an extraordinary opportunity for the workforce system to accelerate its transformational efforts and demonstrate its ability to improve job and career options for our citizens through an integrated, job-driven public workforce system that links diverse talent to our nation's businesses. It supports the development of strong, vibrant regional economies where businesses thrive and people want to live and work.
WIOA reaffirms the role of the customer-focused one-stop delivery system, a cornerstone of the public workforce investment system, and enhances and increases coordination among several key employment, education, and training programs. Most provisions in WIOA take effect on July 1, 2015, the first full program year (PY) after enactment, although the new State plans and performance accountability system take effect July 1, 2016. Title IV, however, took effect upon enactment.
WIOA presents an extraordinary opportunity for the workforce system to accelerate its transformational efforts and demonstrate its ability to improve job and career options for our citizens through an integrated, job-driven public workforce system that links diverse talent to our nation's businesses. It supports the development of strong, vibrant regional economies where businesses thrive and people want to live and work.
WIOA is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy. WIOA has six main purposes: (1) Increasing access to and opportunities for the employment, education, training, and support services for individuals, particularly those with barriers to employment; (2) supporting the alignment of workforce investment, education, and economic development systems in support of a comprehensive, accessible, and high-quality workforce development system; (3) improving the quality and labor market relevance of workforce investment, education, and economic development efforts; (4) promoting improvement in the structure and delivery of services; (5) increasing the prosperity of workers and employers; and (6) providing workforce development activities that increase Start Printed Page 20693employment, retention, and earnings of participants and that increase post-secondary credential attainment and as a result, improve the quality of the workforce, reduce welfare dependency, increase economic self-sufficiency, meet skill requirements of employers, and enhance productivity and competitiveness of the nation.
Beyond achieving the requirements of the new law, WIOA offers an opportunity to continue to modernize the workforce system, and achieve key hallmarks of a customer centered workforce system, where the needs of business and workers drive workforce solutions, where one-stop career centers and partners provide excellent customer service to job seekers and businesses, where the workforce system pursues continuous improvement through evaluation and data-driven policy, and where the workforce system supports strong regional economies.
Regulations and guidance implementing titles I and III are issued by DOL, with the exception of joint regulations that will be issued by DOL and ED on the provisions in title I relating to unified and combined planning, performance, and the one-stop delivery system. Regulations and guidance on implementing titles II and IV will be issued by ED.
WIOA retains much of the structure of WIA, but with critical changes to advance greater coordination and alignment. Under title I-A, each State will be required to develop a single, unified strategic plan that is applicable to four core workforce development programs. The core programs consist of (1) the adult, dislocated worker, and youth formula programs administered by the Department under title I of WIOA; (2) the Adult Education and Family Literacy program administered by ED under title II of WIOA; (3) the Wagner-Peyser Act employment services (ES) program administered by the Department, as amended by title III of WIOA; and (4) the vocational rehabilitation (VR) programs under title I of the Rehabilitation Act administered by ED, as amended by title IV of WIOA. In addition to core programs, WIOA provides States the opportunity to include other key one-stop partner programs such as the Supplemental Nutrition Assistance Program (SNAP), Unemployment Insurance (UI), Temporary Assistance for Needy Families (TANF), and Perkins Career Technical Education in a Combined State Plan. The law also includes a common performance accountability system applicable to all of the core programs.
The remainder of WIOA title I authorizes the adult, dislocated worker, and youth formula programs; the State and local workforce development (formerly investment) boards; the designation of regions and local areas; local plans; the one-stop system; national programs, including Job Corps, YouthBuild, Indian and Native American programs, and Migrant and Seasonal Farmworker (MSFW) programs; technical assistance and evaluations; and general administrative provisions currently authorized under title I of WIA. Title II retains and amends the Adult Education and Family Literacy Program currently authorized under title II of WIA. Title III contains amendments to the Wagner-Peyser Act relating to the ES and Workforce and Labor Market Information System (WLMIS), and requires the Secretary to establish a Workforce Information Advisory Council (WIAC). Title IV contains amendments to the Rehabilitation Act of 1973, which were also included under title IV of WIA; it also requires the Secretary of Labor to establish an Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities. Finally, title V contains general provisions similar to the provisions applicable under title V of WIA as well as the effective dates and transition provisions.
Since the enactment of WIOA, the Department has used a variety of means to coordinate with other Federal agencies that have roles and responsibilities under the Act. The Department works closely with staff at ED and the Department of Health and Human Services (HHS) on all shared policy and implementation matters. Key areas of collaboration include the Unified State Plan, performance reporting, one-stop service delivery, and services to disconnected youth and to individuals with disabilities. WIOA created an opportunity to enhance coordination and collaboration across other Federal programs through the Combined State Plan and the Department meets with the other Federal agencies regarding those plans.
Before publishing the NPRM, the Department solicited broad input through a variety of mechanisms including:
Issued Training and Employment Notice (TEN) No. 05-14 to notify the public workforce system that WIOA was enacted, accompanied by a statutory implementation timeline, a fact sheet that identified key reforms to the public workforce system, and a list of frequently asked questions.
Issued TEN No. 06-14 to announce a series of webinars to engage WIOA stakeholders in implementation of WIOA.
Issued TEN No. 12-14 to provide guidance to States and other recipients of funds under title I of WIA on the use and reporting of PY 2014 funds for planning and implementation activities associated with the transition to WIOA.
Established a WIOA Resource Page (www.doleta.gov/WIOA) to provide updated information related to WIOA implementation to the public workforce system and stakeholders;
Established a dedicated email address for the public workforce system and stakeholders to ask questions and offer ideas related to WIOA ([email protected]);
Conducted, in conjunction with ED and HHS outreach calls, webinars, and stakeholder and in-person town halls in each ETA region. The Department and its Federal partners hosted 10 town halls across the country, reaching over 2,000 system leaders and staff representing core programs and one-stop partners, employers, and performance staff. This included a town hall with Indian and Native American leaders and membership organizations serving Indians and Native Americans, Hawaiians, and Alaskan Natives as well as a formal consultation with members of the Native American Employment and Training Advisory Council to the Secretary of Labor.
Conducted readiness assessments to implement WIOA in all States and 70 local workforce areas to inform technical assistance.
This section contains a summary of the major changes from the current WIA. As indicated above, WIOA retains much of the structure of WIA.
Major changes in WIOA are:
Aligns Federal investments to support job seekers and employers. The Act provides for States to prepare a single Unified State Plan that identifies a 4-year strategy for achieving the strategic vision and goals of the State for preparing an educated and skilled workforce and for meeting the skilled workforce needs of employers. States govern the core programs as one system assessing strategic needs and aligning them with service strategies to ensure the workforce system meets employment and skill needs of all workers and employers.
Streamlines the governing bodies that establish State, regional and local workforce investment priorities. WIOA makes State and Local Workforce Start Printed Page 20694Development Boards more agile and well positioned to meet local and regional employers' workforce needs by reducing the size of the boards and assigning them additional responsibilities to assist in the achievement of the State and local strategic workforce vision and goals. The State Workforce Development Boards (State Boards) continue to have a majority of business representation and a business chair that work for all workers and jobseekers, including low-skilled adults, youth, and individuals with disabilities, while they foster innovation, and ensure streamlined operations and service delivery excellence.
Creates a common performance accountability system and information for job s eekers and the public. WIOA ensures that Federal investments in employment, education, and training programs are evidence-based and data-driven, and accountable to participants and the public. It establishes a performance accountability system that applies across the core programs, by generally applying six primary indicators of performance: entry into unsubsidized employment at two points in time, median earnings, attainment of post-secondary credentials, measurable skill gains, and effectiveness in serving employers.
Fosters regional collaboration to meet the needs of regional economies. WIOA promotes alignment of workforce development programs with regional economic development strategies to meet the needs of local and regional employers.
Enhances access to high quality services through the network of one-stop system. WIOA helps jobseekers and employers acquire the services they need in centers and online, clarifies the roles and responsibilities of the one-stop partner programs, adds the TANF program as a required one-stop partner unless the Governor objects, requires competitive selection of one-stop operators, and requires the use by the one-stop system of a common one-stop delivery identifier or brand that is to be developed by the Secretary of Labor.
Improves services to individuals with disabilities. WIOA stresses physical and programmatic accessibility, including the use of accessible technology to increase individuals with disabilities' access to high quality workforce services.
Makes key investments for disconnected youth. WIOA emphasizes services to disconnected youth to prepare them for successful employment by requiring that a minimum of 75 percent of youth formula program funds be used to help OSY, in contrast to the 30 percent required under WIA. WIOA increases OSYs' access to WIOA services, including pre-apprenticeship opportunities that result in registered apprenticeship. It adds a requirement that at least 20 percent of formula funds at the local level be used on work-based training activities such as summer jobs, on-the-job training (OJT), and apprenticeship.
Helps Employers Find Workers with the Necessary Skills. WIOA contributes to economic growth and business expansion by ensuring the workforce system is job-driven—matching employers with skilled individuals. WIOA requires Local Boards to promote the use of industry and sector partnerships that include key stakeholders in an industry cluster or sector that work with public entities to identify and address the workforce needs of multiple employers.
Additionally, successful implementation of many of the approaches called for within WIOA, such as career pathways and sector strategies, require robust relationships across programs and with businesses, economic development, education and training institutions, including community colleges and career and technical education, local entities, and supportive services agencies.
The NPRM format reflects the Department's commitment to writing regulations that are reader-friendly. The Department has attempted to make this NPRM clear and easy to understand. To this end, the regulatory text is presented in a "question and answer" format and organized consistent with the Act. While the Department has provided cross-references to the statute(s), the Department also has included the Act's provisions in the answers for completeness.
While the Department has anticipated many issues that may arise and provided appropriate directions, there are many other areas where the Department continues to weigh options. Thus, the Department raises questions throughout the preamble where the Department seeks additional information or where the Department is weighing options and seek comments.
On July 22, 2014, the President signed the Workforce Innovation Opportunity Act (WIOA) (Pub. L. 113-128) into law. WIOA repeals WIA (29 U.S.C. 2801 et seq.). As a result, the WIA regulations no longer reflect current law. Section 503(f) of WIOA requires that the Department issue an NPRM and then a final rule that implements the changes WIOA makes to the public workforce system in regulations. Therefore, DOL seeks to develop and issue a NPRM that proposes to implement WIOA. The Department of Labor will issue regulations regarding the Section 188 Nondiscrimination provisions through separate rulemaking.
The Department is amending its regulations at 20 CFR part 603 to help States comply with the WIOA. WIOA requires that States use "quarterly wage records" in assessing the performance of certain Federally-funded employment and training programs.
States must make available performance reports for local areas and for eligible training providers (ETPs) under title I of the WIOA. WIOA also requires that States cooperate in evaluations, by the Departments of Labor and Education, of State programs overseen by those Federal agencies.
To help States comply with these requirements, the Department has determined that it would be useful to more clearly and specifically, describe in unemployment compensation (UC) confidentiality regulations, the standards for disclosure between the State UC, workforce, and education systems. This proposal amends current regulations to clarify, in a limited fashion, those State government officials with whom the State may share certain confidential information in order to carry out requirements under the law. The regulations enumerate certain additional public officials who may access confidential State wage records that are the basis for the State's performance reporting. Ensuring such access to these State records would allow State agencies to better manage the information for the purpose of making Federally-required reports on certain program outcomes, and to cooperate more effectively and be more informative with respect to Federal program evaluations.
WIOA section (sec.) 116(i)(2) and proposed regulation § 677.175 (a) require State workforce, training, and education programs to use quarterly wage records to measure the progress of Start Printed Page 20695the State on State and local performance accountability measures. Under WIA, the Department interpreted the reference to "quarterly wage records" in sec. 136(f)(2) to require States to use the confidential UC information in the employer-provided wage reports collected under sec. 1137 of the Social Security Act (SSA), 42 U.S.C. 1320b-7. (See 20 CFR 677.175.) These are the reports that the State UC agency obtains from employers for determining UC tax liability, monetary eligibility, or for cross-matching against State UC agencies' files to determine if improper payments have been made. The Department adheres to this interpretation in implementing WIOA sec. 116(i)(2).
The "wage information" defined in § 603.2(k)—which the regulations allow State agencies to disclose under limited circumstances—includes the three data categories or elements (wages, SSN(s), employer information) that States must use as their data source for State and local performance reporting under WIOA. The proposed WIOA implementing regulation at 20 CFR 677.175 (b) defines "quarterly wage record information" to include three data elements or categories of data elements: (1) A program participant's SSN(s); (2) information about the wages program participants earn after exiting from the program; and (3) the name, address, State and (when known) the Federal Employer Identification Number (FEIN) of the employer paying those wages. The disclosure of such wage record data is governed by UC part 603 regulations, which establish requirements for maintaining the confidentiality of UC information along with standards for mandatory and permissive disclosure of such information.
Part 603 permits State agencies to disclose confidential UC information—including "wage information"—to "public officials" (defined at § 603.2(d)) under limited circumstances (defined under § 603.5), and authorizes such "public officials," in turn, to use the information to develop Federally-required performance reports.
As explained in greater detail below, the Department proposes changes to § 603.2 (definition of "public official") and § 603.5 (governing disclosures to public officials), to help States comply with WIOA's performance requirements, including the performance reports of the States, local areas, and ETPs. In addition, the Department proposes to amend § 603.6 to add a provision requiring disclosure to implement the new statutory requirement on State cooperation with certain DOL and ED evaluations. These changes would facilitate States' obligations to report on performance through the use of quarterly wage records, and to cooperate in DOL and ED evaluations.
The amendments the Department is proposing to part 603 relate only to State agency disclosures necessary to comply with certain provisions of WIOA. The Department is not proposing to redefine or expand the confidential State information—the confidential wage records or wage information—that is currently the basis for State performance reporting, and is not proposing to reduce in any way the significant privacy protections and confidentiality requirements that currently govern that information. The Department is not proposing to change any requirements relating to the permissible or mandatory disclosure of confidential UC information for any other purpose, or addressing any general UC issues. We note, in particular, that nothing in these proposed regulations exempts disclosures made under these regulations from the safeguards and security requirements in § 603.9, the requirements in § 603.10 governing agreements, or the requirements for payment of costs under § 603.8(a).
The Department invites comments on our proposed additions to part 603, but will not consider or address comments on part 603 or other UC matters that are outside the scope of this NPRM.
Proposed §§ 603.2(d)(2)-(5) expand the definition of who and what entities are considered "public officials" for purposes of complying with WIOA's requirements. Currently, § 603.2(d) defines "public official" as "an official, agency, or public entity" in the executive branch of government with "responsibility for administering or enforcing a law," or "an elected official in the Federal, State or local government." Proposed § 603.5(e) allows disclosure to public officials who need the information to carry out their official duties. This exception allows State agencies that collect "wage information" (including the data required for performance reporting under WIOA sec. 677.175) to provide that information to the State agencies responsible for administering and reporting on the WIOA core programs and mandatory one-stop partner programs. For example, State UC agencies, which are governed by part 603, may disclose confidential UC information to the State adult basic education agency for purposes of performing their official duties, as used in § 603.5(e).
The proposed amendments to § 603.2(d) would clearly enumerate that "public official" includes officials from public post-secondary educational organizations, State performance accountability and customer information agencies, the chief elected officials (CEOs) of local Workforce Development Areas (as that term is used in WIOA sec. 106), and a public State educational authority, agency, or institution. Proposed § 603.2(d)(2) would permit disclosure to public post-secondary educational institutions, regardless of how those institutions are structured or organized under State law. The regulation, as proposed, specifically mentions three categories of institutions. Proposed § 603.2(d)(2)(i) would permit disclosure to public post-secondary educational institutions that are part of a State's executive branch, i.e., derive their authority either directly from the Governor or from an entity (State Board, commission, etc.) somewhere in that line of authority. Proposed § 603.2(d)(2)(ii) would permit disclosure to public post-secondary educational institutions that are independent of the State's executive branch, which means those institutions whose directors derive their authority either directly from an elected official in the State other than the Governor or from an entity (again, a State Board, commission, or other entity) in that line of authority. Proposed § 603.2(d)(2)(ii) covers any public post-secondary educational institution established and governed under State law, for example, a State Board of Regents. Proposed § 603.2(d)(2)(iii) would allow disclosure specifically to State technical colleges and community colleges. (Those institutions may also be covered under (i) or (ii))
Proposed § 603.2(d)(5) permits disclosure to a public State educational authority, agency or institution" as the terms are used in the Family Educational Rights and Privacy Act (FERPA) to clarify that the Department considers the heads of public institutions that derive their authority from a State educational authority or agency to be "public officials" for purposes of part 603.
The Department proposes these changes to help States comply with WIOA's requirement to use wage records to measure performance (WIOA sec. 116(i)(2)) and to facilitate the performance reporting required for ETPs under secs. 116(d) and 122 of WIOA. WIOA mandates the use of wage records to measure State and local performance. As long as the recipients of the data adhere to all of the requirements in 20 CFR part 603, this proposed section Start Printed Page 20696would permit States to make these disclosures to comply with WIOA requirements for Federal, State, or local government reporting on program outcomes and for other specified purposes.
Non-public educational institutions, including non-profit or for-profit educational institutions or other ETPs which are not subject to the authority of the executive branch or another State elected official would not be permitted to obtain confidential UC information, including wage information, under this authority because they are not public entities. Any disclosures of confidential UC information to those entities for purposes of complying with WIOA would have to be authorized under the provisions of § 603.5 other than § 603.5(e). However, it is permissible and encouraged to develop processes or systems, such as the Wage Record Interchange System, to enable a State agency or State educational authority (including a State Education Agency) that collects wage records to match program participant data with wage records, and to provide aggregate participant outcome data to non-governmental educational entities, including ETPs under title I of WIOA.
Proposed § 603.5(e), as amended, would assist State workforce and State education programs in complying with WIOA, and in particular with WIOA's sec. 116 performance accountability responsibilities, by explicitly stating that confidential UC information may be disclosed to a "public official" as defined in § 603.2(d)(2) for limited, specified WIOA purposes.
Proposed § 603.5(e), as amended, in conjunction with the revised definition of "public official" under 603.2(d)(2), would enable State UC agencies to disclose confidential UC information to State and local agencies and other public officials authorized to carry out their responsibilities under WIOA for performance accountability, including audits and evaluations of the programs and other required reporting of outcomes, as described in proposed § 603.2(d)(2). To enable States to comply with WIOA, State UI agencies, or other State agencies responsible for collection of wage record information, must collaborate with the entities under WIOA that are required to use wage record data for performance to make the data available pursuant to part 603.
The Department notes that the proposed amendment to § 603.5(e) would permit disclosure to a public official for purposes of performance accountability of the entities on the State's eligible training provider list (ETPL). In addition, disclosure of confidential UC information for other programs' performance accountability purposes (e.g., TANF or SNAP) may be accomplished under existing § 603.5, as these entities are public officials and are performing their public duty, as defined in this section.
A new clause (iii) under proposed § 603.5(e) would permit disclosures "as otherwise required for education or workforce training program performance accountability and reporting under Federal or State law." The Department intends that this provision apply only in the limited instance where a Federal or State law requires performance reporting for which data covered by part 603 is needed in a way that is not covered by the other WIOA-specific provisions. In those instances, this provision would permit a State agency to disclose confidential UC information to a "public official" seeking the information to comply with that statute.
Proposed § 603.6(8) makes the disclosure of confidential UC information for certain Federal evaluations mandatory when the disclosure would not interfere with the efficient administration of State UC law. The Department proposes this change to § 603.6 to implement the requirement, under WIOA sec. 116(e)(4), that States cooperate, "to the extent practicable," in the conduct of evaluations by either the Secretary of Labor or the Secretary of Education. WIOA sec. 116(e)(4) defines cooperation to include "the provision of data (in accordance with appropriate privacy protections established by the Secretary of Labor)"; this includes 20 CFR part 603 and any other privacy protections the Secretary may establish. The proposed new regulation at § 603.6(8) would implement these requirements for purposes of providing confidential UC information regulated by part 603. The new regulation would require disclosure of confidential UC information to Federal officials, or their agents or contractors, requesting such information in the course of an evaluation covered by WIOA § 116(e)(4) and 116(e)(1), to the extent that such disclosure is "practicable."
In these cases, the Department interprets "to the extent practicable" to mean that the disclosure would not interfere with the efficient administration of State UC law. This standard is consistent with the standard the regulation applies to disclosures under § 603.5, in situations where the disclosure is permitted but a State must determine, first, that the disclosure would not interfere with the efficient administration of State UC law. In effect, the proposed provision would require that State UC agencies make disclosures to Federal education and labor agencies carrying out evaluations when it would not interfere with the efficient administration of the State UC law. The Department anticipates this cooperation and related disclosures would include responding to surveys and allowing site visits, as well as disclosure of confidential UC information needed for the evaluation.
Proposed part 675 discusses the purpose of title I of the WIOA, explains the format of the regulations governing title I, and provides additional definitions which are not found and defined in the Act.
Proposed § 675.100 describes the purposes of title I of WIOA.
Proposed § 675.200 outlines the structure of the proposed WIOA regulations.
Proposed § 675.300 provides a list of proposed definitions that are applicable across the WIOA regulations.
In addition to the definitions in the WIOA regulations and at secs. 3, 142, 166(b), 167(i), 170(a), 171(b), 203, 302, and 404 of WIOA, proposed § 675.300 provides additional definitions that apply to the programs and activities authorized and funded under title I of WIOA.
Included in this list of definitions, the Department proposes to adopt the following relevant definitions from the Office of Management and Budget's (OMB) "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards" found at 2 CFR part 200: Contract, Contractor, Cooperative Agreement, Federal Award, Federal Financial Assistance, Grant Agreement, Non-Federal Entity, Obligations, Pass-Through Entity, Recipient, Subaward, Subrecipient, Unliquidated Obligations, and Unobligated Balance. All other definitions at 2 CFR part 200 apply to these regulations where relevant, but have not been included in this section.
Contract: The proposed definition for "contract" incorporates the definition established by OMB at 2 CFR 200.22. Specifically, the proposed term "contract" refers to the legal document that a non-Federal entity uses to purchase property or services used to carry out its duties under a grant authorized under WIOA. If the Start Printed Page 20697Department determines that a particular transaction entered into by the entity is a Federal award or subaward it will not be considered a contract.
Contractor: The proposed definition of "contractor" incorporates the definition contained in OMB's Uniform Guidance at 2 CFR 200.23. The Uniform Guidance has replaced the term "vendor" with the term "contractor." As used in these regulations, the term "contractor" includes entities that the Act refers to as "vendors." Additionally, it is important to note that contractors are not subrecipients. Additional guidance on distinguishing between a contractor and a subrecipient can be found at 2 CFR 200.330.
Cooperative Agreement: The proposed definition of "cooperative agreement" incorporates the definition contained in the Uniform Guidance at 2 CFR 200.24.
Department or DOL: This proposed term refers to the United States DOL, its agencies, and organizational units.
Employment and Training Activity: As used in these regulations, the proposed term "employment and training activity" refers to any workforce investment activities carried out for an adult or dislocated worker under sec. 134 of WIOA and 20 CFR part 678.
Equal Opportunity (EO) Data: This proposed term refers to the data required by the Department's regulations at 29 CFR part 37 implementing sec. 188 of WIOA.
ETA: This proposed term refers to the ETA, an agency of DOL, or its successor organization.
Federal Award: This proposed definition incorporates the definition in the Uniform Guidance at 2 CFR 200.38.
Federal Financial Assistance: The proposed definition of "Federal financial assistance" incorporates the definition contained in the Uniform Guidance at 2 CFR 200.40.
Grant or Grant Agreement: The proposed definition of "grant agreement" incorporates the definition contained in the Uniform Guidance at 2 CFR 200.51. Because both WIOA and these regulations use "grant" and "grant agreement" interchangabily, the inclusion of both terms here clarifies that the terms are synonymous.
Grantee: The proposed definition of "grantee" refers to a recipient of funds under a grant or grant agreement. Grantees are also referred to as recipients in these regulations.
Individual with a Disability: This proposed definition adopts the definition from sec. 3 of the Americans with Disabilities Act, as amended, and is further defined at 29 CFR 37.4.
Labor Federation: This proposed definition remains unchanged from the definition used in the regulations under WIA at 20 CFR 660.300.
Literacy: The proposed definition for "literacy" as used in these regulations is a measure of an individual's ability to participate and successfully function both in the workplace and in society.
Local Board: This proposed definition clarifies that the term "Local Board" as used in these regulations refers to the Local Workforce Development Boards established under sec. 107 of WIOA.
Non-Federal Entity: The proposed definition of "non-Federal entity" incorporates the definition contained in the Department's Exceptions to the Uniform Guidance at 2 CFR 2900.2.
Obligations: The definition of "obligations" incorporates the definition contained in the Uniform Guidance at 2 CFR 200.71.
Outlying Area: The proposed term "outlying area" refers to those Territories of the United States which are not within the definition of "State," including the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and, in certain circumstances, the Republic of Palau.
Pass-through entity: The proposed definition of pass-through entity incorporates the definition in the Uniform Guidance at 2 CFR 200.74.
Recipient: The proposed definition of "recipient," which is different than the current definition of recipient under WIA at 20 CFR 660.300, incorporates the definition in the Uniform Guidance at 2 CFR 200.86.
Register: The proposed definition of "register" means the point at which an individual seeks more than minimal assistance from staff in taking the next step towards self-sufficient employment. This is also when information that is used in performance information begins to be collected. At a minimum, individuals must provide identifying information to be registered.
Secretary: This proposed term refers to the Secretary of the U.S. DOL, or their officially delegated designees.
Secretaries: This proposed term refers to the Secretaries of the U.S. DOL and the U.S. ED, or their officially designated designees.
Self-Certification: The proposed term "self-certification" refers to the certification made by an individual that they are eligible to receive services under title I of WIOA.
State: The proposed term "State" refers to each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
State Board: This proposed definition clarifies that the term "State Board" as used in these regulations refers to the State Boards established under sec. 101 of WIOA
Subgrant or Subaward: This proposed term incorporates the definition of "subaward" in the Uniform Guidance at 2 CFR 200.92. This term replaces the term "subgrant" found in WIA at 20 CFR 660.300. Because both WIOA and these regulations use "subgrant" and "subaward" interchangeably, the inclusion of both terms here clarifies that the terms are synonymous.
Subrecipient: The proposed definition of "subrecipient" incorporates the definition in the Uniform Guidance at 2 CFR 200.93. This term is synonymous with the term "subgrantee."
Unliquidated Obligations: The proposed definition of "unliquidated obligations" incorporates the definition contained in the Uniform Guidance at 2 CFR 200.97.
Unobligated Balance: The proposed definition of "unobligated balance" incorporates the definition in the Uniform Guidance at 2 CFR 200.98.
Wagner-Peyser Act: As used in these regulations, the proposed term "Wagner-Peyser Act" refers to the Wagner-Peyser Act passed on June 6, 1933, and codified at 29 U.S.C. 49, et seq.
WIA Regulations: The proposed term "WIA Regulations" as used in this regulation or subsequently by the Department refers to the regulations 20 CFR parts 660-672. This definition is necessary because, as described in the introduction to these regulations, the Department has chosen to retain the WIA regulations at parts 660-672 of title 20 of the CFR.
WIOA Regulations: This proposed term, as used in this regulation or generally by the Department means those regulations in 20 CFR parts 675 through 687, the Wagner-Peyser Act regulations in 20 CFR part 652, subpart C, and the regulations implementing WIOA sec. 188 in 29 CFR part 37.
Workforce Investment Activities: The proposed term "workforce investment activities" is a general term that describes the broad array of activities and services provided to eligible adults, dislocated workers, and youth under secs. 129 and 134 of title I of WIOA.
Youth Workforce Investment Activity: The proposed term "youth workforce investment activity" refers to those activities carried out for eligible youth that fall within the broad definition of "workforce investment activity."Start Printed Page 20698
This subpart A sets forth the conditions under which the Governor must establish the State Board.
Proposed §§ 679.100(a)-(e) explain the purpose of the State Board. The State Board represents a wide variety of individuals, businesses, and organizations throughout the State. WIOA is designed to help job seekers and workers access employment, education, training, and support services needed to succeed in the labor market, and match employers with the skilled workers needed to compete in the global economy. Further, the Department envisions a State Board that takes leadership to ensure that the one-stop system in each State is customer driven. The State Board can help lead this effort by aligning Federal investments in job training, integrating service delivery across programs, and ensuring that the workforce system is job-driven and matches employers with skilled individuals.
The Department envisions that the State Board will serve as a convener of State, regional, and local workforce system partners to enhance the capacity and performance of the workforce development system; align and improve employment, training, and education programs, and through these efforts, promote economic growth.
The State Board must be a strategic convener that promotes partnerships and engages key stakeholders. This role can only be accomplished if each State Board member is an active participant in the business of the board. State Board members must establish a platform in which all members actively participate and collaborate closely with the required partners of the workforce development system, including public and private organizations. This engagement is crucial in the State Board's role to help integrate and align a more effective job-driven workforce investment system that invests in the connection between education and career preparation.
A key goal of Federally-funded training programs is to get more Americans ready to work with marketable skills and support businesses to find workers with the skills that are needed. The role of the State Board in achieving this goal includes engaging employers, education providers, economic development, and other stakeholders to help the workforce development system achieve the purpose of WIOA and the State's strategic and operational vision and goals outlined in the State Plan. The Department encourages the State Board to develop a comprehensive and high-quality workforce development system by working with its workforce, education, business, and other partners to improve and align employment, training, and education programs under WIOA.
The Department encourages the State to take a broad and strategic view when considering representatives of the State Board, and also in establishing processes which it will use to include necessary perspectives in carrying out State Board functions. For example, alignment of required one-stop partner investments is essential to achieving strategic and programmatic alignment at the State, regional, and local level. Further, States are encouraged to examine factors like the natural bounds of regional economies, commuting patterns, and how economic sectors impact the State, which may benefit from inputs either from formal members of the board, or through other engagement. Further, a broad geographic representation as well as a reflection of diversity of populations within the State is critical.
Proposed § 679.110 describes the membership requirements of the State Board. WIOA sec. 101(b) uses the terms "representative" and "representatives" in several places. In this section the Department interprets "representatives" to mean two or more individuals and "representative" as one individual.
Proposed § 679.110(a) explains that States must establish State Boards in accordance to the requirements of WIOA sec. 101 and these regulations. This proposed section retains the same requirements found at 20 CFR 661.200(a).
Proposed § 679.110(b) generally requires, in accordance with sec. 101(b)(2) of WIOA, that the State Board membership represent the diverse geographic areas of the State. Employers' and workers' challenges and needs differ among the urban, rural, and suburban areas of the States due to demographics, labor market information and conditions, and business and worker needs and access to the workforce development system. Accordingly, the Department strongly encourages that each category of membership on the Board—the members of the State legislature, business representative, workforce and labor representatives, and State and local officials—represent the diverse geographic areas of the State to ensure that the workforce development system meets the education, employment, and skill needs of workers, jobseekers, and businesses, no matter their location in the State.
Proposed § 679.110(b)(1) and (2) implement secs. 101(1)(A) and (B) of WIOA by requiring that the board include the Governor of the State and one member of each chamber of the State legislature.
Proposed § 679.110(b)(3)(i)(A) through (C), implementing sec. 101(b)(1)(C)(i) of WIOA, require the majority of State Board representatives to be from businesses or organizations in the State. These representatives must either be the owner or chief executive of the business or be an executive with optimum policy-making or hiring authority as defined in proposed § 679.120. These representatives must also come from businesses or organizations that represent businesses which provide employment and training opportunities that include high-quality, work-relevant training, and development opportunities in in-demand industry sectors or occupations. Work-relevant and development opportunities may include customized training, registered apprenticeship, or OJT. Finally, the Governor must appoint these members based on nominations from business organizations and trade associations in the State. The Department envisions that these members will be individuals that will be able to drive the board to align the workforce investment, education, and economic development systems in support of a comprehensive, accessible, and high-quality workforce development system.
Proposed § 679.110(b)(3)(i)(D) requires, at a minimum, that one member of the State Board represent small business as defined by the U.S. Small Business Administration. Small businesses are a critical component of and major contributor to the strength of local economies and present new employment opportunities. The Department proposes to require a small business representative because the presence of at least one small business representative on the State Board will allow the board as a whole to more readily receive the unique perspectives, experiences, and needs of small businesses.
Proposed § 679.110(b)(3)(ii)(A) through (D) require that not less than 20 Start Printed Page 20699percent of the members of the State Board be representatives of the workforce. Such representatives must include representatives from labor organizations and registered apprenticeship programs within the State, in accordance with sec. 101(b)(1)(ii). This provision maintains WIA's emphasis and requirement that State Board representatives include members of the workforce and labor organizations. The Department anticipates that the inclusion of workforce and labor representatives will foster cooperation between labor and management, strengthening the operation and effectiveness of the State workforce development system. This proposed section also encourages representation from CBOs that have demonstrated experience and expertise, as defined in proposed § 679.120, in addressing the employment, training, or education needs of individuals with barriers to employment across the State including organizations that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities, and organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including organizations that serve OSY.
Proposed § 679.110(b)(3)(iii)(A)(1) and (2), implementing WIOA sec. 101(b)(1)(iii)(I), require the Governor to appoint to the State Board representatives of government that include the lead State officials with primary responsibility for each of the core programs and two or more CEOs that represent both cities and counties, where appropriate. The inclusion of State officials with primary responsibility for each of the core programs and CEOs on the State Board is important so that they can support and improve the service delivery of each core program through their experience in workforce investment activities and positions as public leaders. This provision also requires that where the State official with primary responsibility for a core program represents more than one core program, that official must ensure adequate representation on the State Board of the needs of all the core programs under their jurisdiction. Additionally, the CEOs must be able to represent their geographic area such as their surrounding cities and counties in the area.
Proposed § 679.110(b)(3)(iii)(B), in accordance with WIOA sec. 101(b)(1)(C)(iii)(II), allows the Governor to designate other representatives and officials to the Board, including but not limited to, representatives and officials such as State agency officials from agencies that are responsible for one-stop partners, State agency officials responsible for economic development or juvenile justice programs, individuals who represent an Indian tribe or tribal organizations, and State agency officials responsible for education programs.
Proposed § 679.110(c), implementing sec. 101(c) of WIOA, requires the Governor to select a chairperson for the State Board from the business representatives on the board. This proposed section retains the same requirements found at 20 CFR 661.200(g).
Proposed § 679.110(d) requires the Governor to establish by-laws that help improve operations of the State Board. Proposed § 679.110(d)(1) through (7) require that at a minimum the by-laws address the nomination process used by the Governor to select the State Board chair and members, term limitations and how the term appointments will be staggered to ensure only a portion of memberships expire in a given year, the process to notify the Governor of a board member vacancy to ensure a prompt nominee, the proxy and alternative designee process that will be used when a board member is unable to attend a meeting and assigns a designee, brokers relationships with stakeholders, and any other conditions governing appointment or membership on the State Board as deemed appropriate by the Governor. In addition to these required elements, the Governor must include any additional requirements in the board's by-laws that he or she believes is necessary to ensure the orderly administration and functioning of the board. An effective State Board establishes clear roles, responsibilities, procedures, and expectations through its by-laws, and that these requirements will help State Boards to be more agile and proactive in reacting to board turnover, increase board participation when board members are not able to physically attend board meetings, improve board functionality, and help ensure that the public is informed about the operation of the board.
Proposed § 679.110(e) requires, as a general condition of State Board membership, that members who represent the non-business organizations, agencies, or other entities described in proposed § 679.110(b)(3)(ii) and (iii) have optimum policy-making authority. Because WIOA sec. 101(d) adds State Board functions, such as identifying and disseminating information on best practices and developing and reviewing statewide policies affecting the coordinated provision of services through the State's one-stop delivery system, all members, not just those representing the business community, should have optimum policy-making authority to accomplish the purposes of WIOA and conduct the State Board required functions.
Proposed § 679.110(f) implements the multiple-entity representation limitations for State Board members at WIOA sec. 101(b)(3). Robust representation in each of the categories is essential to ensure that the State Board benefits from the diversity and experience of board members.
Proposed § 679.110(f)(1) explains that a State Board member may not represent more than one of the three membership categories: Business representatives, workforce representatives, or government representatives. For example, one member could not serve as a business representative and a joint labor-management apprenticeship program even if the member would otherwise satisfy the criteria for both categories.
Proposed § 679.110(f)(2) explains that a State Board member may not serve as a representative of more than one subcategory under (b)(3)(ii). Under this provision, a single board member could not serve as a representative of an organized labor organization and an apprenticeship program (or the optional subcategories) even if the member would otherwise satisfy the criteria for either category.
Proposed § 679.110(f)(3) prohibits a government representative from serving as a representative of more than one subcategory under (b)(3)(iii). However, where a single government agency is responsible for multiple required programs, the head of the agency may represent each of the required programs. In some instances, it would be appropriate and beneficial for one representative to represent multiple programs on the State Board. For example, the head of a State Workforce Agency might represent both the WIOA title I and Wagner-Peyser programs. This arrangement could serve to improve integration of these two programs and/or help the State Board better achieve the colocation requirements at WIOA sec. 123(c)(3). In other instances, such an arrangement would be less beneficial. For example, where vocational rehabilitation services fall under the State Workforce Agency, appointing a single representative to satisfy the membership requirements of WIOA title I, Wagner-Peyser, and vocational rehabilitation services may limit the voice and influence of a core program partner. The Department encourages Governors to use discretion Start Printed Page 20700when appointing board members to represent multiple subcategories under (b)(3)(iii).
Proposed § 679.110(g) requires that all required board members have voting privileges and allows the option for the Governor to convey voting privileges to non-required members. All required board members must have a voice in the State Board's decisions to ensure that the interests of all members of the community represented by the required members are taken into account by the board. Requiring voting rights allows the required board members to have an effect on the State Board's key decisions and initiatives and enables the required board members to effectively represent the individuals and organizations of their communities. This proposed section also permits the Governor to grant voting privileges to the non-required members of the board, and the Department encourages the Governor to do so if doing so, in their opinion, would further the mission and goals of the board.
Proposed § 679.120(a) defines the term "optimum policy-making authority" as an individual who can reasonably be expected to speak affirmatively on behalf of the entity he or she represents and to commit that entity to a chosen course of action. This proposed section retains the same requirements found at 20 CFR 661.203(a).
Proposed § 679.120(b) defines the term "demonstrated experience and expertise" as an individual who has documented leadership in developing or implementing workforce development, human resources, training and development, or a core program function. WIOA sec. 101(d) adds new State Board functions, such as the development of strategies for aligning technology and data systems across one-stop partner programs to enhance service delivery and improve efficiencies in reporting on performance accountability measures. This provision will ensure that the State Board will include members that will assist the board in fulfilling these functions. The Department seeks public comment on how to further define "demonstrated experience and expertise" and examples of the types of qualifications that would meet such a definition.
Proposed § 679.130 implements sec. 101(d) of WIOA and describes the role and functions of the State Board. Proposed § 679.130(a), (d) through (e), and (g) through (k) reiterate the relevant statutory requirements at secs. 101(d)(1), (4)-(5), and (7)-(11). These functions are the primary functions of the State Board.
Proposed § 679.130 is consistent with WIOA's statutory requirement that the State Board must assist the Governor in the development, implementation, and modification of the 4-year State Plan.
Proposed § 679.130(b) is consistent with WIOA sec. 101(d)(2) and reiterates the statutory requirements. The proposed regulation states the review of statewide policies, programs, and recommendations on actions that must be taken by the State to align workforce development programs to support a comprehensive and streamlined workforce development system. Such review of policies, programs, and recommendations must include a review and provision of comments on the State plans, if any, for programs and activities of one-stop partners that are not core programs.
Proposed § 679.130(c)(1) through (7) are consistent with WIOA secs. 101(d)(3)(A) through (G) and reiterate WIOA's requirements that the State Board assist the Governor in development and continuous improvement of the State's workforce development system, including removing barriers to aligning programs and activities, developing career pathways to support individuals to retain and enter employment, developing customer outreach strategies, identifying regions and designating local workforce areas, developing and continuously improving the one-stop system, and developing strategies to train and inform staff.
Proposed § 679.130(d) and (e) reiterate statutory language requiring State Boards to assist in the development of State performance and accountability measures and to identify and disseminate best practices.
Proposed § 679.130(f)(1) through (3) are consistent with WIOA secs. 101(d)(6)(A) through (C) to assist in the development and review of statewide policies on coordinated service provisions, which includes criteria for Local Boards to assess one-stop centers, allocation of one-stop center infrastructure funds, and the roles and contributions of one-stop partners within the one-stop delivery system. In addition, it is important for the State Board to consult with CEOs and Local Boards when establishing objective criteria and procedures for Local Boards to use when certifying one-stop centers. Where Local Boards serve as the one-stop operator, the State Board must use such criteria to assess and certify the one-stop center to avoid inherent conflicts of interest in a Local Board assessing itself.
Proposed § 679.130(g) through (k) reiterate statutory language requiring State Boards to assist in the development of strategies for technological improvements to improve access and quality of service, align technology and data systems across one-stop partner programs to improve service delivery and effectiveness in reporting on performance accountability, develop allocation formulas for distribution of adult and youth programs, and in accordance with WIOA and these regulations, prepare the annual report and develope the statewide WLMIS.
Proposed § 679.130(l) is consistent with WIOA sec. 101(d)(12). This proposed regulation requires the State Board to assist the Governor in the development of other policies that promote statewide objectives and enhance the performance of the workforce development system in the State.
Proposed § 679.140 implements sec. 101(g) of WIOA, requires that the State Board conduct its business in an open and transparent manner, and describes several pieces of information that the board is required to provide to ensure transparency.
Proposed § 679.140(b)(1) through (4) requires the State Board to make certain information available on a regular basis to ensure that it is conducting its business in an open manner. Transparency promotes accountability and provides valuable information to citizens on the Federal, State, and local government's activities. Therefore, the State Board must make available to the public on a regular basis, through electronic means and open meetings, information about State Board activities such as the State Plan, modifications to the State Plan, board membership, the board's by-laws, the minutes of meetings. This information must be easily accessed by interested parties. Ensuring that this information is widely available promotes transparency and Start Printed Page 20701provides access to the public on how the State Board works to align, integrate, and continuously improve the workforce development system.
Proposed § 679.150(a) and (b) implement the requirements of WIOA sec. 101(e)(1) and describe the circumstances by which the Governor may select an alternate entity in place of a State Board. Paragraph (b) lists the conditions that must be met if a State uses an alternative entity in place of the State Board and requires that the entity meets the requirements of § 679.110.
Proposed § 679.150 (c)(1) through (3) stipulate that if the alternative entity does not provide representatives for each of the categories required under WIOA sec. 101(b), the State Plan must explain the manner in which the State will ensure an ongoing role for any unrepresented membership group in the workforce development system. The proposed section further requires that the State Board ensure that the alternative entity maintain a meaningful, ongoing role for unrepresented membership groups, including entities carrying out the core programs, and to inform the Board's actions.
Proposed § 679.150(d) stipulates if the membership structure of the alternative entity had a significant change after August 7, 1998, the entity will no longer be eligible to perform the functions of the State Board. In such a case, the Governor must establish a new State Board which meets all of the criteria of WIOA sec. 101(b).
Proposed § 679.150 (e)(1) and (2) define a significant change in the membership structure which includes a change in the organization of the alternative entity or in the categories of entities represented on the alternative entity which requires a change to the alternative entity's charter or a similar document that defines the formal organization of the alternative entity, regardless of whether the required change to the document has or has not been made. This proposed section retains the same requirements found at 20 CFR 661.210(e).
Proposed § 679.150(f) stipulates all State Board references in 20 CFR parts 675 through 687 also apply to an alternative entity used by a State. This proposed section implements sec. 101(e)(2) of WIOA.
Proposed § 679.160 implements sec. 101(h) and describes the board's authority to hire staff. Per proposed § 679.160(c), the pay provided to the director and staff hired by the board is subject to the limitations on the payment of salary and bonuses described in WIOA sec. 194(15).
The WIOA envisions a workforce development system that is customer-focused on both the job seeker and business, and is able to anticipate and respond to the needs of regional economies. It requires Workforce Development Boards and CEOs to design and govern the system regionally, aligning workforce policies and services with regional economies and supporting service delivery strategies tailored to these needs. To support this regional approach, WIOA requires States to identify intrastate and interstate regions which may be comprised of more than one local area, and requires local areas to plan regionally. WIOA envisions a regional system where not only do local areas plan regionally, but workforce system leaders partner and provide leadership as part of comprehensive, regional workforce and economic strategies. This subpart provides the requirements for designation of regions and local areas under WIOA.
Proposed § 679.200 describes the purpose of requiring States to identify regions: to align workforce development resources to regional economies to ensure coordinated and efficient services to both job seekers and employers. WIOA requires States to establish regions in order to ensure that training and ES support economic growth and related employment opportunities and are meeting the skill competency requirements of the regions. The development of comprehensive regional partnerships facilitates alignment of workforce development activities with regional economic development activities, and better supports the execution and implementation of sector strategies and career pathways. Regional cooperation may also lower costs and increase the effectiveness of service delivery to businesses that span more than one local workforce development area within a region and to job seekers through coordination of shared services, processes, and operations. The Department encourages States to use these processes to identify any performance, fiscal, or planning challenges and to ensure that local and regional planning areas are aligned to support improved service delivery, improved training and employment outcomes, better meet employer needs, and greater effectiveness and efficiency in achieving these outcomes.
Proposed § 679.210 outlines the requirements for identifying a region.
Proposed § 679.210(a) requires that the Governor assign local areas to a region prior to the submission of the State Unified or Combined Plan.
Proposed § 679.210(b) explains that the Governor must develop a policy for designation of a region prior to submission of the State Unified or Combined Plan, in order to receive WIOA title I-B adult, dislocated worker, and youth allotments. The regional assignment is important because regional economic development areas do not necessarily correspond to State, county, or local workforce development areas, or municipal boundaries.
Proposed § 679.210(b) clarifies the required factors that a Governor must consider when identifying a region and the parties the Governor must consult, implementing WIOA sec. 106(a)(1). The considerations for identifying a planning region are consistent with those for local area designation outlined in proposed § 679.240(a).
Proposed § 679.210(c) provides additional criteria the Governor may consider when identifying regions. These additional criteria, which provide a more comprehensive picture of regional economies and labor markets, provide additional data points to inform the Governor's decision to assign local areas to regions. However, the Department seeks comment on the appropriateness of these factors and requests suggestions of additional data points for defining a regional economy and labor market.
The Department has included "population centers" in proposed § 679.210(c)(1) because they and their contiguous areas of growth are a basic factor distinguishing economic development areas and planning regions.
Proposed § 679.210(c)(2) allows the consideration of "commuting patterns" because commuting pattern data can show the movement of workers from their residence to their workplace. A Start Printed Page 20702strong flow of commuters from one local area, municipality, or county into another is an indication of the economic interdependence of the two areas.
"Land ownership" is included in proposed § 679.210(c)(3) because land ownership can significantly affect the economic development potential of an area.
"Industrial composition" has been proposed as a factor in § 679.210(c)(4) because it is primarily based upon industry employment patterns. The factors used in determining regions could be jobs by industry and share of total employment by industry.
Proposed § 679.210(c)(5) permits the Governor to consider "location quotients," which are ratios that could be computed by dividing a local area's percentage of employment in a particular industry by the State's percentage of employment in a particular industry. The economic base of a local area includes those industries in which the local area has a higher proportion of employment than the State as a whole, or a higher location quotient. Adjacent local areas with similar economic bases are strong candidates for placement in the same region.
"Labor force conditions" is proposed as a factor in § 679.210(c)(6). Local area labor force employment and unemployment data could provide a measure of labor availability throughout the State. Adjacent local areas with similar labor force characteristics, such as unemployment rates, might have similar workforce/economic development needs, thus joining those areas into a region may be beneficial.
Proposed § 679.210(c)(7) suggests that the Governor consider "geographic boundaries" when setting regions because they may serve to facilitate or hinder the movement of people and commerce between areas, thereby naturally delineating regional boundaries.
Finally, proposed § 679.210(c)(8) indicates that the Secretary may suggest additional factors in future guidance.
Proposed § 679.210(d), implementing sec. 106(a)(2) of WIOA, outlines the types of regions and how local areas may be assigned to regions. A region may consist of a single local area, two or more contiguous local areas with a State, or two or more contiguous local areas in two or more States. When the Governor(s) assigns two or more local areas to a region, the region, per WIOA sec. 3(48), is considered a planning region, which is required to coordinate regional service strategies, regional sector initiatives, the collection and analysis of regional labor market data, administrative costs, transportation, partnership with economic develop agencies, and the negotiation of local performance consistent with the regional planning requirements at § 679.510. A single local area may not be split across two planning regions. Local areas must be contiguous in order to be a planning region and effectively align economic and workforce development activities and resources. The Department anticipates providing additional guidance regarding the creation and management of interstate planning regions.
Distinct from the regional designation, WIOA also provides for local workforce development areas. As described above, these local areas may be identified individually or in combination, as regions. Proposed § 679.220 describes the purpose of the local workforce development area (local area). The Governor must designate local areas in order to receive WIOA title I adult, dislocated worker, and youth allotments, as required by WIOA sec. 106. Local areas serve as a jurisdiction for the administration of workforce development activities and execution of adult, dislocated worker, and youth funds allocated by the State. States allocate workforce investment funds based on various population characteristics of the local area. Local areas may correspond to regions identified in WIOA sec. 106(a)(1) or may be smaller geographic areas within a planning region, each with its own Local Workforce Development Board.
Proposed § 679.230 describes the procedural requirements that the Governor must use for the designation or redesignation of a local workforce development area. Proposed § 679.220 (a) through (c), implementing WIOA sec. 106(b)(1)(A), requires the Governor to consult with the State Board and CEO, and consider public comments from a wide range of stakeholders consistent with provisions at WIOA sec. 102(b)(2)(e)(iii)(II) as part of the process of identifying the local area. The Governor has the discretion to establish the process and procedures to solicit comments that it determines appropriate; however a wide-reaching, inclusive process allows sufficient time for stakeholders to provide substantive comments that will enable the Governor to receive meaningful feedback from all interested stakeholders, ensuring that the Governor is able to consider all relevant information, data, and opinions before making a decision to designate or redesignate a local area.
Proposed § 679.240 provides the substantive requirements that Governor must use for the designation or redesignation of local workforce development areas.
Proposed § 679.240(a) explains that the Governor must develop a policy for designation or redesignation of local workforce development areas, including the factors that the Governor must consider. The statute requires that the Governor designate local areas that "are consistent" with labor market and regional economic development areas: The Department interprets this to mean that within a local area, there must be common labor markets and economic development areas. Better integration between the workforce and economic development systems serves to best connect the employment needs of workers with the skilled workforce needs of employers. This section implements sec. 106(b)(1)(B) of WIOA.
Proposed § 679.240(b) permits the Governor to approve a local area designation request from any unit of local government, including a combination of multiple units. This provision implements sec. 106(b)(4) of WIOA and retains the same requirements found at 20 CFR 661.250(c). Proposed paragraph (c) permits the Governor to redesignate a local area that has been designated or redesignated under § 679.240(a) or has been designated under § 679.250(a) or (c) if the local area requests, and the Governor approves, the redesignation.
Proposed § 679.250 describes the requirements for initial and subsequent designation of local areas that had been designated as local areas under WIA.
Proposed § 679.250(a) implements sec. 106(b)(2) of WIOA that requires, during the first 2 full PYs following the enactment of WIOA, a Governor is to approve a request for initial designation from any local area designated as a local area under WIA as long as the entity Start Printed Page 20703was designated a local area under WIA, performed successfully, and maintained sustained fiscal integrity for 2 years prior to the enactment of WIOA. This provision requires the Governor to continue the designation of local areas that performed well and maintained sound fiscal practices under WIA. If a local area that was designated under WIA requests initial designation under WIOA but does not meet all of the requirements of § 679.250(a), the Governor has the discretion to approve the initial designation under WIOA or to redesignate the local area pursuant to the procedures described in § 679.240.
Proposed § 679.250(b) clarifies that initial designation applies to PYs 2015 and 2016, as per WIOA sec. 106.
Proposed § 679.250(c), in accordance with sec. 106(b)(3) of WIOA, describes the requirements for the subsequent designation of local workforce development areas that were initially designated under § 679.250(a). Specifically, the Governor must approve requests for subsequent designation as long as the local area performed successfully, sustained fiscal integrity, and in the case of a local area in a planning region, met the planning region requirements during the 2-year period of initial designation. Local areas that are able to demonstrate successful performance and fiscal integrity must be permitted to continue to operate and may not be redesignated without the consent of the Local Board and CEO in the local area.
Proposed § 679.250(d) describes the role of the Governor in reviewing a local area's subsequent designation. Paragraph (d)(1) permits the Governor to evaluate a local area at any time to ensure the local area continues to meet the requirements for subsequent eligibility at paragraph (c). Paragraph (d)(2) requires the Governor to review local areas to ensure they continue to satisfy the requirements at paragraph (2) as part of each 4-year State planning cycle. Sections 116(g)(2)(A) and 184(b)(1) of WIOA describe the required actions that the Governor must take in the event that a local workforce area fails to meet its negotiated levels of performance or does not comply with administrative requirements, respectively. Under these provisions the Governor retains the authority to take corrective action in light of failure of performance or fiscal management short of redesignation, and is not required to redesignate a local area that has failed to maintain the requirements of paragraph (c). Furthermore, the Governor may redesignate local areas at any time with the cooperation of the CEO and Local Board in a given local area.
Proposed § 679.250(e) presumes that local areas will be considered to have requested continued designation unless the CEO and the Local Board directly notify the Governor that they no longer wish operate as a local area. This newly proposed paragraph reduces the administrative burden of maintaining local area status, while still holding local areas accountable to the requirements of paragraph (c).
Proposed § 679.250(f) specifies that the requirements for subsequent designation do not apply to local areas that are designated or redesignated under § 679.240 or are single-area States designated under § 679.270.
Proposed § 679.250(g) clarifies that rural concentrated employment programs are not eligible to apply for initial designation as a local area. WIOA allows any unit of local government (or combination of units of local government) to request designation as a local area; however, unlike under WIA, this provision does not extend to rural concentrated employment programs.
Proposed § 679.260 defines the terms "performed successfully" and "sustained fiscal integrity" used in § 679.250. This section implements sec. 106(e) of WIOA.
Proposed § 679.260(a) defines the term "performed successfully" for the purpose of initial designation to mean that the local area met or exceeded all performance levels the Governor negotiated with Local Board and CEO under WIA sec. 136(c) for the last 2 full PYs before the enactment of WIOA. It also requires that the local area not fail any individual measure for the last 2 consecutive PYs before the enactment of WIOA. Proposed § 679.260(a)(1) requires the Governor, in order to determine if a local area has performed successfully, to have defined the terms "met or exceeded" and "failure" at the time the performance levels were negotiated. Proposed § 679.260(a)(2) clarifies that the Governor may not retroactively apply any higher WIOA threshold to performance negotiated and achieved under WIA for the purposes of local area designation.
Proposed § 679.260(b) defines the term "performed successfully" for the purpose of subsequent designation to mean that the local area met or exceeded the levels of performance the Governor negotiated with Local Board and CEO for core indicators of performance described at WIOA sec. 116(b)(2)(A). It also requires the Governor to have defined the terms "met or exceeded" and "failure" in the State Plan.
Proposed § 679.260(a) and (b) expand on the definition at WIOA sec. 106(e)(1) to ensure that the initial and subsequent designation of local areas is conducted in a fair and transparent manner by ensuring that the local area's performance is judged on the contemporaneous standards agreed to between the State and local area at the time rather than under subsequently imposed performance standards.
Proposed § 679.260(c) defines the term "sustained fiscal integrity" for the purpose of determining initial and subsequent local area designation to mean that the Secretary has not made a formal determination that either the grant recipient or any other entity charged with expending local area funds misexpended such funds due to willful disregard of the requirements of the provision involved, gross negligence, or failure to comply with accepted standards of administration for the 2-year period preceding the determination.
Proposed §§ 679.250 and 679.260 allow for an orderly transition from WIA to WIOA and protects the designation status of local areas that meet or exceed performance targets negotiated in good faith under the relevant authorizing legislation while allowing the Governor both to oversee properly the performance of the local areas and take action necessary to improve the area's performance in a timely fashion.
Proposed § 679.270 outlines the special designation provisions for single-area States. Under WIOA sec. 106(d), the Governor of any single-area State under WIA may choose to continue to designate the State as a single-State area. However, proposed § 679.270(b) clarifies that the Governor must identify the single-area status of the State in its Unified or Combined State Plan and proposed § 679.270(c) further clarifies that the State Board in a single-area State must continue to carry out the functions of the State and Local Boards. This section is intended to clarify single-area States' responsibilities and functions: Key local functions, such as monitoring; entering into a memorandum of understanding (MOU) with one-stop partners; selecting one-stop operators; selecting eligible providers of youth activities, career services and training services; and Start Printed Page 20704certifying one-stop centers, are essential to the proper functioning of the public workforce system and remain so within single-area States.
Proposed § 679.280 describes how the State fulfills the requirement to provide assistance to local areas within a planning region that wish to redesignate into a single local area.
Proposed § 679.280(a) asserts that the State must authorize statewide funds for transition activities when all local areas in a planning region petition the Governor for redesignation as a single local area as required by WIOA sec. 106(b)(6). WIOA introduces redesignation assistance as a required statewide activity. This provision will help local areas consolidate where appropriate for the purposes of cost savings and streamlined service delivery.
Proposed § 679.280(b) clarifies that when statewide funds are exhausted in a given PY, the State may fulfill the requirement to provide redesignation assistance in the following PY. This section provides States with the flexibility to balance priorities while ensuring local areas receive redesignation assistance.
Proposed § 679.280(c) provides examples of the activities that local areas may elect to pursue with the redesignation assistance received from the State. However, the State may establish policy on what other activities local areas may use funds received for the purposes of redesignation or leave such determination to the local areas.
Proposed § 679.290 outlines the appeals process for an entity that submits a request for initial or subsequent designation as a local workforce development area that is rejected by the Governor. This section implements sec. 106(b)(5) of WIOA.
Proposed § 679.290(a) establishes that entities that are not approved as local areas may follow the process established at 20 CFR 683.640. This section is essentially unchanged from WIA. However, while provisions at WIOA sec. 106(b) permit any unit of local government or combination of units to apply for designation as a local area, the law does not specify that rural concentrated employment programs may apply for designation as a local area. The intent of this section was to prohibit such an arrangement under WIOA and that this prohibition logically applies to the appeals process.
Proposed § 679.290(b) establishes that an entity making an unsuccessful appeal to the State Board may request a review of the appeal by the Secretary of Labor if the State does not respond to the appeal in a timely manner or if the appeal for designation is denied by the State. The Department defines a `timely manner' to be 60 days after the submission of the appeal. This provides adequate time for the State to review and make a ruling on the appeal while not being so long as to delay unreasonably the appeal and designation processes.
Proposed § 679.290(c) summarizes the circumstances under which the Secretary of Labor may require an entity to be designated as a local area. Specifically, the Secretary may require designation upon a finding of either a denial of procedural rights or a finding that the area meets the requirements for designation. This section was updated from WIA to reflect that neither the `automatic' nor `temporary and subsequent' designation statuses exist under WIOA.
Proposed § 679.300 explains the purpose of the Local Board. The Local Board represents a wide variety of individuals, businesses, and organizations throughout the local area. The Local Board serves as a strategic convener to promote and broker effective relationships between the CEOs and economic, education, and workforce partners.
The Local Board must develop a strategy to continuously improve and strengthen the workforce development system through innovation in, and alignment and improvement of, employment, training, and education programs to promote economic growth. Local Board members must establish a platform in which all members actively participate and collaborate closely with the required and other partners of the workforce development system, including public and private organizations. This is crucial to the Local Board's role to integrate and align a more effective, job-driven workforce investment system.
Proposed § 679.300(b)(1) and (2) outlines the purposes of the Local Board. A key goal of Federally-funded training programs is to prepare job seekers ready to work with marketable skills. This includes providing strategic and operational oversight in collaboration with required and other partners to help the workforce development system achieve the purposes outlined in WIOA sec. 2, and assist in the achievement of the State's strategic and operational vision and goals outlined in the State Plan. The Local Board must work to develop a comprehensive and high-quality workforce development system by collaborating with its workforce and education partners to improve and align employment, training, and education programs under WIOA.
Proposed § 679.310 defines the Local Workforce Development Board. Proposed § 679.310(a) explains that the CEO in each local area appoints the Local Board in accordance with WIOA sec. 107(b) and that the Governor must certify the Local Board on a biannual basis. This proposed section retains the same requirements found at 20 CFR 661.300(a).
Proposed § 679.310(b) describes that the Local Board sets policy within the local area in partnership with the CEO, consistent with State policy. This proposed section retains the same requirements found at 20 CFR 661.300(b).
Proposed § 679.310(c), asserts that the CEO may enter into an agreement with the Local Board that describes the respective roles and responsibilities of the parties. However, the CEO remains liable for funds received under title I of WIOA unless they reach an agreement for the Governor to act as the local grant recipient and bear such liability. This proposed section retains the same requirements found at 20 CFR 661.300(c).
Proposed § 679.310(d) describes that the Local Board, in partnership with the CEO, are responsible for the development of the local plan. This proposed section retains the same requirements found at 20 CFR 661.120(d).
Proposed § 679.310(e) affirms that in local areas with more than one unit of general local government, the CEOs of the respective units may execute an agreement to describe their responsibilities for carrying out their roles and responsibilities. If the various parties cannot come to an agreement, the Governor may appoint the Local Board. This proposed section retains the Start Printed Page 20705same requirements found at 20 CFR 661.300(3).
Proposed § 679.310(f) indicates that in single-State areas, the State Board must fulfill the functions of the Local Board, which the Department also required under the WIA regulation at 20 CFR 661.300(f). As required by WIOA sec. 107(c)(4)(B)(iii), the proposed section clarifies that the State is not required to establish or report on local performance measures. This clarification presents a logical approach to local performance because the local area performance will be reflected in the State performance reports.
Proposed paragraph (g) requires the CEO to establish by-laws, consistent with State policy, that help improve operations of the Local Board. Proposed § 679.310(g)(1) through (7) require that at a minimum the by-laws address the nomination process used by the CEO to elect the Local Board chair and members, term limitations and how the term appointments will be staggered to ensure only a portion of memberships expire in a given year, the process to notify the CEO of a board member vacancy to ensure a prompt nominee, the proxy and alternative designee process that will be used when a board member is unable to attend a meeting and assigns a designee, the use of technology to improve board functions, brokers relationships with stakeholders, and any other conditions governing appointment or membership on the Local Board as deemed appropriate by the CEO. In addition to these required elements, the CEO must include any additional requirements in the board's by-laws that it believes is necessary to ensure the orderly administration and functioning of the board. An effective Local Board establishes clear roles, responsibilities, procedures, and expectations through its by-laws, and that these requirements will help Local Boards to be more agile and proactive in reacting to board turnover, increase board participation when board members are not able to physically attend board meetings, improve board functionality, and help ensure that the public is informed about the operation of the board.
Proposed § 679.320 explains that the CEO in a local area must appoint a Local Workforce Development Board and provides guidelines on requirements and options for the CEO to follow in appointing members to the Local Board.
Proposed § 679.320(b) requires that a majority of the Local Board members must represent businesses as per WIOA sec. 107(b)(2)(A). Business representatives include owners, chief executive or operating officers, and other business executives, including small businesses, and business organizations. As reflected in proposed paragraph (b)(2), WIOA requires that business representatives on the Local Board must represent business that provide employment opportunities in in-demand industry sectors or occupations as defined in WIOA sec. 3(25). Employers with employment opportunities in high-growth sectors are uniquely suited to communicate the emerging workforce needs of employers in these high-growth, in-demand sectors to the Local Board.
Proposed § 679.320(c) explains the required and optional member categories that must make up at least 20 percent of the Local Board membership representing labor organizations, or where they do not exist, employee representatives. Proposed paragraphs (c)(1) and (2) require that the Local Board must include two or more representatives of labor organizations (or other employee representatives if there are no labor organizations operating in the local area) and one or more representatives of a joint-labor management registered apprenticeship program (or other registered apprenticeship program if there is no joint labor-management program in the local area). The use of the word `representatives' with respect to labor organization membership indicates a requirement for two or more members. In areas with joint apprenticeship programs, the apprenticeship representative must be a member of a labor organization or a training director.
In addition to these required members, proposed paragraphs (c)(3) and (4) explain that the CEO may appoint one or more representatives of CBOs with experience in addressing the employment needs of individual barriers to employment including organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities, and one or more representative of organizations with experience addressing the employment needs of WIOA-eligible youth, including serving OSY. While not mandatory, the two representative categories in proposed paragraphs (c)(3) and (4) count towards reaching the 20 percent threshold. Proposed § 679.320(c) underscores both the importance of registered apprenticeship, a proven training strategy that effectively meets the needs of both employers and workers,[1] and the role of organized labor in workforce development, particularly in developing registered apprenticeship programs.
Proposed § 679.320(d)(1) and (2) describe the entities required to be on the board to provide an adult education perspective and representation. These sections require that Local Boards include a minimum of one member with experience providing adult education and literacy activities under title II of WIOA and at least one member from a higher education institution, which may include community colleges, that provides workforce training.
Proposed paragraph (d)(3) sets forth the statutory requirement that a minimum of one Local Board member must be included from each of the following organizations: Economic or community development organizations, the State ES Office under Wagner-Peyser serving the local area, and programs carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720, et seq.) other than sec. 112 or part C of that title.
Proposed § 679.320(e) provides examples of other appropriate optional members of the board. In addition to the entities described in (e)(1) through (3), proposed paragraph (e)(4) explains that the CEO may appoint other individuals to the board at his or her discretion. This provides the CEO the flexibility to assemble a Local Board that connects all key resources and stakeholders.
Proposed § 679.320(f) requires that Local Board members possess optimum policy-making authority in the organizations they represent. This proposed section retains the same requirements found at 20 CFR 661.315(c).
Proposed § 679.320(g) explains the nomination criteria for business and labor representatives, as well as representatives of adult education and literacy activities under title II when there are multiple institutions providing these services in a local area. These nomination requirements are unchanged from the requirements at 20 CFR 661.315(e), however, a formal policy ensures that business and labor organizations are provided the opportunity to provide input on board member selection. When there is more than one local area provider of adult education and literacy activities under title II, or multiple institutions of higher education providing workforce Start Printed Page 20706investment activities as described in WIOA 107(b)(2)(C)(i) or (ii), the CEO must solicit nominations from those particular entities. This requirement provides for a representative selection process for these membership categories.
Proposed § 679.320(h) explains that an individual may be appointed as a representative of more than one entity if the individual meets all the criteria for representation, including the criteria described in paragraphs (c) through (g) of this section, for each entity. While such "multiple entity" representation may not be appropriate in all cases, the Department proposes to allow an individual to represent more than one entity, because there may be instances when such representation may be an effective tool for reducing board size while still ensuring that all entities entitled to representation receive effective representation.
Proposed § 679.320(i) explains that all required board members must have voting privileges and that the CEO may give voting privileges to non-required members. Voting rights allow the required board members to have an effect on the Local Board's key decisions and initiatives. This will enable the required board members to effectively represent the individuals and organizations of their communities.
Proposed § 679.330 affirms that the Local Board must elect a chairperson from the business representatives on the Local Board. This proposed section retains the same requirements found at 20 CFR 661.320.
Proposed § 679.120 explains what is meant by "optimum policy-making authority" and "demonstrated experience and expertise" for members of the Local Board under sec. 107(b)(5) of WIOA. Proposed paragraph (a) defines an individual with "optimum policy-making authority" as someone who can reasonably be expected to speak affirmatively on behalf of the entity he or she represents and to commit that entity to a chosen course of action. In order for the decisions of the board to have the greatest possible impact, all board members must be able to speak authoritatively when committing their organization to a decided course of action.
Proposed paragraphs (b)(1) through (3) define the qualifications that satisfy the "experience and expertise" requirement for Local Board members. The CEO has a duty to appoint only those board members that have the skills and practical knowledge to contribute fully to the strategic vision of the local area's workforce system.
Proposed § 679.350 affirms that the CEO appoints the Local Board in accordance with the criteria in WIOA sec. 107(b) and applicable State criteria. This proposed section retains the same requirements found at 20 CFR 661.325.
Proposed § 679.360 establishes the roles and responsibilities of standing committees within the Local Board structure. Such committees were not legislated in the past, are optional under WIOA, and may be used to assist the Local Board in carrying out its responsibilities as outlined in WIOA sec. 107. The Department encourages the use of standing committees to expand opportunities for stakeholders to participate in board decision-making, particularly for representatives of organizations that may no longer sit on the Local Board but continue to have a stake in the success of board decisions. Such committees also expand the capacity of the board in meeting required functions.
Proposed paragraph (a) expressly authorizes Local Boards to establish standing committees that include individuals who are not formal members of the board, but who have expertise to advise on issues that support the board's ability to attain the goals of the State, local and regional plans, and the objective of providing customer-focused services to individuals and businesses. The subpart provides examples of areas where standing committees may be particularly beneficial, including serving targeted groups of customers such as individuals with disabilities and youth, and addressing one-stop system issues.
Proposed paragraph (b) provides for Local Board discretion in terms of what kinds of standing committees, in any, the Local Board creates.
Proposed paragraph (c) allows Local Boards to designate an entity in existence on the date that WIOA was enacted, such as an effective youth council, to fulfill the requirements of a standing committee as long as the entity meets the requirements outlined in paragraph (a).
Proposed § 679.370 provides the functions of the Local Boards as enumerated in statute. Under WIOA, the Local Board, in partnership with the CEO, must perform a variety of functions to support the local workforce system. Many of these functions have been expanded and enhanced under WIOA. Proposed § 661.305(a), (c), (d), (g), (h), (j), (o), and (p) reiterate the relevant statutory requirements at WIOA secs. 107(d)(1) through (3), (6), (7), (9), (12), and (13); no further discussion of these provisions is provided below.
Proposed paragraph (b) discusses a new role for Local Boards that are part of a planning region that includes multiple local areas. This regulation repeats the new statutory requirement that Local Boards that are part of a planning region must develop and submit a regional plan in collaboration with the other Local Boards in the region. Under WIOA, the local plan is incorporated into the regional plan, where required, in accordance with § 679.540.
Proposed paragraph (e) explains the role of the Local Boards in engaging employers, promoting business representation on the board, and developing and implementing proven or promising strategies for meeting the needs of employers and workers (like industry or sector partnerships) and providing linkages and coordination among employers and the workforce system. It enhances the Local Board's role in engaging employers beyond what was required by WIA by requiring the board to develop and implement promising strategies for meeting the employment skill needs of workers and employers. Engaging employers presents an opportunity to meet the local area's labor market and workforce development needs and connect customers seeking jobs or career advancement to greater employment prospects.
Proposed paragraph (f) requires the Local Board to connect with representatives of secondary and post-secondary education programs in the local area in order to develop and implement career pathways. This regulation supports the statute's focus on career pathways.
Proposed paragraph (i) enhances the oversight role of the Local Board beyond what was required in WIA. It requires the Local Board to conduct oversight, in partnership with the CEO, of the use and management of funds, including Start Printed Page 20707ensuring the appropriate management and investment of funds to maximize performance outcomes under WIOA sec. 116.
Proposed paragraph (k) requires that the Local Board must negotiate with CLEO and required partners on the methods for funding the infrastructure costs of one-stop centers in the local area in accordance with § 678.715. This provision ensures each partner in the one-stop system is provided resources equitably.
Proposed paragraph (l) also expands and enhances the Local Board's role in the selection of eligible service providers in the local area which must be conducted consistent with 2 CFR part 200. The regulation maintains the board's role in the identification of eligible providers of youth workforce investment activities, but now requires, consistent with WIOA sec. 107(d)(10)(B), that this identification be accomplished through the award of grants or contracts on a competitive basis. It also adds that the recommendations of the youth standing committee, if one is established, must be taken into account. It also indicates that the Local Board must identify eligible providers of career services through the award of contracts, if the one-stop operator does not provide such services. This provision does not impact those services provided by State merit staff. The final proposed expansion in this subpart is the requirement that Local Boards select one-stop operators through the competitive process described in §§ 678.600 through 678.635.
Proposed paragraph (m) describes the requirement that the Local Board work with the State to ensure that there are sufficient numbers and types of providers of career and training services in the local area so that consumer choice and opportunities for employment for individuals with disabilities are maximized.
Proposed paragraph (n) reflects a number of new functions for the Local Board related to coordination with adult education and literacy providers in the local area. The regulation requires the Local Board to review applications to provide adult education and literacy activities under title II to determine whether such applications are consistent with the local plan. It also requires the board to make recommendations to the eligible agency to promote alignment with the local plan. Further information regarding Local Board coordination with adult education and literacy providers is provided at 34 CFR 463 which requires the eligible agency to establish in its competition, a processes by which applicants must submit an application to the Local Board for review prior to its submission to the eligible agency. This subpart also includes a role for the board in replicating and implementing cooperative agreements in accordance with subparagraph (B) of sec. 101(a)(11) of the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)), and implementing cooperative agreements in accordance with that section with the local agencies administering plans under title I of that Act (29 U.S.C. 720 et seq.) (other than sec. 112 or part C of that title (29 U.S.C. 732, 741) to enhance the provision of services to individuals with disabilities and other individuals.
Proposed paragraph (q) requires the Local Board to certify one-stop centers in accordance with § 662.600.
Proposed § 679.380 describes how the Local Board satisfies the consumer choice requirements for career services and training services. While WIA required the Local Board to maximize consumer choice for training services, consumer choice for career services is a new requirement under WIOA. Clarification of the board's role will minimize confusion for one-stop managers and frontline staff.
Proposed paragraphs (a)(1) through (3) describe the process of how the Local Board assists the State Board in identifying providers, ensures a sufficient number of providers, and provides performance and cost information through the one-stop system.
Proposed paragraphs (b)(2)(i) and (ii) describe how the Local Board satisfies the requirement to provide consumer choice for career services. In general, the Local Board must decide which services are best provided by the one-stop operator and which services may require a contracted provider. Furthermore, these paragraphs require the board to identify a wide range of services based on the needs in the local area with special attention to services for individuals with disabilities and literacy services. Requiring the board to identify a wide array of potential career service providers, while still allowing the board to ultimately determine the career service providers, balances board flexibility and customer choice. There is no requirement to provide customers with a choice of providers for a given career service.
Proposed § 679.390 maintains the Local Board's requirement to conduct business in an open manner, but expands on the scope of what the public must be made aware of and requires that information be shared by electronic means as well as through open meetings as provided for in WIOA sec. 107(e). These new requirements facilitate the transparent functioning of the board and contribute to smoother board operations. This can only be accomplished by each Local Board member actively participating during Local Board meetings, and by developing effective by-laws that outline the nomination process, which includes steps for a prompt nominee during a vacancy, term limitations, and encourage the use of technology and active participation.
Proposed § 679.400 describes the Local Board's authority to hire staff and the appropriate roles for board staff. This proposal clarifies and differentiates the staff's role and requires the Local Board to hire only qualified staff.
Proposed paragraph (a) authorizes the board to hire a director and other staff. The volunteer board may not have the capacity to fulfill the required board functions at WIOA sec. 107(d). Board support ensures these functions are achieved.
Proposed paragraph (b) requires the board to apply objective qualifications to the board director. It is in the best interest of the public workforce system to ensure the director of the board is competent and experienced with workforce programs and service delivery.
Proposed paragraph (c) limits the board staff's role to assisting the board fulfill the functions at WIOA sec. 107(d) unless the entity selected to staff the board enters into a written agreement with the board and CEO as noted in paragraph (e) and described more fully in § 679.430 of this part. The reasons that the Department proposes to require a written agreement if the staff provide functions outside of those in WIOA sec. 107(d) are discussed in the preamble to § 679.430 of this part.
Proposed paragraph (d) requires Local Boards that elect to hire a director to establish objective qualifications to ensure that the selected candidate possesses the knowledge and skills to Start Printed Page 20708assist the board in carrying out its functions.
Proposed paragraph (e) limits the payment of the Local Board director and board staff to the basic pay rate for level II of the Executive Schedule under sec. 5313 of title 5, U.S.C. This requirement ensures that board staff are compensated at a reasonable level.
Proposed § 679.410 explains the situations in which the Local Board may directly act as a one-stop operator, a provider of career services or training services. Proposed § 679.410(a)(1)(i) and (ii) establishes that a Local Board may act as a one-stop operator where a Local Board successfully participates in a competition or if the board meets the criteria for sole source procurement. Under both circumstances, as required by proposed § 679.410(a)(2), implementing WIOA sec. 107(g)(2), the Governor and CEO must agree to such selection. This clarifies the interaction between sec. 122(d)(2)(A) of WIOA, which requires that Local Boards select a one-stop operator through a competitive process, and WIOA sec. 107(g)(2), which states that a Local Board can be designated as a one-stop operator only with the agreement of the Governor and CEO in the local area. One interpretation of sec. 107(g)(2) is that Local Boards, with approval of the Governor and CEO, could be selected as one-stop operators without undergoing a competitive process. However, such a non-competitive selection is only appropriate after a competitive process has been conducted as required by WIOA sec. 122(d)(2)(A). The Department welcomes comments regarding this interpretation.
Proposed § 679.410(a)(3) also requires that where a Local Board acts as a one-stop operator, the State must ensure certification of one-stop centers. Local Boards are required to certify one-stop centers; however, States must fulfill that role when a Local Board acts as a one-stop operator to avoid conflicts of interest with a Local Board certifying its own performance.
Proposed § 679.410(b) provides that a Local Board may act as a provider of career services only with the agreement of the CEO in the local area and the Governor. The Department interprets WIOA sec. 107(g)(2) to operate as a general exception from the requirement that the Local Board award contracts to providers of career services consistent with 2 CFR part 200. A Local Board acting as a direct provider of services is not optimal, as the Local Board is designed to oversee the one-stop system and its services, not provide them. However, unlike the selection of one-stop operators, which are statutorily required to be competitively selected, there is no similarly clear statutory requirement for providers of career services. Therefore, the Department does not propose to require that a competition fail before the Local Board may provide career services.
Proposed 679.410(c) specifies that a Local Board is prohibited from providing training services unless the Governor grants a waiver in accordance with WIOA sec. 107(g)(1). Proposed § 679.410(c)(1) requires the State to develop a procedure to review waiver requests received from Local Boards and the limitations of the waiver that incorporates the criteria listed at WIOA sec. 107(g)(1)(B)(i). While WIA contained provisions for a similar waiver, it did not include any such criteria. The intent of this waiver is to provide the option for Local Boards to provide training services in extenuating circumstances only, such as rural areas with limited training providers. A formal procedure facilitates transparency and clarity regarding the criteria for the training waiver and ensures that any Local Board that applies is subject to the same criteria. Furthermore, the new criteria underscore that the waiver is not appropriate for local areas that have a robust network of training providers.
Proposed § 679.410(c) indicates that the local area must make the request to be designated as a training provider available through public comment for a period of 30 days or more and include those comments in the local area's final request to the State. The proposed section also outlines the timeline for approval and Governor's authority to revoke a waiver if the Governor determines it is no longer needed or the Local Board demonstrates a pattern of inappropriate referrals. This proposed section helps ensure that the local area is acting in good faith when asserting that there are insufficient providers in the local area and protects against a conflict of interest.
Proposed § 679.410(d) affirms that the general prohibitions that apply to Local Boards directly providing career services or training services also apply to board staff.
Proposed § 679.420 describes the role of the local fiscal agent when the CEO in a local area elects to designate a fiscal agent. While the term `fiscal agent' was widely used under WIA, the term was never defined, which led to inconsistent understanding of their role and function throughout the workforce system. This section clarifies the role of a fiscal agent to create a common understanding of that role.
Proposed paragraph (a) describes that the CEO or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local fiscal agent.
Proposed paragraph (b) provides a list of the key functions of a fiscal agent. The appropriate role of fiscal agent is limited to accounting and funds management functions rather than policy or service delivery. Proposed fiscal agent functions include those listed in paragraphs (b)(1) through (6) and (c) provide additional potential functions for single State areas. The Department requests comment from State and local stakeholders regarding appropriate functions for a fiscal agent.
Proposed § 679.430 clarifies how entities performing multiple functions in a local area demonstrate internal controls and prevent conflict of interest. This proposed provision requires a written agreement with the Local Board and CEO when a single entity operates in more than one of the following roles: Local fiscal agent, Local Board staff, one-stop operator, or direct provider of career services or training services. The proposed paragraph clarifies how the organization will carry out its responsibilities while demonstrating compliance with WIOA and corresponding regulations, relevant OMB circulars, and the State's conflict of interest policy. While it may be appropriate in some instances for a single organization to fulfill multiple roles, a written agreement between the Local Board, CEO, and the organization fulfilling multiple roles is the best method to limit conflict of interest or the appearance of conflict of interest, minimize fiscal risk, and develop appropriate firewalls within a single entity performing multiple functions.
WIOA provides designated regions and local workforce areas the responsibility and opportunity to develop employment and training systems tailored specifically to regional economies. These systems must meet the needs of the full range of learners and workers, including those with Start Printed Page 20709barriers to employment. The system must also address the specific needs of regional employers and the skills they require. WIOA requires the Local Board, in partnership with the CEO, to submit a local plan to the Governor. If the local area is part of a planning region, the Local Board will submit its local plan as part of the regional plan and will not submit a separate local plan. The local or regional plan provides the framework for local areas to define how their workforce development systems will achieve the purposes of WIOA. The regional or local plans serve as 4-year action plans to develop, align, and integrate the region and local area's job-driven workforce development systems, and provides the platform to achieve the local area's visions and strategic and operational goals. Since the local plan is only as effective as the partnerships that operationalize it, it must represent a collaborative process among local elected officials, boards, and required and other partners (including economic development, education, and private sector partners) to create a shared understanding of the local area's workforce investment needs, a shared vision of how the workforce investment system can be designed to meet those needs, and agreement on the key strategies to realize this vision.
Proposed § 679.500 describes the purpose of the regional and local plans. Proposed § 679.500(a)(1) through (4) explain that the local plan is the primary vehicle for communicating the Local Board's vision for the local workforce system and aligning and integrating local service delivery across Federal programs in a region to foster better alignment of Federal investments in job training, integrate service delivery across programs, and ensure that the workforce system is job-driven and matches employers with skilled individuals. Proposed § 679.500(b) clarifies that when a State-designated region encompasses two or more local areas, the regional plan must meet the purposes of the local plan and coordinate resources across the region and across local areas. This approach is intended to align resources between multiple Local Boards.
Proposed §§ 679.510, 679.520, and 679.530 describe the required contents of the regional plan, the approval process, and when the regional plan must be modified. While sec. 106(c) of WIOA clearly describes the required contents of the regional plan, it provides less detail about the approval and modification process, saying only that officials in the planning region must "prepare, submit, and obtain approval" of the plan. Because the local plan is a component of the regional plan, the Department has decided to apply the approval and modification requirements, including the requirement to seek public comment and sunshine provision, to the regional plan.
Proposed § 679.510 implements sec. 106(c) of WIOA and describes the State and local requirements for regional planning. Proposed § 679.510(a)(1) requires Local Boards and CEOs to participate in a regional planning process. In some instances, where a single local workforce development area comprises a region, the local area will carry out its planning in this context.
Proposed § 679.510(a)(2) describes the regional plan contents and submission process. The Local Boards and CEOs must submit a regional plan to the Governor for approval that includes the activities listed at proposed § 679.510(a)(1) and incorporates the local plans developed for each local area. Local areas are not required to submit an additional local plan outside of the regional planning process. The coordination required for regional planning is an effective method for local areas to identify areas of efficiency, coordinate effective practices, and streamline service delivery. While the regional plan requires coordination of local performance negotiations with the State, each CEO, as required by § 677.210(b) and (c) will negotiate performance goals with the State and will remain ultimately responsible for ensuring that the local area meets or exceeds those goals.
Proposed § 679.510(b) requires Local Boards to make the regional plan available for comment before submitting the plan to the Governor and describes the steps necessary to ensure adequate public comment. This requirement provides all affected entities and the public an opportunity to provide input to inform plan development.
Proposed § 679.510(b)(5) specifically requires the public comment process to be consistent with the `sunshine provisions' at WIOA sec. 107(e), which requires that the Local Boards must make the plan available through electronic means and open meetings. This requirement ensures greater transparency in the planning process, and encourage regions to consider efforts to maximize the transparency and inclusiveness of the process.
Proposed § 679.510(c) requires the State to provide technical assistance and labor market data to facilitate regional planning. Because States possess a broader understanding of labor market information across jurisdictions and tools for analysis that individual local areas may not possess, States have a responsibility to provide and instruct local areas on the effective use of regional labor market information.
Proposed § 679.520 describes the approval of the comprehensive 4-year regional plan. This section requires that the Governor review completed plans and stipulates that unless the Governor determines that any of the conditions described in proposed paragraphs (a) through (c) are met the plan will be considered approved 90 days after submission of the plan to the Governor.
Proposed § 679.530 describes when a regional plan must be modified. Proposed § 679.530(a) requires the Governor to establish procedures governing regional plan modification, which will help ensure that the biannual modification of regional plans is conducted consistently throughout the State.
Proposed § 679.530(b) explains that the Local Boards and appropriate CEOs in the planning region must review the regional plan every 2 years and submit a modification based on significant changes in labor market and economic conditions and other factors including changes to local economic conditions, and any changes in the financing available to support WIOA title I and partner-provided WIOA services. This proposed requirement helps ensure that planning regions use their plans to drive economic development, sector, career pathway, and customer-focused service delivery strategies.
Proposed § 679.540 outlines how local planning requirements are reflected in a regional plan. WIOA is silent on the coordination of the regional and local plan, noting only that the regional plan must "incorporate local plans for each of the local areas in the planning region." The Department has determined that the most appropriate and least burdensome approach to implementing this provision is to incorporate the local plans within the regional plan. In this arrangement, the regional plan is completed in Start Printed Page 20710cooperation with the Local Boards and CEOs in a planning region, per § 679.510(a). Each individual Local Board and CEO will respond to the local planning requirements at § 679.560(b) through (e) individually. The Local Boards and CEOs in a planning region must cooperate to develop a common response to the local planning requirements that discuss regional labor market information, as required by § 679.540(a), and any other appropriate requirements permitted by the Governor per § 679.540(b). When these activities are completed, the planning region submits one regional plan to the Governor that includes the common discussion of regional labor market information and other requirements as required by the Governor, as well as each local plan in a single document.
Proposed § 679.540(a) requires regional plans to include the items identified in §§ 679.510 and 679.560, which implement secs. 106(c)(1) and 108(b) of WIOA.
Proposed § 679.540(b) specifies the Governor may issue regional planning guidance that allows local areas to provide a common response to any local requirements it deems as a shared regional responsibility, which may include regional economic analysis. The Department recognizes there are many planning requirements and encourages Governors to minimize the individual local area burden by reducing duplication and encouraging a coordinated service delivery strategy.
Proposed § 679.550 explains the requirements for the development of the local plan. This section emphasizes the importance of collaboration and transparency in the development and submission of the local plan and subsequent modifications.
Proposed § 679.550(a) implements sec. 108(a) of WIOA and describes the general requirements for the preparation and content of the local plan.
Proposed § 679.550(b) requires Local Boards to make the local plan available for comment before submitting the plan to the Governor and describes the steps necessary to ensure adequate public comment. This requirement provides all affected entities and the public an opportunity to provide input to inform plan development. This section implements sec. 108(d) of WIOA.
Proposed § 679.550(b)(5) requires the public comment process to be consistent with the `sunshine provisions' at WIOA sec. 107(e) and proposed § 679.390 and that the Local Board must make the plan available through electronic means and in open meetings. This requirement ensures transparency to the public. This provision implements sec. 107(e) of WIOA.
Proposed § 679.560, consistent with sec. 108(b) of WIOA, explains what information must be included in the local plan. These requirements set the foundation for WIOA principles, by fostering strategic alignment, improving service integration, and ensuring that the workforce system is industry-relevant, responding to the economic needs of the local workforce development area and matching employers with skilled workers. In addressing these planning requirements, boards engage strategic partners to develop and implement regionally aligned workforce development priorities and streamlined service delivery. Local and regional planning also is expected to lead to greater efficiencies by reducing duplication and maximizing financial and human resources. WIOA significantly expands the content requirements for the local plan.
Proposed § 679.560(a)(1) specifies that the local plan must meet the requirements of WIOA sec. 108(b)(1). Of relevance to this section, the use of economic and labor market information ensures that the local strategies are based on a thorough understanding of the economic opportunities and workforce needs of the region, and inform the alignment of strategies to the best interests of job seekers and employers with the economic future of the State. Similarly, the contents of the plan must include an analysis of the workforce development activities in the region, including an analysis of the strengths and weaknesses of such services to address the identified education and skill needs of the workforce and employment needs in the region. A thorough assessment of the best available information or evidence of effectiveness and performance information for specific service models in the region, as well as a plan to improve the effectiveness of such programs by adopting proven or promising practices, is an important part of this assessment and strategic vision. In addition, the regional analyses described in this proposed section may be conducted in cooperation with the other local areas in a local planning region as part of the regional planning requirements described at § 661.290 and must not be conducted by each local area.
Proposed § 679.560(a)(1)(iii), consistent with sec. 108(c) of WIOA permits local areas to use an existing analysis to meet the requirements in § 679.560(a).
Proposed § 679.560(b) outlines the required contents of the local plan that are required by secs. 108(b)(2)-(21) of WIOA to ensure that a local plan presents a comprehensive, customer-focused, and actionable service delivery strategy. This section emphasizes alignment and coordination to a greater extent than that required by WIA. Except where noted, the requirements outlined in § 679.560(b)(2) through (21) simply reiterate the statutory requirements without additional explanation.
Proposed § 679.560(b)(2) requires elaboration on the strategies for alignment by requiring that the Local Board describe how such alignment will improve access to services and to activities that lead to a recognized post-secondary credential. Proposed § 679.560(b)(2)(ii) explains that the Local Board must describe how they will work with entities carrying out core programs to facilitate the development of career pathways and co-enrollment, as appropriate, in core programs. Co-enrollment allows partners to leverage resources, while providing a more comprehensive service delivery strategy that meets the needs of customers with several barriers to employment. Additionally, coordination of services in a customer-focused manner minimizes the possibility of subsequent reentry into the public workforce system in cases where needed services were not provided or possible barriers not addressed.
Proposed § 679.560(b)(4) explains that the Local Board must describe how they will coordinate local workforce investment activities with regional economic development activities that are carried out in the local area and how the Local Board will promote entrepreneurial skills training and microenterprise services. Alignment between the public workforce system and local economic development activities is critical in order to identify and fulfill industry talent needs by training customers for emerging and in-demand job skills. Furthermore, microenterprise services refers to training for the purposes of self-employment. This training strategy may be appropriate for individuals or participants with multiple barriers to employment, including persons with disabilities.
Proposed § 679.560(b)(5) focuses on the delivery of services through the one-stop delivery system in the local area Start Printed Page 20711and requires descriptions regarding how the Local Board will ensure the continuous improvement of eligible providers of services, including through the promotion of proven and promising approaches and evaluation; how the Local Board will facilitate access to services, including in remote areas, through the use of technology and other means; how entities within the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with WIOA sec. 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) regarding physical and programmatic accessibility; and the roles and resource contributions of the one-stop partners. WIOA, and the corresponding regulations at § 678.420, establishes the roles of one-stop partners. These include providing access to the partner's programs through the one-stop system; making program funds available to maintain the one-stop delivery system, including infrastructure costs; providing applicable career services; entering into a MOU with the Local Board regarding one-stop operation; ongoing participation in the one-stop system; and providing representation on State and Local Workforce development boards as required and Board committees as needed. Additionally, one-stop partners are responsible for sharing infrastructure and career services costs. Documenting how one-stop partners will manage their shared roles and contribute to the funding of the one-stop in the local plan increases accountability and transparency.
Proposed § 679.560(b)(6) through (11) focus on coordination activities for improving services and avoiding duplication. Proposed § 679.560(b)(11) reflects a new statutory requirement not contained in WIA that the local plan include plans, assurances and strategies for maximizing coordination with Wagner-Peyser Act services and other services provided through the one-stop system.
Proposed § 679.560(b)(12) and (13) are also new requirements under WIOA. Proposed § 679.560(b)(12) speaks to coordination with adult education and literacy activities under title II of WIOA and requires a description of how the Local Board will carry out the review of local applications submitted under title II. Proposed § 679.560(b)(13) is intended to enhance the provision of services to individuals with disabilities through cooperative agreements, as defined in WIOA sec. 107(d)(11), and other collaborative efforts between the Local Board and the local VR entity. All such collaborative efforts must be described in the local plan.
Proposed § 679.560(b)(16) requires the Local Board to include local levels of performance that the board has negotiated with the Governor in the local plan. Additionally, this section proposes that the local plan must include the standards, process, or performance measures that the Local Board will use to evaluate the performance of the local fiscal agent where the CEO has designated such an entity. These proposed requirements increase transparency and public accountability, while helping ensure the Local Board has the information it needs to ensure sustained fiscal integrity of public funds.
Proposed § 679.560(b)(19) maintains the requirement that the local plan include a description of the process used by the Local Board to provide for public input into the development of the plan and for public comment on the completed plan prior to its submission. Unlike WIA, this regulation identifies the 30-day timeframe for public comment prior to submission of the plan.
Proposed § 679.560(b)(20), new to WIOA, requires a description of how the one-stop centers are implementing and transitioning to an integrated, technology-enabled intake and case management information system for programs carried out under WIOA and by one-stop partners.
Proposed § 679.560(b)(21) requires that the plan include the process by which priority of service must be applied by the one-stop operator, but also clarifies that such priority is for adult career and training services and must be given to recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient. The Department is proposing to include this requirement under the authority to require additional reporting, recordkeeping, and investigations. Including the priority service policy in the local plan will help ensure a more uniform application of the policy throughout the local area.
As permitted by sec. 108(b)(22) of WIOA, proposed § 679.560(c) requires that the plan include any additional information required by the Governor.
Proposed § 679.560(d) recommends that the local plan identify the portions of the local plan that the Governor has designated as appropriate for common response among all local areas in a planning region, as per the regulations at 20 CFR 679.540.
Proposed § 679.560(e) reflects the requirement in WIOA sec. 108(e) that any comments submitted during the public comment period that represent disagreement with the plan must be submitted with the local plan.
Proposed § 679.580(a) requires the Governor to establish procedures governing local plan review and modification to ensure that the biannual review and modification of local plans is conducted consistently throughout the State.
Proposed § 679.580(b) explains that the Local Board and appropriate CEOs must review the local plan every 2 years and submit a modification as needed, based on significant changes in labor market and economic conditions and other factors including changes to local economic conditions, changes in the financing available to support WIOA title I and partner-provided WIOA services, changes to the Local Board structure, or a need to revise strategies to meet performance goals. This requirement is consistent with WIOA sec. 108(a). This proposed requirement helps ensure that local areas use their plans to drive service delivery strategies and the activities the local area is performing remains consistent with the plan.
Proposed § 679.570 describes the approval of the comprehensive 4-year local plan. Proposed § 679.570(a) requires that the Governor review completed plans and stipulates that unless the Governor determines that the conditions described in paragraphs (a)(1) through (3) are met the plan will be considered approved 90 days after submission of the plan to the Governor. This section implements sec. 108(e) of WIOA.
Proposed § 679.570(b) outlines the processes, roles, and responsibilities for situations in which the State is a single local area. Proposed § 679.570(b)(1) clarifies the State must incorporate the local plan in the State's Unified or Combined State Plan submitted to DOL. Proposed § 679.570(b)(2) states that the Secretary of Labor will perform the roles assigned to the Governor as they relate to local planning activities. Proposed § 679.570(b)(3) indicates the Secretary of Labor will issue planning guidance for single area States. This section implements sec. 106(d) of WIOA.
The Department recognizes that the development of the local plan is dependent on several other essential State and local WIOA implementation activities and that local areas may not be Start Printed Page 20712able to respond fully to each of the required elements of the local plan in the timeframe provided. The Department seeks comment on the scope of the challenges local areas may face regarding regional and local planning, and potential actions that the Department can take to help local areas address these challenges.
This subpart describes the statutory and regulatory waiver authority provided by WIOA sec. 189(i), and the requirements for submitting a Workforce Flexibility Plan under WIOA sec. 190. WIOA provides States the flexibility to request a waiver of program requirements in order to implement new strategic goals for the improvement of the statewide workforce development system and to provide better customer service in exchange for accountability for expected programmatic outcomes. A Workforce Flexibility plan provides additional flexibility to the State. In general, a State with an approved Workforce Flexibility plan is given the authority to identify local level provisions to waive without further approval from the Secretary of Labor to achieve outcomes specified in the plan.
A description of what provisions of WIOA and Wagner-Peyser may and may not be waived is included, along with an explanation of the procedures for requesting a waiver. The subpart also describes what may and may not be waived under a Workforce Flexibility Plan, and the procedures for obtaining approval of a plan. The WIOA requirements for obtaining approval for a waiver or Workforce Flexibility Plan are similar to those in WIA secs. 189(i) and 192, respectively; therefore, many of the proposed regulations are the same as the regulations implementing WIA.
Proposed § 679.600(a) explains that the purpose of the general statutory and regulatory waiver authority, provided under WIOA sec. 189(i)(3), is to provide flexibility to States and local areas to enhance their ability to improve the statewide workforce investment system to carry out WIOA's goals and purposes.
Proposed § 679.600(b) explains that a waiver may be requested to address impediments to a strategic plan that is consistent with the purposes of title I of WIOA, which are identified at § 675.100(a) through (h).
Proposed § 679.610(a) implements WIOA sec. 189(i)(3)(A)(i), and explains that the Secretary may waive for a State or local area any of the statutory or regulatory requirements of WIOA title I, subtitles A, B, and E, except for the requirements listed in paragraphs (a)(1) through (12). As noted in this section, the purposes of title I of WIOA are described at 20 CFR 675.100(a) through (h). The Department will provide examples of requirements that it will not waive in subsequently issued guidance.
Proposed § 679.610(b) follows WIOA sec. 189(i)(3)(A)(ii), and explains that the Secretary may waive the statutory or regulatory requirements of Wagner-Peyser secs. 8 through 10, except for the requirements listed in paragraphs (b)(1) and (2).
Proposed § 679.620(a) through (f) implements WIOA sec. 189(i)(3) and describes the conditions under which a Governor may request, and the Secretary may approve a waiver of statutory or regulatory requirements.
Proposed § 679.620(a) explains that the Secretary will issue guidelines on waiving WIOA and Wagner-Peyser requirements. States will be required to follow the Secretary's guidelines, which supplement the requirements listed in 20 CFR 679.600 through 679.620. The guidelines will be issued contemporaneously with State planning guidance. This proposed section retains the same requirements found at 20 CFR 661.420(f).
Proposed § 679.620(b) explains that the Governor may request a general waiver in consultation with the appropriate CEOs by submitting a waiver plan which accompanies the State's WIOA 4-year Unified or Combined State Plan, 2-year modification, or by directly submitting a waiver plan at any time after a State's WIOA Plan is approved. This approach is consistent with WIOA secs. 102 and 103, which require the State to submit either a 4-year Unified or Combined State Plan.
Proposed § 679.620(c) explains that a Governor's waiver request may seek waivers for the entire State or for one or more local areas within the State. This proposed section retains the same requirements found at 20 CFR 661.420(b).
Proposed § 679.620(d) lists the required components of a waiver plan for the improvement of the statewide workforce development system and includes the requirements of WIOA sec. 189(i)(3)(B). Specifically, the plan must identify the statutory or regulatory requirements that are requested to be waived, and the goals that the State or local area intend to achieve as a result of the waiver. The plan must also describe the actions that the State or local area has taken to remove State or local statutory or regulatory barriers; the goals of the waiver and the expected programmatic outcomes if the waiver is granted; the individuals affected by the waiver; and the processes used to monitor the progress in implementing the waiver, provide notice to any Local Board affected by the waiver, and provide any Local Board affected by the waiver an opportunity to comment on the request.
Proposed § 679.620(d)(1) requires that the waiver plan explain how the goals of the waiver relate to the Unified or Combined State Plan. Waivers must support State strategies as enumerated in the State Plan. Waivers are not separate or detached from the Unified or Combined State Plan: An approved waiver constitutes a modification of the State Plan.
Additionally, as required by § 679.620(d)(4), the waiver plan must describe how the waiver will align with the Department's priorities, such as supporting employer engagement, connecting education and training strategies, supporting work-based learning, and improving job and career results. The Department's priorities may change and evolve to reflect major changes in the economy, changes in the needs of the workforce, and new developments in service strategy approaches. This new requirement ensures that the Department is issuing waivers that align with and help achieve the priorities of the Department. As noted in § 679.620(d)(4)(v), a more complete list of current priorities will be articulated in future guidance.
Proposed § 679.620(d)(5) requires the waiver plan to generally describe the individuals affected by the proposed waiver. This section specifically requires that the plan describe how the waiver will impact services for disadvantaged populations and individuals with multiple barriers to employment. One of the primary purposes of WIOA is to increase and enhance education, employment, and Start Printed Page 20713training opportunities for individuals with barriers to employment, including low-income individuals, individuals with disabilities, the Native American population, and the other groups identified in sec. 3(24) of the Act. The Department has added this specific requirement to ensure that the State, as part of its waiver request, considers the employment and training needs of these groups and how the proposed waiver would affect these populations.
An additional requirement at proposed § 679.620(d)(6)(iv) is that the plan must describe the processes used to ensure meaningful public comment, including comment by business and organized labor. This requirement was included to ensure as transparent a process as possible, to make sure that the public is given an opportunity to voice their concerns or support of potential changes in the public workforce system, while the Governor is afforded an opportunity to reflect on the opinions of the public before proceeding with a waiver request. This proposed section retains the same requirements found at 20 CFR 661.420(c)(5)(iv).
The Governor must also describe, per § 679.620(d)(6)(v), the process used to collect and report information about the goals and outcomes achieved under the waiver plan in the State's WIOA Annual Report. The Department approves waivers in order to assist States and local areas in achieving goals and outcomes that will improve the statewide workforce development system. This collection and reporting requirement holds States accountable for the goals and outcomes to be achieved with the approved waivers and provides a regular and public assessment of the effectiveness of States and local areas in doing so.
Finally, proposed § 679.620(d)(7) explains that if a waiver is up for renewal, the Secretary may require that States provide the most recent data available about the outcomes achieved under the existing waiver. This requirement will ensure that the Department has the most recent, relevant information before deciding whether to renew a waiver. As part of its decision the Department may take other factors into account when deciding to renew or deny a waiver.
Proposed § 679.620(e) specifies that the Secretary will issue a decision on a waiver request within 90 days of the receipt of the waiver, consistent with WIOA sec. 189(i)(3)(C).
Proposed § 679.620(f) implements the requirements of WIOA secs. 189(i)(C)(i) and (ii), and explains that the Secretary will approve a waiver request only to the extent that the Secretary determines that the requirements for which a waiver is requested impede the ability of either the State or local area to implement the State's plan to improve the statewide workforce investment system, and the State has executed a MOU with the Secretary requiring the State to meet, or ensure that the local area meets, agreed-upon outcomes and to implement other appropriate measures to ensure accountability. This section also makes approval of the waiver contingent on the Secretary's determining that the waiver plan meets all of the requirements of WIOA sec. 189(i)(3) and §§ 679.600 through 679.620. This proposed section retains the same requirements found at 20 CFR 661.420(e), except that the statutory reference has changed from sec. 189(i)(4) to sec. 189(i)(3).
Consistent with current practice, proposed § 679.620(g) authorizes the Secretary to approve a waiver for as long as the Secretary determines is appropriate; however, the duration of the waiver may not exceed the duration of a State's current Unified or Combined State Plan. For example, a waiver granted during the third year of the Plan would have to be reconsidered as part of the subsequent plan submission and approval cycle, at the latest. By limiting the duration of the waiver, the Department will be able to ensure that the waiver is consistent with the goals of the State's plan and remains consistent with the priorities of the Department.
Proposed § 679.620(h) gives the Secretary the authority to revoke a State's waiver under certain circumstances. The Secretary has an obligation to oversee the implementation and performance of States under their State plan, including any waivers granted by the Department. As part of this responsibility, the Department proposes to allow the Secretary to revoke a waiver granted under this section if the State fails to meet the agreed upon outcomes and measures, the State fails to comply with the terms and conditions of the MOU or other document that includes the terms and conditions of the waiver, and if the Secretary determines that the waiver no longer meets any of the requirements of §§ 679.600 through 679.620. Limiting the Secretary's authority to revoke to these circumstances balances the State's need for flexibility with the Secretary's duty to oversee the implementation of the waiver.
Proposed § 679.630 describes the conditions under which the Governor may submit a workforce flexibility (work-flex) plan.
Proposed § 679.630(a) includes the requirements of WIOA sec. 190(a), and explains that a State may submit a workforce flexibility plan for approval by the Secretary, under which three categories of statutory or regulatory requirements can be waived.
Proposed § 679.630(a)(1), implementing WIOA sec. 190(a)(1), permits a State to waive any of the statutory or regulatory requirements that are applicable to local areas under WIOA title I (if the local area requests the waiver), except for the requirements listed in proposed paragraphs (a)(1)(i) through (iv). In addition to the statutory exceptions, this proposed section adds the requirement that any of the statutory provisions essential to WIOA's title I purposes cannot be waived.
The second category, described in proposed § 679.630(a)(2), and implementing WIOA sec. 190(a)(2), explains that any of the statutory or regulatory requirements applicable to the State under Wagner-Peyser Act secs. 8 through 10 may be waived, except for requirements listed at § 679.630(a)(2)(i) and (ii). This proposed section retains the same requirements found at 20 CFR 661.430(a)(2).
Proposed § 679.630(a)(3), implementing WIOA sec. 190(a)(3), permits waiver of the statutory or regulatory requirements applicable under the Older Americans Act of 1965 to State agencies on aging with respect to activities carried out using funds allotted under sec. 506(b) of the Older Americans Act, except the for requirements identified at § 679.630(a)(3)(i) through (iv).
Proposed § 679.630(b) explains what States are required to include in their workforce flexibility plan.
Proposed § 679.630(b)(1) and (3) implement the requirements at WIOA sec. 190(b)(1), and specify that a State workforce flexibility plan must include a description of the process by which local areas in the State may submit and obtain State approval of applications for waivers, and the requirements of title I of WIOA that are likely to be waived by the State under the plan.
Proposed § 679.630(b)(2) adds the requirement that the plan include a description of the criteria that the State will use to approve local area waiver requests and how such requests support implementation of the goals identified Start Printed Page 20714in the State plan. These criteria must be addressed in the waiver review process discussed at § 679.630(b)(1). This requirement ensures that all local waiver requests are evaluated consistently by the State.
Proposed § 679.630(b)(4) implements the requirements of WIOA sec. 190(b)(2) and requires a description of the Wagner-Peyser Act secs. 8 through 10 that are proposed for waiver, if any. This proposed section retains the same requirements found at 20 CFR 661.430(c)(3).
Proposed § 679.630(b)(5) implements the requirements of WIOA sec. 190(b)(3) and requires a description of the requirements of the Older Americans Act that are proposed for waiver, if any. This proposed section retains the same requirements found at 20 CFR 661.430(c)(4).
Proposed § 679.630(b)(6) implements the requirements of sec. 190(b)(4) of WIOA by requiring that the plan describe the outcomes to be achieved by the waivers. The section explains that "outcomes" include, when appropriate, revisions to adjusted levels of performance included in the State or local plan under WIOA title I, and a description of the data or other information the State will use to track and assess outcomes. This provision allows the Department to measure more effectively the impact of waivers. For some waivers, it may be difficult to make a direct connection between the waiver and a direct impact on performance; in those instances the State must discuss the impact of a waiver on performance to the extent that the State has available data.
Proposed § 679.630(b)(7) implements WIOA sec. 190(b)(5) and requires that the plan include the measures to be taken to ensure appropriate accountability for Federal funds in connection with the waivers. This proposed section retains the same requirements found at 20 CFR 661.430(b)(6).
Proposed § 679.630(c) explains that a State's workforce flexibility plan may accompany the State's Unified or Combined State Plan, the required 2-year modification of the State's Unified or Combined State Plan, or may be submitted separately as a plan modification. This requirement emphasizes that the State may submit a workforce-flexibility plan at any time.
Proposed § 679.630(d) explains that the Secretary may approve a workforce flexibility plan consistent with a period of approval of the State's Unified or Combined State Plan, and not more than 5 years. For example, if a workflex plan is approved in the third year of a 4-year Unified Plan, the approval would be for the remainder of the period covered by the plan and then would need to be reconsidered as part of the subsequent Unified Plan or Combined Plan. Approving a workforce flexibility plan for the life of a currently approved Unified or Combined State Plan ensures that the waivers granted under the plan are consistent with the strategies outlined in the State Plan. The period of up to 5 years is consistent with sec. 190(c) of WIOA.
Proposed § 679.630(e) implements WIOA sec. 190(d) and requires the State to provide notice and opportunity for comment on the proposed waiver request to all interested parties and the general public before submitting the workforce flexibility plan to the Secretary. This proposed section retains the same requirements found at 20 CFR 661.430(e).
Proposed § 679.630(f) explains that the Secretary will issue guidelines under which States may request designation as a workflex State. This proposed section retains the same requirements found at 20 CFR 661.430(f) and notes that the Secretary's guidelines may include requirements for a State to implement an evaluation of the impact of work-flex in that State.
Proposed § 679.640 explains the limitations that apply to the State's Workforce Flexibility Plan authority under WIOA.
Proposed § 679.640(a)(1) specifies that under work-flex waiver authority, a State must not waive WIOA, Wagner-Peyser Act, or Older Americans Act requirements which are excepted from the work-flex waiver authority and described in § 679.630(a). This proposed section retains the same requirements found at 20 CFR 661.440(a)(1).
Proposed § 679.640(a)(2) explains that requests to waive title I of WIOA requirements that are applicable at the State level may not be granted under work-flex waiver authority granted to a State. These requests may only be granted by the Secretary under the general waiver authority which is described at §§ 679.610 through 679.620. The Department included this provision to emphasize that work-flex waivers are issued under separate authority than general waivers, and that States may not use work-flex waiver authority as a substitute for the general State-level waivers available under sec. 189(i)(3). This proposed section retains the same requirements found at 20 CFR 661.440(a)(2).
Proposed § 679.640(b) expands on § 679.630(b)(6) by explaining that once approved the Secretary may terminate a work-flex designation if the State fails to meet agreed-upon outcomes or the terms and conditions contained in its workforce flexibility plan. The Department included this provision to emphasize that the Department reserves the authority to terminate a workflex plan if a State is not meeting the terms and conditions agreed to between the Department and the State, including the relevant performance outcomes.
In this part of the proposed rule, the Department describes requirements relating to the services that are available for adults and dislocated workers under WIOA. Adult services are provided to job seekers who are at least 18 years old; the statute and the proposed rule, in providing for such services, establish a priority for serving low-income individuals, participants on public assistance, and individuals lacking basic work skills. Dislocated worker services are targeted for workers who are unemployed and have lost a job, through no fault of their own, sometimes through mass layoffs that happen during the business cycle. The goal of these services is to provide for the return of these individuals to quality employment. Dislocated workers generally include an individual who:
Has been terminated or laid off, or has received a notice of termination or layoff from employment;
Is eligible for or has exhausted entitlement to UC or has been employed for a duration sufficient to demonstrate attachment to the workforce but is not eligible for UC due to insufficient earnings or works for an employer not covered under State UC law; and
Is unlikely to return to a previous industry or occupation.
Under WIOA, adults and dislocated workers may access career services and training services. WIOA provides for a workforce system that is universally accessible, customer centered, and training that is job-driven. WIOA will provide for career and training services at the nation's nearly 2,500 one-stop centers. Training is supported through a robust ETPL, comprised of entities with a proven capability of securing participants with quality employment. WIOA also provides enhanced access Start Printed Page 20715and flexibility for work-based training options, such as OJT, customized training, and incumbent worker training. In this part, the Department also discusses supportive services and needs-related payments that can be provided, based on customer needs, to enable them to participate in WIOA career and training services.
This subpart discusses the role of WIOA adult and dislocated worker services through the one-stop delivery system. The one-stop delivery system is the foundation of the workforce system. The system provides universal access to career services to meet the diverse needs of adults and dislocated workers. The grant recipient(s) for the adult and dislocated worker program is a required partner in the one-stop delivery system and is subject to the required partner responsibilities set forth in § 678.415.
Career and training services, tailored to the individual needs of jobseekers, form the backbone of the one-stop delivery system. While some jobseekers may only need self-service or other basic career services like job listings, labor market information, labor exchange services or information about other services, some jobseekers will need services that are more comprehensive and tailored to their individual career needs. These services may include comprehensive skills assessments, career planning, and development of an individual employment plan that outlines the needs and goal of successful employment. Under WIA, career services were identified as core and intensive services and generally participants would go through each level of service in order to eventually receive training. WIOA clarifies that individuals receiving services in the one-stop centers must receive the service that is needed to assist the individual to meet his or her job search goals, and does not need to follow a fixed sequence of services that may not be necessary to effectively serve the individual.
Under WIOA, the Department proposes to classify career services into two categories: Basic and individualized career services. This grouping is not designed to create barriers to training, but rather identifies the importance that these two types of career services can have in helping individuals obtain employment. Basic career services must be made available to all job seekers and include services such as labor exchange services, labor market information, job listings, and information on partner programs. Individualized career services identified in WIOA and described in these proposed regulations are to be provided by local areas as appropriate to help individuals to obtain or retain employment.
Under WIA, participants often were required to undergo a sequence of core and intensive services in order to receive training. WIOA clarifies that there is no sequence of service requirement in order to receive training. Training is made available to individuals after an interview, assessment or evaluation determines that the individual requires training to obtain employment or remain employed. Supportive services, including needs-related payments, can be essential to enable individuals to participate in career and training services.
Proposed § 680.100 directs that the one-stop system is the foundational system through which adult and dislocated worker program services are provided to eligible individuals. WIOA merges the categories of core services and intensive services under WIA into the category of career services.
Proposed § 680.110 addresses the important distinction between registration and participation—two separate actions in the process by which adults and dislocated workers seek direct, one-on-one staff assistance from the one-stop system. The distinction is important for recordkeeping and program evaluation purposes. Individuals who are primarily seeking information are not treated as participants and their self-service or informational search requires no registration. When an individual seeks more than minimal assistance from staff in taking the next step towards self-sufficient employment, the person must be registered and eligibility must be determined. To register, as defined in § 675.300, is the point at which information that is used in performance information begins to be collected. Participation is the point at which the individual has been determined eligible for program services and has received or is receiving a WIOA service, such as career services, other than self-service or informational service and is the point at which an individual is to be included in performance calculations for the primary indicators in 20 CFR part 681.
Proposed § 680.110(a) describes the registration process for collecting information to support a determination of eligibility for the WIOA adult and dislocated worker programs. This section explains that registration can be done electronically, through interviews, or through an application. This section proposes to distinguish the term "participation" from registration by providing that participation occurs after IC and eligibility determination, when an individual receives a WIOA service, other than self-service or informational activities.
Proposed § 680.110(b) requires that adults and dislocated workers who receive services other than self-service and informational activities must be registered and considered a participant for WIOA title I services.
Proposed § 680.110(c) maintains the requirement in WIA regulation § 663.105(c) that EO data be collected on every individual who is interested in being considered for WIOA title I financially assisted aid, benefits, services, or training, and who has signified that interest by submitting personal information in response to a request from the service provider.
An individual must be 18 years of age or older to receive career services in the adult program. Priority for individualized career services and training services funded with title I adult funds must be given to low-income adults and public assistance recipients and individuals who are basic skills deficient, in accordance with WIOA sec. 134(c)(3)(E) and proposed § 680.600.
Proposed § 680.130(a) states that an individual must meet the definition of "dislocated worker" in WIOA sec. 3(15) to receive career services in the dislocated worker program.
Proposed § 680.130(b) provides that Governors and Local Boards may develop policies and procedures for one-stop operators to use in determining a dislocated worker's eligibility for career services consistent with the definitions provided in the statute, Start Printed Page 20716regulations and any guidance issued by the Secretary.
Proposed § 680.130(b)(1) and (2) allows for Governors and Local Boards to develop policies and procedures for what constitutes a "general announcement" of a plant closing. These policies and procedures could include policies and procedures for what constitutes a "general announcement" of a plant closing or for what constitutes "unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters" for individuals who are self-employed, including family members and ranch hands.
Proposed § 680.140 describes generally the availability of funds for use in providing services for adult and dislocated workers under title I of WIOA. Local areas have significant flexibility when providing services with adult and dislocated worker funds. In addition to the required career and training services, local areas may use these funds to provide additional job seeker services, business services, as well as facilitate enhanced coordination between other partner programs and entities at the State and local level. Local areas can use these funds to develop new types of technical assistance, develop new intake procedures, test new procurement methods which may lead to better outcomes for jobseekers, and ensure robust services to businesses throughout the workforce system.
Paragraph (a) provides that WIOA title I adult and dislocated worker funds to local areas must be used to provide career and training services through the one-stop delivery system. Local areas have discretion in the appropriate mix of services, but both career and training services must be made available through the one-stop system for provision to eligible individuals served through the system.
Paragraph (b) describes the services that may be provided with WIOA title I adult and dislocated worker funds in local areas.
Subparagraph (b)(1) identifies "Job Seeker Services." These services include customer support activities to help individuals with barriers to employment, training programs for displaced homemakers and individuals training for nontraditional occupations, work support activities for low-wage workers, supportive services and needs-related payments, and providing transitional jobs to individuals with barriers to employment who are chronically unemployed or have an inconsistent work history.
Paragraph (b)(2) identifies "Employer Services." These services include customized screening and referral of qualified participants in training to employers, customized employment-related services to employers, and business services.
Paragraph (b)(3) identifies "Coordination Activities." Coordination is required among training and employment activities under WIOA, child support agencies and services, Department of Agriculture extension programs, facilitating remote access by using technology and the one-stop delivery system, economic development agencies, linkages between the public workforce system and employers and those between the one-stop delivery system and unemployment insurance programs, and organizations that provide services to individuals with disabilities.
Paragraph (b)(4) authorizes local areas to enter into pay-for-performance contracts as part of a training strategy. Local areas may use up to 10 percent of their total adult and dislocated worker funds under this procurement method.
Paragraph (b)(5) provides for technical assistance for one-stop operators, partners, and ETPs regarding the provision of services to individuals with disabilities.
Paragraph (b)(6) provides for local areas to adjust the economic self-sufficiency standards for local areas. Levels of self-sufficiency may vary by local area and the local economy; this flexibility allows local areas to tailor their services in a way that works in their local economy.
Paragraph (b)(7) provides for the implementation of promising services to workers and employers. Local areas can build upon promising practices to improve service delivery to both job seekers and employers.
Paragraph (b)(8) provides for the use of funds for incumbent worker training. Local areas can use up to 20 percent of their combined adult and dislocated worker funds to do incumbent worker training consistent with subpart F of this part.
At a minimum, all of the basic career services described in WIOA sec. 134(c)(2)(A)(i)-(xi) and § 678.430(a) must be provided in each local area through the one-stop delivery system. These services include referrals to partner programs, initial assessments, and labor exchange services.
In addition, services described in WIOA sec. 134(c)(2)(A)(xii) and § 678.430(b), such as career counseling and the development of an individual employment plan, must be made available if appropriate for an individual to obtain or retain employment. These services are categorized as "Individualized Career Services" in § 678.430(b). An individual employment plan is discussed in connection with proposed § 680.180.
Appropriate follow-up services must be made available to a participant placed in unsubsidized employment for a minimum of 12 months following the participant's first date of employment. Follow-up services can be useful for participants in order to maintain employment. One-stop staff can provide workplace information and tips for success in a workplace environment. Additionally, follow-up services provide a continuing link between the participant and workforce system; these services allow the one-stop to assist with other services the participant may need once he or she obtains employment. Examples may include assistance with employer benefits, health insurance, and financial literacy and budgeting assistance.
Proposed § 680.160 explains that career services must be provided through the one-stop delivery system. Career services may be provided by the one-stop operator or through contracts with service providers approved by the Local Board. A Local Board may not be the provider of career services unless it receives a waiver from the Governor and meets other statutory and regulatory conditions.
Proposed § 683.170 defines an internship or work experience as a planned, structured, time-limited learning experience that takes places in a workplace. An internship or work experience may be paid or unpaid, as appropriate. An internship or work experience may be provided in the private for-profit, non-profit, or public sectors. Labor standards apply to any internship or work experience in which an employee/employer relationship exists under applicable law. The Department recognizes the role work experiences and internships play in Start Printed Page 20717helping individuals obtain the skills they need to succeed in the workplace. An internship or work experience for a participant in WIOA is classified as an Individualized Career Service as described in § 678.430(b). Internships and work experiences provide a helpful means for an individual to gain experience that leads to unsubsidized employment.
Proposed § 680.180 explains that an individual employment plan is an individualized career service, as described in § 678.430(b), jointly developed by the participant and career planner, that may be appropriate for an individual. The plan includes an ongoing strategy to identify employment goals, achievement objectives, and an appropriate combination of services for the participant to obtain these goals and objectives. Individual employment plans are one of the most effective ways to serve individuals with barriers to employment, and to coordinate the various services including training services they may need to overcome these barriers.
Training services are discussed at proposed §§ 680.200 through 680.230. WIOA is designed to increase participant access to training services. Training services are provided to equip individuals to enter the workforce and retain employment. Training services may include, for example, occupational skills training, OJT, registered apprenticeship which incorporates both OJT and classroom training, incumbent worker training, pre-apprenticeship training, workplace training with related instruction, training programs operated by the private sector, skill upgrading and retraining, entrepreneurial training, and transitional jobs. Training services are available for individuals who, after interview, evaluation or assessment, and case management are determined to be unlikely or unable to obtain or retain employment that leads to self-sufficiency or higher wages from previous employment through career services alone. The participant must be determined to be in need of training services and to possess the skills and qualifications to successfully participate in the selected program. The Department explains that some participants may need additional services to assist their vocational training, such as job readiness training, literacy activities including English language training, and customized training.
Proposed § 680.200 directs the reader to WIOA sec. 134(c)(3)(D) for a description of available training services. The proposal provides a series of examples that is not all-inclusive.
Proposed § 680.210(a) discusses the process used to determine when and what training services must be made available to an individual. Under WIOA, an individual may receive training services after an interview, evaluation, or assessment, and career planning if the one-stop operator or partner determines the individual is unlikely or unable, by only receiving career services, to retain employment that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment. Additionally, the one-stop operator or partner must also determine that the training the individual receives would result in employment leading to economic self-sufficiency or wages comparable to or higher than wages from previous employment. The one-stop operator or partner must also determine that the individual has the skills and qualifications to successfully participate in and complete the training. Upon a determination that career services are unlikely to obtain these employment outcomes, the individual may be enrolled in training services. The individual should have the skills and qualifications needed to successfully participate in and complete the training services.
Proposed § 680.210(b) requires that individuals, for whom training has been deemed appropriate, select a training program linked to employment opportunities in the local area or in an area to which the individual is willing to commute or relocate. The selection of this training program should be fully informed by the performance of relevant training providers, and individuals must be provided with the performance reports for all training providers who provide a relevant program.
Proposed § 680.210(c) explains that WIOA training services must be provided when other sources of grant assistance are unavailable to the individual.
Proposed § 680.210(d) requires that training services provided under the WIOA adult funding stream must be provided in accordance with the State or Local Board's priority system.
WIOA removed the requirement under WIA that an individual had to receive an intensive service before receiving training services. The proposal explains that, other than an interview, evaluation, or assessment and career planning there is no requirement that additional career services must be provided before an individual enrolls in training. Where an assessment is provided, a previous assessment may be adequate for this purpose. There is no requirement for a sequencing of services under WIOA. If individuals are determined to be in need of training consistent with WIOA sec. 134(c)(3) then they may be placed in training services. The Department encourages the use of individualized career services under § 678.420(b) when appropriate for an individual; an individual employment plan or career counseling informed by local labor market information and training provider performance reports often will be appropriate before an individual receives training services.
Proposed § 680.220(b) requires that the case files for individuals must document the participant eligibility for training services and explain how this determination was made—by interview, evaluation or assessment, career planning, or other career service, such as an individual employment plan. It is important that the one-stop gather enough information, by whatever means, be they through an interview or through career services, to justify the need for training services.
Proposed § 680.230 restates the requirements for coordination with other forms of assistance that apply under WIA. The Department has also added a sentence to § 680.230(a)(2) to reflect the new provision in WIOA sec. 134(c)(3)(B)(iii) that one-stop operators and one-stop partners may take into account the full cost of the training, including the cost of supportive services. The Department encourages program operators to do so.
Proposed § 680.230(a) states that when coordinating other grant assistance the one-stop operator or Start Printed Page 20718partner may take into account the full cost of participating in training services, including the cost of dependent care and transportation and other appropriate costs. Additionally, the one-stop operator or partner must coordinate training funds available and make funding arrangements with one-stop partners and other entities.
Proposed § 680.230(b) states that WIOA participants may enroll in WIOA-funded training while the participant has a Pell Grant application pending as long as the one-stop operator has made arrangements with the training provider and the WIOA participant regarding the award of the Pell Grant. The training provider must reimburse the one-stop operator or partner the amount of the WIOA funds used to pay for the training costs covered by the Pell Grant in the event that one is approved after WIOA-funded training has begun. Reimbursement from the participant for education-related expenses is not required.
Individual Training Accounts (ITAs) are key tools used in the delivery of many training services. The Department seeks to provide maximum flexibility to State and local program operators in managing ITAs. These proposed regulations do not establish the procedures for making payments, restrictions on the duration or amounts of the ITA, or policies regarding exceptions to the limits. The authority to make those decisions resides with the State or Local Boards. The authority that States or Local Boards may use to restrict the duration of ITAs or restrict funding amounts must not be used to establish limits that arbitrarily exclude eligible providers.
Through the one-stop center, individuals will be provided with quality and performance information on providers of training and, with effective career services, case management, and career planning with the ITA as the payment mechanism. ITAs allow participants the opportunity to choose the training provider that best meets their needs. Under WIOA, ITAs can more easily support placing participants into registered apprenticeship programs than under WIA.
Proposed § 680.300 explains that in most circumstances an individual will receive training services through an ITA. An ITA is established on behalf of the participant, where services are purchased from eligible providers selected in consultation with a career planner. Payments may be made through electronic transfers of funds, vouchers, or other appropriate methods. Payments may be made at the beginning of the training program or on an incremental basis; the payment processes must be decided at the local level. As explained in proposed § 680.300, an ITA is used by an individual to access training services from an entity on the State's ETPL. In some circumstances involving work-based training, such as OJT, customized training, registered apprenticeship, incumbent worker training and transitional jobs, the Local Board may contract out the training services. The section allows for a Local Board itself to provide the training services if it receives a waiver from the Governor. Local Boards must coordinate funding for ITAs with funding from other Federal, State, local, or private job training programs or sources to assist individuals in obtaining training services.
Proposed § 680.310 maintains the State and local flexibility to impose limits on ITAs that exists under WIA.
Proposed § 680.320(a) discusses the exceptions to the otherwise required use of an ITA for training. In situations covered by these exceptions, a contract for services may be used to provide for training. The exceptions include:
1. OJT, which could include placing participants in a registered apprenticeship, customized training, incumbent worker training, or transitional jobs.
2. Where a Local Board determines there are an insufficient number of eligible providers in the local area to accomplish the purpose of an ITA. The local plan must describe how this determination was made and the process used for contracting for services. This exception maintains the same language as WIA.
3. If the Local Board determines a CBO or other private organization provides effective training services to individuals with barriers to employment. The Local Board must develop criteria to show that the program is effective.
4. Training for multiple individuals in in-demand industry sectors or occupations, as long as the contract does not limit the individual's consumer choice.
5. Circumstances in which a pay-for-performance contract is appropriate, consistent with § 683.510.
Proposed § 680.320(b) includes the term "individuals with barriers to employment" in place of the term "special participant," as used under WIA. "Individuals with barriers to employment" is broader than "special participants." "Individuals with barriers to employment" includes: Displaced homemakers (see § 680.630); low-income individuals; Indians, Alaska Natives, and Native Hawaiians; individuals with disabilities; older individuals; ex-offenders; homeless individuals; youth who are in or have aged out of the foster care system; individuals who are English learners, have low literacy levels, or face substantial cultural barriers; eligible MSFWs; individuals within 2 years of exhausting lifetime eligibility under TANF; single parents (including pregnant women); long-term unemployed individuals; and members of other groups identified by the Governor.
This regulation is designed to ensure States and local areas have the flexibility to serve individuals in both being placed into a registered apprenticeship as well as to assist currently registered apprentices. WIOA provides a new opportunity for registered apprenticeship programs to automatically qualify to be placed on the State's ETPL, allowing ITAs to support participants in registered apprenticeship programs, and more directly connecting apprenticeship programs to job seekers in one-stop centers. Some apprenticeship programs are with a single employer, whereas others may operate through a joint labor-management organization where participants are selected for the apprenticeship but not immediately hired by a specific employer. The Department is seeking comment on how registered apprenticeship programs and individuals enrolled or seeking to be enrolled in such programs may be best served within the one-stop delivery system.Start Printed Page 20719
Proposed § 680.330(a) states that participants may use an ITA to receive training at a pre-apprenticeship program that is on the State's ETPL. Pre-apprenticeship programs provide training to increase math, literacy, and other vocational skills needed to gain entry to a registered apprenticeship program. A pre-apprenticeship program funded with an ITA must have at least one registered apprenticeship partner; such pre-apprenticeship programs must possess or develop a strong record of enrolling their pre-apprenticeship graduates into a registered apprenticeship program. The Department is also open to comment on how pre-apprenticeship programs and individuals enrolled or seeking to be enrolled in such programs may be best served within the one-stop delivery system.
Proposed § 680.330(b) explains that the cost of tuition may be paid through an ITA to the training provider involved in a registered apprenticeship program. In such instances, the training provider may be an employer, a joint labor-management entity, a labor organization, or an outside training provider.
Proposed § 680.330(c) states that supportive services may be provided to support the placement of a participant into a registered apprenticeship program, consistent with the rules governing supportive services in subpart H.
Proposed § 680.330(d) explains that needs-related payments may be provided to support the placement of a participant into a registered apprenticeship program, consistent with the rules governing needs-related payments in subpart H.
Proposed § 680.330(e) provides a citation to the regulations on using OJT funds with registered apprenticeships.
Proposed § 680.340 largely restates the consumer choice requirements established under WIA. The term "career planner," used in WIOA, replaces the term "case manager," used in WIA. Proposed § 680.340(e) provides that one-stop operators may coordinate funding for ITAs with other funding sources in order to assist the individual in obtaining training services. Proposed § 680.340(f) requires that priority consideration be given to programs that are aligned with in-demand industry sectors or occupations in the local area.
This part describes the methods by which organizations qualify as eligible providers of training services under WIOA. It also describes the roles and responsibilities of the State and Local Boards in managing this process and disseminating ETPLs. The State ETPL and the related eligibility procedures ensure the accountability, quality, and labor-market relevance of programs of training services that receive funds through WIOA title I-B. The regulations emphasize that the list and accompanying information must be easily understood and disseminated widely, in order to maximize informed consumer choice and serve all significant population groups.
The State plays a leadership role in ensuring the success of the eligible provider system in partnership with Local Boards, the one-stop system, and its partners. The Governor must establish eligibility criteria and procedures for initial determination and renewals of eligibility for training providers and training programs to receive funds under WIOA title I-B. In doing so, the Governor may establish minimum performance levels for eligibility and the Department encourages Governors to do so. In establishing minimum performance levels for eligibility, the Govenor should take into consideration the need to serve targeted populations. The Local Board may establish additional performance levels for program eligibility within a local area.
The proposed regulations implement WIOA sec. 122 and refer to WIOA secs. 107, 116, and 134 where those sections affect provider eligibility, the ETPL, the use of ITAs, and the inclusion of registered apprenticeship programs on the ETPL. In § 680.410, the regulations clarify that all training providers, including those operating under the ITA exceptions, must qualify as eligible providers, except for those engaged in OJT and customized training (for which the Governor must establish qualifying procedures as discussed in § 680.530). The proposed regulations also explain how registered apprenticeship programs, which WIOA treats differently than other providers in some respects, are to be included in the list. Finally, the regulations describe how the State ETPL must be disseminated with accompanying performance and cost information. The performance information must be presented in a way that is easily understood, in order to maximize informed consumer choice and serve all significant population groups. Separately, ETP performance reports, which require providers to supply performance information for all individuals enrolled in a program are addressed in § 677.230.
In response to concerns expressed by stakeholders that some providers of training would face difficulties in participating in this WIOA-revised system, the Department has clarified the interrelated eligibility requirements and explained that while WIOA places an emphasis on quality training as measured by performance criteria, State and Local Boards and training providers must work together in attaining this goal. The proposed regulations emphasize the Governor's discretion in offering financial or technical support to training providers where the information requirements of this section result in undue cost or burden. Making a wide variety of high-quality training programs available to participants will increase customer choice and that training providers may find performance information useful to improve their programs of study, which in turn will provide a direct benefit to participants. The Department also encourages the Governor to work with ETPs to return aggregate performance information to the provider in ways that will help the training providers improve their program performance. Given that training providers may have many programs of study within their institution, the department is seeking comment on ways that States can help streamline performance reporting for training providers and minimize the burden associated with reporting on multiple programs of study. The State and Local Boards must work together to ensure sufficient numbers and types of training providers and programs in order to maximize customer choice while maintaining the quality and integrity of training services. In addition, the proposed regulations explain that CBOs have the opportunity to deliver training funded under WIOA through contracts for services rather than ITAs, provided the local area determines this is necessary to meet local customer needs and also that the provider meets training performance requirements. Because of WIOA's emphasis on ensuring the provision of quality training, and the importance of using performance criteria to obtain such quality, the Department does not intend to waive any of the requirements of this section. The Department is seeking comment on possible adaptations of ETP eligibility and reporting requirements to ensure small CBOs, especially those serving hard to Start Printed Page 20720serve participant populations, have the capacity to qualify as ETPs.
The workforce development system established under WIOA emphasizes informed consumer choice, job-driven training, provider performance, and continuous improvement. The quality and selection of providers and programs of training services is vital to achieving these core principles. As required by WIOA sec. 122, proposed § 680.400 explains that States, in partnership with Local Boards, must identify providers of training services that are qualified to receive WIOA funds to train adults and dislocated workers. Therefore, WIOA requires that each State must maintain a list of ETPs. The list must be accompanied by relevant performance and cost information and must be made widely available, including in electronic formats, and presented in a way that is easily understood, in order to maximize informed consumer choice and serve all significant population groups.
Proposed § 680.410 defines the types of entities that may be considered eligible to provide training services and the specific funds to be used for this purpose. This proposed section explains that training providers, including those operating under the ITA exceptions, must qualify as eligible providers, except for those engaged in OJT and customized training (for which the Governor must establish qualifying procedures as discussed in § 680.530). The proposed regulations identify registered apprenticeship programs as included in the list as long as the program remains registered. This is further explained in proposed § 680.470.
Proposed paragraph (a) explains that only providers that the State determines to be eligible, as required in WIOA sec. 122, may receive training funds under WIOA title I-B. This refers to funds used to provide training for adult and dislocated worker participants who enroll in a program of training services. Proposed paragraph (a) states that the Governor will establish the criteria and procedures for determining eligibility. These criteria must take into account, at a minimum the items in WIOA sec. 122(b)(1)(A). Under the requirements of WIOA sec. 122, the procedures for determining eligibility of providers are established at the State level and include application and renewal procedures, eligibility criteria, and information requirements.
Proposed paragraphs (a)(1) through (4) list the categories of potentially eligible training entities. This list is largely unchanged from WIA. Potentially eligible entities include post-secondary education institutions, registered apprenticeship programs, other public or private providers of training, Local Boards that meet certain conditions, and CBOs or private organizations providing training under contract with the Local Board.
Proposed paragraphs (b)(1) and (2) specify that these eligibility requirements apply to adult and dislocated worker funds. The requirements apply to both participants who seek training using ITAs and those who seek training through the exceptions described in proposed §§ 680.320 and 680.530. Under WIOA sec. 134(c)(3)(G), limited exceptions allow local areas to provide training through a contract for services rather than ITAs in order to maintain consumer choice. These exceptions include: OJT training, customized training, incumbent worker training, or transitional employment; instances where the Local Board determines there are insufficient numbers of eligible providers of training services in the local area; where the Local Board determines an exception is necessary to meet the needs of individuals with barriers to employment (including assisting individuals with disabilities or adults in need of adult education and literacy services); where the Local Board determines that it would be most appropriate to award a contract to an institution of higher education or other eligible provider to facilitate the training of multiple individuals in in-demand industry sectors or occupations (where the contract does not limit customer choice); and, for pay-for-performance contracts.
Proposed paragraph (b)(2) explains that the requirements to become an eligible provider of training services apply to all organizations providing training to adults and dislocated workers, with the specific exception for registered apprenticeship programs. WIOA makes a change from WIA in that registered apprenticeship programs must be included and maintained on the list for as long as the program remains registered. Registered apprenticeship programs are not subject to the same application and performance information requirements as other ETPs. However, because it is possible that particular registered apprenticeship programs may prefer not to be included on the list, the proposed regulation requires registered apprenticeship programs to indicate their interest in being on the State list, according to a mechanism established by the Governor. The pertinent requirements for registered apprenticeship programs are explained in proposed § 680.470.
Proposed § 680.420 defines the term "program of training services," which is used throughout this part. The Department explains that a program of training services includes a structured regimen that leads to specific outcomes. Our definition reinforces a key principle of WIOA to improve accountability and performance. Proposed paragraphs (a) through (c) align the outcomes for a program of training services with the performance requirements described in WIOA sec. 116(b)(2)(A). These potential outcomes include post-secondary credentials, industry-recognized credentials, employment, and measurable skill gains toward credentials or employment.
Proposed § 680.430 explains the roles of the Governor and Local Boards in administering the eligible provider process. Throughout this subpart, the Department emphasizes the Governor's discretion, in consultation with stakeholders, to establish eligibility procedures. The eligible provider process under WIOA sec. 122 requires the Governor to establish eligibility procedures and to clarify State and Local Board roles and responsibilities. In various sections, WIOA assigns responsibilities to Local Boards concerning ETPs and identifies additional optional activities that may be undertaken by Local Boards. For the convenience of stakeholders and the public, the Department has listed in proposed § 680.430 these required and potential activities.
Proposed paragraph (a) explains the Governor's responsibilities for managing the process for determining eligibility, developing and maintaining the State's list of ETPs, and disseminating the list to Local Boards, as required by WIOA sec. 122. In keeping with WIOA secs. 122(a)(1) and (c)(1), proposed paragraph (a) further requires that Governors consult with the State Board when establishing these procedures. Proposed paragraph (b) authorizes the Governor to designate a State agency to carry out the requirements of this section. While WIOA sec. 122 does not address this point, the Department anticipates that most States will work through a designated State agency (or appropriate State entity) to administer the Start Printed Page 20721requirements of this section. The Department proposes paragraph (b) to make this option explicit.
Proposed paragraphs (b)(1) through (5) describe the State's responsibilities for developing and maintaining the State list of providers. The State may establish minimum performance levels. The State is responsible for determining if such performance targets are met. It is also the State's responsibility to determine whether accurate information has been submitted, take enforcement actions as needed, and disseminate the list to the Local Boards, the one-stop system, its partner programs, and the public. This includes dissemination through Web sites and searchable databases and any other means the State uses to disseminate information to consumers. Under WIA, similar responsibilities were primarily assigned to the Local Workforce Boards. In establishing greater accountability and flexibility at the State level, WIOA sec. 122 specifically requires the State to manage the ETP process. Proposed paragraph (b) describes these responsibilities and notes the Governor's primary role in exercising these responsibilities, including the assignment of duties to be undertaken by Local Boards.
Paragraph (c) identifies the required responsibilities of Local Boards, which are found in WIOA secs. 107 and 134. These include responsibilities assigned to Local Boards statutorily as well as responsibilities that may be assigned by the Governor. Proposed paragraph (c)(1) makes clear that the Local Board must carry out procedures assigned to it by the State, as provided for under WIOA sec.122(c)(1). The Department provides examples of the responsibilities that the Governor may choose to assign to Local Boards, including duties similar to those undertaken by Local Boards under WIA.
Proposed paragraph (c)(2) explains the Local Boards' responsibility to work with the State to ensure that there are sufficient number and variety of programs to provide participants, as consumers, adequate choice among providers, as described in WIOA sec. 107. Local Boards are charged with working with the State to ensure that there are sufficient numbers and types of providers to meet the skill development needs of adults and dislocated workers, including those who are disabled and/or require adult literacy assistance. This proposed paragraph emphasizes that Local Boards and the State must work together to ensure adequate consumer choice.
Proposed paragraph (c)(3) explains, as required by WIOA sec. 134(a)(2)(B), that Local Boards must also ensure that the State' eligible training provider list is disseminated publicly through the local one-stop system, and its partner programs. The list is a tool to assist one-stop customers in evaluating training programs and provider options. The dissemination of the list is also discussed under proposed § 680.500.
Proposed paragraph (d) explains the roles that a Local Board may choose to exercise in the eligible provider process. The Governor's procedure may not prevent Local Boards from exercising these options.
Proposed paragraph (d)(1) emphasizes the potential for Local Board input into the Governor's development of the eligible provider procedure. WIOA sec. 122(e) requires the Governor to provide an opportunity for interested members of the public to make recommendations and submit comments regarding the eligibility procedure. Although not explicitly addressed in the WIOA sec. 122, the Department interprets its language to encompass Local Boards and thus have included this requirement in the proposed paragraph.
Proposed paragraphs (d)(2) and (3) include the provisions at WIOA sec. 122(b)(3), which allow Local Boards to set additional eligibility criteria, information requirements, and minimum performance levels for local providers beyond what is required by the Governor's procedure. Stakeholders and the public must note that any additional requirements imposed by a Local Board will only affect a program's eligibility and performance requirements within the local area.
Proposed § 680.440 explains the procedure established by WIOA sec. 122(c) for training providers that were eligible as of the date WIOA was enacted, July 21, 2014, to continue their eligibility under WIOA. The Department anticipates the majority of providers previously eligible under WIA will be affected by this transition.
Proposed paragraph (a) explains that the Governor may establish a transition period and states that providers that were eligible on July 21, 2014 will remain eligible under WIOA until December 31, 2015, or such earlier date as the Governor may set. Proposed paragraph (b) explains that in order to retain eligibility after the transition period, these providers will be subject to the application procedure established by the Governor for providers that have previously been found eligible, as further explained in proposed § 680.460. Proposed paragraph (c) explains that providers that have previously been found eligible are not subject to the initial eligibility procedures, as described in proposed § 680.450. As discussed in § 680.450, the initial eligibility procedures apply only to providers that were not previously eligible under WIA or WIOA.
Proposed § 680.450 describes the process for adding "new"' providers to the ETPL (i.e., those that have not previously been found eligible under sec. 122 of either WIA or WIOA). Such providers must first apply for initial eligibility according to procedures set by the Governor. In accordance with WIOA sec. 122(b)(4), this proposed section describes the factors the Governor must take into consideration in developing this procedure and take into account in setting criteria for initial eligibility. Eligibility is determined on a program-by-program basis for each provider. Proposed § 680.450 distinguishes between registered apprenticeship programs seeking inclusion on the list and other providers. Registered apprenticeship programs, consistent with WIOA sec. 122(a)(3), are not subject to the initial eligibility application procedure. However, registered apprenticeship programs are required to indicate their interest to be included in the ETPL, according to a mechanism established by the Governor, as discussed in § 680.470.
Proposed paragraph (a) explains that the Governor's procedure must require that providers of training seeking initial eligibility submit required information in order to receive initial eligibility.
Proposed paragraph (b) explains the exception for providers who are carrying out registered apprenticeship programs under the National Apprenticeship Act. Such programs are included and maintained on the list of eligible providers of training for as long as the program remains registered. Therefore, registered apprenticeship programs are not subject to a period of initial eligibility or to initial-eligibility procedures. Rather, the Department proposes paragraph (b) to require the Governor to establish a procedure whereby registered apprenticeship programs may indicate their interest to be included and maintained on the list. This requirement is further discussed in § 680.470.
Proposed paragraph (c) explains the requirement that the Governor must consult with Local Boards and solicit Start Printed Page 20722public comment in determining the initial eligibility procedure. While the Governor is responsible for developing the initial eligibility procedure, input by the Local Board and public comment remain important for shaping a public workforce system that is responsive to local needs. The Local Board is responsible for working with the State to ensure that there are sufficient numbers and types of providers of career and training services, as required by WIOA sec. 107(d)(10)(E) and described in proposed § 679.370(m). Therefore, the Department is requiring that the Governor consult with Local Boards about the initial eligibility procedure in order to maximize consumer choice at the local level. This is also in keeping with WIOA sec. 122(e) on the requirements for public comment. In addition, although WIOA does not address this point, the Department proposes requiring the Governor to describe the procedure, eligibility criteria, and information requirements for initial eligibility in the State Plan. Although States will need a separate mechanism for public comment during the first year of implementation, in subsequent years the State Plan process will afford the opportunity to solicit comments and recommendations from key stakeholders. In addition, the State Plan submission and review process allows the Department to ensure compliance with statutory and regulatory requirements and identify promising practices and technical assistance needs.
Proposed paragraph (d) explains that the Governor must establish criteria and State requirements for non-exempt providers seeking initial eligibility. These initial requirements apply to providers that were not previously eligible under this section (or sec. 122 of WIA, as in effect on the day before the enactment of WIOA).
Proposed paragraph (e) describes the factors that the Governor must take into account in establishing the criteria for determining initial eligibility. For those institutions that are not exempt from complying with the ETP application process, the State must establish consistent and uniform criteria for providers seeking initial eligibility. The information that must be submitted to the State for review will be defined by the Governor, but must, at a minimum, address factors related to program elements included in both WIOA secs. 122(b)(4)(D) and 116(b)(2)(A)(i)(I)-(IV). The Department has listed these required elements in proposed paragraphs (e)(2) through (5). The elements taken from WIOA sec. 122 include information addressing factors related to program performance indicators, any partnership a program has with a business, attributes indicating high quality training services and credentialing, and the alignment of the program's services with in-demand industry sectors. WIOA requires that providers provide "verifiable program-specific performance information." The Department is interested in comments about the types of verifiable program specific-information this would include. The Department is particularly interested in the methods of providing verifiable information that are the least costly to the training provider and the easiest to verify to reduce the cost to the State or local area. The Department has added a requirement that the applicant provide a description of the program. The Department thinks this information is not burdensome and is essential to enable customers to understand whether the program meets their training needs.
Proposed paragraph (f) describes the Governor's discretion to establish minimum performance standards. As with the application procedures described in § 680.460, the Governor may establish minimum performance levels in the initial eligibility procedures, and the Department encourages them to do so.
Proposed § 680.450(g) emphasizes the time limit for initial eligibility, which is 1 fiscal year for a particular program, per WIOA sec. 122(b)(4)(B).
Proposed paragraph (h) clarifies that after the period of initial eligibility, these training providers are subject to the Governor's application procedure, described at proposed § 680.460 in order to remain eligible.
Proposed § 680.460 explains the detailed application process for previously WIA-eligible providers to remain eligible under WIOA. Eligibility is determined on a program-by-program basis for each provider.
Proposed paragraphs (a)(1) and (2) list the two groups of providers that are subject to the requirements of proposed § 680.460. These include new training providers that were previously eligible under WIA (following the Governor's transition period, which ends December 31, 2015 or such earlier date established by the Governor) as well as new training providers whose initial eligibility expires after 1 fiscal year.
Proposed paragraphs (b)(1) and (2) explain that the Governor is required to gather and consider input from Local Boards, providers, and the public, including representatives of business and labor organizations. The Local Board is responsible for working with the State to ensure that there are sufficient numbers and types of providers of career and training services, as required by WIOA sec. 107(d)(10)(E) and described in proposed § 679.370(m). Therefore, the Department is requiring that the Governor consult with Local Boards regarding training provider eligibility procedures in order to maximize consumer choice among quality training providers at the local level. This is also in keeping with WIOA sec. 122(e) regarding the requirements for public comment. While WIOA does not specify a timeframe within which the consultation and determination must be completed, proposed paragraph (b)(3) requires the Governor to establish a timeframe for that purpose while leaving the amount of time to the Governor's discretion. The same requirements for Local Board consultation and a public comment period are described above in connection with proposed § 680.450(c) for the Governor's development of initial eligibility procedures.
Proposed paragraph (c) clarifies that registered apprenticeship programs are exempted from these application procedures. Under WIOA sec. 122(a)(3), registered apprenticeship programs must be included and maintained on the State list for as long as the program remains registered. While registered apprenticeships are considered eligible, not all registered apprenticeship sponsors may wish to be included. As described in § 680.470, the Department proposes that the Governor's procedure must include a means for registered apprenticeship program to indicate interest in being included on the list.
Proposed paragraph (d) explains that the Governor's procedure must describe the roles of the State and local areas in the application and eligibility process. WIOA gives the Governor discretion to assign some of the responsibility for receiving, reviewing, and making eligibility determinations to local areas. WIOA emphasizes the Governor's discretion in establishing eligibility procedures.
Proposed paragraph (e) requires the Governor's procedure to be described in the State Plan. Although WIOA does not address this point, the Department proposes requiring the Governor to describe the procedure, eligibility criteria, and information requirements for initial eligibility in the State Plan. Although States will need a separate mechanism for public comment during the first year of implementation, in subsequent years the State Plan process will afford the opportunity to solicit Start Printed Page 20723comments and recommendations from key stakeholders. In addition, the State Plan submission and review process allows the Department to ensure compliance with statutory and regulatory requirements and identify promising practices and technical assistance needs.
Proposed paragraph (f) explains the factors that the Governor must take into account in developing the eligibility criteria. These include nine required factors and any additional factors that Governor considers appropriate. The proposed language closely tracks the language from WIOA sec. 122(b), providing a comprehensive description of the requirements for the application process. WIOA sec. 122(b) includes multiple cross-references to WIOA sec. 116 which identifies required performance accountability measures. Proposed paragraph (f)(1) generally describes the kinds of performance information which training providers must submit as part of their application, which pertain to participants receiving training under WIOA title I-B. The Department recommends the Governor's procedure emphasize these performance indicators as a way of establishing minimum standards and a means for comparison among training providers offering similar training in similar areas. The Department recommends States use these measures to ensure performance accountability, continuous improvement, training provider quality, and informed consumer choice. The Department anticipates that complete performance data as required under (f)(1) may not be available until PY 2018, given the lag time inherent in the performance indicators. Proposed pargraph (f)(1) allows the Govenor to take into account alternate factors for any performance information that is not yet available until such performance data are available. The Department seeks comment on alternate factors related to performance that may be used to establish eligibility during this time.
Proposed paragraphs (f)(2) through (10) list the other factors that the Governor's criteria must take into account. These include the need to ensure access to training services in rural areas, information regarding Federal and State training programs other than within WIOA title I-B, alignment with in-demand industry sectors, State licensure requirements, encouraging industry-recognized credentials, provision of post-secondary credentials, the quality of program and training services, and meeting the needs of individuals with barriers to employment.
Proposed paragraph (f)(10) requires the Governor's criteria to take into account whether the providers timely and accurately submitted eligible training provider performance reports, as required under WIOA sec. 116(d)(4). This requirement is consistent with the requirement under WIOA sec. 122(b)(1)(A)(ii) that the criteria to be taken into account include the outcomes of the training programs for students in general with respect to employment and earnings under the indicators of performance described in WIOA sec. 116(d)(2). The ETP reports provide information on these employment and earnings outcomes for all individuals in a program of study, and the failure to submit such reports on a timely and accurate basis would undermine the ability of the Governor to take such outcomes into account. The Department seeks comment on how best to apply the timely and accurate submission of these ETP performance reports as a factor for eligibility.
Proposed paragraph (f)(11) explains the Governor's discretion to take into account other factors. This paragraph echoes the key principles of the ETPL and WIOA to ensure performance accountability, to meet the needs of local employers and participants, and to ensure informed customer choice.
Proposed paragraph (g) lists the information that training providers are required to provide as part of their application. As discussed in paragraph (k), the Governor has broad discretion to prescribe additional types of information.
Proposed paragraph (h) establishes two additional requirements concerning performance, cost, and information collection. Proposed paragraph (h)(1) states that eligible providers must submit performance and cost information required by paragraph (g) and the Governor's procedure to the State (WIOA secs. 122(b)(1) and (2)). In accordance with the State accountability and flexibility intended by WIOA, the timeframe and manner for submitting this information is to be determined by the State but at least every 2 years. Proposed paragraph (h)(2) states that the collection of information required to demonstrate compliance with the criteria cannot be unduly burdensome or costly to providers, citing to WIOA sec. 122(b)(1)(J)(iv).
Proposed paragraph (i) explains that the Governor's eligibility procedure must provide for the State to biennially review training provider eligibility information and assess the renewal of training provider eligibility, per WIOA sec. 122(c)(2). In keeping with WIOA's emphasis on providing discretion to the Governor, the Department has not prescribed in paragraph (i) the timeline and manner in which this biennial review takes place. These particulars are to be established by State procedure. The Governor or State agency is not required to establish minimum levels of performance, although the Department encourages them to do so. If minimum levels are established, the Governor's procedure must state these requirements and the State may require eligible providers to meet them in order to remain eligible.
Proposed paragraph (j) requires the Governor's procedure to verify the status of registered apprenticeship programs as a part of the biennial review of the State list. Although registered apprenticeship programs are not subject to the same review procedures as other providers, the State must verify the status of the registered apprenticeship programs in order to remove from the list any apprenticeship programs that are no longer registered.
Proposed paragraph (k) establishes that, as was the case under WIA, Local Boards may set additional criteria for eligibility to provide services in a local area. WIOA includes this provision at sec. 122(b)(3).
Proposed paragraph (l) explains that the Governor may establish procedures for providing technical assistance in order to assist eligible providers in meeting these requirements. This is in addition to financial assistance the Governor may provide, as described in proposed § 680.490.
WIOA encourages registered apprenticeship programs to be active partners in the public workforce system. These programs are proven job-driven strategies that provide workers with career pathways and opportunities to earn while they learn. Under WIOA sec. 122(a)(3), a registered apprenticeship program is included on the list of ETPs so long as the program remains registered. This allows a participant enrolled in a registered apprenticeship who is eligible to use WIOA title I-B funds to use those funds toward apprentice training, consistent with their availability and limitations as prescribed by proposed § 680.300. The use of ITAs and other WIOA title I-B funds toward apprenticeship training is further described in proposed § 680.330. Registered apprenticeship programs differ from other training providers in some respects, notably that a participant's enrollment occurs only Start Printed Page 20724through an agreement among the participant, the registered apprenticeship program sponsor, and an employer.
Proposed § 680.470 explains how registered apprenticeship programs are included and maintained on the ETPL. Registered apprenticeship programs are not subject to the application procedures and information requirements of other training providers to be included on the ETPL, in light of the detailed application and vetting procedures under which apprenticeship programs become registered.
Proposed paragraph (a) requires registered apprenticeship programs to indicate interest in being on the State list of ETPs. While registered apprenticeship programs are automatically eligible, not all registered apprenticeship sponsors may wish to be included on the list. The Department proposes that the Governor's procedure include a mechanism for registered apprenticeship programs to indicate their interest.
Proposed paragraph (b) explains that a registered apprenticeship program will remain on the list until it loses its registration or notifies the State that it no longer wishes to be included on the list.
Proposed paragraph (c) explains that when a registered apprenticeship program is included on the State ETPL, this allows an individual who eligible to use WIOA title I-B funds to use those funds toward apprentice training, consistent with their availability and limitations as prescribed by proposed § 680.300.
Proposed paragraph (d) addresses performance reporting requirements for apprenticeship programs. Registered apprenticeship programs are not subject to the same information reporting requirements as other training programs. However, in light of WIOA's emphasis on performance accountability and informed customer choice, the Department encourages Governors to consult with the State and Local Boards, the Department's Office of Apprenticeship, recognized State apprenticeship agencies (where they exist in the Governor's State), or other State agencies, to establish voluntary reporting of performance information.
Proposed § 680.480 describes enforcement provisions that are largely unchanged from WIA. The Governor has the ability to remove training providers or programs of training services from the State list according to the Governor's eligibility and review procedures. Under WIOA sec. 122(f), States must remove from the eligibility list any providers that willfully supply false performance information or that substantially violate requirements of WIOA. Under WIOA, a provider may also be removed from the list following the Governor's biennial review of the provider's program. These provisions support key principles of WIOA by reinforcing performance accountability and ensuring the high quality of training programs made available.
Proposed paragraph (a) affirms that a provider must deliver positive results and provide accurate information in order to maintain eligibility.
Proposed paragraph (b) explains that if a provider intentionally provides inaccurate information or substantially violates any provision of WIOA or its regulations the provider must be removed from the State list for a period of not less than 2 years and is liable to repay all adult and dislocated worker funds it received during the period of non-compliance. The Governor must specify in the procedures which individual or entity is responsible for making these determinations and the process by which the determination will be made, which must include an opportunity for a hearing.
Proposed paragraph (c) allows the Governor to remove a program or programs from the list for failing to meet State-established criteria or performance levels. The Department seeks comment on how to strengthen enforcement with non-compliant providers over time.
Proposed paragraph (d) explains that the Governor must establish an appeal procedure for providers to appeal a denial of eligibility under this section. An appeals process is required by WIOA sec. 122 (c)(1). Proposed § 683.630(b) explains the appeal process for the denial or termination of a training provider's eligibility.
Proposed paragraph (e) provides that a local area may remove a program or programs from the list for failing to meet higher local standards. The local area must also provide the program with an appeal process.
Proposed § 680.490 describes the performance information that providers are required to submit to the State in order to establish or renew eligibility, as described in WIOA sec. 122(b)(2).
Proposed paragraph (a) requires ETPs to submit performance information at least every 2 years, according to procedures established by the Governor. While the Governor may require reporting at more frequent intervals, the Department interprets WIOA sec. 122 to require that provider performance information for eligibility purposes must be submitted to the State at least biennially.
Proposed paragraphs (b)(1) through (4) list the program-specific performance information, described in WIOA sec. 122, that must be submitted by training providers. Proposed paragraph (b)(1) includes a cross-reference to the performance elements described at WIOA secs. 116(b)(2)(A)(i)(I)-(IV). These elements are further discussed in proposed § 680.460(g)(i) through (iv). Proposed paragraphs (b)(2) through (4) list additional information that must be supplied by providers; this includes information on post-secondary credentials offered, program costs, and the completion rate for WIOA participants in the program.
Proposed paragraph (c) explains that the Governor may require any additional performance information that he or she considers appropriate for determining or renewing eligibility. Separate reporting requirements for the State's ETP performance reports under WIOA sec. 116(d)(4) are addressed in § 677.230.
Proposed paragraph (d) emphasizes the collaborative relationship between a State and its training providers and explains that the Governor must assist providers in supplying the information required of them under WIOA and the proposed regulations. Proposed paragraph (d)(1) states the statutory requirement, at WIOA sec. 122(b)(1)(J)(iv), that the Governor must provide access to cost-effective methods for the collection of information. Proposed paragraphs (d)(2) and (3) explain that the Governor may provide technical and other assistance to providers in helping them to meet the performance requirements and that funds reserved for statewide activities under WIOA sec. 134 (a)(2)(B) may be used for this purpose. While WIOA emphasizes performance accountability, it is also important to assist ETPs in maintaining their eligibility, especially as training providers adjust to the more demanding reporting requirements of WIOA.
The public's ability to access and easily understand the State ETPL and its accompanying information are cornerstones of informed customer choice and transparency. In keeping Start Printed Page 20725with WIOA's intent for program alignment and service integration, the Department proposes strengthening the distribution of the list to emphasize dissemination to the public through one- stop partner programs in addition to the one-stop system. The ETP performance reports at WIOA sec. 116(d)(4) are addressed separately in § 677.230, which requires the coordinated dissemination of the performance reports with the ETPL and the information required to accompany the list.
Proposed § 680.500 explains the requirements for distributing the list and accompanying information about the programs and providers on the list. These requirements recognize the central importance of the list as the means to provide participants, as consumers of employment and training activities, effective choices among programs and providers of these services. As discussed previously, informed consumer choice is a key principle under WIOA.
Proposed paragraph (a) requires the State to disseminate the list with accompanying performance and cost information to Local Boards in the State and to members of the public online including Web sites and searchable databases, through whatever means the State uses to disseminate information to consumers, including the one-stop delivery system and its program partners. Local Boards must disseminate the list through the one-stop system as well, as described in proposed § 680.430(c)(3). Proposed paragraph (b) requires the list to be updated regularly, while provider eligibility is reviewed biennially. The Department is making a distinction between the eligibility of individual providers and updates to the actual list because the Department anticipates the list may be updated on an on-going basis, even though the review of a particular provider's eligibility status may occur biennially.
Proposed paragraph (c) requires the State list and accompanying information to be easily available to all one-stop customers through the one-stop system and its partner programs. The State list is a key piece of the State one-stop system. As such, it must be made available to individuals seeking information on training programs as well as participants receiving career services funded under WIOA and other programs. Proposed paragraph (c) further explains that the list must be available to individuals who are eligible for training under WIOA as well as to individuals whose training is supported by other one-stop partners.
Proposed paragraph (d) describes the information that must accompany the list to help participants in making informed choices regarding training programs and providers. Proposed paragraphs (d)(1) through (4) describe the information that must accompany the list, including recognized post-secondary credentials offered, other information as may be required by the Governor's eligibility criteria, and performance and cost information. The information available for programs in the initial eligibility stage will be different from, and less extensive than, the information available from programs in the continuing eligibility stage.
Proposed paragraph (d)(3) includes the requirement that the State must disseminate the provider list with "other appropriate information." The Department interprets this language to include the performance and cost information described at § 680.490.
Proposed paragraph (d)(4) states that the Governor may include any additional information to accompany the list as he or she considers appropriate. The Department encourages States to include any information that, consistent with WIOA's goal of promoting consumer choice, will assist participants in choosing training activities and providers.
Proposed paragraph (e) requires, as described in WIOA sec. 122(d)(3), that the accompanying information must not reveal personally identifiable information about an individual participant. In addition, disclosure of personally identifiable information from an education record must be carried out in accordance with the FERPA, including the circumstances relating to prior written consent.
The Department is interested in comments on specific ways to structure the accompanying information so that it provides a complete and easily understandable picture of provider performance but is not so detailed or complex that it discourages users from consulting it or limits its utility to the lay person. Should, for example, there be a summary sheet that is easy and quick to read and, if so, what information must be on the summary sheet?
Proposed § 680.510 explains that Local Boards may choose to supplement the criteria and information requirements established by the Governor's procedure in order to facilitate informed consumer choice in a local area.
Proposed paragraph (a) states that a Local Board may require that providers of training services furnish additional criteria and information as allowed under WIOA sec. 122(b)(3). These requirements impact the provision of services in the local area involved.
Proposed paragraphs (b)(1) through (4) explain the type of additional information that the Local Board may require providers to supply in their application to become eligible. These provisions are largely unchanged from the WIA regulations. The Local Board may request that the provider of training services explain how the training program specifically links to occupations that are in demand within the local area. The Local Board may also request specific program performance and cost information particular to a local area where programs are offered at multiple sites. The Department further explains that Local Boards may request information from training providers that indicates how programs are responsive to these local requirements, as provided for in WIOA sec. 122(b)(3).
Proposed § 680.520 explains that an individual may choose a training provider located outside the local area, and, in some instances, in other States. States may enter into reciprocity agreements with other States under which providers of training services are allowed to accept ITAs provided by another State. Providers of training services that are located outside the local area may not be subject to State eligibility procedures if the provider has been determined eligible by another State with such an agreement. The option to enter into reciprocity agreements diminishes the burden on States and providers of training services to be subject to duplicative procedures and is allowable under WIOA sec. 122(g). This provision also expands the array of training options available for individuals seeking training.
In proposed § 680.530, the Department explains that providers of OJT, customized training, incumbent worker training, internships, paid or unpaid work experience, or transitional employment are not subject to the eligibility requirements under WIOA Start Printed Page 20726secs. 122(a)-(f), but are required to provide performance information established by the Governor. The Department further explains that the local one-stop operator is required to collect and disseminate information that identifies these providers as meeting the Governor's performance criteria. Although these providers are not included on the State ETPL they are considered to be eligible providers of training services.
The services provided with adult funds can be a pathway to the middle class for low-income adults, public assistance recipients, and individuals who are basic skills deficient. The proposed regulations implement the statutorily-required priority for the use of adult funds. This subpart contains proposed regulations about how participants from certain populations are able to access adult and dislocated worker services and establish priority access to these services. WIOA sec. 134(c)(3)(E) provides that priority must be given to recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient. Under WIA, this priority applies only when adult funds are limited. Under WIOA, however, priority access to services by members of this group applies automatically. Nonetheless, WIOA allows one-stop operators to provide individualized career services to individuals who are not members of these groups, if determined appropriate by the one-stop operator.
The Department strongly encourages close cooperation between WIOA-funded programs and other Federal and State sources of assistance for job seekers. Coordination between WIOA-funded programs and the TANF program is a crucial element in serving individuals who are on public assistance. TANF is a required partner in the one-stop delivery system. Through close cooperation, each program's participants will have access to a much broader range of services to promote employment retention and self-sufficiency than if they relied only on the services available under a single program.
In this subpart, the Department explains how displaced homemakers may be served with both adult and dislocated worker funds. Under WIOA, a displaced homemaker qualifies as an "individual with a barrier to employment" (see proposed § 680.320(b) and its discussion above). WIOA provides a focus on serving "individuals with a barrier to employment" to ensure they have opportunities to enter meaningful employment; this term is defined in WIOA sec. 3(24). Additionally, displaced homemakers meet the definition of a "dislocated worker," as defined in WIOA sec. 3(15)(D). The proposed regulations implement WIOA's requirements and effectuate its purpose to aid displaced homemakers, whose work, albeit without a formal connection to the workforce, is recognized for its value, but who may need WIOA services to develop further work skills. WIOA also expands the definition of displaced homemakers to include dependent spouses of the Armed Forces on active duty to ensure they have access to WIOA title I services.
This subpart ensures that veterans and certain service members have access to adult and dislocated worker programs. Under WIOA, as was the case under WIA, veterans receive priority of service in all Department-funded employment and training programs. The proposed regulations describe what is meant by "priority of service." The Department has proposed a regulation consistent with guidance it issued in Training and Employment Guidance Letter (TEGL) 22-04 that separating service members meet the eligibility requirements for dislocated worker activities. This proposed regulation will ensure that service members will have access to the full array of services available through the one-stop delivery system.
Proposed § 680.600 provides priority access to career services and training services funded under WIOA sec. 134(c)(2)(A)(xii) and adult title I. In § 678.430(b), the Department proposes to categorize these services as individualized career services. WIOA builds on the priority given under WIA to providing training services to low-income individuals and individuals receiving public assistance. Under WIOA, the priority also extends to individuals who are basic skills deficient.
Proposed § 680.600(a) explains that individualized career services and training services must be given on a priority basis to low-income adults, public assistance recipients, and individuals who are basic skills deficient in the local area under the WIOA adult program. For adults, the term "basic skills deficient" is defined in WIOA sec. 3(5)(B) and applies when an individual is unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job, in the individual's family, or in society. Priority must be given regardless of funding levels.
Proposed § 680.600(b) requires States and local areas to establish criteria for providing priority to individualized career services and training services with WIOA adult funds under title I. The criteria may include other resources and funds for providing career and training-related services in the local area, as well as the needs of specific groups in the local area, as well as other factors the local areas determines appropriate.
Proposed § 680.600(c) clarifies that while priority must be given under WIOA adult funds to low-income individuals, public assistance recipients, or individuals who are basic skills deficient for individualized career services and training services, the Local Board and Governor may establish a process that also gives priority to other individuals.
Proposed § 680.610 clarifies that the statutory priority for low-income individuals, public assistance recipients, and individuals who are basic skills deficient only applies to the WIOA adult program and not the WIOA dislocated worker program.
Proposed § 680.620 explains how the TANF program relates to the one-stop delivery system. Cooperation among required partner programs is vital to build pathways to the middle class for individuals on public assistance and low-income individuals. Partners, working together, can ensure the best mix of services for each individual seeking to enhance their lives and employment.
Under WIOA, TANF is a required partner in the one-stop system, unless the Governor opts out. TANF provides assistance to needy families and by coordinating closely with WIOA local areas can ensure programs and services include the needs of individuals on public assistance. This section encourages cooperation among the WIOA and TANF programs to maximize Start Printed Page 20727services available to participants eligible under both programs.
Proposed § 680.630 explains displaced homemakers' eligibility for dislocated worker activities. A displaced homemaker can qualify for either adult or dislocated worker funds. First, if an individual meets the definition of a displaced homemaker under WIOA sec. 3(16), the individual is eligible for dislocated worker career and training services. Second, the displaced homemaker may be served with title I adult funds if the individual meets the eligibility requirements for this program; generally priority in the adult program is given to low-income individuals, individuals on public assistance, or if they lack basic work skills. A State may also use reserve funds that target displaced homemakers in which they would be eligible.
Under WIOA, the definition of a displaced homemaker is expanded to explicitly include dependent spouses of a member of the Armed Forces on active duty (as defined in sec. 101(d)(1) of title 10, United States Code) and whose family income is significantly reduced because of a deployment, a call or order to active duty, a permanent change in station, or the service-connected death or disability of the service member.
Proposed § 680.640 explains that under WIOA an individual with a disability whose family does not meet income eligibility criteria will still qualify for priority as a low-income adult if the individual meets the low-income criteria in WIOA sec. 3(36). Additionally, the Department proposes that if an individual with a disability meets the income eligibility criteria for payments under any Federal, State, or local public assistance program that individual will also be eligible for priority as a low-income adult consistent with WIOA sec. 3(36)(A)(i). This includes recipients of SNAP, TANF, and recipients of the Supplemental Security Income program.
Proposed § 680.650 builds on the Department's efforts to ensure veterans are entitled to priority of service in all Department-funded training programs under 38 U.S.C. 4215 and 20 CFR 1010. The proposal states that veterans must receive priority of service in programs for which they are eligible. In programs that require income-based eligibility to receive services, amounts paid while on active duty or paid by the Department of Veterans Affairs (VA) for VR, disability, or other related VA programs are not considered as income when determining low-income status. Generally, this means many separating service members may qualify for the WIOA adult program because it provides priority for low-income individuals and military earnings are not to be considered income for this purpose.
Proposed § 680.660 explains, consistent with the Department's long-standing policy, that service members exiting the military qualify as dislocated workers. Dislocated worker funds under title I can help separating service members enter or reenter the civilian labor force.
Proposed § 680.660(a) clarifies that a notice of separation, a DD-214 from the Department of Defense, or other appropriate documentation that shows a separation or imminent separation from the Armed Forces qualifies as a notice of termination or layoff required for the dislocated worker definition.
Proposed § 680.660(b) clarifies that a separating service member meets the dislocated worker requirements concerning UC.
Proposed § 680.660(c) clarifies that a separating service member meets the dislocated worker requirement that an individual is unlikely to return to his or her previous industry or occupation.
Proposed §§ 680.700 through 680.850 are proposed regulations for work-based training under WIOA. The proposed regulations apply to (OJT) training, customized training, incumbent worker training, and transitional jobs. The proposed regulations include specific information about general, contract, and employer payment requirements. Work-based training is employer-driven with the goal of unsubsidized employment after participation. Generally, work-based training involves a commitment by an employer or employers to fully employ successful participants after they have completed the program. Registered apprenticeship training is a type of work-based training that can be funded in the adult and dislocated worker programs; additionally pre-apprenticeships may be used to provide work experiences that can help participants obtain the skills needed to be placed into a registered apprenticeship.
Work-based training can be an effective training strategy that can provide additional opportunities for participants and employers in both finding high quality work and in developing a high quality workforce. Each of these work-based models can be effectively used to target different job seeker and employer needs. OJT is primarily designed to provide a participant with the knowledge and skills necessary for the full performance of the job. Incumbent worker training is designed to ensure that employees of a company are able to gain the skills necessary to retain employment and advance within the company or to provide the skills necessary to avert a layoff. Customized training is designed to provide local areas with flexibility to ensure that training meets the unique needs of the job seekers and employers or groups of employers.
Both training providers and OJT providers must be providing the highest quality training to participants. OJT contracts must be continually monitored so that WIOA funds provided through OJT contracts are providing participants with successful employment. It is important that OJTs have a strong ability to provide participants with in-demand skills with opportunities for career advancement and employers with a skilled workforce.
Under WIA, States could apply for a waiver to increase reimbursement amounts of the OJT wage rate. Under WIOA, the statute enables a Governor or Local Board to increase this rate to 75 percent without a waiver. This change is designed to give States and Local Boards additional flexibility in developing OJT opportunities that work best with the participating employers and in the local economy.
WIOA also explicitly allows for incumbent worker training at the local level. WIOA introduces incumbent worker training as an allowable type of training for a local area to provide. Under WIA, States could use their statewide activities funds to conduct incumbent worker training, and local areas could conduct incumbent worker training with an approved waiver. Incumbent worker training is designed to either assist workers in obtaining the skills necessary to retain employment or to avert layoffs and must increase both a participant's and a company's Start Printed Page 20728competitiveness. Local areas may use up to 20 percent of their local adult and dislocated worker funds for incumbent worker training. In this proposed regulation, the Department seeks to ensure that incumbent worker training is targeted to improving the skills and competitiveness of the participant and increasing the competitiveness of the employer. The training should, wherever possible, allow the participant to gain industry-recognized training experience, and ultimately should lead to an increase in wages. To receive incumbent worker funding under WIOA, an incumbent worker must have an employer-employee relationship, and an established employment history, with the employer. Incumbent workers are employed at the time of their participation, and the contract funds are paid to the employer for training provided to the incumbent worker either to avert a lay-off or otherwise retain employment. An ideal incumbent worker training would be one where a participant acquires new skills allowing him or her to move into a higher skilled and higher paid job within the company, thus allowing the company to hire a job seeker to backfill the incumbent worker's position. The Departments are seeking comment on the best way to structure these arrangements to maximize the likelihood that this ideal outcome occurs.
WIOA also discusses transitional jobs as a way for adults and dislocated workers with barriers to employment who are experiencing chronic unemployment or have an inconsistent work history to develop a work history and basic work skills essential to keeping a job. Transitional jobs are time-limited, subsidized employment in the private, non-profit, or public sectors.
OJT is a type of training that is provided by an employer to a participant. During the training, the participant is engaged in productive work in a job for which he or she is paid, and the training provides the knowledge or skills essential to the full and adequate performance of the job. Studies over the past 3 decades have found that in the United States formal OJT programs have positive employment and earnings outcomes.[2] OJT is a critical tool that can help jobseekers enter into successful employment.
Proposed § 680.700(a) explains that OJT may be provided under contract with an employer in the public, private non-profit, or private sectors. Under WIOA, the reimbursement level may be raised up to 75 percent of the wage rate, in contrast to 50 percent of the wage rate under WIA. Typically, the OJT contract provides reimbursement to the employer for a portion of the wage rate of the participant for the extraordinary costs of providing training and supervision related to the training.
Proposed § 680.700(b) states that contracts must not be entered into with an employer that received payments under previous contracts under WIOA or WIA if the employer has exhibited a pattern of failing to provide OJT participants with continued long-term employment as regular employees with wages, employment benefits, or working conditions at the same level as other employees performing the same type of work for the same length of time.
Proposed § 680.700(c) continues the requirement under WIA that OJT contracts must be limited in duration to the time necessary for a participant to become proficient in the occupation for which they are receiving the OJT training. When determining the length of the contract, the Governor or Local Boards must take into account the skill requirements of the occupation, the academic and occupational skill level of the participant, prior work experience, and the participant's individual employment plan.
Proposed § 680.710 is unchanged from the WIA regulations. The proposal identifies the requirements for OJT contracts used to train employed workers.
Proposed § 680.720 identifies the conditions that govern OJT payment to employers. OJT payments are to be compensation to the employer for the extraordinary costs associated with training participants. The Department does not seek to define through this regulation what "extraordinary costs" are, and is seeking public comment on this issue. The Department generally believes extraordinary costs are those costs the employer has in training participants who may not yet have the knowledge or skills to obtain the job through an employer's normal recruitment process.
Proposed § 680.730(a) identifies the factors that a Governor or Local Board must consider and document in determining whether to raise the reimbursement rate for OJT contracts up to 75 percent of the wage rate.
Proposed § 680.730(1) allows for the wage rate to be up to 75 percent after taking into consideration, among other factors, the characteristics of the participants (WIOA sec. 134(c)(3)(H)(ii)(I)), including whether the OJT contract is leading to employment for individuals with barriers to employment. Proposed § 680.730(2) states that the size of the employer is a factor that must be considered; proposed § 680.730(3) states that the quality of employer-provided training and advancement opportunities is a factor that must be considered. Proposed § 680.730(4) states that the Governor or Local Board may consider other factors in determining whether it is appropriate to raise the reimbursement rate. Such other factors may include the number of employees participating, wage and benefit levels of employees both before and after OJT completion, and relation of training to the competitiveness of the participant. Proposed § 680.730(b) requires that the Governor or Local Board must document the factors that they considered when deciding to increase the wage reimbursement levels above 50 percent up to 75 percent. The Department is seeking comments from the public on how the relation of training to the competitiveness of the participant must be analyzed when implementing this provision.
Proposed § 680.740(a) clarifies that an OJT contract may be made with a registered apprenticeship program for training participants. OJT contracts are made with the employer, and registered apprenticeships generally involve both classroom and on-the-job instruction. The OJT contract may be made to support the OJT portion of the registered apprenticeship program. The Department also notes that registered apprenticeship programs vary in length, so the OJT may support the entire duration of training while other means Start Printed Page 20729may support the beginning of the registered apprenticeship training. The Department is seeking comments on what an appropriate maximum amount of time would be for OJT funds to be used to support participants in registered apprenticeships.
Proposed paragraph (b) clarifies that in some instances a registered apprenticeship is operated by the employer and in others it is operated by a training provider with a direct connection to an employer or group of employers. If a participant is in a registered apprenticeship and employed as part of that arrangement, then the OJT must be treated as other OJTs provided for employed workers as described in § 680.710. If a participant is in a registered apprenticeship but is unemployed, the OJT funds may be provided in same manner as other OJTs as described in § 680.700.
Local areas may use an ITA to support classroom portions of a registered apprenticeship program and OJT funds may be used to support the on-the-job portions of the registered apprenticeship program. This is to ensure local areas have maximum flexibility in serving participants and supporting their placement into registered apprenticeship programs.
Proposed § 680.760 explains that customized training is to be used to meet the special requirements of an employer or group of employers, conducted with a commitment by the employer to employ all individuals upon successful completion of training. The employer must pay for a significant share of the cost of the training.
Proposed § 680.760(a) and (b) are unchanged from WIA. In paragraph (c) under WIA employers were required to pay for not less than 50 percent of the cost of the training, WIOA removes the precise figure and says that the employer must pay for a "significant cost of the training."
Proposed § 680.770 identifies the eligibility requirements for employed workers to receive customized training. There may be instances where a worker is employed but then receives customized training under contract between the local area and the employer. In order for the employed worker to qualify, the employee must not be earning a self-sufficient wage as determined by Local Board policy, the requirements of customized training in proposed § 680.760 must be met, and the training must incorporate new technologies, processes, or procedures; skills upgrades; workplace literacy; or other appropriate purposes, as identified by the Local Board. Proposed § 680.770 is unchanged from WIA. The Department is interested in comments that discuss how to distinguish customized training from OJT. Should they focus on different service populations, different training strategies, or different types of jobs?
Proposed § 680.780 is designed to update the definition of an incumbent worker from WIA. An incumbent worker is employed with the company when the incumbent worker training starts. The Department is seeking comment on the appropriate amount of time an employee must have worked for the employer before being eligible for incumbent worker training. The Department is proposing a minimum of 6 months, but is seeking substantive comments on this proposal. The Department is also seeking comments on how incumbent worker training should increase the competitiveness of the employee or employer for the purposes of identifying high-quality incumbent worker opportunities.
Proposed § 680.790 discusses the purposes served by and the conditions relating to incumbent worker training as prescribed by WIOA sec. 134(d)(4)(B).
Incumbent worker training is designed to meet the special requirements of an employer (including a group of employers) to retain a skilled workforce or avert the need to lay off employees by assisting the workers in obtaining the skills necessary to retain employment. The employer or group of employers must pay for a portion of the cost of providing the training to incumbent workers.
Proposed § 680.800 provides that under WIOA, local areas may use up to 20 percent of their combined total of adult and dislocated worker allotments for incumbent worker training. States may use their statewide activities funds and Rapid Response funds for statewide incumbent worker training activities.
Proposed § 680.810 provides the criteria a Local Board must use when deciding on using funds for incumbent worker training with an employer. Paragraphs (a) through (c) address participant characteristics, the relationship of the training to the competitiveness of the participant and employer, and other factors that the Local Board determines appropriate. These factors may include the number of employees in training, wages and benefits (including post-training increases), and the existence of other training opportunities provided by the employer.
Proposed § 680.820 clarifies that there are cost sharing requirements for employers participating in incumbent worker training to pay for the non-Federal share of the cost of providing training to incumbent workers of the employers.
Proposed § 680.830 explains that transitional jobs are time-limited work experiences that are subsidized for individuals with barriers to employment who are chronically unemployed or have an inconsistent work history. These jobs may be in the public, private, or non-profit sectors. Transitional jobs can be effective solutions for individuals to gain necessary work experience that they would otherwise not be able to get through training or an OJT contract. The goal is to establish a work history for the individual, demonstrate work success, and develop skills that lead to entry into unsubsidized employment. The difference between a transitional job and an OJT contract is that in a transitional job there is no expectation that the individual will continue his or her hire with the employer after the work experience is complete.
Proposed § 680.840 states that local areas may reserve up to 10 percent of their combined total of adult and dislocated worker allotments for transitional jobs and must be provided Start Printed Page 20730along with comprehensive career services and supportive services.
Proposed § 680.850 clarifies that there is an explicit prohibition on the use of work-based training funds which includes OJT, customized training, incumbent worker training, transitional jobs or registered apprenticeship for assisting, promoting, or deterring union organizing activities.
This section defines the scope and purpose of supportive services and the requirements governing their disbursement. A key principle in WIOA is to provide local areas with the authority to make policy and administrative decisions and the flexibility to tailor the workforce system to the needs of the local community. To ensure maximum flexibility, the regulations provide local areas the discretion to provide the supportive services they deem appropriate subject to the limited conditions prescribed by WIOA. Local Boards must develop policies and procedures to ensure coordination with other entities to ensure non-duplication of resources and services and to establish limits on the amount and duration of such services. Local Boards are encouraged to develop policies and procedures that ensure that supportive services are WIOA-funded only when these services are not available through other agencies and that the services are necessary for the individual to participate in title I activities. Supportive services may be made available to anyone participating in title I activities.
Needs-related payments are designed to provide a participant with resources for the purpose of enabling them to participate in training services. The Department recognizes that many individuals in need of training services may not have the resources available to participate in the training. Needs-related payments can help individuals meet their non-training expenses and help them to complete training successfully. A participant must be enrolled in a training program in order to receive needs-related payments.
Proposed § 680.900 explains that supportive services are services, such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in career and training services. Referrals to supportive services are one of the career services that must be made available to adults and dislocated workers through the one-stop delivery system. The proposed section also provides that Local Boards, in consultation with the one-stop partners and other community service providers, must develop a policy on supportive services that ensures resource and service coordination in the local area. The policy must address procedures for referral to such services, including how such services will be funded when they are not otherwise available from other sources. When developing this policy, the Department encourages Local Boards to consider incorporating local legal aid services. Legal aid is able to reduce barriers to employment and establish employment eligibility such as by helping secure a driver's license, expunging criminal records, and addressing debts or credit reporting issues.
In the context of a coordinated one-stop delivery system envisioned by WIOA, the one-stop needs to take into consideration all of the available supportive service resources so that participants may receive the best supportive services available and to ensure that funds are spent to maximize participants' opportunity to participate in career and training services.
Proposed § 680.910 states that supportive services may only be provided to participants who are in career or training services, unable to obtain supportive services through other programs providing supportive services, and that they must be provided in a manner necessary to enable individuals to participate in career or training services. The proposed rule removes references to "core" and "intensive" services, terms now characterized as "career services" under WIOA.
Proposed § 680.920 provides that Local Boards may establish limits on providing supportive services or allow the one-stop operator to establish limits, including caps on the amount of funding and length of time for supportive services to be made available. The rule text makes no changes from WIA.
Proposed § 680.930 defines needs-related payments as financial assistance to a participant for the purpose of enabling the individual to participate in training. Needs-related payments are a type of supportive service that provides direct financial payments to a participant, and unlike other supportive services, the participant must be enrolled in training to receive needs-related payments. The rule text makes no substantive changes from WIA; it provides updated citations to WIOA.
Proposed § 680.940 clarifies that for an adult to receive a needs-related payment he or she must be unemployed, not qualify for or have ceased to qualify for UC, and be enrolled in a training program.
Proposed § 680.950 provides that dislocated workers may receive needs-related payments if they are unemployed, ceased to qualify for UC or trade readjustment allowance under Trade Adjustment Assistance (TAA), and be enrolled in training by certain deadlines. It makes one clarification from WIA in that it provides that the dislocated worker must be enrolled in training.
Proposed § 680.960 states that payments may be provided if the participant has been accepted into a program that will begin within 30 calendar days.
Proposed § 680.970(a) explains that the needs-related payment level for adults must be established by the Local Board. The Department recognizes the costs of different labor markets and believes that payment levels are best set locally to ensure the needs-related payments meet their purpose of enabling participants to receive training services.
Proposed § 680.970(b) explains how needs-related payments for dislocated workers are calculated. If the participant is a dislocated worker and has established eligibility for UC, the needs-related payment must not exceed the Start Printed Page 20731higher of the weekly level of UC the participant receives or an amount equal to the poverty level for an equivalent time period. If the participant qualifies for dislocated worker services, but not for UC as a result of the qualifying layoff, the needs-related payment must not exceed the higher of the weekly level of UC the participant would receive if she or he had qualified, if the weekly benefit amount that the participant would have received can be determined, or an amount equal to the poverty level for an equivalent time period. Local Boards must adopt policies to adjust the weekly payment level if there are changes in total family income.
Under WIOA, Federal, State, and local partnerships that put the youths' interests first will help the nation's disconnected youth to succeed. The common performance measures across WIOA core programs, adult and youth programs under WIOA title I, and Adult Education and Vocational Rehabilitation programs under WIOA titles II and IV provide a mechanism to support youth service alignment. WIOA envisions the Department's youth programs, including Job Corps, YouthBuild, and the youth formula-funded program, coordinating to support systems alignment and service delivery for youth. Local and State plans will articulate this vision of youth workforce investment activities and help ensure a long-term supply of skilled workers and leaders in local communities.
WIOA affirms the Department's commitment to providing high quality services for youth and young adults beginning with career exploration and guidance, continued support for educational attainment, opportunities for skills training in in-demand industries and occupations, and culminating with a good job along a career pathway or enrollment in post-secondary education. All of the Department's youth-serving programs continue to promote evidence-based strategies that also meet the highest levels of performance, accountability, and quality in preparing young people for the workforce. The Department's focus on performance and accountability is emphasized through the implementation of the new primary indicators of performance for eligible youth across programs and through their use of the primary indicators for program management and decision-making.
WIOA maintains WIA's focus on OSY in Job Corps and YouthBuild, while greatly increasing the focus on OSY in the WIOA youth formula-funded program. The shift in policy to focus on those youth most in need is based on the current state of youth employment. With an estimated 6 million 16-24 year olds in our country not employed or in school, WIOA youth programs provide a continuum of services to help these young people navigate between the educational and workforce systems. The Department, working with its Education and Health and Human Services partners, plans to provide intensive technical assistance around meeting the needs of this population.
WIOA calls for customer-focused services based on the needs of the individual participant. This includes the creation of career pathways for youth in all title I youth programs, including a connection to career pathways as part of a youth's individual service strategy in the youth formula-funded program. In addition, many services under title I youth programs are based on the individual needs of participants. WIOA also calls for this population to be intimately involved in the design and implementation of services so the youth voice is represented and their needs are being met.
This integrated vision also applies to the workforce system's other shared customer-employers. By repositioning youth as an asset to employers with a need for skilled workers, the value of employers engaging the youth workforce system and programs is enhanced. Employers are critical partners that provide meaningful growth opportunities for young people through work experiences that give them the opportunity to learn and apply skills in real-world setting and ultimately jobs that young people are ready to fill given the opportunity.
The Department recognizes that much of this alignment and integration is already happening in local areas and regions across the country. WIOA aims to build upon these existing efforts through an emphasis on system alignment, an increased focus on serving OSY and those most in need, an emphasis on the needs of individual participants, and the prioritization of connections with employers, especially through work experience opportunities. The Department recognizes that WIOA also includes major shifts in approach and is committed to working with the youth workforce investment system to partner in the implementation of these changes through guidance and technical assistance.
WIOA supersedes the youth formula-funded program under title I, subtitle B, chapter 2 Youth Workforce Investment Activities. It further aligns the WIOA youth program with the other ETA youth training programs, including YouthBuild and Job Corps, as well as with titles II and IV of WIOA by requiring common performance measures across all core programs.
WIOA includes a number of significant changes for the youth formula-funded program. The biggest change under WIOA is the shift to focus resources primarily on OSY. WIOA increases the minimum percentage of funds required to be spent on OSY from 30 percent to 75 percent. This intentional shift refocuses the program to serve OSY during a time when large numbers of youth and young adults are out of school and not connected to the labor force. While the Department recognizes this transition to serve more OSY will take time to implement, it is critical that States and local areas begin to incorporate strategies for recruiting and serving more OSY.
These strategies must incorporate strong framework services which must include intake, objective assessments, and the development of individual service strategy, case management, supportive services, and follow-up services. They must also consider how to ensure that American Job Center staff have the requisite knowledge and sensitivity to the needs of OSY to effectively serve them. The Department plans to release subsequent guidance on these matters but also welcomes comments at this time on preferred approaches.
In addition, WIOA includes a major focus on providing youth with work experience opportunities. WIOA prioritizes work experiences with the requirement that local areas must spend a minimum of 20 percent of local area funds on work experience. Under WIOA, work experience becomes the most important of the program elements. WIOA also introduces five new program elements: Financial literacy; entrepreneurial skills training; services that provide labor market and employment information about in-demand industry sectors or occupations available in the local areas; activities that help youth prepare for and transition to post-secondary education and training; and education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster.Start Printed Page 20732
WIOA enhances the youth program design through an increased emphasis on individual participant needs by adding new components to the objective assessment and individual service strategy. WIOA incorporates career pathways as part of both the objective assessment and development of the individual service strategy. In addition, the individual service strategy must directly link to one or more of the performance indicators. The program design under WIOA also includes effective connections to employers, including small employers, in in-demand industry sectors and occupations.
This proposed section describes a standing youth committee. WIOA eliminates the requirement for Local Boards to establish a youth council; however, the Local Board may choose to establish, "a standing committee to provide information and to assist with planning, operational, and other issues relating to the provision of services to youth, which must include CBOs with a demonstrated record of success in serving eligible youth" (WIOA sec. 107(b)(4)(A)(ii)). The Department recognizes the difficulty under WIA in some local areas in maintaining the required youth council partnerships. The Department encourages Local Boards to consider establishing standing youth committees, taking advantage of the flexibility under WIOA to design standing youth committee membership to meet the local area's needs. Additionally, the law further clarifies that an existing youth council may be designated as the youth standing committee if they are fulfilling the requirements of a standing committee which means that they have members of the Local Board who have the appropriate experience and expertise in youth educational and workforce development (WIOA sec. 107(b)(4)(C)). The Department encourages Local Boards to designate high performing youth councils as standing youth committees if appropriate. Local Boards are responsible for the oversight of youth programs. Under WIA, youth councils were mandated to fulfill this function for the Board. Local Boards now may choose to fulfill the oversight responsibility, or have the discretion to delegate this function to a standing youth committee. If Local Boards choose not to delegate this function to a standing youth committee, they are responsible for conducting oversight of youth workforce investment activities under WIOA sec. 129(c).
This proposed section describes the members of a standing youth committee if the Local Board chooses to establish such a committee based on WIOA secs. 107(b)(4)(A)(ii) and 129(c)(3)(C). The members must include a member of the Local Board, who must chair the committee, members of CBOs with a demonstrated record of success in serving eligible youth and other individuals with appropriate expertise and experience who are not members of the Local Board. The committee may also include parents, participants, and youth. A Local Board may designate an existing entity such as an effective youth council as the standing youth committee if its membership meets the WIOA membership requirements.
This proposed section describes the duties of a standing youth committee if the Local Board chooses to establish such a committee based on WIOA secs.107(b)(4)(A)(ii) and 129(c)(3)(C). The standing committee's main function is to inform and assist the Local Board in developing and overseeing a comprehensive youth program. The details of its responsibilities are assigned by the Local Board.
This proposed section based on WIOA sec. 3(18) describes eligibility for the WIOA title I youth formula-funded program which includes two groups: In-school youth (ISY) and OSY and establishes specific criteria for each group. The eligible WIOA title I youth population represents youth who face challenges and barriers to success in the labor market.
This proposed section describes how one meets the eligibility for an OSY for purposes of the title I WIOA youth program. OSY youth must not attend any school, be between the ages of 16 and 24 at time of enrollment, and meet one or more of a list of eight criteria. With one exception, the WIOA criteria are generally the same as those under WIA. The section clarifies that age is based on time of enrollment and as long as the individual meets the age eligibility at time of enrollment they can continue to receive WIOA youth services beyond the age of 24. Unlike under WIA or under the definition of an ISY, low income is not a requirement to meet eligibility for most categories of OSY under WIOA. However, low income is now a part of the criteria for youth who need additional assistance to enter or complete an educational program or to secure or hold employment. Also, WIOA has made youth with a disability a separate eligibility criterion.
In addition, WIOA includes a new criterion: A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent school year calendar quarter. Because school districts differ in what they use for school year quarters, the time period of a school year quarter is based on how a local school district defines its school year quarters. WIOA lists this criterion as the second on the list of eight that satisfy the third of the three primary requirements.
This proposed section describes how one meets the eligibility for an ISY for purposes of the WIOA title I youth program. ISY youth must be attending school, including secondary or post-secondary school, be between the ages of 14 and 21 at time of enrollment, be low-income, and meet one or more of a list of seven criteria. These are essentially the same criteria as under WIA but the disability criterion has been separated from the "needs additional assistance" criterion. The section clarifies that age is based on time of enrollment and as long as the individual meets the age eligibility at time of enrollment they can continue to receive WIOA youth services beyond the age of 21. WIOA includes a youth as low-income if he or she receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
The term school refers to both secondary and post-secondary school as defined by the applicable State law for secondary and post-secondary institutions. This proposed section provides that for purposes of title I of WIOA, the Department does not consider providers of adult education under title II of WIOA, YouthBuild Start Printed Page 20733programs, or Job Corps programs as schools. Therefore, if the only "school" the youth attends is adult education provided under title II of WIOA, YouthBuild, or Job Corps, the Department will consider the individual an OSY youth for purposes of title I of WIOA youth program eligibility.
WIOA emphasizes the importance of coordination among Federally-funded employment and training programs, including those authorized under titles I and II. Many disconnected youth age 16 to 24 meet eligibility requirements for both WIOA title I youth activities and WIOA title II adult education. Co-enrollment between these two programs can be very beneficial to disconnected youth as they can receive work experience and occupational skills through title I funding and literacy skills through title II funding. Because the eligibility for title II is similar to that for an OSY under title I, an individual who is not enrolled or required to be enrolled in secondary school under State law, it is consistent to consider such youth already enrolled in title II as an OSY for purposes of title I WIOA youth eligibility.
This proposed section provides that dropout status is determined at the time of enrollment for eligibility as an OSY and that once a youth is enrolled as an OSY, that status continues, for purposes of the 75 percent OSY enrollment requirement, for the duration of the youth's enrollment, even if the youth later returns to a school. Because WIOA does not define the term alternative school, States must develop a definition. The Department advises States to define alternative school consistent with their State education agency alternative school definition. As of September 2014, 43 States and the District of Columbia have formal definitions of alternative education. The intent of WIOA is to serve more OSY who are disconnected from school and work, while continuing to develop strategies and provide services to ISY in collaboration with community partners.
This proposed section discusses the low-income eligibility criteria for OSY and ISY. For OSY, only those youth who are the recipient of a secondary school diploma or its recognized equivalent and are either basic skills deficient or an English language learner and youth who require additional assistance to enter or complete an educational program or to secure or hold employment must be low-income. For OSY who are subject to the justice system, homeless, pregnant or parenting, or have a disability, income eligibility documentation is not required by statute. All ISY must be low-income. Under WIOA, there are circumstances when local areas will find documenting low income for youth formula program eligibility less burdensome than it was under the WIA youth program. For example, for ISY a local program can use eligibility for free or reduced price lunch as low-income documentation. For all youth, those living in a high-poverty area are considered low-income. The section also sets out the exception to the low-income requirement that up to 5 percent of youth who meet all the other eligibility requirements need not be low-income. The 5 percent is calculated based on all youth served in the WIOA local youth program in a given PY.
WIOA contains a new provision that allows for youth living in a high-poverty area to automatically meet the low-income criterion that is one of the eligibility criteria for ISY and for some OSY. In order to maintain consistency across the country, the Department proposes that a high-poverty area be defined as a Census tract; a set of contiguous Census tracts; Indian Reservation, tribal land, or Native Alaskan Village; or a county that has a poverty rate of at least 30 percent as set every 5 years using American Community Survey 5-Year data. While there is no standard definition for the term "high-poverty area" in Federal programs, the Census Bureau uses two similar concepts. One is "poverty area," that is an area with a poverty rate of at least 20 percent and the other is "area with concentrated poverty," that is an area with a poverty rate of at least 40 percent. The term high-poverty area implies an area that has more poverty than a "poverty area" but not as much poverty as an "area with concentrated poverty." In addition, current Department competitive grant programs for ex-offenders define high poverty areas as communities with poverty rates of at least 30 percent. The Department is seeking comments on whether the poverty thresholds the Department is proposing are the most appropriate levels for youth living in a high poverty area.
This proposed section describes a change from WIA in which a local program can use eligibility for free or reduced price lunch under the Richard B. Russell National School Lunch Act as one of the factors to determine whether a participant meets the low-income criteria for eligibility for the WIOA youth program.
This proposed section reiterates the WIOA provision that, for an individual with a disability, income level for eligibility purposes is based on his/her own income rather than his/her family's income.
This proposed section reiterates the basic skills deficient criterion that is part of the eligibility criteria for both OSY and ISY, for purposes of title I of WIOA. For the second part of the definition, which reads "a youth who is unable to compute or solve problems, or read, write, or speak English at a level necessary to function on the job, in the individual's family, or in society," the State and/or Local Board must further define how the State or Local Board will determine if a youth is unable to demonstrate these skills well enough to function on the job, in their family, or in society as part of its respective State or local plan. The section also provides that local programs must use valid and reliable assessment instruments and provide reasonable accommodations to youth with disabilities in the assessment process in making this determination.
This proposed section allows States and/or local areas to define the "requires additional assistance . . ." criterion that is part of the OSY and ISY eligibility. It clarifies that if this criterion is not defined at the State level and a local area uses this criterion in their OSY or ISY eligibility, the local Start Printed Page 20734area must define this criterion in their local plan.
This proposed section clarifies that there is no self-service concept for the WIOA youth program and every individual receiving services under WIOA youth must meet ISY or OSY eligibility criteria and formally enroll in the program. It defines enrollment as the collection of information to support an eligibility determination and participation in any one of the 14 program elements. Under WIA the Department received many questions about the point in time that a youth became enrolled in the program. The Department hopes the proposed addition of connecting enrollment to receipt of a program element clarifies the moment at which enrollment occurs. The reference to EO data in the corresponding section under WIA was dropped because all rules related to data collection are covered in § 677 on performance management.
WIA regulations did not address the process for identifying and selecting eligible youth providers required in WIA sec. 123. The Department has received numerous inquiries asking for clarification on the competitive selection of youth providers and which services must be provided by entities identified in accordance with WIA sec. 123. This proposed regulation clarifies which youth activities may be conducted by the local grant recipient and which services must be provided by entities identified in accordance with WIOA sec. 123. Consistent with § 664.405(a)(4), the competitive selection requirement in WIOA sec. 123 does not apply to framework services if the grant recipient/fiscal agent provides these services. The Department allows this because in some cases the grant recipient/fiscal agent may be best positioned to provide such services. For example, the grant recipient/fiscal agent that provides framework services can ensure continuity of WIOA youth programming as youth service providers change.
This proposed section describes the new minimum expenditure requirement under WIOA that States and local areas must expend a minimum of 75 percent of youth funds on OSY. Under WIA, local areas were required to spend at least 30 percent of funds to assist eligible OSY. This represents a significant shift in the focus of the WIOA youth program and the Department recognizes such a shift will require additional technical assistance and guidance, including assistance to other youth-serving programs. This section also describes that the minimum 75 percent OSY expenditure applies to both local area funds and statewide youth activities funds reserved by the Governor. However, only those statewide funds spent on direct services to youth are subject to the OSY expenditure requirement. Funds spent on statewide youth activities that do not provide direct services to youth, such as most of the required statewide youth activities listed in WIOA sec. 129(b)(1), are not subject to the OSY expenditure requirement. In addition, local area administrative costs are not subject to the 75 percent OSY minimum expenditure. The OSY expenditure rate is calculated for statewide funds after subtracting out funds that are not spent on direct services to youth. The OSY expenditure rate is calculated for local area funds after subtracting the funds spent on administrative costs. For example, if a local area receives $1 million and spends $100,000 on administrative costs, the remaining $900,000 is subject to the OSY expenditure rate. In this example, the local area would be required to spend at least $675,000 (75 percent) of the $900,000 on OSY.
This section also clarifies the guidelines by which a State that receives a minimum allotment under WIOA sec. 127(b)(1) or under WIOA sec. 132(b)(1) may request an exception to decrease the expenditure percentage to not less than 50 percent. The OSY exception language at WIOA sec. 129(a)(4)(B) references sec. 127(b)(1)(C)(iv) and sec. 132(b)(1)(B)(iv), which includes States that receive 90 percent of the allotment percentage for the preceding year under the youth or adult formula programs (WIOA secs. 127(b)(1)(C)(iv)(I) and 132(b)(1)(B)(iv)(I)) and States that receive the small State minimum allotment under either program (WIOA secs. 127(b)(1)(C)(iv)(II) and 132(b)(1)(B)(iv)(II)). Under WIA this exception was only available to States receiving the small State minimum allotment, and no State submitted a request for the exception. The Department proposes to limit the approval of requests described in WIOA sec. 129(a)(4)(B) to only those States that receive the small State minimum allotment under WIOA secs. 127(b)(1)(C)(iv)(II) and 132(b)(1)(B)(iv)(II). Thus, requests to decrease the percentage of funds to be used to provide activities to OSY will not be granted to States based on their having received 90 percent of the allotment percentage for the preceding year. When the Secretary receives such a request from a State based on having received 90 percent of the allotment percentage for the preceding year, the request will be denied without the Secretary exercising further discretion.
While the list of States receiving the small State minimum allotment is generally consistent, there is an almost complete yearly turnover of the States receiving the 90 percent minimum allotment. Given this continuous turnover, approving a request from these States for an exception to the 75 percent expenditure requirement would cause significant disruption in the operation of local youth programs. In particular, States and local areas would be unable to develop and implement long-term service delivery strategies and plans and would be unable to establish the appropriate infrastructure necessary to meet the 75 percent expenditure requirement. These disruptions would adversely affect the quality of services that could be delivered to youth program participants, particularly OSY, thereby undermining one of the most significant changes in priorities from WIA to WIOA. Given the disruption and harm that would result from approving requests from States receiving the 90 percent minimum allotment for an exception to the 75 percent expenditure requirement, the Department proposes to limit the approval of this exception to States receiving the small State minimum allotment.
Even in those States receiving a small State minimum allotment, it will be very difficult for a State to make an affirmative determination that, after analysis of the local area's youth population, the local area "will not be able" to use 75 percent of its funds for OSY, which is a required element of any request.Start Printed Page 20735
This proposed section describes the framework for the WIOA youth program design. The framework includes an objective assessment; an individual service strategy, which programs must update as needed to ensure progression through the program; and general case management; and follow-up services that lead toward successful outcomes for WIOA youth program participants. WIOA makes two significant changes to WIA's requirements for service strategies. One is that the service strategy must be linked to one or more of the indicators of performance in WIOA sec. 116(b)(2)(A)(ii). The other is that the service strategy must identify career pathways that include appropriate education and employment goals. For both objective assessment and individual service strategy, programs may use recently completed assessments or service strategies conducted by another education or training program rather than create new assessments or service strategies if they determine it is appropriate to do so.
This proposed section also describes the requirement that Local Boards must link to youth-serving agencies and adds local human services agencies to the list that WIA required. It provides that Local Boards must provide eligible youth with information about the full array of applicable or appropriate services available through the Local Board or other eligible providers, or one-stop partners. It also provides that Local Boards must refer eligible youth to appropriate services that have the capacity to serve them on a concurrent or sequential basis. The proposed section also provides that eligible providers must refer youth who either do not meet the enrollment requirements for that program or cannot be served by that program for further assessment, if necessary, or to appropriate programs to meet the skills and training needs of the participant. Local Boards must also involve specific members of the community, including parents and youth participants, in designing and implementing the WIOA youth program.
A new provision in WIOA allows the Local Board to use up to 10 percent of their funds to implement pay-for-performance contracts for the program elements described in § 681.460. Pay-for-performance contracts are further described in § 683.500.
This proposed section provides that youth may participate in both the WIOA youth program and the adult program at the same time if they are eligible for both and it is appropriate. If such concurrent enrollment occurs, local programs must track expenditures separately by program. This section eliminated the reference, included in the WIA regulations, to concurrent enrollment in the dislocated worker program because any youth meeting eligibility for the dislocated worker program would have already successfully attained a job and would most likely be more appropriately served under the dislocated worker program. The section also provides that youth who are eligible under both programs may enroll concurrently in WIOA title I and II programs.
Individuals aged 18 to 24 are eligible for the WIOA adult and youth programs and local areas must determine whether to serve such individuals in the youth program, adult program, or both. This proposed section provides that a local youth program must determine whether to enroll an 18 to 24 year old in the youth program or adult program based on the individual's career readiness as determined through an objective assessment.
The Department proposes this new section because the Department's monitoring of local areas commonly found WIA youth were exited before successfully completing the program due to artificial time constraints or the ending of youth service provider contracts. In order to ensure that youth are not prematurely exited from the WIOA youth program, the Department proposes that youth programs serve participants for the amount of time necessary to ensure they are successfully prepared to enter post-secondary education and/or unsubsidized employment. While there is no minimum or maximum time a youth can participate in the WIOA youth program, programs must link program participation to a participant's individual service strategy and not the timing of youth service provider contracts or PYs.
This proposed section lists the 14 program elements, including 5 new youth program elements in WIOA sec. 129(c)(2) that were not included under WIA. These new elements are (1) education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster; (2) financial literacy education; (3) entrepreneurial skills training; (4) services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services; and (5) activities that help youth prepare for and transition to post-secondary education and training. In addition, WIOA has revised some of the WIA program elements. For example, the element on tutoring, study skills training, instruction leading to the completion of secondary school, including dropout prevention strategies, has been revised to provide that the dropout prevention (and recovery) strategies must be evidence-based and to make clear that the completion of secondary school can be accomplished by attainment of a secondary school diploma or its recognized equivalent, including a certificate of attendance or similar document for individuals with disabilities. This change is consistent with WIOA's emphasis on evidence-based programs. WIOA also combines the two WIA elements of summer youth employment programs and work experiences so that summer youth employment programs become one item in a list of work experiences and adds pre-apprenticeship programs to the list of work experiences. Finally, WIOA expands the description of the occupational skill training element to provide for priority consideration for training programs that lead to recognized post-secondary credentials that are aligned with in-demand industry sectors or occupations if the programs meet WIOA's quality criteria. This change is consistent with WIOA's increased emphasis on credential attainment. The section clarifies that while local WIOA youth programs must Start Printed Page 20736make all 14 program elements available to WIOA youth participants, local programs have the discretion to determine which elements to provide to a participant based on the participant's assessment and individual service strategy.
This proposed section clarifies that local WIOA youth programs must make all 14 program elements available to youth participants, but not all services must be funded with WIOA youth funds. Local programs may leverage partner resources to provide program elements that are available in the local area. If a local program does not fund an activity with WIOA title I youth funds, the local area must have an agreement in place with the partner to offer the program element and ensure that the activity is closely connected and coordinated with the WIOA youth program if enrolled youth participate in the program element. By closely connected and coordinated, the Department means that case managers must contact and monitor the provider of the non-WIOA-funded activity to ensure the activity is of high quality and beneficial to the youth participant.
This proposed section defines a pre-apprenticeship program, which is one of the types of work experiences listed under WIOA sec. 129(c)(2)(C). The reference to pre-apprenticeship programs is new in WIOA. The definition is based on TEN No. 13-12 that defined a quality pre-apprenticeship program. Local youth programs must coordinate pre-apprenticeship programs to the maximum extent feasible with registered apprenticeship programs, which are defined in WIOA sec. 171(b)(10), and require at least one documented partnership with a registered apprenticeship program. Quality pre-apprenticeship programs play a valuable role in preparing entrants for registered apprenticeship and contribute to the development of a diverse and skilled workforce. Pre-apprenticeship programs can be adapted to meet the needs of participants, the various employers and sponsors they serve, and the specific employment opportunities available in a local labor market. Pre-apprenticeship training programs have successfully demonstrated that obstacles such as low math skills, poor work habits, lack of access to transportation, and lack of knowledge of sector opportunities can be overcome when coordinated training and support is provided to workers.
This proposed section describes the adult mentoring program element. It provides that mentoring must last at least 12 months and defines the mentoring relationship. It clarifies that mentoring must be provided by an adult other than the WIOA youth participant's assigned case manager since mentoring is above and beyond typical case management services. Mentoring may take many forms, but at a minimum must include a youth participant matched with an individual adult mentor other than the participant's case manager. Mentoring services may include group mentoring, mentoring via electronic means, and other forms as long as it also includes individual mentoring from an assigned mentor. Local programs should use evidence-based models of mentoring to design their programs. The Department recommends that programs provide rigorous screening, training, and match support for mentors, and frequent contact with youth and parents as the match progresses.
This proposed section describes the financial literacy program element, new under WIOA. Financial literacy is described in the allowable statewide youth activities in WIOA sec. 129(b)(2)(D) and the proposed section reiterates what was stated in the allowable statewide activities section of supporting financial literacy. The Department has added an element on informing participants about identity theft to the list in WIOA sec. 129(b)(2)(D). The Department recognizes the importance of equipping workers with the knowledge and skills they need to achieve long-term financial stability and solicits comments on how best to achieve this goal.
This proposed section describes the types of guidance and counseling services that fall under the program element comprehensive guidance and counseling, which includes referral to services provided by partner programs, as appropriate. When referring participants to necessary counseling that cannot be provided by the local youth program or its service providers, the local youth program must coordinate with the organization it refers to in order to ensure continuity of service.
This proposed section includes all of the examples of leadership development opportunities included in WIA regulations and adds two new examples of appropriate leadership development opportunities that a local area may consider when providing leadership development opportunities. One new example is civic engagement activities; the other is activities which put the youth in a leadership role.
While WIA included positive social behaviors as part of the description of leadership development opportunities, WIOA adds "civic behaviors" to the description of the leadership development program element. This proposed section expands the examples of positive social behaviors to include keeping informed of community affairs and current events.
This proposed section provides a definition for the occupational skills training program element. It was not previously defined under WIA. WIOA sec. 129(c)(2)(D) further sharpens the focus on occupational skills training by requiring local areas to give priority consideration for training programs that lead to recognized post-secondary credentials that align with in-demand industries or occupations in the local area. The Department interprets this requirement to mean that when seeking occupational skills training for a participant, local areas must first seek training programs that lead to recognized post-secondary credentials in in-demand industries or occupations and only if none are available should they refer a participant to a training program that does not lead to a recognized post-secondary credential. The Department has further defined this priority by requiring that such training be outcome oriented and focused on an occupational goal in a participant's individual service strategy and that it be of sufficient duration to impart the skills needed to meet that occupational goal. In all cases, local areas must ensure that the training program meets the quality standards in WIOA sec. 123.Start Printed Page 20737
Prior WIA regulations provide that ITAs are not an authorized use of youth funds. However, more than 30 States received waivers under WIA to use ITAs for older and OSY to: (1) Expand training options; (2) increase program flexibility; (3) enhance customer choice; and (4) reduce tracking, reporting and paperwork that comes with dual enrollment. ITAs have therefore become a critical component in WIA to provide training services to older and OSY. WIOA is silent on the use of ITAs for youth participants.
This proposed section allows ITAs for older OSY aged 18 to 24. This change will enhance individual participant choice in their education and training plans and provide flexibility to service providers. ITAs also reduce the burden for local areas by eliminating duplicative paperwork needed for enrolling older youth in both youth and adult formula programs. ITAs will benefit disconnected youth and reinforce WIOA's emphasis on increasing access to and opportunities for workforce investment services for this population. To the extent possible, local programs must ensure that youth participants are involved in the selection of their educational and training activities. The Department welcomes comments on the proposed allowance of ITAs for older OSY.
This proposed section defines entrepreneurial skills training, a new program element under WIOA. While entrepreneurial skills training was previously listed as an example of a work experience in WIA, under WIOA it is a separate program element. The Department has also provided a list of possible methods of teaching youth entrepreneurial skills training. The Department is specifically seeking comments from stakeholders around developmentally appropriate types and methods of teaching entrepreneurial skills.
This proposed section lists examples of supportive services for youth and includes two additional examples which were not listed in WIA youth regulations. Needs-related payments were listed as an example of an adult supportive service under WIA and also can be critical to youth living on their own who participate in a youth program. WIOA lists needs-related payments as a supportive service at sec. 3(59). In addition, the Department lists assistance with educational testing and accommodations as examples because they are prime example of services that can be necessary to enable an individual to participate in activities authorized by WIOA. For example, assistance with educational testing can provide OSY with the opportunity to take high school equivalency tests, as well as other exams for occupational certifications and credentials, while accommodations may be necessary for youth with disabilities to participate in certain assessments and to have equal access and opportunity to participate in a variety of work-based learning activities.
This proposed section discusses the importance of follow-up services and lists examples of follow-up services for youth, which WIOA requires be provided for a minimum of 12 months. It clarifies that follow-up services may be different for each individual based on his or her individual needs. It also clarifies that follow-up services are more than a contact attempted or made to gather information for reporting purposes because follow-up services provide the necessary support to ensure the success of youth post-program. Therefore, to meet follow-up requirements, programs must do more than just make an attempt to contact to gather reporting information. The Department seeks comments on whether this section includes reasonable requirements for follow-up services.
The proposed section discusses the 20 percent minimum expenditure requirement on the work experience program element in WIOA sec. 129(c)(4). Work experience is a critical WIOA youth program element, arguably the most important program element as signaled by the minimum expenditure requirement. Work experience helps youth understand proper workplace behavior and what is necessary in order to attain and retain employment. Work experience can serve as a stepping stone to unsubsidized employment and is an important step in the process of developing a career pathway for youth. Research shows work experience is correlated with higher high school graduation rates and success in the labor market. This is particularly important for youth with disabilities.
The proposed section defines the work experience program element using language similar to the corresponding WIA regulation and includes the four work experience categories listed in WIOA sec. 129(c)(2)(C). In addition, the section eliminates the language under the corresponding WIA rule that OJT is not an appropriate work experience activity for youth. WIOA sec. 129(c)(2)(C)(4) explicitly enumerates OJT opportunities as one type of work experience.
Work experiences are designed to enable youth to gain exposure to the working world and its requirements. Work experiences should help youth acquire the personal attributes, knowledge, and skills needed to obtain a job and advance in employment.
This proposed section discusses the new requirement under WIOA that a local youth program must use not less than 20 percent of the funds allocated to the local area to provide youth participants, both ISY and OSY, with paid and unpaid work experiences. In order to ensure that local WIOA youth programs meet this requirement, the Department proposes that local WIOA youth programs track program funds spent on paid and unpaid work experiences and report such expenditures as part of the local WIOA youth financial reporting. Program expenditures on the work experience program element include wages as well as staffing costs for the development and management of work experiences. Like the 75 percent OSY expenditure requirement, local area administrative costs are not subject to the 20 percent minimum work experience expenditure requirement. The work experience expenditure rate is calculated for local area funds after subtracting out funds spent on administrative costs and is calculated based on remaining total local area youth funds rather than calculated separately for in-school and OSY.
Under WIOA sec. 129(c)(2)(C), summer employment opportunities are one of four suggested components of the paid and unpaid work experiences Start Printed Page 20738program element. While local WIOA youth programs must provide paid and unpaid work experiences, they may take the form of a number of activities including: summer employment opportunities and employment opportunities available throughout the year, pre-apprenticeship programs, internships and job shadowing, and OJT. While summer employment opportunities are an allowable activity and a type of work experience that counts toward the work experience priority (which requires a minimum of 20 percent of funds allocated to a local area are spent on work experience) they are not a required program element as they previously were under WIA.
Local areas must adhere to the provisions outlined in WIOA sec. 123 for selecting service providers when administering summer employment opportunities. This proposed section discusses that WIOA requires local areas to identify youth providers of youth workforce investment activities, including work experiences such as summer employment opportunities, by awarding grants or contracts on a competitive basis. As provided in WIOA sec. 123, if there is an insufficient number of eligible providers of youth workforce investment activities, Local Boards may award grants or contracts on a sole source basis. This section also clarifies that the summer employment administrator does not need to select the employers who are providing the employment opportunities through a competitive process.
This proposed section describes the new program element at WIOA sec. 129(c)(2)(E): "education offered concurrently and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster." The new program element requires integrated education and training to occur concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement. Youth participants will not be required to master basic academic skills before moving on to learning career-specific technical skills. This approach aligns with recent research which found students using an integrated education and training model had better rates of program completion and persistence than a comparison group (Jenkins 2009).
This proposed section clarifies that incentives under the WIOA youth program are permitted. The Department has included the reference to 2 CFR 200 to emphasize that while incentive payments are allowable under WIOA, the incentives must be in compliance with the requirements in 2 CFR part 200. This is not a change; under WIA, incentives must have followed the Uniform Administrative Requirements at 29 CFR parts 95 and 97 and the cost principles at 2 CFR parts 220, 225, and 230. The Uniform Administrative Requirements were recently consolidated into 2 CFR part 200. For example, under 2 CFR part 200, Federal funds may not be spent on entertainment costs. Therefore, incentives may not include entertainment, such as movie or sporting event tickets or gift cards to movie theaters or other venues whose sole purpose is entertainment. Additionally, under 2 CFR part 200, there are requirements related to internal controls to safeguard cash which also apply to safeguarding of gift cards, which are essentially cash.
This proposed section discusses the requirement in WIOA sec. 129(c)(3)(C) for the involvement of parents, participants, and community members in the design and implementation of the WIOA youth program and provides examples of the type of involvement that would be beneficial. The Department has also included in this proposed section the requirement in WIOA sec. 129(c)(8) that Local Boards must also make opportunities available to successful participants to volunteer to help participants as mentors, tutors, or in other activities.
This proposed section reiterates the connections between the youth program and the one-stop system that were provided in the WIA regulations and includes additional examples of such connections including collocating WIOA youth program staff at one-stop centers and/or equipping one-stop centers and staff with the information necessary to advise youth on programming to best fit their needs. The intent behind this section is to encourage staff working with youth under titles I, II, and IV of WIOA to coordinate better services for youth. This could include youth-focused one-stop centers in locations where youth tend to gather and making one-stops more accessible to youth.
Consistent with WIA, this proposed section clarifies that Local Boards may provide services to youth through one-stop career centers even if the youth are not eligible for the WIOA youth program.
WIOA provides a reservation of funds for employment and training activities to be undertaken on a statewide basis. These activities are undertaken by the States, rather than by Local Boards. WIOA requires States to undertake certain statewide activities, but authorizes States to undertake a much wider range of activities. These required and allowable activities are addressed by this part of the proposed regulations. WIOA designates the percentage of funds that may be devoted to these activities from annual allotments to the States—up to 15 percent must be reserved from youth, adult, and dislocated worker funding streams, and up to an additional 25 percent of dislocated worker funds must be reserved for statewide rapid response activities.
The up to 15 percent funds from the three funding streams may be expended on employment and training activities without regard to the source of the funding. For example, funds reserved from the adult funding stream may be used to carry out statewide youth activities and vice versa. These funds must be used for certain specified activities, such as for State evaluations and for provision of data for Federal evaluations and research. If funds permit, States have authority to provide a variety of other activities. State set-Start Printed Page 20739aside funds allow States to continually improve their comprehensive workforce programs, ensure a national system that meets the needs of job seekers, workers and employers, and contribute to building a body of evidence to improve the effectiveness of services under WIOA.
This subpart describes what is encompassed by the term "statewide employment and training activities." It explains that States have both required and allowable activities to be undertaken on a statewide basis for adults, dislocated workers and youth. States have significant flexibility in the development of policies and strategies for the use of their statewide funds.
Proposed § 682.100 provides that there are both required and allowable statewide employment and training activities. States may use up to 15 percent of adult, youth and dislocated worker funds for statewide activities relating to youth, adult, dislocated workers. The States are encouraged to develop policies and strategies for utilizing these funds, and must include descriptions of these activities in their State Plan.
Proposed § 682.110 does not change how statewide employment and training activities from how such activities were funded under WIA. The Governor has authority to use up to 15 percent of the adult, dislocated worker, and youth funds allocated to the State for statewide activities. The regulation provides that the adult, dislocated worker and youth 15 percent funds may be combined for use on required or allowed statewide activities regardless of the funding source.
This subpart first discusses required statewide activities. WIOA continues the activities that were required under WIA, but adds several additional required activities, such as assistance to State entities and agencies described in the State Plan, alignment of data systems, regional planning, implementation of industry or sector partnerships, and cooperation in providing data for Federal evaluation and research projects. Required statewide activities under WIA and continued under WIOA include: Outreach to businesses, dissemination of information on the performance and cost of attendance for programs offered by ETPs, and conducting evaluations.
This subpart also discusses allowable statewide activities. The Department provides States with a significant amount of flexibility in how these funds may be used for statewide activities. States can test and develop promising strategies. This regulation is not designed to be an exhaustive list, but more illustrative of the types of allowable statewide activities that may be provided with these funds.
Proposed § 682.200(a) explains that rapid response activities are a required statewide employment and training activity, as described in § 682.310.
Proposed § 682.200(b) explains the different types of information States are required to disseminate to the workforce system, including ETPLs, providers of work-based training providers, business partnership and outreach information, promising service delivery strategies, performance information about training providers, eligible providers of youth activities, and information about physical and programmatic accessibility for individuals with disabilities.
Proposed § 682.200(c) states that the information listed in § 682.200(b) be made widely available. It explains that this may be achieved by various means, including posting information on State Web sites, physical and electronic handouts for dissemination to one-stop centers, and other appropriate means of sharing information.
Proposed § 682.200(d) explains that under WIOA sec. 134(a)(2)(B)(vi), States are required to use the 15 percent set aside to conduct evaluations in accordance with WIOA sec. 116(e) whose requirements are implemented in § 682.220.
Proposed § 682.200(e) requires States to provide technical assistance to local areas in carrying out activities described in the State Plan.
Proposed § 682.200(f) requires States to assist local areas, one-stop operators, and eligibile providers in providing opportunities for individuals with barriers to employment to enter in-demend industry sectors, and developing exemplary program activities.
Proposed § 682.200(g) and (h) require States to assit local areas carry out the regional planning and service delivery efforts, and provide local areas information on and support for the effective development, convening, and implementation of industry and sector partnerships.
Proposed § 682.200(i) requires the States to provide technical assistance to local areas that fail to meet their performance goals.
Proposed § 682.200(j) requires the State to carry out monitoring and oversight activities of the programs providing services to youth, adults and dislocated workers in WIOA. Under this authority, States may conduct reviews that compare services provided to male and female youth.
Proposed § 682.200(k) clarifies that States may provide additional assistance to local areas that have high concentrations of eligible youth to ensure a transition to education or unsubsidized employment.
Proposed § 682.200(l) requires States to operate a fiscal and management accountability system. This system is vital to ensure high levels in integrity of managing Federal funds and conveying important information on the services being provided to job seekers and employers. As required by WIOA, the Department will consult with a wide range of stakeholders to establish guidelines for this system (see WIOA sec. 116(i)(1)).
In addition to the required statewide activities, States are provided with significant flexibility to innovate within the workforce system with various allowable statewide employment and training activities. These allowable activities are vital to ensuring a high quality workforce system, and can be used to ensure continuous improvement throughout the system. This regulation is not designed to be an exhaustive list, but more illustrative of the types of allowable statewide activities that may be provided with these funds.
Proposed § 682.210(a) provides that State administration of the adult, dislocated worker, and youth employment and training activities is an allowable statewide employment and training activity. This proposed section maintains the same 5 percent administrative cost limit that existed under WIA and clarifies that the 5 percent is calculated based on the total allotment received by the State and counts towards the amount reserved for statewide activities.
Proposed § 682.210(b) permits States to use WIOA funds to develop and implement innovative programs and Start Printed Page 20740strategies designed to meet employer needs, including small business needs. The workforce system provides services to dual customers—the job seeker and the employer. The Department values ways in which States can engage businesses with all levels of the workforce system. Under this section, States have authority to carry out a variety of programs identified in WIOA sec. 134(a)(3)(A)(i), such as sectoral and industry cluster strategies, microenterprise and entrepreneurial training, and utilization of business intermediaries.
Proposed § 682.210(c) permits States to develop and implement strategies for serving individuals with barriers to employment and encourages States to partner with other agencies to coordinate services among all the one-stop partners.
Proposed § 682.210(d) and (e) allow the development and identification of education and training programs that respond to real-time labor market analysis, that allow for use of direct or prior assessments, and that provide credit for prior learning, or which have other characteristics identified in WIOA sec. 134(a)(3)(A)(iii). States can also use these funds to increase training for individuals placed in non-traditional employment.
Proposed § 682.210(f) permits States to undertake research and demonstrations related to meeting the education and employment needs of youth, adults and dislocated workers, as stated in WIOA secs. 129(b)(2)(A)(i) and (ii) and sec. 134(a)(3)(A)(ix).
Proposed § 682.210(g) provides that States may utilize statewide funds to support the development of alternative, evidence-based programs, and other activities which increase the choices available to eligible youth and encourage them to reenter and complete secondary education, enroll in post-secondary education and advanced training, progress through a career pathway, and/or enter unsubsidized employment that leads to economic self-sufficiency.
Proposed § 682.210(h) provides that States may utilize statewide funds to support the provision of career services throughout the one-stop delivery system in the State.
Proposed § 682.210(i) provides that States may incorporate a variety of financial literacy identified in WIOA sec. 129(b)(23)(D) activities into the service delivery strategy within the one-stop delivery system. Financial literacy activities are important services for job seekers to receive as part of their career services. The Department encourages States to develop and implement strategies for local areas to utilize to coordinate financial literacy services to participants under this authority and to provide financial literacy activities to youth under § 682.210(i).
Proposed § 682.210(j) allows for States to provide incentive grants to local areas for reaching performance goals. Incentive grants can be an effective way to develop and maintain a culture of continuous improvement throughout the workforce system.
Proposed § 682.210(k) allows for States to provide technical assistance to local areas, CEOs, one-stop operators, one-stop partners, and eligible providers in local areas for the development of exemplary program activities and the provision of technology to facilitate remote access to services provided through the one-stop delivery system in the State (WIOA sec. 129(b)(2)(E));
Proposed § 682.210(l) allows States to provide technical assistance to local areas using pay-for-performance contract strategies. Under WIOA, pay-for-performance is an allowable use of funds that could potentially be an effective mechanism to improve participant outcomes. Technical assistance will be of vital importance to ensure these strategies are being implemented effectively. Under this authority, such technical assistance may include providing assistance with data collections, meeting data entry requirements, identifying levels of performance, and conducting evaluations of pay-for-performance strategies.
Proposed § 682.210(m) allows for States to utilize technology to allow for remote access to training services provided through the one-stop delivery system. The Department recognizes that there are many different means by which individuals may get training and that the use of technology may be particularly helpful to participants in rural areas. The Department encourages States to develop and build upon strategies that enable job seekers to connect with the workforce system remotely.
Proposed § 682.210(n) allows States to conduct activities that increase coordination between workforce investment activities and economic development approaches. This proposed regulation also allows States to undertake activities that provide coordination with services provided by other agencies, such as child support services and assistance (provided by State and local agencies carrying out part D of title IV of the SSA (42 U.S.C. 651 et seq.)), cooperative extension programs (carried out by the Department of Agriculture), programs in the local areas for individuals with disabilities (including the programs identified in WIOA sec. 134(a)(3)(A)(viii)(II)(cc)), adult education and literacy activities including those carried out by public libraries, and activities in the corrections system to connect ex-offenders reentering the workforce. The Department strongly encourages States to engage in these coordination activities. States are also encouraged to use funds to develop and disseminate workforce and labor market information (WLMI).
Proposed § 682.210(o) allows States to implement promising practices for workers and businesses as described in WIOA sec. 134(a)(3)(A).
Proposed § 682.210(p) allows States to develop economic self-sufficiency standards that specify the income needs of families, including the number and ages of children. The Department recognizes that different regions in a State may have different levels of self-sufficiency; therefore the proposed regulation allows for States to take geographical considerations into account in developing self-sufficiency standards.
Proposed § 682.210(q) allows States to develop and disseminate common intake procedures across core and partner programs, including common registration procedures. The Department strongly encourages States to utilize this approach in a customer-focused way. By developing common procedures one-stop staff can reduce duplication and enhance the job seeker experience in the workforce system.
Proposed § 682.210(r) encourages coordinating activities with the child welfare system to facilitate provision of services to children and youth who are eligible for assistance.
The Department proposes to add rules on new State responsibilities and opportunities in regard to evaluation and research under WIOA sec. 116(e). State and Federal evaluations and research are intended to improve the quality and effectiveness of programs under WIOA, and contribute to an expanding body of knowledge on customers, their needs, existing services, and innovative approaches. Examples of the strategies that might be explored in evaluation and research include, but are not limited to, interventions envisioned in WIOA itself, such as integrated systems, coordinated services, career pathways, and multiple forms of engagement with businesses.Start Printed Page 20741
WIOA continues the long-standing support of evaluation and research found in prior law, but strengthens it in several ways, including permitting States to evaluate activities under all of the title I-IV core programs, including adult education and vocational education, and permitting the use of funds from any of these programs for evaluations. WIOA expands coordination and the consultative process regarding evaluations and research beyond the workforce system to State agencies for the other core programs. Further, WIOA now also requires States to coordinate their own studies with evaluations and research projects undertaken by the Departments of Labor and Education, as well as to cooperate in provision of data and information for such Federal evaluations.
Provisions on the Department's role in evaluation and research, now found under WIOA sec. 169 (corresponding to secs. 171 and 172 in WIA), authorize a wide array of studies. Evaluation and research projects, permissible under WIOA sec. 169 include process and outcome studies, pilot and demonstration projects, analyses of programmatic and economic data, impact and benefit-cost analyses, and use of rigorous designs to test the efficacy of various interventions, such as random assignment. WIOA also implies that State evaluations are synonymous with multiple forms of research to test various interventions and to examine program services and outcomes in greater depth and over a longer time frame than is typically done for performance accountability purposes for State and local programs.
Section 169 also includes numerous examples of studies to be conducted in collaboration with other Federal Departments. WIOA sec. 169 also requires several research projects (evaluations of title I programs, a study of career pathways in health and child care, and research on equivalent pay), suggests seven research projects (relating to disconnected youth, business needs, nontraditional occupations, performance indicators, public housing assistance recipients, older workers, and credentials for prior learning), and permits studies of Federally-funded employment-related programs and activities under "other provisions of law." An evaluation of Job Corp is also required under WIOA sec. 161.
WIOA recognizes in sec. 116(e) the vital role of States in providing various forms of quantitative and qualitative data and information for Federal evaluations and research. Data, survey responses, and site visit information, from both the State and local levels are essential in Federal research designed to understand and evaluate various existing systems and services as well as new interventions. All of these forms of data and information are needed to understand key participant characteristics, labor market outcomes, the role of decision-makers, how faithfully interventions are implemented, and the quality of the customer experience. Further, there are multiple potential data sources which could include, for example, UI administrative data and wage records, data from other workforce programs, various documents, and individual or focus group interviews with State officials, local program staff and customers.
To assure that data are consistently available from all States, the rules emphasize the need for States to cooperate, to the extent practicable, in data collection activities for evaluations conducted by the Departments of Labor and Education, as related to services under WIOA and to other employment-related programs and activities. The rules also clarify the need for States to provide data from sub-State level and from State and local workforce boards and, further, to encourage provision of data by other partner programs. A method for informing the Department about possible problems in providing the various forms of data and for resolving such problems is also proposed below.
Specifically, the rules include the following:
Proposed § 682.220(a)(1) explains that under WIOA secs. 116(e), 129(b)(1)(A) and 134(a)(2)(B)(vi), States are required to use funds reserved by the Governor for statewide activities (the State set-aside) to conduct evaluations of activities of the core programs. Paragraph (b)(1) requires States to coordinate such evaluations with Federal evaluation and research activities under WIOA secs. 169 and 242(c)(2)(D) (regarding adult education), under the Rehabilitation Act of 1973 and under the Wagner-Peyser Act [29 U.S.C. 49i(b)]. Paragraph (a) delineates the role of evaluations and research in promoting continuous improvement and high performance in existing programs and identifies an additional purpose of evaluation activities: Testing innovative services and strategies.
Proposed § 682.220(a)(2) clarifies that the States may use set-aside funds to conduct other research and demonstration projects that relate to the education and employment needs for youth, adults and dislocated workers. Proposed § 682.220(a)(3) clarifies that States may use funds from other WIOA title II-IV core programs but only as determined through the consultative processes required with State and Local Boards and agencies responsible for the core programs as referenced in paragraph (b)(1). Paragraph 682.220(e) highlights the opportunity for States to use and combine funds from other sources (consistent with Federal and State law, regulation, and guidance). The sources might include other Federal and State grants and contracts, as well as private philanthropic or other sources.
Proposed § 682.220(b) promotes State efforts to conduct evaluations and research, assure they relate to State goals and strategies, and are coordinated and designed in conjunction with State and Local Boards and other agencies responsible for the core programs. The proposed rule also lists some key features that States can include their evaluations and research projects when appropriate and feasible, not as a "one-size-fits-all" checklist of requirements for every evaluation and research project. As such, paragraphs (b)(2) through (4) implement WIOA sec. 116(e), but qualifies the requirements for States to include an analysis of customer feedback and of outcome and process measures when appropriate, to coordinate with Federal evaluations to the extent feasible, and to use the most rigorous analytical and statistical methods that are reasonably feasible.
Proposed § 682.220(c) implements sec. 116(e)(3) of WIOA, which requires States to share their evaluations with the public, including through electronic means, such as posting the results of all types of research and evaluations that States conduct on the relevant State Web site.
Proposed § 682.220(d)(1) implements sec. 116(e)(4) of WIOA, which requires States to cooperate, to the extent practicable, in providing data, responding to surveys, and allowing site visits in a timely manner for Federal evaluation, research, and investigation activities conducted by the Secretaries of Labor and Education or their agents under WIOA secs. 169 and 242, the Rehabilitation Act of 1973, and the Wagner-Peyser Act, as listed in § 682.200(d) and above. (The provision of UI data for Federal evaluations and research is subject to regulations found in 20 CFR part 603.) The Department of Labor intends to work with States and the United States Census Bureau (Census) to explore the potential to meet the requirement that States provide UI wage record data for Federal evaluations and research using the wage record data Start Printed Page 20742States currently provide to Census for the Longitudinal Employer-Household Dynamics (LEHD) program. This approach to provision of UI data may reduce burden on State UI infrastructure, while also making the LEHD data set more useful to a broad array of researchers. Since data and survey responses from local subgrantees and State and local workforce boards are often critical in Federal evaluation and research projects, the rule also requires that States provide timely data and survey responses from these entities and that States assure that subgrantees and boards allow timely site visits for Federal evaluations. States are proposed to assume these responsibilities because of their relationship with and support of the boards as well as their role in overseeing the operation of subgrantees. Since States do not set the requirements for other one-stop partners, proposed § 682.220(d)(2) requires States to encourage these partners to cooperate in data provision for the relevant Federal evaluations and research.
Proposed § 682.220(d)(3) requires a Governor to inform the Secretary in writing if a State finds that it is not practicable to participate in timely provision of data, survey responses and site visits for Department of Labor or Department of Education evaluations and research, and, further, to explain why it is not practicable for the State to provide the requested information. This explanation will help the Department to work more effectively with the State to accommodate its concerns and mitigate or overcome any problems preventing the State from providing the information needed for Federal evaluations or research conducted under the various authorities cited in § 682.200(d).
Proposed § 665.220(e) provides that States may use or combine funds, consistent with Federal and State law, regulation, and guidance, from other public or private sources, to conduct evaluations, research, and demonstration projects relating to activities under the WIOA title I-IV core programs. The Department will provide information, technical assistance, and guidance to support States in conducting their own evaluations and research, at the highest levels of quality and integrity, consistent with State goals and priorities, and using methodologies appropriate to the research objectives and the funds available. The technical assistance and guidance will also address how States can coordinate with studies conducted by the Departments of Labor and Education under WIOA and cooperate in providing data and other information for such Federal research.
This subpart discusses the important role that rapid response plays in providing customer-focused services both to dislocated workers and employers, thereby ensuring immediate access to affected workers to help them quickly reenter the workforce. The proposed regulations reflect the Department's experience in managing the PYs and lessons learned from the innovations and best practices of various rapid response programs around the country in planning for and meeting the challenges posed by events precipitating substantial increases in the number of unemployed individuals in States, regions and local areas. The proposed regulations provide a comprehensive framework for operating successful rapid response programs in a way that promotes innovation and maintains flexibility to enable States to successfully manage economic transitions.
Section 134(a)(2) of WIOA authorizes the use of reserved funds for statewide activities to plan for and respond to events that precipitate substantial increases in the number of unemployed individuals. Except for a new provision, at sec. 134(a)(2)(A)(ii), that addresses the use of unobligated funds for rapid response activities, WIOA largely replicates the language in sec. 134 of WIA. The proposed regulations provide additional, detailed direction regarding required and optional rapid response activities. The WIA regulations concerning the rapid response program provided substantial flexibility in program design and implementation. This flexibility allowed for customized planning and responses based upon specific factors in a given situation—an important component to delivering effective services. However, some States and local operators did not understand the full range of activities allowable under the program. In crafting the proposed regulations, the Department has worked to maintain the same flexibility that the current regulation allows, while providing more detailed information about appropriate activities, such as layoff aversion, engaging business, and illustrating how these funds can be used.
Our proposed approach is based on the premise that successful rapid response programs are flexible, agile, and focused on promptly delivering comprehensive solutions to businesses and workers in transition. Rapid response, when operated successfully, delivers on the promises that the workforce system makes to businesses, workers, and communities—to provide economically valuable solutions to businesses and critically important services to workers at the time when they are most needed. These proposed regulations are designed to ensure that rapid response programs in all States are capable of meeting those promises, that service levels are consistent in quality yet customized to specific events, and activities are driven always by the goal of preventing or minimizing unemployment. The proposed regulations also focus specifically on anticipating needs and planning for them, rather than only responding to layoff events.
Proposed § 682.300 describes the purpose of rapid response—to promote economic development and vitality—and identifies the activities and responsibilities to meet this purpose. Proposed § 682.300(a) identifies as key components of rapid response the strategies and activities necessary to plan for and respond to layoffs or other dislocation events, including natural or other disasters. While many States will provide rapid response services for layoffs of all sizes, some States have restricted rapid response services to layoffs of 50 or more workers, or for which they received a Worker Adjustment and Retraining Notification (WARN) Act notice. While rapid response is required for closures and mass layoffs, the Department's intention is that effective services are provided to as many workers and companies as possible. Most employers have fewer than 50 workers, and thus, a substantial percentage of layoffs do not qualify for WARN coverage; therefore, using either of these criteria as the only triggers for the provision of rapid response assistance means that most companies and workers affected by dislocations will not be provided rapid response services. Establishing a strict threshold is counter to the purpose of rapid response, and prevents many workers and companies from receiving valuable services at a time when they are needed.
Therefore, the proposed regulations do not define any threshold for the size of a layoff for which rapid response services are provided. The regulation does not specifically address plant closures because the Department considers the layoffs associated with closures to be covered under the general principles applicable to layoffs. Based on the fact that most companies employ fewer than 50 workers and the rapid response services provide significant Start Printed Page 20743value to both affected workers and businesses, the Department expects that States and local areas will provide rapid response services to layoffs and closures of all sizes, as practicable. However, for any plant closure or layoff of 50 or more, rapid response services must be provided per the statutory reference to mass layoffs. Additionally, rapid response must be provided for any layoff which receives a WARN notice. State and local area rapid response providers must establish policies and procedures that allow them to serve the most companies and affected workers or to determine the specific scenarios which meet this criterion and for which they will provide rapid response services.
Proposed § 682.300(a) identifies the need to expeditiously deliver services in order to enable dislocated workers to transition quickly to new employment. The two critical phrases in this section—"plan for and respond" and "as quickly as possible"—demonstrate that rapid response must include strategic planning and other activities that will ensure that dislocated workers can be reemployed as soon as possible.
Proposed § 682.300(b) explains that the purpose of rapid response is a proactive, strategic set of actions, not simply a response to layoffs. The proposal establishes rapid response as a critical tool in managing economic transition and supporting economic growth in communities. As stated in the proposal, rapid response includes a wide array of strategies and activities of which layoff aversion is a key component. Proposed paragraph (b)(1) describes the direct and informational services rapid response must provide to workers affected by layoffs.
Proposed paragraph (b)(2) describes the services that rapid response must provide to businesses. Building and maintaining relationships with the business community, throughout the growth and decline that characterizes the business cycle, is a critical aspect of rapid response; establishing and maintaining these relationships allows for early knowledge of potential layoffs. This information not only provides time for undertaking actions that may prevent the layoffs from occurring but may also allow affected workers to connect, in a timely manner, with businesses that can use their skills, thereby avoiding unemployment or minimizing its duration.
Engaging with businesses and delivering effective solutions to their needs is critical—to allow rapid response teams to meet and work with individuals affected by layoff, preferably before layoff and on company time, but also to identify companies that are growing and may hire dislocated workers or to deliver services that may prevent workers at those companies from being laid off in the future.
Proposed paragraph (b)(3) describes the role that rapid response must play in developing strong, comprehensive networks of partners and service providers to ensure that all needed services are provided to businesses, workers, and communities.
Proposed paragraph (b)(4) covers the need for rapid response to undertake strategic planning and data gathering to ensure readiness to act appropriately whenever the need arises.
Proposed § 682.310 is a new section that was split from § 665.300 under the current regulations. Its text follows the current regulation, § 665.300(b), without substantive change, but it changes the verb used to describe the delivery of rapid response from "provide" to "carry out" to track the language used in WIOA sec. 134(a)(2).
Proposed § 682.315 significantly enhances the required activities from those set forth in the current regulation. Rapid response experience under WIA has shown the importance of layoff aversion as a critical component of a successful rapid response program, to be used by States and Local Boards to prevent or minimize layoffs. This section describes strategies and activities which are designed to prevent or minimize the duration of unemployment.
Layoff aversion is a comprehensive approach requiring the integration of data, relationships, partnerships, and policies and procedures to allow an assessment of the economic situation that exists within a given area. This approach enables the development of a plan that may be applied, at any time, to intervene and manage transition that occurs within that area. Layoff aversion strategies and activities are customized to specific needs, quickly deployable, informed by economic data, and designed and coordinated with partners as necessary. This proposed section describes examples of these strategies and activities.
Proposed § 682.315 provides a definition for layoff aversion, which has been adapted from TEGL 30-09, and describes a number of potential layoff aversion strategies and activities that rapid response programs must include, many of which were first described in (TEN) 9-12.
Proposed § 682.330 describes rapid response activities that are required to be carried out with rapid response funds. The elements include activities that have been previously discussed in guidance and through technical assistance; elements that are required by the current regulation; and elements that were previously allowable, but which are now required. In particular, the regulation now specifically identifies layoff aversion activities and the provision of additional assistance to local areas experiencing increased dislocation events as required rapid response activity (paragraphs (a) and (i)) and adds new responsibilities in paragraphs (g) through (k). The Department's experience under WIA has shown that such activities are critical for a successful rapid response program. To meet the needs of affected workers and businesses, a rapid response program must be proactive, data-driven, engaged with businesses, and focused on preventing layoffs or minimizing their negative impacts. Substantially increasing the level of required activities under rapid response is designed to drive those outcomes. By undertaking these activities, the State and local areas will be able to effectively manage, review and evaluate rapid response and layoff aversion efforts.
Proposed § 682.330(a) describes layoff aversion as a required rapid response activity. Layoff aversion strategies and activities are described in proposed § 682.315. The proposal requires that States and local areas have the capability to conduct layoff aversion; however, it is left to the discretion of the operators of rapid response programs to determine which strategies and activities are applicable in a given situation, based upon specific needs, policies, and procedures within the State and operating areas. The current regulation requires rapid response operators to assess the potential for averting layoffs; this proposal expands on this requirement by listing a number of specific strategies and activities that are critical to maintaining readiness and ensuring the ability to capitalize on opportunities that will prevent, or minimize the duration of, unemployment.
Proposed § 682.330(b) through (e) are consistent with the current regulations; these activities are retained as required under the proposed WIOA regulations.
This proposed regulation does not define the term "emergency services" as Start Printed Page 20744used in proposed § 682.330(f); however, in the past States and local areas have used rapid response teams and resources for a wide array of activities in response to disaster situations. Such activities have included outreach, support, and assistance for impacted individuals with accessing UI or disaster unemployment assistance; acquisition of and support for mobile one-stop units; demographic information gathering for potential emergency grant applications; and coordination with Federal Emergency Management Agency (FEMA) or other disaster-response organizations. State and local area rapid response providers must work closely with other State and local agencies and other critical partners through strategic planning processes to ensure effective and immediate responses can be undertaken when the need arises.
Proposed § 682.330(g) discusses the requirement that State or local rapid response programs collect and utilize data as a core component of their work. Proposed § 682.330(g)(1) requires States and/or local areas to identify sources of information that will provide early warning of potential layoffs, and to gather this data in a manner that best suits their needs. Proposed § 682.330(g)(2) requires the processing and analysis of a range of economic data and information to ensure the best possible services are delivered to businesses and workers at the appropriate time. Proposed § 682.330(g)(3) requires that States and/or local areas track data and other information related to the activities and outcomes of the rapid response program, so as to provide an adequate basis for effective program management, review, and evaluation of rapid response and layoff aversion efforts.
Proposed § 682.330(h) highlights the need for strategic and operational partnerships. Rapid response operators must develop and maintain partnerships with a wide range of partners to ensure the capability to deliver needed services and resources to businesses, workers, and communities whenever the need arises. The proposal provides some examples of organizations with which to partner, but States and local areas should establish partnerships with those organizations that are necessary to ensure the successful functioning of their rapid response program. Proposed § 682.330(h)(1) discusses the use of these partnerships to conduct strategic planning and to ensure that assistance provided to companies, workers, and communities is comprehensive. Proposed § 682.330(h)(2) requires that the partnerships developed to support rapid response programs actively share information on resources available on a regular basis to ensure that the needs of businesses, workers, and communities will be met at the time they are needed.
Proposed § 682.330(i) requires rapid response services to be provided to workers upon the filing of a petition for TAA. If the Department no longer processes TAA petitions due to an expiration or termination of the program, there will be no explicit requirement pertaining to TAA participants. However, such individuals, as dislocated workers, will continue to receive rapid response services upon notification of layoff consistent with State or local area procedure.
Proposed § 682.330(j) requires States to provide additional assistance to local areas that experience an event that causes significant layoffs that exceed the capacity of the local area to respond to with existing formula resources. This requirement is found in the current regulation at § 665.300(b); the Department has made slight wording changes and moved it to this part. The additional assistance is required by WIOA sec. 134(a)(2)(A)(II). Proposed § 682.330(j) establishes the requirement that such assistance be provided; proposed § 682.350 defines and describes what additional assistance entails.
Proposed § 682.330(k) describes the role of rapid response in organizing or supporting labor management committees. This proposed paragraph uses the language from the current regulation that addresses this point, 20 CFR 655.310(c)(1) and (2). This support is required by WIOA sec. 3(51), as it was under WIA sec. 101(38), where labor and management voluntarily agree that the establishment of such a committee is appropriate. It has been the Department's experience that in some circumstances such committees have proven ineffective; therefore, their establishment is not a required rapid response activity. However, where labor and management desire to establish such a committee, guidance and financial support must be provided by rapid response.
The proposal does not include the requirement, now in 20 CFR 655.310(c)(3), that a neutral chairperson be appointed for such a committee. Based on feedback received regarding the difficulties involved in obtaining a neutral chairperson who is familiar with the immediate problem, the leadership of such a committee is better left to the discretion of the parties involved.
The proposal does not include the language in the current regulation referring to "workforce transition committees"—the Department now refers to these as groups as "community transition teams." Their role is explained in proposed § 682.340.
Proposed § 682.340 identifies additional activities that may be undertaken as part of the rapid response program. Proposed § 682.340(a) is designed to allow for innovative approaches and to ensure additional flexibility to prepare for and respond to layoffs, and to react to unusual or unforeseeable situations. Although the proposal leaves considerable discretion, any allowable activities must be designed to prevent or minimize the duration of unemployment, or to develop strategies or activities that will lead to better programmatic outcomes.
Proposed § 682.340(b) provides for the creation and operation of community transition teams. Community transition teams are designed to expand the ability of the public workforce system to enlist partners, community organizations, and others to provide services and resources in communities or areas in response to major layoffs or other events that have caused significant impact that are beyond the capacity of the public workforce system to address. Rapid response funds may be used to organize or sustain community transition teams that are organized to provide relief to impacted communities.
Section 665.330 of the current regulations is not maintained in the proposed regulations. The North American Free Trade Agreement (NAFTA) program to which it refers has ended. Proposed § 682.350, which describes the provision of "additional assistance" to local areas, has been largely maintained from the existing WIA regulations. The Department has made a slight change to the language in the existing regulations for clarity, but the concept has not changed. While the provision of additional assistance is required, as described in proposed § 682.330(i), the mechanisms by which such assistance may be provided are left to the discretion of the States.Start Printed Page 20745
Proposed § 682.360 does not appear in the current regulations; it requires that States report information about the receipt of rapid response services by individuals enrolled as dislocated workers. This information is currently required under WIA reporting guidelines. The Department also reserves authority to issue further guidance on the reporting of rapid response activities. Should such reporting become required, the Department will work with States and local areas to ensure that reporting burdens are minimized while still meeting program reporting goals.
Proposed § 682.370 addresses the WIOA provision at sec. 134(a)(2)(B) that allows a State to "recapture" any funds reserved for rapid response that remain unspent at the end of the PY of obligation and utilize them for State set-aside activities. The Department has provided further definition around required and allowable activities under the rapid response provisions of the WIOA, which may support States to more fully utilize rapid response funds while better serving businesses and workers.
This proposed part establishes the administrative provisions that apply to formula and discretionary grants and cooperative agreements authorized under title I of WIOA. Some administrative provisions are also applicable to grants provided under the Wagner-Peyser Act, as indicated in specific sections of this part. The remaining Wagner-Peyser Act administrative rules are still located in 20 CFR part 658. Wagner-Peyser grants are included in this part to ensure consistent application of the common administrative provisions that apply to all grants awarded under title I of WIOA and the Wagner-Peyser Act. For instance, the audit requirements for discretionary and formula grantees for title I and Wagner-Peyser Act funds can be found in one section. The internal control requirements for both programs can be found in this part as well. However, contracts, rather than grants or cooperative agreements, are used to award most funds authorized for Job Corps. As such, the administrative provisions for Job Corps (subtitle C of title I of WIOA) will be addressed separately in 20 CFR part 686.
Many of the proposed requirements in this part 683 are impacted by the Department's new rule "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Final Rule," at 2 CFR part 2900 published on December 19, 2014, and OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Final Rule, dated December 26, 2013 found at 2 CFR part 200 ("Uniform Guidance" or "2 CFR part 200"). The Uniform Guidance, which can be found at http://www.gpo.gov/fdsys/pkg/FR-2013-12-26/pdf/2013-30465.pdf, streamlines and consolidates OMB Circulars A-21 (2 CFR part 220), A-50, A-87 (2 CFR part 225), A-89, A-102 (29 CFR part 97), A-110 (29 CFR part 95), A-122 (2 CFR part 230), and A-133 (29 CFR part 96) into a single document. The Uniform Guidance standardizes the administrative, cost, and audit provisions for nearly all grants across the Federal government including those awarded by the Department's WIOA Federal partners, including ED, HHS, and the Department of Agriculture. Federal agencies were allowed to submit exceptions, as defined at 2 CFR 200.102, that deviate from the Uniform Guidance. The list of the Department's exceptions to the Uniform Guidance is available at 2 CFR part 2900. Requirements of this Uniform Guidance, including the Department's exceptions, apply to all grants and cooperative agreements provided under this part.
In this proposed part, the Department hopes to strengthen its administration of grants and enhance program results by providing consistent and uniform guidance that increases accountability and transparency, promotes fiscal integrity, and reduces duplication.
This subpart addresses the grant life cycle from fund availability to closeout for formula grants awarded to States under WIOA title I, subtitle B, and the Wagner-Peyser Act, and the grant life cycle for discretionary or competitive WIOA grants, awarded under subtitle D of title I. This subpart identifies the three financial assistance instruments that will be used to award funds under title I of WIOA and Wagner-Peyser: Contracts, grant agreements, and cooperative agreements. One shift from WIA to WIOA is that the Secretary will no longer use the Governor/Secretary agreements used under WIA. In compliance with the Uniform Guidance, the Department will use Notices of Award as the funding instrument for all grants, both formula and discretionary. Another shift to promote full expenditure of funds is to require that recipients expend the funds with the shortest period of performance before expending other funds. This proposed subpart also implements the WIOA statute's flexibility in allowing a Local Board to transfer up to 100 percent of a PY allocation between the adult and dislocated workers funding streams subject to the Governor's approval. Additionally, the subpart proposes processes on the handling of unobligated rapid response funds and ETA's role in the annual reallotment process that takes place between the States and the Department after each PY. The proposed responsibility review provisions are also different from those under WIA to reflect the new requirements in the Uniform Guidance. Lastly, this subpart outlines the closeout procedures for title I of WIOA and Wagner-Peyser awards.
This proposed section describes the statutory requirements for the Department's release of formula funds under title I of WIOA and the Wagner-Peyser Act. WIOA youth funds may be released earlier than other formula funds, as early as April, to assist States and locals in planning youth activities. Adult and dislocated worker funds will be awarded on a PY basis in two payments: In July after the beginning of the PY and a second release of funds in October of each PY. Wagner-Peyser funds will also be released on a PY basis, in July of each fiscal year. The availability of funds awarded on a competitive or discretionary basis will be dependent on the annual appropriation and on the grant or cooperative agreement.
This section recognizes the use of the three funding instruments that conform with the Uniform Guidance: Grant agreements, cooperative agreements, and contracts. The Department will no longer use the Governor/Secretary agreement, used under WIA, as a Start Printed Page 20746funding instrument because it is not consistent with the Uniform Guidance. Proposed paragraphs (b) through (e) of this section specify the type of funding instruments that will be used for different WIOA programs. Proposed paragraph (e)(3) implements WIOA sec. 169(b)(6)(B), which states that the Department may not award a contract or grant for research, studies, or multi-State projects "to the same organization for more than 3 consecutive years unless such grant or contract is competitively reevaluated within such period." The Department interprets the central purpose of this provision to promote competition—it prohibits the Department from awarding lengthy contracts or grants on a non-competitive basis to the same organization. However, as long as the contract or grant is awarded on a competitive basis, the project (and therefore the award) may span over a period of more than 3 years. This is consistent with the Department's need to conduct lengthy research and other projects and with the new flexibility to incrementally fund evaluations, research, and other projects, provided in sec. 189(g)(2)(B)(ii) of WIOA. Finally, proposed paragraph (f) of § 683.105 makes clear that all three funding instruments are subject to the closeout procedures in the Uniform Guidance.
This proposed section describes the period of performance for different types of WIOA title I and Wagner-Peyser Act grant awards. Proposed paragraph (a) provides a general explanation about expenditure periods. Specifically, the period of performance for grants is the statutory period of availability for expenditure, unless otherwise provided in the grant agreement. Funds must be spent in a timely manner; if they are not expended by the end of the performance period, they risk losing their availability. Grantees must expend funds with the shortest period of availability first, unless otherwise authorized in the agreement or in a subsequent modification. The proposed paragraph includes a sentence encouraging grantees to follow this rule, so that they use funds expeditiously and effectively. This approach should help reduce unexpended funds at the end of a grant's period of performance
Proposed § 683.110(b) through (h) restate the applicable periods of performance for WIOA and the Wagner-Peyser Act grants. WIOA did not change these periods for formula funds—adult/dislocated worker and youth formula funds allotted during any PY are available for expenditure by the State only during that PY and the 2 succeeding PYs; funds allocated by the State to a local area for any PY are available for expenditure only during that PY and the succeeding PY (WIOA sec. 189(g)(2)). Proposed paragraph (c)(2) also requires that funds unexpended by a local area in the 2 year period be returned to the State and be used for specific purposes. This is unchanged from the WIA regulation at 20 CFR 667.107. However, proposed paragraph (c)(1)(ii) notes an exception to the 2-year performance period for local areas in the case of WIOA Pay-for-Performance contracting strategies, a new option added by secs. 129(c)(1)(D) and 134(d)(1)(iii) of WIOA and more fully discussed in proposed subpart E. Under this paragraph, and in accordance with sec. 189(g)(2)(D) of WIOA, funds used by local areas to carry out WIOA Pay-for-Performance contract strategies remain available until expended. Additional information on this provision is explained below in the discussion of proposed § 683.530. Proposed paragraph (h) also implements sec. 5(c) of the Wagner-Peyser Act, and explains that funds allotted to States for grants under secs. 3 and 15 of the Wagner-Peyser Act for any PY are available for expenditure by the State receiving the funds only during that PY and the 2 succeeding PYs.
Proposed paragraphs (d) and (e) provide the expenditure period for the Native American programs and MSFW programs under secs. 166(c) and 167(a) of WIOA, respectively. In both programs, WIOA requires the Secretary to enter into grants or contracts with eligible entities every 4 years. Accordingly, the proposed paragraphs explain that funds awarded by the Department under these programs are available for expenditure during the period identified in the award document, which will not exceed 4 years.
For grants awarded for research or evaluations under WIOA sec. 169, funds remain available until expended, in accordance with sec. 189(g)(2)(B)(i) of WIOA, or for the period of performance specified in the terms and conditions of the award. The Secretary has the authority to limit the period of expenditure of these funds in the terms and conditions of the grant award.
Finally, proposed paragraph (f) explains that funds allotted for other programs under title I of WIOA, including secs. 170 (National Dislocated Worker Grants (NDWGs) and 171 (Youthbuild program), are available for expenditure for the period of performance identified in the grant or contract.
This proposed section implements the statutory requirement that an approved Unified State Plan or Combined State Plan be submitted before formula funds under title I, subtitle B, of WIOA and Wagner-Peyser can be issued. As discussed in the preamble discussion of part 676, WIOA is apparently inconsistent as to whether outlying areas must submit a Unified or Combined State Plan to receive funding under title I. The preamble discussion of part 676 details the apparent inconsistency and identifies potential options to resolve the inconsistency.
This proposed section describes the timeframe and formula factors a Governor must employ when allocating funds to local areas under secs. 128 and 133. It also specifies the steps a Governor must take when issuing allocations, including consulting with Local Boards and elected officials prior to issuing the allocation. The Governors must issue the funds to the local areas in a timely manner to allow for an adequate planning process.
This section also adopts the provision in sec. 134(2)(A)(ii) of WIOA that allows States to use unobligated rapid response funds, after the completion of the PY, for statewide activities.
This proposed section addresses the minimum funding thresholds for States funded under subtitle B of title I of WIOA. Minimum funding thresholds are established to offset the impact of fluctuations in the formula factors that result from shifts in the economy that may be compounded by additional downturns in a particular industry or market in a particular State. Sections 128(b)(2)(A) and 133(b)(2)(A) of WIOA contain these minimum funding requirements to avoid significant swings in the amount of funding a State receives from 1 year to the next and to avoid any disruption of services or planning.Start Printed Page 20747
This proposed section provides flexibility to local areas to provide services in the areas of greatest need by allowing fund transfers of up to 100 percent of a PY allocation between the local adult and local dislocated worker allocations. Proposed § 683.130(b) requires a Local Board to obtain written approval of the Governor before making such a transfer. This flexibility to transfer funds is contained in sec. 133(b)(4) of WIOA.
This proposed section implements secs. 127(c) and 132(c) of WIOA, and explains the Department's process for recapture and reallotment of formula funds awarded to the States under title I. The proposed rule requires the Secretary to make the determination about whether the State has obligated 80 percent of the funds during the second quarter of each PY, rather than the first quarter. The procedures are the same as those in the WIA regulation at 20 CFR 667.150, with a few exceptions. The Department proposes to make the determination during the second quarter because State financial reports for the end of the PY period are not locked for modification until the next quarter's reports are submitted, which is during the second quarter of the PY. The Department also uses the term "each" to make it clear that the Department performs the reallotment procedures every PY with respect to the prior PY. Further, the section clarifies that the amount subject to recapture is based on the unobligated balance of the prior "program" year, in accordance with secs. 127(c)(2) and 132(c)(2) of the statute. Finally, the proposed section clarifies the language that the recapture amount, if any, is determined separately for each funding stream.
Proposed § 683.135(c) defines the term "obligation" in accordance with the new OMB Administrative Requirements at 2 CFR 200.71 ("[w]hen used in connection with a non-Federal entity's utilization of funds under a Federal award, obligations means orders placed for property and services, contracts, and subawards made, and similar transactions during a given period that require payment by the non-Federal entity during the same or a future period."). The Department is using this definition to be consistent in our application of 2 CFR part 200, which is applicable to all funds awarded as grants or cooperative agreements. The proposed rule includes the same additions to the definition of "obligation" that are in the WIA regulation at 20 CFR 667.150(d)(1) and (2). The Department will continue to recognize the monies allocated to the local areas through the formula process under subtitle B of title I as obligated by the States for the purposes of this section, and the Department has clarified this by adding the words "to the local area" in proposed paragraph (c)(1). Because of this, local transfers between the adult and dislocated worker funding streams do not impact the Department's recapture calculation for reallotment among the States. Similarly, the fact that up to 10 percent of local funds may be reserved for administrative costs does not affect the calculation. Recapture and reallotment of funds among States will occur during PY 2015 based on obligations in PY 2014, because the procedures for realloting funds did not change from WIA to WIOA.
New in WIOA, sec. 134(a)(2)(A)(ii) permits the Governor to use rapid response funds that remain unobligated after the first PY for which they were allotted to carry out statewide employment and training activities. The rapid response funds will be included in the calculation of unobligated funding to determine if a State is subject to reallotment. Sections 127(c) and 132(c) of WIOA do not except rapid response funds from recapture—a tool which provides a strong incentive for States to expeditiously expend funds.
Excepting rapid response funds from the reallotment calculation would effectively remove the reallotment provision out of the statute. The Department generally is able to recapture and reallot only dislocated worker funds, because States immediately obligate 85 percent of their adult and youth program funds by allocating them to the local areas through the formula process. Because sec. 133(a)(2) of WIOA allows the Governor to reserve up to 25 percent of dislocated worker funds for rapid response activities, there may never be a situation where 80 percent of the remaining dislocated worker funds have not been obligated. Therefore, the Department includes rapid response funds in the calculation of a State's unobligated funding to determine if the State is subject to recapture and reallotment.
However, even if a State is subject to reallotment, the Governor may use the unobligated rapid response funds described in WIOA sec. 134(a)(2)(A)(ii) that remain available after reallotment to carry out statewide employment and training activities (in addition to rapid response activities). This preserves the additional flexibility provided to the Governors in WIOA sec. 134, by permitting Governors to use rapid response funds for statewide employment and training activities if not expended in the first year of availability. The Department welcomes comments on the proposed reallotment approach and potential impact on States, including the transfer flexibility.
This proposed section describes the procedures for reallocating youth, adult, and dislocated worker funds among local areas in the State, in accordance with secs. 128(c) and 133(c) of WIOA, and is unchanged from the WIA regulation at 20 CFR 667.160 except that proposed paragraph (a) requires the Governor to consult with the State Board before reallocating, as required by secs. 128(c)(1) and 133(c)(1) of WIOA. Proposed paragraph (b) clarifies that the amount to be recaptured, if any, must be separately determined for each funding stream, and the calculations of unobligated balances in each stream must be adjusted to account for any funds that are transferred between funding streams under proposed § 683.130. The Department also notes that States and local areas are required to adhere to the definition of "obligations" in 2 CFR 200.71.
This proposed section includes new requirements mandated by the Uniform Guidance. First, there is a requirement for the use of merit review as a means to ensure that discretionary or competitive grants and cooperative agreements are awarded through a competitive, merit-based process. Second, this section incorporates the Uniform Guidance requirement, found at 2 CFR 200.205, that an agency must have "a framework for evaluating the risks posed by applicants before they receive Federal Awards." The factors the Grant Officer will consider are listed in this section and drawn from 2 CFR 200.205. Additional guidance will be issued to further specify how the Grant Officer will evaluate these factors in determining whether the applicant Start Printed Page 20748should be precluded from receipt of Federal financial assistance.
This proposed section is new; there is not one like it in the WIA regulations. It addresses closeout, which is an important component to complete the grant life cycle. This section paraphrases the Uniform Administrative requirement sections on closeout and post-closeout adjustments (2 CFR 200.343-344). Specifically, when the period of performance ends, the Department will close out the Federal award after determining that all administrative actions and required work have been completed by the grant recipient. The grant recipient must submit all required reports and liquidate all obligations and/or accrued expenditures within 90 days of the end of the performance period. The Department will promptly reimburse the grant recipient for allowable reimbursable costs under the Federal award being closed out. The non-Federal entity must promptly refund any balanced of unobligated cash that is owed to the Department. The Department will settle for any upward or downward adjustments to the Federal share of costs after closeout reports are received. The grant recipient must account for any real and personal property acquired with Federal funds or received from the Federal government. The Department must complete all closeout actions no later than 1 year after receiving and accepting all required final reports; however, closeout does not affect the Department's right to disallow costs and recover funds, or obligations of the grantee, including audit, property management, and records retention requirements. After award closeout, a relationship created under the award may be modified or ended. Grant recipients that award funds to subrecipients must institute a timely closeout process after the end of performance to ensure a timely closeout in accordance with this section.
Financial and Administrative Rules. These proposed regulations provide the rules applicable to WIOA grants in the areas of fiscal and administrative requirements, audit requirements, and allowable cost/cost principles, and includes changes as the result of the Uniform Guidance at 2 CFR part 200 and any exceptions to 2 CFR part 200 that have been released by the Department under 2 CFR part 2900. To support the fiscal integrity of the grant process, proposed § 683.220 requires recipients and subprecipients of WIOA or Wagner-Peyser Act funds to have an internal control structure in place that provides safeguards to protect personally identifiable information and other sensitive information. This section is new to WIOA; there is no corresponding section in the WIA regulations. Another new section provides rules for using real property with Federal equity. Under this provision, Federal equity acquired in real property through grants to States awarded under title III of the SSA or the Wagner-Peyser Act is transferred to the States that used the grant to acquire the equity; the portion of the equity transferred must be used to carryout activities authorized under these programs and/or WIOA. The new section also provides instructions on using properties funded with Reed Act equity or the Job Training Partnership Act (JTPA).
Costs and Limitations. This proposed regulation in § 683.205 delineates activities and functions associated with the cost of administration as well as cost limitations (discussed in proposed § 683.205). The intent continues to be that the function and intended purpose of an activity should be used to determine whether the costs are administrative or programmatic. There is a new section on salary and bonus limitations, which prescribes limits on salaries and bonuses in both WIOA and Wagner-Peyser programs. The proposed subpart also describes activities that are prohibited under WIOA, such as employment generating activities and activities that encourage business relocation.
Responsibilities toward participants and employees. These proposed regulations provide rules on employee displacement, wage and labor standards, health and safety standards, and non-discrimination.
Other rules. There is a new section addressing the allowability of earning under WIOA grants.
This proposed section describes the application of the Uniform Guidance and the corresponding exceptions authorized by the Department at 2 CFR part 2900 for all grant recipients and subrecipients, including for-profit organizations and foreign entities. It references the cost principles, discusses when prior approval for certain expenditures is required, and highlights a number of specific requirements in the Uniform Guidance and the WIOA statute. For example, this section addresses the requirement that interest income be disposed of using the addition method and requires an entity to provide additional program services with those funds. This section also addresses times when income is earned and how it is recognized, reported, and applied to the program. It outlines the code of conduct and conflict of interest requirements that must be implemented under 2 CFR part 200, as well as certain restrictions imposed on grant recipients and subrecipients when using WIOA and Wagner-Peyser funds, including the Buy-American provision in sec. 502 of WIOA. Likewise, this section requires adherence to the mandatory disclosure requirements found in 2 CFR part 200 on all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Additional disclosures on lobbying, drug-free workplace, debarment, and suspension continue to be required as well. Such disclosures must be timely and in writing. Failure to make the required disclosures can result in any of the remedies described in § 200.338, remedies for noncompliance, including suspension or debarment.
This proposed section specifies the statutory administrative cost limitations on title I grant funds. States receiving formula WIOA funds are limited to spending no more than 5 percent of their annual allotment on administrative costs. Local areas are limited to spending no more than 10 percent of their annual allocation on administrative costs. Flexibility is provided to States and local areas in the statute by allowing administrative funds from the three formula funding streams awarded under subtitle B to be pooled and used together for administrative costs for any of the three programs, at the State and locals' discretion. For other WIOA title I and Wagner-Peyser funding, the administrative cost limits can be found in the grant agreement and are subject to the Uniform Guidance.Start Printed Page 20749
This proposed section specifies the audit requirements for all grant recipients and subrecipients of WIOA funds that expend more than $750,000 in Federal funds during the fiscal year, including for-profit entities that are grant recipients or subrecipients of WIOA title I or Wagner-Peyser funds. As this proposed section notes, the audit requirements do not normally pass through to contractors, but will in some situations, such as where the payments are found to constitute a Federal award rather than a payment for goods and services. This section seeks to implement the requirements of the Uniform Guidance.
The proposed section defines the functions and activities that constitute administration in accordance with sec. 3(1) of WIOA, and therefore are subject to the administrative cost limitations discussed in proposed § 683.205. The Department notes that this proposed section applies to activities performed under all grants awarded under title I of WIOA. It does not apply to activities funded through contracts, such as operation of Job Corps centers. The proposed rule is the same as the WIA regulation at 20 CFR 667.220 with a few exceptions. For clarification, fiscal agent responsibilities are now included in the list of enumerated administrative costs. Regions are also included in the list of entities that can incur administrative costs, consistent with sec. 106 of WIOA. The Department made these enhancements because services can be integrated and streamlined through regions that may cross geographical boundaries or local economic areas. Additionally, the section refers to "contractors" instead of "vendors" to be consistent with the Uniform Guidance, which replaces vendor with contractor and defines "contractor" at 2 CFR 200.23.
Proposed § 683.215(c) describes some activities that can be administrative, programmatic, or both, depending on whether the underlying functions which they support are classified as programmatic or administrative. These include costs of activities such as information systems development and operation, travel, and continuous improvement. For example, the costs of developing an information system, which serves both administrative functions, and the tracking and monitoring of participants, would be allocated between program costs and administrative costs in proportion to the use of the system for each intended purpose.
On the other hand, preparing program-level budgets and program plans are classified as program costs. The negotiation of MOUs and one-stop infrastructure agreements, and certifications of one-stop centers are also program costs, because they build or support the one-stop delivery system and services to participants.
The Department welcomes comments regarding whether it is more advantageous to issue the proposed list of administrative costs in § 683.215(b) as a regulation, or to provide a general description of administrative costs similar to the definition in sec. 3(1) of WIOA and provide a rationale for why such an approach is advantageous. The Department also seeks comment on whether this list will need to be flexible, and subject to review and change periodically, or whether it is anticipated to be stable. Additionally, the Department seeks comment as to whether indirect costs should be included as programmatic or administrative.
Finally, proposed § 683.215(d) requires entities to make efforts to streamline administrative services and reduce administrative costs by minimizing duplication and effectively using information technology to improve services. The Department expects that streamlining the administration of the program will minimize duplication of multiple systems at different levels of grant administration so that more funds will be available for program activities.
This proposed new section describes the internal controls that recipients and subrecipients must install and have in place when expending WIOA and Wagner-Peyser Act funds, and is based on 2 CFR 200.303. The controls include having a structure and policies in place to protect personally identifiable and sensitive information, including information that the Department considers to be sensitive, and providing reasonable assurances that the recipient or subrecipient is managing the award in compliance with Federal law and the terms of the award, complying with Federal law and the conditions of the award, evaluating and monitoring the recipient's or subrecipient's compliance with Federal law and award terms, and taking prompt action when noncompliance is identified. The internal controls must meet the Committee of Sponsoring Organizations of the Treadway Commission (COSO) framework. The framework established has been used in the private sector for numerous years and provides standards to achieve reasonable assurance in the achievement of the following: Effectiveness and efficiency of operations; reliability of financial reporting; compliance with applicable laws and regulations; and safeguarding of assets. Complying with the internal control requirements will increase accountability and transparency in the use of WIOA and Wagner-Peyser Act funds. Through past monitoring and oversight, the Department discovered that some grantees did not have the tools or access to resources to build a strong internal control structure. The Department will work with States and discretionary grantees to provide tools and assistance to achieve better results through its internal control structure. Direct grant recipients must assist their subrecipients in achieving an internal control structure framework consistent with 2 CFR part 200 and COSO.
This proposed section specifies the requirements of the Military Selective Service Act for programs and activities authorized under title I of WIOA and found in sec. 189(h) of WIOA. This proposed section is substantively the same as the WIA regulation at 20 CFR 667.250.
This proposed section addresses the laws governing the determination of eligibility for veterans and their spouses for WIOA funded services with income qualification requirements. The parameters for the exclusion of certain income from the eligibility determination process are outlined in this section. This section also states that the same method of excluding certain income of veterans must also be used when a local area imposes a priority of service threshold when funding for program services is limited.Start Printed Page 20750
This proposed section is different from the WIA regulations at 20 CFR 667.260. It is based on the requirements in the Uniform Guidance at 2 CFR 200.439(b)(3). The proposed text states that WIOA title I funds must not be spent on construction, purchase of facilities or buildings, or other capital expenditures for improvements to land or buildings except with prior approval of the Secretary. Under the statute, WIOA title I funds can be used for construction only in limited situations, including meeting obligations to provide physical and programmatic accessibility and reasonable accommodations, certain repairs, renovations, alterations, and capital improvements of property, and for disaster relief projects under WIOA sec. 170(d), YouthBuild programs under WIOA sec. 171(c)(2)(A)(i), and for other projects that the Secretary determines necessary to carry out WIOA, as described by under sec. 189(c) of WIOA. The proposed regulatory text is meant to include all these situations, but not offer an exclusive list to ensure that the Secretary is able to use the funds for construction in any situation where it might be necessary.
The proposed section provides rules on State Employee Security Act (SESA) properties, Reed Act-funded properties, and JTPA-funded properties. The proposed section provides guidance on these different properties because the use of these properties can play an integral part in WIOA's intent to align Federal investments to support jobs seekers and employers. Such efforts are not only achieved through strategic coordination among one-stop partners, but through physical presence at offices in the one-stop delivery system. Many buildings that have existing Federal equity currently house Wagner-Peyser programs, and it seems logical to use these facilities as American Job Centers if they are accessible and available and can support the requirements for colocation outlined in proposed §§ 678.310 through 678.320. Properties with Reed Act equity may also play a role in the American Job Center System. Lastly, the Department is aware that many local workforce development areas that were previously known as service delivery areas (SDAs) continue to be used as facilities for WIA programs, and they should continue to be used for the one-stop delivery service system under WIOA. The Department welcomes feedback on these provisions. Making use of these properties for the one-stop delivery system in accordance with statutory requirements will maximize the investments already made in these buildings and help to achieve the goals of WIOA.
With respect to Federal equity in SESA properties, the proposed section restates the requirements of sec. 192 of WIOA, and explains that Federal equity acquired in real property through grants to States awarded under title III of the SSA or the Wagner-Peyser Act is transferred to the States that used the grant to acquire the equity. The portion of the real property attributable to the Federal equity transferred must be used to carry out activities authorized under WIOA, title III of the SSA, or the Wagner-Peyser Act. When the property is no longer needed to carry out those activities, the States are directed to request disposition instructions from the Grant Officer. Proceeds from the disposition must be used to carry out activities authorized under WIOA, title III of the SSA, or the Wagner-Peyser Act.
The statutory limitation in sec. 192(b) of WIOA is provided as well. States are not permitted to use funds awarded under WIOA, title III of the Social Security, or the Wagner-Peyser Act to amortize the costs of the real property that is purchased by any State after February 15, 2007.
The Department has also included the new requirement from sec. 121(e)(3) of WIOA and sec. 3(d) of the Wagner-Peyser Act that properties occupied by Wagner-Peyser ESs be collocated with one-stop centers.
With respect to Reed Act-funded properties, the proposed rule states that properties with Reed Act equity may be used for the one-stop delivery system to the extent that the proportionate share of Reed Act equity is less than or equal to the proportionate share of occupancy by the Wagner-Peyser and UC programs. However, subject to conditions specified in sec. 903(c)(2) of the SSA and any appropriations limitations, a State is permitted, at its discretion, to use Reed Act funds for "the administration of its UC law and public employment offices." When the property is no longer needed for these activities, the State must request disposition instructions from the Grant Officer prior to sale. Because Reed Act funded properties are different than other Federal equity properties, disposition instructions will include a requirement to return the funds attributable to the Reed Act equity to the State's account in the Unemployment Trust fund. See discussion in TEGL 3-07 "Transfer of Federal Equity in State Real Property to the States." It is expected that additional guidance will be issued to update the guidance contained in TEGL 3-07, which will include instructions on the handling of such properties when considering colocation of Wagner-Peyser, as required in sec. 121(e)(3) of WIOA and sec. 3(d) of the Wagner-Peyser Act (as added by the amendments in title III of WIOA).
For JTPA funded properties, the proposed rule states that real property that was purchased with JTPA funds and transferred to WIA, is now transferred to the WIOA title I programs and may be used for WIOA purposes. It is the Department's position that the Federal equity remains with the property while in use. Many properties that were purchased with JTPA funds continue to be locations that house and serve individuals and staff persons under WIA, and as such, those same buildings must continue to be used for the purposes of WIOA. If JTPA properties that were being used for WIA activities will not be used for WIOA programs, disposal of the property must occur. When the real property is no longer needed for the WIOA activities, the recipient must seek instructions from the Grant Officer prior to disposition or sale. A subrecipient would seek instructions from the State. Such instructions must be consistent with 2 CFR part 200. The Department welcomes any feedback from the workforce development system that promotes the use of these properties and streamlines the disposition process.
This proposed section implements sec. 181(e) of WIOA, which restricts the use of WIOA funds for employment generating activities except where the activities are directly related to training for eligible individuals. The proposed section states that employer outreach and job development activities are considered to be directly related to training for eligible individuals, and it lists a number of examples of acceptable activities. The section also describes the conditions in which WIOA funds can be used for employer outreach.
This proposed section describes other activities that are expressly prohibited Start Printed Page 20751in title I of WIOA, including foreign travel paid for by WIOA formula funds (sec. 181(e) of WIOA) payment of wages of incumbent workers participating in economic development activities (sec. 181(b) of WIOA), contracts with persons falsely labeling products as made in America (sec. 502(c) of WIOA), and others.
This proposed section describes the limitations related to using WIOA funds to support religious activities, including the preclusion on employment of participants for the construction, operation, or maintenance of facilities used for sectarian purposes or worship, which is contained in sec. 188(a)(3) of WIOA. This section also references 29 CFR part 2, subpart D, which describes other limitations in detail, along with certain exceptions. This proposed section contains similar requirements as the WIA regulations at 20 CFR 667.266.
This proposed section describes the prohibitions on the use of WIOA title I funds to encourage business relocation, including specific timeframes when entities can begin working with such businesses. This section also describes the States' obligation to develop procedures to implement these rules. These provisions implement the requirements of sec 181(d) of WIOA. This proposed section contains the same requirements as the WIA regulations at 20 CFR 667.268.
This proposed section lists the provisions that provide for sanctions resulting from the violation of §§ 683.235-260.
This proposed section outlines conditions and safeguards to ensure that any WIOA title I participant does not displace an existing employee by participating in a WIOA title I program or activity. It also states that an employee can file a complaint alleging displacement. Section 181(b)(2) of WIOA did not change the WIA displacement requirements at sec. 181(b)(2) of WIA. Accordingly, this regulation is unchanged from the WIA regulation at 20 CFR 667. 270.
This proposed section describes the wage and labor standards that apply to WIOA title I participants, including the requirements under the Federal Fair Labor Standards Act (FLSA) and State and local minimum wage laws. The regulation is unchanged from the WIA regulations at 20 CFR 667.272, except that it includes two additional provisions from sec. 181 of WIOA. The first is that the reference to the FLSA minimum wage requirement does not apply to territorial jurisdictions in which the minimum wage requirement does not apply (WIOA sec. 181(a)(1)(B)), and the second is that WIOA title I funds must not be used to pay the wages of incumbent employees during their participation in economic development activities provided through a statewide workforce delivery system (WIOA sec. 181(b)(1)). This requirement is also found in proposed § 683.250(a)(1), but it is included here as well to give a complete list of the wage standards that apply to WIOA participants.
The proposed section explains what health and safety standards and workers compensation laws apply to WIOA title I participants. The standards in WIOA are the same as those in WIA, so the regulation is unchanged from the WIA regulation at 20 CFR 667.274.
This proposed section describes the nondiscrimination, equal opportunity, and religious activities requirements that recipients, as defined in WIOA sec. 188 and at 29 CFR part 37, must adhere to when using WIOA title I funds. WIOA did not change these requirements, so the proposed section contains the same requirements as the WIA regulation at 20 CFR 667.275, with a few exceptions. Accordingly, paragraph (a)(1) of the proposed rule refers to "Job Corps contractors," instead of "vendors," to conform with 29 CFR part 37. Additionally, proposed § 683.285(a)(4) implements sec. 188(a)(4) of WIOA, which prohibits discriminating against an individual because of that person's status as a WIOA title I participant. Proposed § 683.285(a)(5) also implements the requirement at sec. 188(a)(5) of WIOA that participation in WIOA title I programs and activities be available to citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylees, and parolees, and other immigrants authorized by the Attorney General to work in the United States. Finally, the proposed section includes the Wagner- Peyser program as an example of a Department program that is covered by 29 CFR part 2, subpart D.
This proposed section implements the requirements of sec. 194(15) of WIOA related to salary and bonus restrictions that apply to recipients or subrecipients. Although the statute applies the restrictions to WIOA title I funding, the Department expanded application to Wagner-Peyser Act recipients and subrecipients. The appropriations acts for the last 9 years (Pub. L. 109-234 June 15, 2006) have applied the limitation to all ETA-funded programs; thus, interpreting the provision as applying to Wagner-Peyser funded activities is appropriate. Additionally, it is the Department's policy to ensure that funding is directed to substantive workforce employment and training activities to the greatest extent possible, rather than to administrative costs.
The proposed section restates the WIOA statutory provisions. Specifically, it prohibits recipients and subrecipients from paying the salary and bonuses of an individual, either as direct or indirect costs, at a rate in excess of the annual rate of basic pay prescribed for level II of the Executive Schedule under 5 U.S.C. 5313. Additionally, the limitation does not apply to contractors providing goods and services as defined in OMB's Uniform Administrative requirements (which supersedes OMB Circular A-133 cited in the statute). The Department has used the term "contractors" instead of the statutory term "vendor" to be consistent with the term used in the Uniform Guidance. The proposed rule also explains the provision at WIOA sec. 194(15)(B) that a State may establish a lower limit for salaries and bonuses.
Finally, the Department has provided direction for scenarios in which an employee may be funded by various Start Printed Page 20752programs or work for multiple offices. If funds awarded under title I of WIOA or the Wagner-Peyser Act pay only a portion of the employee's salary or bonus, the WIOA title I or Wagner-Peyer Act funds may only be charged for the share of the employee's salary or bonus attributable to the work performed on the WIOA title I or Wagner-Peyser Act grant. That portion cannot exceed the proportional Executive level II rate. This restriction applies to the sum of salary and bonus payments made to an individual whether they are charged as direct costs or indirect costs under title I of WIOA and Wagner-Peyer. When an individual is working for the same recipient or subrecipient in multiple offices that are funded by title I of WIOA or the Wagner-Peyser Act, the recipient or subrecipient must ensure that the sum of the individual's salary and bonus payments does not exceed the prescribed limitation. These clarifications will help to ensure that WIOA and Wagner-Peyser Act funds are not overcharged for salary and bonus payments and that there are no "loopholes" in applying the limitation.
This proposed section addresses earning profit under WIOA. As the network of training services and one-stop operators has changed over the years, the Department is including the proposed section to address working with for-profit entities and the earning of profit by these entities. Proposed § 683.295(a)(2) includes a requirement for grants and other Federal financial assistance awarded under secs. 121(d) and 134(b) of WIOA, which states that where a Federal financial assistance award authorizes one-stop operators, service providers, or ETPs to earn profit, the pass through entity must follow 2 CFR 200.323 to ensure that the entities' charges are reasonable and fair. The requirement in 2 CFR 200.323 that profit be negotiated as a separate element of the price will provide greater transparency as to the amount of profit earned by for-profit entities whether they are subrecipients or subcontractors. This paragraph (a)(2) describes an exception to the general rule that for-profit entities acting under a contract are allowed to earn profit. When the for-profit entity is a recipient of a grant or other Federal financial assistance, the entities will now be covered by the Uniform Guidance rather than the Federal Acquisition Regulations. The general rule, for when for-profit entities are working as contractors, is included in proposed § 683.295(a)(3). The paragraph notes that the profit is allowable provided that the contractor abides by the requirements of 2 CFR 200.323. Proposed § 683.295(b) states that for programs authorized by other sections of WIOA, profit will be prohibited unless authorized by the terms and conditions of the Federal award.
This subpart provides guidance for reporting that will promote transparency and accountability at the grant recipient level. With today's demand for data in an open and transparent environment, the Federal government meets the challenges with initiatives such as the Digital Accountability and Transparency Act, requiring the Department to open access to data and use common data metrics. Performance and financial data, when made available, can lead to innovation. Not only does the Secretary seek to employ fresh and innovative approaches in serving job seekers and employers, the Department wants to utilize our resources and reporting portals to provide to the public visualizations rich in data and metrics to assist in better understanding of the employment environment. It is the Department's intent to use data collected from the financial, performance, and annual reports to empower our workforce system while providing transparency and accountability to our stakeholders. This subpart seeks to promote the government's initiative to manage information as an asset to increase operational efficiencies, reduce costs, improve services, support mission needs, safeguard personal information, and increase public access. One way to promote this initiative is through the collection and transmission of data, using machine readable formats whenever possible. To safeguard personally identifiable information, recipients and subrecipients must limit the collection and transmission of such data and use encrypted transmission software. To increase operational efficiencies and reduce costs, the Department and its grantees work together to find solutions that allow for the streamlining of reporting and the reduction of duplication of systems and efforts. The Department's existing financial expenditure form (ETA-9130) will be modified to reflect new reporting requirements. The Secretary will issue additional guidance on this topic.
To continue with efforts for accountability and transparency as well as to provide data to our stakeholders, the Department requires its recipients to submit financial and performance reports, as well as an annual performance report. The data contained in these reports must be generated and processed in formats that are compatible with other commonly used data systems and be in machine readable formats. This proposed section specifies the reporting requirements for grant recipients and the deadlines for such reports. This section also sets forth recipients' responsibility to collect data from subrecipients. Pargraphs (b), (d), and (e) separately describe the performance reporting requirements for the core programs under sec. 116 of WIOA and part 677 and other grant programs authorized under title I of WIOA.
This proposed subpart addressees the oversight and resolution responsibilities of the Department and grant recipients of WIOA funds. Oversight and monitoring is a valuable tool in effectively managing grants and this subpart emphasizes the need for careful application of these requirements by the Department and by recipients.
Oversight. These regulations which provide for oversight and resolution responsibilities of the Department and its grant recipients are an important part of the Department's overall strategy to improve grant administration and to promote the vision of WIOA. As in WIA, States will review their subrecipients and validate their compliance with the Uniform Guidance on an annual basis and certify compliance to the Secretary every 2 years. The States and grant recipients must also install a monitoring system that meets the requirements of the Uniform Guidance and includes the examination of such items as performance, program goals, non-discrimination, conflict of interest, and mandatory disclosures.
Resolution. The resolution of findings that arise from audits, investigations, monitoring reviews, and the Grant Officer resolution process is specified in this proposed subpart. It also provides clarification on the effect of the Uniform Guidance on the resolution process at the subrecipient level. When action to resolve findings is inadequate, the Department will take additional action Start Printed Page 20753against the State or other direct grant recipient to reach resolution. Such action will include the Grant Officer resolution process, including the initial and final determination process, as described in proposed § 683.440.
This proposed section identifies the requirements of the Department in performing oversight and monitoring of its grant recipients and of the Department's grant recipients' responsibility for subrecipients. Proposed § 683.400(c) describes the requirements WIOA has placed on the States to create a monitoring system for their subrecipients. Proposed paragraph (d) also requires the retention of evidence related to monitoring functions and resolution actions. This section also covers the new requirements under the Uniform Guidance which requires an examination of recipient and subrecipient non-discrimination and conflict of interest policies, mandatory disclosures of all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award.
This proposed section defines the roles and areas in which oversight must be conducted by the recipients and subrecipients, including ensuring compliance with relevant rules and developing a monitoring system. Proposed paragraph (b) of the section also discusses a number of requirements for the States' monitoring systems and the Governor's biannual certification. The Department has always placed significant emphasis on monitoring as a tool in providing effective grants managements and this emphasis is further supported by the inclusion of monitoring in the Uniform Guidance. Monitoring and oversight also helps in identifying technical assistance needs, areas for improvement, and best practices.
Proposed § 683.420(a) describes the steps and procedures that must be taken by grant recipients to resolve findings at the subrecipient level. For formula funds, sec. 184(a) of WIOA requires States to use the procedures they have in place for other Federal grant programs or, in the absence of such procedures, write standards for this program. Paragraph (a)(2) states that non-formula grant recipients must have written monitoring and resolutions procedures that adhere to the Uniform Guidance governing monitoring of subrecipients. All recipients must ensure that the rules governing the use of WIOA funds are being followed, including adherence to cost categories and cost limitations. Proposed § 683.420(b) also describes the processes the Department will use to resolve findings of its direct grant recipients, and proposed paragraph (c) describes the processes to resolve findings regarding the non-discrimination provisions in sec. 188 of WIOA.
This proposed section describes the actions the Secretary will take to resolve findings. This section also describes the process when the Grant Officer agrees that the recipient's actions are sufficient to resolve a finding and when they are not satisfactory. This proposed section implements the requirements of sec. 184(a)(7) of WIOA. Proposed § 683.430(b) states that audits from 2 CFR part 200 will be resolved through the Grant Officer resolution process described in proposed § 683.440.
This proposed section describes the Grant Officer's resolution process when dissatisfied with the actions taken by the grant recipient to resolve findings. This process involves the issuance of an Initial Determination followed by a period for informal resolution which allows the recipient to work with the Department to provide the necessary documentation or take certain action to reach a resolution. At the end of that period, the Grant Officer issues a Final Determination with findings listing any unresolved issues, establishing any debts, and listing required corrective actions, as well as offering the opportunity for a hearing. This process is unchanged from the process under WIA.
WIOA's Pay-for-Performance provisions were designed to provide flexibility at the local level in an effort to infuse the system with more innovation, improve results for participants, and reward providers who deliver outstanding results. This regulatory proposal builds on the Department's experience with innovations and evidence-based work funded under the Workforce Innovation Fund and other Federally authorized activities. Moreover, the statute authorizes States to use non-Federal funds to establish incentives for Local Boards to implement WIOA Pay-for-Performance contract strategies. We encourage States to adopt evidence-based approaches and innovate in the way they deliver services to participants in order to improve outcomes, and recognize that WIOA Pay-for-Performance contracting strategies, while still experimental, are one promising method to do so.
A performance-based contract is a contracting strategy that establishes specific benchmarks that must be achieved in order for the contractor to receive payment. The WIOA Pay-for-Performance contracts are a specific form of contracting that, as authorized by WIOA, have six distinct characteristics: (1) They must provide adult training services described in sec. 134(c)(3) of WIOA or youth activities described in sec. 129(c)(2) of WIOA; (2) they must specify a fixed amount that will be paid to the service provider based on the achievement of specified levels of performance on the performance outcomes in sec. 116(b)(2)(A) of WIOA within a defined timetable; (3) the performance outcomes achieved must be independently validated using high-quality, reliable, and verified data; (4) outcomes must be reported in accordance with sec. 116(d)(2)(K) of WIOA; (5) pursuant to sec. 3(47)(A) of WIOA, bonuses may be built into WIOA Pay-for-Performance contracts so long as such bonuses are used to expand the contractor's capacity to provide effective training; and (6) there may be an extended period of availability to expend funds under Pay-for-Performance contract strategies. Additionally, the funds obligated for WIOA Pay-for-Performance contract strategies are limited to 10 percent of the total of the local adult and dislocated worker allotments provided under sec. 133(b) of WIOA, and 10 percent of the local youth allotment provided under sec. 128(b) of WIOA.
The WIOA Pay-for-Performance contract strategy is one of several innovative strategies WIOA adopts to place a higher emphasis on performance outcomes and provider accountability, drive better results, and incorporate rigorous evaluation and evidence-based practice into the delivery of workforce Start Printed Page 20754services. The Department intends to support this contracting approach by incorporating WIOA Pay-for-Performance into its WIOA performance reporting requirements for States in which local areas are adopting such a contracting approach.
The WIOA Pay-for-Performance contract strategy can benefit local areas, job seekers, and business customers when used to support interventions that have a high probability of success based on prior evidence; have measurable outcomes supported with authoritative data and strong evaluation methodologies; and are overseen by experienced managers that have flexibility to adjust their approach.
Given the heavy emphasis that WIOA Pay-For-Performance authorities place on outcome-based payment and independent validation, the quality of local area data and data systems should be of high enough quality to be able to (1) reliably and validly establish appropriate performance benchmarks for the target population, and (2) support independent validation of actual performance outcomes.
In particular, in order for these contracting mechanisms to work effectively and efficiently, they must incorporate measures to prevent or account for potential "creaming" by service providers, and strong data systems are essential to this function. The use of outcome data from comparison groups—substantially similar populations who are not receiving services through the provider—is one potential method to minimize creaming. Another potential method adopted by WIOA to address creaming is the use of a statistical adjustment model for (1) the establishment of performance targets, and (2) the adjustment of actual performance based on economic conditions and the characteristics of the participants. In either case, the use of valid and reliable baseline data will help to inform appropriate performance targets and that strong data systems are necessary to support this approach.
Additionally, it is important to engage in a feasibility analysis before engaging in a WIOA Pay-for-Performance contract, and that these analysis should be built into a WIOA Pay-for-Performance contract strategy. Such a feasibility analysis could include items like assessing the availability and quality of necessary data, including the source and cost of such data; determining the target population to be served; determining the availability of competent providers; whether any other additional professional services are required to support the execution of the contract; and reviewing other operational factors that would affect the feasibility of the contract.
The Department is soliciting comments on the appropriate strategies to implement different varieties of Pay for Performance contracts, including issues involving what components should be included in a Pay-for-Performance contracting strategy; what factors should be considered in a feasibility analysis; which entities should be eligible to enter into these contracts; how different varieties of contracts should be structured; how to best establish baseline performance information for target populations served; how best to prevent or account for creaming; the best methods to account for the relative and absolute risk to government, the contractor, and other stakeholders when setting payment terms; how best to balance the total cost to government against bonus and incentive payments included in the contract and potential outcome improvements for participants; how comprehensive services can be provided in a Pay-for-Performance contract context; and how to facilitate the participation of small service providers.
Because of the requirements contained in statute, the Department is considering how best to incorporate reporting into performance and fiscal information collection requests, which will be included in the performance and fiscal PRA packages, or whether a separate information collection is needed. We welcome comments regarding the burden of additional reporting requirements, such as specifics about local areas utilizing pay-for-performance contract strategies; the service providers, the amount of contracts, duration, and monitoring and evaluation findings. The Department expects to put performance and implementation requirements in place in the future.
This proposed section describes the components of a WIOA Pay-for-Performance contract strategy and describes WIOA Pay-for-Performance contract as a specific type of performance-based contract. It draws a distinction between the WIOA Pay-for-Performance contract itself and the broader goals and strategies surrounding it, which are the contracting strategy.
Local area WIOA Pay-for-Performance contract strategies must include: (1) Identification of the problem space and target populations for which a local area will pursue a WIOA Pay-for-Performance contract; (2) the outcomes the local area would hope to achieve through a Pay-for-Performance contract relative to baseline performance; (3) the acceptable cost associated with implementing such a strategy; (4) a feasibility study to determine whether the service delivery strategy to be funded is suitable for a WIOA Pay-for-Performance contracting strategy; (5) independent validation of the performance outcomes achieved under each contract within the strategy prior to payment occurring; and (6) a description of how the local area will reallocate funds to other activities under the contract strategy in the event a service provider does not achieve performance benchmarks under a WIOA Pay-for-Performance contract.
The Department will issue additional guidance to both State and local areas on the development of the broader Pay-for-Performance contract strategy, including the scope and minimum requirements of the required feasibility study.
This proposed section defines the requirements associated with a WIOA Pay-for-Performance contract, which would be awarded under a WIOA Pay-for-Performance contract strategy.
Paragraph (a) identifies a WIOA Pay-for-Performance contract strategy as a type of performance-based contract. A performance-based contract is a contracting mechanism that establishes specific benchmarks that must be achieved in order for the contractor to receive payment. Performance-based contracting in general is defined and discussed in subpart 37.6 of the Federal Acquisition Regulation.
Paragraph (b) articulates that WIOA Pay-for-Performance contracts can only be used when they are part of a broader WIOA Pay-for-Performance Contract Strategy described in § 683.500.
To be consistent with past practice and with the Uniform Guidance at 2 CFR part 200, proposed paragraph (c) prohibits the use of cost-plus percentage contracts in WIOA Pay-for-Performance contracts.
The specifications in proposed paragraphs (d) through (f) regarding eligible service providers, structure of payments, target populations, and program elements are derived directly from the statute, at WIOA secs. 3(47), 129(c)(1)(D), 129(c)(2), 134(c)(3), and 134(d)(1)(iii). Proposed paragraph (e) specifically requires that the performance elements that must be included in any WIOA Pay-for-Start Printed Page 20755Performance contract are the primary indicators of performance described in sec. 116(b)(2)(A) of WIOA and further defined in proposed § 677.155. These include:
i. The percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program;
ii. the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program;
iii. the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program;
iv. the percentage of program participants who obtain a recognized post-secondary credential, or a secondary school diploma or its recognized equivalent (subject to sec. 116(b)(iii) of WIOA), during participation in or within 1 year after exit from the program;
v. the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized post-secondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; and
vi. the indicators of effectiveness in serving employers established pursuant to sec. 116(b)(iv) of WIOA.
Proposed paragraph (h) states that under WIOA Pay-for-Performance contracts, bonus payments and/or incentive payments are authorized to be paid to the service providers who enter into the WIOA Pay-for-Performance contracts. Such bonus payments must be used to expand the contractor's capacity to provide effective training. These payments are authorized by sec. 3(47)(A) of WIOA. Incentive payments must be consistent with incentive payments for performance-based contracting as described in the Federal Acquisition Regulation. WIOA Pay-For-Performance contracts may also utilize positive and negative incentives to other forms of performance-based contracts. To be consistent with performance-based contracting and in alignment with WIOA Pay-for-Performance contract characteristics, such as recognizing high performers and providing boards with flexibility to make adjustments, incentive payments should be based on the total and relative amount of risk incurred by the service provider or contractor versus that incurred by the local area or other stakeholders.
Because the Department is responsible for reporting on local outcomes annually to Congress, as well as providing recommendations for improvements in and adjustments to WIOA Pay-for-Performance contract strategies, proposed paragraph (i) requires specific reporting by the local areas to the State regarding the performance outcomes achieved by the service providers that enter into WIOA Pay-for-Performance contracts. Additionally, proposed paragraph (j) requires independent validation of a contractor's achievement of performance benchmarks under a WIOA Pay-for-Performance contract, as required by sec. 3(47)(B) of WIOA, and requires that this validation be based on high-quality, reliable, and verified data. The Secretary will issue guidance related to standards for independent evaluation as part of its Pay-for-Performance guidance to States and local areas.
Paragraph (k) indicates that the Secretary may issue additional guidance related to use of WIOA Pay-for-Performance contracts.
Under WIA, many Workforce Development Boards utilized elements of performance-based contracts with training providers. These contracts incorporated performance outcomes that contractors were required to meet to obtain payment. However, these contracts did not contain required elements of a WIOA Pay-for-Performance contract articulated in this section. The Department encourages local areas to refocus these traditional performance-based contracts to place an emphasis on the contractor achieving outcomes like participants obtaining and retaining good jobs, rather than outputs like the number of people served. Also, the provision for the inclusion of bonus payments is limited to WIOA Pay-For-Performance contracts. Contracts that are not executed under the WIOA Pay-For-Performance contracting authority may continue to include performance incentives, either positive or negative or both, in compliance with the Federal Acquisition Regulation. Workforce Development Boards may continue to use performance-based contracts that are not WIOA Pay-for-Performance contracts. The 10 percent limitation provisions in secs. 129(c)(1)(D) and 134(d)(1)(A)(iii) of WIOA only apply to WIOA Pay-for-Performance contract strategies, including WIOA Pay-for-Performance contracts.
This proposed section restates the WIOA requirements that funds allocated under secs. 133(b)(2) and (3) of WIOA can be used for WIOA Pay-for-Performance contract strategies providing adults and dislocated worker training, and funds allocated under sec. 128(b) of WIOA can be used for WIOA Pay-for-Performance contract strategies providing youth activities. No more than 10 percent of the total local adult and dislocated worker allotments can be expended on the implementation of WIOA Pay-for-Performance contract strategies for adult training services described in sec. 134(c)(3) of WIOA. No more than 10 percent of the local youth allotment can be expended on the implementation of WIOA Pay-for-Performance contract strategies for youth training services and other activities described in secs. 129(c)(1) and (c)(2) of WIOA. There is no limit on the use of funds for typical performance-based contracts, as defined in the Federal Acquisition Regulation. The 10 percent limits apply only to those performance-based contracts that are WIOA Pay-for-Performance contract strategies as defined above.
Section 189(g)(2)(D) of WIOA specifies that funds used for WIOA Pay-for-Performance contract strategies are available until expended. This allows local areas to structure contracts that include time-intensive service delivery strategies and/or that structure payments based on outcomes that may take longer to achieve, measure, and validate than the typical 2-year funding availability of local area funds. Funds that are obligated but not expended due to contractor not achieving the levels of performance specified in a WIOA Pay-for-Performance contract may be reallocated for further activities related to WIOA Pay-for-Performance contract strategies only. This also allows the local area to realize one of the benefits of performance-based contracting strategies—the local area does not pay a financial penalty for contracted services that do not achieve the stated outcomes. This provision gives the local area the discretion to choose whether to use the funds for these strategies, and if the local area so chooses, the funds will remain available until expended. This will require new grant management practices for local areas that choose to carry out WIOA Pay-for-Performance strategies. The Department will issue guidance to explain these new practices and we welcome comments with suggestions on how to maximize the use of these contract strategies and the expanded availability of the funds.Start Printed Page 20756
This proposed section describes both allowable and required State activities related to WIOA Pay-for-Performance contract strategies. The section indicates that States may provide technical assistance to local areas, including assistance with structuring WIOA Pay-for-Performance contracting strategies, performance data collection, meeting performance data entry requirements, and identifying levels of performance. This technical assistance can help local areas move forward in using this contracting strategy. Additionally, the State may either conduct evaluations of such strategies and/or provide technical assistance to locals regarding the importance of evaluation of Pay-for-Performance contract strategies. The State and local areas may conduct their own evaluations of the WIOA Pay-for-Performance contracts, or procure an independent evaluator. The Department welcomes comments regarding use of independent evaluators and whether the cost of such evaluations is feasible within the amount of funds available to local areas for pay-for-performance contracts. The Department also seeks comments on how the Department might facilitate local areas' ability to conduct evaluations. Further, sec. 116(h) of WIOA authorizes States to use non-Federal funds to incentivize use of WIOA Pay-for-Performance contract strategies for the delivery of training services or youth activities by Local Boards.
This section also identifies required activities States must undertake if a local area implements at WIOA Pay-for-Performance contract strategy. Because of the unique reporting requirements in sec. 116(d)(2)(K) for WIOA Pay-for-Performance contracts, the performance section of this proposed rule, as well as the forthcoming Information Collection Request package, will clearly articulate the State's responsibility to track and report data on the primary indicators of performance as well as the State and local evaluations of the design of the programs and performance of WIOA Pay-for-Performance contract strategies and, where possible, the level of satisfaction with the strategies among employers and participants benefitting from the strategies.
The State must also monitor local areas' use of WIOA Pay-for-Performance contracts to ensure compliance with the following: The required elements listed in § 683.500, the contract specifications in § 683.510, State procurement policies, the 10 percent limitations, and achievement of performance benchmarks.
This subpart provides regulations governing the grievance, complaint, and appeals procedures that apply at the State and local level and to discretionary grantees under WIOA, as well as appeals to the Secretary. Providing clear rules for resolving complaints and filing appeals promotes transparency and fairness, which are fundamental requirements of the workforce investment system grant process. Included are rules governing the appeals of local area non-designation, denial or termination of training provider eligibility, and appeals of formula program participants who are tested or sanctioned for the use of controlled substances. Appeals of the Governor's imposition of sanctions for substantial violations of fiscal or other substantive requirements or performance failures under WIOA title I are also addressed. Finally, this subpart explains the process of reporting information and complaints involving criminal fraud, waste, abuse, or other criminal activity under WIOA.
This proposed section requires local areas, States, outlying areas, and direct grant recipients of WIOA title I funds to establish and maintain a procedure for grievances and complaints, including appeals as appropriate, and describes what the procedure much include, as required by WIOA sec. 181(c)(1). While this section of WIOA does not require outlying areas or direct grant recipients to establish such procedures, the Department has included them in this section to ensure that all participants receiving services under title I of WIOA have the same opportunity to report and receive relief from the negative actions of the WIOA funded grantees.
This proposed section also clarifies that allegations of violations of the non-discrimination provisions of WIOA are subject to the policies and procedures described in 29 CFR part 37, which is administered by the Department's Civil Rights Center, and that complaint and grievance procedures related to Job Corps are in part 686 of this title. This section retains the same requirements found at 20 CFR 667.600.
This proposed section describes the situations in which the Department will review allegations, and the procedures that the Secretary will use, that arise through local, State, and other direct recipient grievance procedures in accordance with WIOA sec. 184(c)(2). This section retains the same requirements found at 20 CFR 667.610.
This proposed section provides the requirements for reporting information and complaints involving non-criminal complaints and criminal fraud, waste, abuse or other criminal activity through the Department's Incident Reporting System to the Department's Office of the Inspector General. This section retains the same requirements found at 20 CFR 667.630.
This proposed section describes the processes and systems that a State must establish to hear appeals of: Entities that are denied initial or subsequent designation as a local area; training service providers that are denied eligibility as providers of training services; and WIOA title I subtitle B participants who are subject to testing or sanctions for the use of controlled substances. The section restates the WIOA appeal requirements in secs. 106(b)(5) (local area non-designation), 122 (training provider eligibility denial or termination); 181(f) (participant testing and sanctioning for use of controlled substances).
This proposed section describes the procedures that apply when a State Board denies an appeal for initial or subsequent designation of a local area made by a unit of local government or grant recipient under § 683.630(a). This section restates and implements the appeal requirements required by WIOA sec. 106(b)(5).Start Printed Page 20757
This proposed section describes the procedures that apply to appeals of the Governor's imposition of sanctions for substantial violations of fiscal or other substantive requirements of title I of WIOA or of performance failures by local areas.
While technical assistance, oversight, and monitoring are tools to ensure compliance with program and funding requirements, sanctions and corrective action plans are necessary where those tools fail. This subpart addresses sanctions and corrective actions, waiver of liability, advance approval of contemplated corrective actions, as well as the offset and State deduction provision. Of particular note in this subpart are the procedures for allowing a waiver of liability or an offset from other funds owed to the recipient. The statutory provisions are largely unchanged from those under WIA, though the Uniform Guidance has resulted in some changes to this subpart.
This proposed section describes the procedures and circumstances under which the Department will impose sanctions or take corrective actions, as described in sec. 184(b) and (e), against States, local areas, and grant recipients and subrecipients. For actions other than those under WIOA sec. 188(a), the process outlined in § 683.440 will be used before corrective actions or sanctions are taken against direct recipients. This section also gives the Grant Officer the authority to take direct action against local areas or other subrecipients, which will also be done using the process in § 683.440. This section also clarifies that the procedures described at 20 CFR part 677 will be used to impose a sanction or corrective action for a violation of sec. 116 of WIOA. This section generally implements sec. 184 of WIOA and retains the same requirements found at 20 CFR 667.700. The Department seeks comments on appropriate sanctions and corrective actions in a variety of circumstances.
This proposed section identifies the recipient as the responsible party for title I and Wagner-Peyser funds. For local areas receiving funds, this section explains how to identify the responsible party. Where a planning region includes two separate units of local government, the CEO of each unit of local government would be the responsible party. The general rule of recipient responsibility arises from the Uniform Guidance, while the rules pertaining to local areas come from WIOA sec. 184.
This proposed section requires the Governor to take corrective action and impose sanctions on a local area if it fails to comply with the requirements described in the section. This section also describes the local area's appeal rights and actions the Secretary may take if the Governor fails to monitor and certify local areas' compliance or promptly take corrective action to bring the local area into compliance. The requirements in this section are taken from WIOA sec. 184.
This proposed section permits a recipient to request a waiver of liability, and describes the factors the Grant Officer will consider when determining whether to grant the request. This provision implements sec. 184(d) of WIOA and retains the same requirements found at 20 CFR 667.720.
This proposed section describes the procedures which a recipient must use to request advance approval of corrective action from the Department. It describes the factors the Grant Officer will consider and when advance approval may be appropriate. This provision implements sec. 184(d) of WIOA and retains the same requirements found at 20 CFR 667.730.
This proposed section outlines the steps that must be taken in order for the Department to consider and allow an offset or deduction of a debt, including the offset rules for direct recipients and the rule for a State making a deduction from a subrecipient's PY allocation. This section implements the requirements of WIOA sec. 184(c)(2).
This subpart specifies those actions which may be appealed to the Department's Office of Administrative Law Judges (OALJ), and the rules of procedure and timing of decisions for OALJ hearings as well as the process for judicial review by a United States Circuit Court of Appeals. This subpart is similar to that currently in effect under WIA because the WIOA statute itself had only minor changes to the requirements in this subpart.
This proposed section outlines the actions that can be appealed through an Administrative Law Judge (ALJ) under WIOA sec. 186(a), including a determination to not award financial assistance or a corrective action or sanction against a recipient or subrecipient. This section describes the appeal deadlines and the contents that an applicant is required to include in its appeal request. Paragraph (e) states that these procedures also apply when parties fail to reach resolution through the process described in § 683.840.
This proposed section adopts the rules of procedure for hearings conducted before the OALJ found at 29 CFR part 18, with some clarifications. This section also describes the Secretary's subpoena authority under WIOA. Finally, this section sets forth the burdens of production and persuasion in hearings conducted under this subpart. Per paragraph (c), the grant officer has the initial burden of production, which is satisfied by the submission of an administrative file. After the grant officer submits the administrative file, the party seeking to overturn the Grant Officer's determination has the burden of persuasion. This section retains the same requirements found at 20 CFR 667.810.Start Printed Page 20758
This section, which applies to all discretionary grants issued under subpart D of title I of WIOA, specifies the remedies that an ALJ may award. Paragraph (a) applies to cases other than grant selection cases and is unchanged from the WIA regulation.
Paragraph (b) specifies the remedies for grant selection cases, and is largely drawn from the Senior Community Service Employment Program remedies provision found at 20 CFR 641.470. This section gives the Grant Officer discretion to ensure that project beneficiaries (i.e., an entity awarded financial assistance) will not be unduly negatively impacted by the implementation of remedies resulting from a grant selection appeal.
Proposed paragraphs (b)(1) and (2) state that upon receipt of an ALJ finding the application review process must be corrected or that an appealing entity should have been awarded funding, the Grant Officer will be required to take certain steps to determine whether the funding must be awarded to that entity. In determining whether the funds will be awarded to the appealing entity, the Grant Officer must take into account whether such a move would be in the interest of project beneficiaries and whether it would cause undue disruption to the participants and the program. In the event the Grant Officer determines that the appealing entity will not receive the funds, entities without an approved Negotiated Indirect Cost Rate Agreement (NICRA) will receive reasonable application preparation costs (under 2 CFR 200.460, for entities with an approved NICRA, application preparation costs may be included in their indirect cost pool and therefore are recouped from their indirect costs to other Federal grant awards). In the event that the Grant Officer determines that the appealing entity will receive the funds, that entity will only receive funds that have not yet been obligated by the current grantee.
Finally, the Grant Officer will provide notification to the current grantee within 10 days of its decision, and that the current grantee may appeal the Grant Officer's determination using the appeal procedures described in 20 CFR 683.800.
This section describes the timeframe in which an ALJ must make a decision to avoid any unnecessary delays. It also describes the parties' appeal rights, as stated in WIOA sec. 186(b).
This section describes the available alternative an entity may use to seek resolution other than a hearing process. The outcome of this process is considered the equivalent of the final decision of an ALJ. The purpose of this provision is to offer entities a less formal, less burdensome, and more interactive appeal process.
This section outlines the steps a party to a final order must take to obtain judicial review in a United States Circuit Court of Appeals of any decision made by the Secretary under WIOA sec. 184 or 186, as well as the deadlines for seeking review. This provision summarizes the requirements of WIOA sec. 187.
Because sec. 166 of WIOA retains many of the requirements of sec. 166 of WIA, the Department has drawn on the WIA regulations, found at 20 CFR part 668, in drafting the regulations for sec. 166 of WIOA. Consequently, many of the sections in this part retain the requirements found in their parallel sections of the WIA regulations. This preamble details the Department's reasons for changing any of the previous requirements under the WIA regulations on a paragraph by paragraph basis. However, some changes to the requirements under the WIA regulations affect so many paragraphs that they are noted in the introduction to the preamble instead of noting them every time that they occur.
First, proposed part 684 seeks to streamline the competitive process for awarding the Indian and Native American (INA) program grants. Section 166 of WIOA is unusual in that it requires both that grants be awarded through a competitive process and that grantees submit a 4-year plan (WIOA secs. 166(c) and 166(e)). Under the WIA regulations, the competition was separate from the plan. These WIOA regulations propose to streamline the grant award process to ease the administrative redundancy inherent in the WIA regulations. The Department will no longer designate grantees or require a notice of intent. Moreover, the proposed WIOA regulations have incorporated the 4-year plan into the competitive grant award process. The Department anticipates that these changes will help streamline the process for awarding grants. These proposed changes should result in less of an administrative burden on both applicants and the Department.
Additionally, although WIA had a 2-year grant cycle for grantees under sec. 166, WIOA has established a 4-year grant cycle (WIOA secs. 166(c) and 166(e)). Consequently, all references to the grant cycle or plan in the proposed WIOA regulations refer to a 4-year cycle or 4-year plan.
Finally, to ensure that the terms used to discuss the populations and entities that will be served, as described in sec. 166(d) of WIOA, are consistent throughout the proposed regulation, the Department proposes to define the term "INA" to mean American Indian, Native American, Alaska Native, and Native Hawaiian in proposed § 684.130. This term provides an efficient way to ensure inclusivity and consistency in this part.
Proposed § 684.100 describes the purpose of WIOA for the INA programs authorized by WIOA sec. 166.
Proposed § 684.100(a) retains the same requirements found in the WIA regulations at 20 CFR 684.100(a) except that § 684.100(a)(2) includes entrepreneurial skills as part of the purpose of the program in order to implement and carry out the entrepreneurial skills requirement in sec. 166(a)(1)(B) of WIOA.
Proposed § 684.100(b) describes the principle means of accomplishing the purpose described in § 684.100. Because the Department has determined that no substantial changes were necessary to implement WIOA, the proposed regulation retains the same requirements found in the WIA regulations at 20 CFR 668.100(b) with the exception that it references the principles of the Indian Self-Determination and Education Assistance Act (ISDEAA). This reference to the principles of the ISDEAA directly aligns with sec. 166(a)(2) of WIOA.Start Printed Page 20759
Proposed § 684.110(a) describes how the Department will administer the INA program. Because no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements as the WIA regulations at 20 CFR 668.120.
Proposed § 684.110(b) states that the Department will follow the Congressional declaration of policy set forth in the Indian Self-Determination and Education Assistance Act (ISDEAA), at 25 U.S.C. 450a, as well as the Department of Labor's American Indian and Alaska Native policies in administering these programs. These policies include DOL's "American Indian and Alaska Native Policy," dated July 29, 1998 and the "Tribal Consultation Policy" published in the Federal Register on December 4, 2012 (77 FR 71833). This is consistent with WIOA because WIOA sec. 166(a)(2) incorporates the principles of the ISDEAA and the other two policies are important works of guidance on consultation and coordination with INA parties.
Proposed § 684.110(c) and (d) describe the trust responsibilities of the Federal government and the designation of the Division of Indian and Native American Programs (DINAP) within ETA. Because the Department has determined that no changes were necessary to these regulations to implement WIOA, these proposed regulations retain the same requirements at 20 CFR 668.120(c) and (d).
Proposed § 668.120(e) describes the establishment of administrative procedures of the INA programs. 20 CFR 668.120(e) required that the Department utilize staff with a particular competence in this field for administration of the program. Although the Department is still committed to the utilization of competent staff, the proposed regulation does not retain this requirement as this language was not included in WIOA. The rest of the proposed regulation retains the same requirements at 20 CFR 668.120(e) because the Department has determined that no changes were necessary to implement WIOA.
Proposed § 684.120 describes the obligation the Department has in consulting with the INA grantee community in developing rules, regulations, and standards of accountability for INA programs. This proposed section retains the same requirements found in the WIA regulations at 20 CFR 668.130, except that it adds new language referencing the Department's tribal consultation policy, which was published in the Federal Register on December 4, 2012, and Executive Order (E.O.) 13175 of November 6, 2000, which requires Federal agencies to engage in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications and are responsible for strengthening the government-to-government relationship between the United States and Indian tribes. Section 166(i)(2) of WIOA states that the Secretary must consult with Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, and Native Hawaiian organizations in establishing regulations to carry out WIOA sec. 166 and develop a funding distribution plan for the INA program. In addition, sec. 166(i)(4)(A) of WIOA states that the Secretary must establish a Native American Employment and Training Council to facilitate consultation and provide advice on the operation and administration of the WIOA INA programs, including the selection of the individual appointed as the head of DINAP. While it is not specified in WIOA, by referencing the tribal consultation policy in this proposed section, the Department proposes that the consultation requirements referenced in WIOA must be coordinated with the Department's tribal consultation policy published in the Federal Register on December 4, 2012 and E.O. 13175 of November 6, 2000. However, the Department notes that although these consultation policies must be coordinated, they are also separate. The Native American Employment and Training Council represents all of the INA grantee community but it does not necessarily serve as the primary vehicle through which the Federal government fulfills its obligation to consult with tribes.
Proposed § 684.130 provides definitions to terms used in proposed part 684 that have not been defined in secs. 3 or 166 of WIOA or § 675.300 of these proposed regulations. Because the Department has determined that no changes were necessary to the definitions used in 20 CFR 668.150, we have retained those definitions as included in the WIA regulations without change. These include the definitions for the terms "DINAP," "Governing body," "Grant Officer," and "Underemployed." The Department has not retained the term "NEW" because it is not used in this proposed subpart. However, to provide additional clarity in these proposed regulations, the Department has included definitions for nine additional terms.
Alaska Native-Controlled Organization—This definition clarifies that an entity applying for WIOA sec. 166 funds as an Alaska Native-Controlled Organization must have a governing board in which 51 percent of the members are Alaska Natives, to ensure that entities that receive WIOA sec. 166 funds as an Alaska Native-Controlled Organization are comprised of representatives from the communities they serve.
Carry-In—The Department is providing a definition of carry-in to clarify our process at § 684.254(d) for reallocating funds unspent at the end of a PY. This definition is consistent with current practice and the process for reallocating funds is explained in more detail in the preamble for § 684.270(d).
High-Poverty Area—A definition of "high-poverty area" has been included to reflect the inclusion of the phrase in WIOA. Section 129(a)(2) of WIOA provides a special rule for the youth program that includes the term "high-poverty area" but does not define that term. This proposed part references sec. 129 of WIOA in implementing the youth INA program. Therefore the Department proposes to provide a definition for high-poverty area in these regulations. The Department has chosen to employ the American Community Survey 5-Year Data because it is the only source data that uniformly collects the income level of individuals across all geographic service areas in the United States.
Incumbent Grantee—This term is used in several places in the regulations including the regulations that define which entities are eligible to apply for a WIOA sec. 166 grant. Therefore the Department is providing a definition to Start Printed Page 20760make clear which entities are considered incumbent grantees as referred to in the regulations.
INA—Throughout proposed part 684, the Department refers to American Indians, Native Americans, Alaska Natives, and Native Hawaiians. To ensure consistency and inclusiveness the Department decided to use a single term, INA, when referencing all four groups.
Indian-Controlled Organization—This definition clarifies the qualifications for an organization to be an Indian-Controlled Organization and is intended to ensure that entities that receive WIOA sec. 166 funds as Indian-controlled entities are comprised of representatives from the communities they serve.
Native Hawaiian-Controlled Organization—This definition clarifies that an entity applying for WIOA sec. 166 funds as a Native Hawaiian-controlled organization must have a governing board in which 51 percent of the members are Native Hawaiians. The purpose is to ensure that entities that receive WIOA sec. 166 funds as a Native Hawaiian entity are comprised of representatives from the communities they serve.
Total Funds Available—This term is used in the definition of carry-in. The Department is providing a definition to clarify what is meant by total funds available as it affects the amount of carry-in a grantee may have and whether such carry-in is considered excessive. Available funds do not include carry-in funds. This definition is consistent with current practice and the process for reallocating funds is explained in more detail in the preamble for § 684.270(d).
Proposed § 684.200(a)(1) establishes the eligibility requirements to apply for a WIOA sec. 166 grant. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements found at the WIA regulations at 20 CFR 668.200(a)(1), except that we have required that all members of a consortium must be one of the listed entities to insure the input, authority, and autonomy of the INA entities listed in sec. 166(c) of WIOA. To be eligible, entities must also meet the requirements of § 684.200(c); § 684.200(a) just provides further detail about the legal shape eligible entities might take. For example, the application for a tribe might be submitted by the tribal government. Additionally, a non-profit might be an Indian-controlled organization.
Proposed § 684.200(a)(2) describes a $100,000 minimum funding award amount that is required in order to receive a WIOA sec. 166 grant. There is an exception for INA grantees participating in the demonstration program under Public Law 102-477; under this exception, if all resources to be consolidated under Public Law 102-477 total $100,000, only $20,000 must be derived from sec. 166 funds. Under proposed § 684.200(a)(2), there is no exception to the requirement that at least $20,000 of all resources to be consolidated under Public Law 102-477 must be derived from WIOA sec. 166 funds. Awards for less than $20,000 do not provide sufficient funds to effectively operate an employment and training grant. Therefore, under WIOA, all sec. 166 funding awards must be equal to or greater than $20,000 in order to apply for a grant under Public Law 102-477 except for incumbent Public Law 102-477 grantees that are receiving WIA funding as of the date of implementation of WIOA. These grantees will be grandfathered into the program because the advantage of requiring these grantees to meet the $20,000 minimum does not outweigh the advantages of allowing these grantees to continue with programs that have already been approved.
Proposed § 668.200(b) describes the types of entities that may make up a consortium. The proposed section requires that each member of a consortium meets the requirements. To ensure that all INA grantees sufficiently represent the interests of the INA community, the Department has decided to require that every member of a consortium must meet the requirements at proposed § 668.200(a).
Proposed § 684.200(b)(1) through (3) describe the requirements for entities to apply for WIOA sec. 166 funds as a consortium. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements found at 20 CFR 668.200(b)(1) through (3).
Proposed § 684.200(c) describes the entities that are potentially eligible to receive WIOA sec. 166 funds. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements found at 20 CFR 668.200(c).
Proposed § 684.200(d) explains that State-recognized tribal organizations will be considered to be "Indian-controlled" organizations for WIOA sec. 166 purposes, assuming they meet the definition of an Indian-controlled organization as defined at § 684.130. The proposed section also states that State-recognized tribes that do not meet this definition but are grantees under WIA will be grandfathered into WIOA as Indian-controlled organizations. State-recognized tribal organizations that meet the definition of an Indian-controlled organization can apply for a WIOA sec. 166 grant because they otherwise meet the eligibility requirements for an Indian-controlled organization, which ensures that they are comprised of representatives of the community they serve. State-recognized tribes that are grantees under WIA may be grandfathered in because allowing grantees that have successfully provided services to continue providing those services is consistent with the objectives of WIOA sec. 166.
Proposed § 684.210(a) states that Federally-recognized Indian tribes, Alaska Native entities, or a consortium of such entities will have the highest priority to receive grants for those geographic service areas in which the Indian Tribe, Alaska Native entity, or a consortium of such entities has legal jurisdiction, such as an Indian reservation, Oklahoma Tribal Service Area (OTSA) or Alaska Native Village Service Area (ANVSA). The Department recognizes that Federally-recognized tribes are sovereign governments that often have reservation areas over which they have legal jurisdiction. Accordingly, consistent with current practice, it is the Department's position that when a tribe has legal jurisdiction over a geographic service area such as an Indian reservation or OTSA, the Department will award sec. 166 grants to serve such areas to that tribe if it meets the requirements for receiving a grant.
Proposed § 684.210(b) states that if the Department decides not to make an award to an Indian tribe or Alaska Native entity that has legal jurisdiction over a service area—for example if a Federally-recognized tribe is not eligible to apply for a WIOA grant or does not have the ability to administer Federal funds—the Department will consult with that tribe or Alaska Native entity before selecting an entity to serve the tribe's legal jurisdictional area. As described in the preamble to § 684.120, Start Printed Page 20761consultation with tribes and Alaska Native entities about the service areas over which they have legal jurisdiction is integral to the principles of Indian self-determination. However, to ensure that the INA individuals residing in this service area receive services, § 684.210(b) does not require prior approval of the entity with legal jurisdiction.
Proposed § 684.210(c) clarifies that the priority described in paragraphs (a) and (b) does not apply to service areas outside the legal jurisdiction of an Indian tribe or Alaska Native entity. The Department does not believe that the same priority is warranted outside the legal jurisdiction of Indian tribes and Alaska Native entities.
Proposed § 684.220(a) describes when the competitive grant application process takes place. The process described aligns this proposed section with the requirements at secs. 166(c) and (e) of WIOA and with the streamlining of the application process, which is discussed in further detail in the introduction to this proposed part.
Proposed § 684.220(b) provides clarification on which applicants are required to submit a 4-year plan, as described at proposed § 684.710. The Department has decided to exclude entities that have been granted approval to transfer their WIOA funds pursuant to Public Law 102-477 from this requirement because the intent of Public Law 102-477 is to allow Federally-recognized tribes and Alaska Native entities to combine formula-funded Federal grant funds, which are employment and training-related, into a single plan with a single budget and a single reporting system.
Proposed § 684.230 describes the appeal rights for entities that are denied a grant award in whole or in part. There is no appeal process specifically for sec. 166 grants; however, the Department proposes to follow the appeal process described at proposed §§ 683.800 and 683.840, which allow entities that are denied a grant award an opportunity to appeal the denial to the Office of the Administrative Law Judges. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements found at 20 CFR 668.270.
Proposed § 684.240 describes other ways in which an entity may be granted an award under this proposed subpart if areas would otherwise go unserved.
Proposed § 684.250(a) states that a grant award can be terminated for cause, or due to emergency circumstances under the Secretary's authority at sec. 184(e) of WIOA. This proposed section retains substantively the same requirements found in the WIA regulations at 20 CFR 668.290(a). The Department notes that if a grant is terminated under sec. 184(e) of WIOA, the grantee must be given prompt notice and opportunity for a hearing within 30 days after the termination.
Proposed § 684.250(b) describes the circumstances under which an award may be terminated for cause. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements found at 20 CFR 668.290(b).
Proposed § 684.260 states that the Department is not required to provide grant funds to every part of the country. This proposed section retains similar requirements in the WIA regulations at 20 CFR 668.294, with the exception that the Department clarified that funds not allocated to a service area will be distributed to existing INA grantees consistent with current practice.
Proposed § 684. 270(a) through (c) describe how funds will be allocated to INA grantees. Because the Department has determined that no substantial changes were necessary to this section to implement WIOA, this proposed section retains the same requirements found at 20 CFR 668.296.
Proposed § 684. 270(d) states that the Department may reallocate funds under certain circumstances. This language clarifies that excess carry-in will result in the funding formula being adjusted in future years to reflect the excess. Additionally, there is no exception for carry-in amounts in excess of 20 percent because these funds must be fully expended.
Proposed § 684.270(e) describes the funding resources the Department may draw on for TAT purposes. The proposed paragraph clarifies that the 1 percent of funding reserved under this section is not the only source funding for providing TAT for the INA program grantees. This language is consistent with current practice and is intended to make clear that INA program grantees may also access resources available to other Department programs as needed.
Proposed § 684.300(a) describes who is eligible to receive services under an INA program. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements found at 20 CFR 668.300(a), with the exception that the language in § 684.300(a)(2) references the definition of Alaska Native in sec. 166(b)(1) of WIOA.
Proposed paragraph (a)(1) leaves the definition of "Indian" to the tribes and local American Indian organizations that receive grant funds to determine, since WIOA does not define who is eligible to receive services under sec. 166, and there are different opinions on who is considered an Indian when determining eligibility for employment and training services. For instance some grantees consider members of State-recognized tribes as eligible individuals while other grantees do not. Therefore, the Department has left the decision of defining who is an Indian to tribes and organizations at the local level. However, the Department requires that a grantee's definition must at least include anyone who is a member of a Federally-recognized tribe.
Proposed § 684.300(b) and (c) describe additional eligibility requirements for participants to receive services from the INA program. Because the Department has determined that no changes were necessary to these sections to implement WIOA, these proposed sections retain the same requirements in the WIA regulations found at 20 CFR 668.300(b).
Proposed § 684.310(a) describes what types of opportunities INA program grantees must attempt to develop and provide. This section incorporates the Start Printed Page 20762broad objectives referenced in sec. 194(1) of WIOA.
Proposed § 684.310(b) further defines the employment and training services that are allowable under sec. 166 of WIOA. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements found at 20 CFR 668.340(a).
Proposed § 684.310(c) references a non-exhaustive list of career services listed in WIOA. This language reflects WIOA's unified approach to the provision of services.
Proposed § 684.310(d) defines follow-up services. The Department chose to define follow-up services as including counseling and supportive services for up to 12 months after the date of exit for consistency with current practice. Unlike the follow-up services available under sec. 134 of WIOA, the follow-up services available under § 684.310 are available for up to 12 months because of the limited employment opportunities available to participants in the sec. 166 program.
Proposed § 684.310(e) references the non-exhaustive list of training services available at WIOA sec. 134(c)(3). The Department has referenced sec. 134(c)(3) because this section includes good examples of services that are allowable activities for INA program grantees.
Proposed § 684.310(f) lists examples of allowable activities specifically designed for youth. The Department references the program requirements for the WIOA youth program because these activities serve as good examples of allowable activities for INA programs targeting INA youth.
Proposed § 684.310(g) provides examples of allowable activities for job development and employment outreach. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements found in the WIA regulations at 20 CFR 668.340(f).
Proposed § 684.310(h) describes whether services can be overlapping and/or sequential. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements found at 20 CFR 668.340(g).
Proposed § 684.310(i) states that services may be provided to a participant in any sequence based on the particular needs of the participant. This clarification is consistent with the description of career services in proposed § 678.425(b), which states that services are provided to individuals based on individual needs, including the seamless delivery of multiple services to individual customers. There is no required sequence of services. Section 134(c)(3)(A)(iii) of WIOA similarly clarifies that an individual is not required to receive career services prior to receiving training services.
Proposed § 684.320(a) and (b) describe geographical restrictions on training activities and restrictions on OJT services. Because the Department has determined that no changes were necessary to these sections to implement WIOA, these proposed sections retain the same requirements found at 20 CFR 668.350(a) and (b).
Proposed § 684.320(c) prohibits OJT where an employer has exhibited a pattern of certain conduct. Because the Department has determined that no substantial changes were necessary to these section to implement WIOA, this proposed section retains the same requirements found at 20 CFR 668.350(c). However, to align § 684.320(c) with the language found at sec. 194(4) of WIOA, the phrase "including health benefits" has been included in § 684.320(c)(1), and § 684.320(c)(2) targets patterns of violation instead of single violations.
Proposed § 684.320(d) through (g) describe restrictions on the use of INA grant funds. Because the Department has determined that no changes were necessary to these sections to implement WIOA, these proposed sections retain the same requirements found at 20 CFR 668.350(d) through (g), with citations and references updated to be consistent with WIOA.
Proposed § 684.330(a) describes the required collaboration between INA grantees and the one-stop system. The Department recognizes that there are areas in the U.S. where the Native American population is so sparse that it is not practical for WIOA grantees to be actively involved in the local one-stop system. Accordingly, WIOA only requires grantees to be involved in those local workforce investment areas where an INA grantee conducts field operations or provides substantial services. In these areas, the INA grantee must execute an MOU with the Local Board or, at a minimum, be able to demonstrate that it has made a good faith effort to enter into such agreement. Regardless of how sparse the Native American community is in an area, and regardless of an executed MOU, it is expected that, at a minimum, both the INA grantee and the local one-stop operator are familiar with each other's services and that information is available at each other's location, and referrals, coordination, and co-enrollment are encouraged. INA grantees will be required to provide details of their relationship with the local one-stop operators as part of the 4-year plan.
Proposed § 684.330(b) describes the minimum provisions necessary in an MOU between the INA grantee and a local one-stop delivery system. Proposed paragraph (b) lists information required under WIOA sec. 121(c) and includes additional requirements that implement current policy.
Proposed § 684.330(c) describes when an INA grantee is required to describe its efforts to negotiate a MOU. This information is necessary for determining why the INA grantee has not been able to negotiate an MOU and for alerting the Department about what steps might be taken to facilitate the negotiation of an MOU.
Proposed § 684.330(d) describes the application of the one-stop infrastructure in the context of INA programs. Proposed paragraph (d) implements the statutory requirements found at WIOA sec. 121(h)(2)(D)(iv).
Proposed § 684.340(a) through (e) describe the policies that govern payments to participants. Because the Department has determined that no changes are necessary to these sections to implement WIOA, these proposed sections retain the same requirements found at 20 CFR 668.370.
Proposed § 684.350 describes what the Department will do to strengthen the capacity of INA program grantees to deliver effective services. This proposed section retains the same commitment to provide necessary technical assistance and training to INA program grantees as found in the WIA regulations at 20 CFR 668.380.Start Printed Page 20763
Proposed § 684.400 describes the purpose of the supplemental youth services program.
Because the Department has determined that no substantial changes were necessary to this section to implement WIOA, this proposed section retains the same requirements found at 20 CFR 668.400.
Proposed § 684.410 describes the entities that are eligible to receive supplemental youth services funding. The amount of funding reserved for the supplemental program makes it impractical to fund all service areas in the United States. Therefore the Department proposes to limit funding awards to eligible entities that serve low-income youth residing on or near their respective reservations, OTSAs or ANVSAs or other legal jurisdictional areas, or to eligible organizations that are providing services on behalf of entities with legal jurisdiction.
Proposed § 684.420 describes the planning requirements for receiving supplemental youth services funding. Because youth funding is considered a supplement to the adult funding, the Department envisions that the strategy for youth will not be extensive. This proposed section also aligns the planning requirements for the youth supplemental services with the streamlined application process, which is described in more detail in the introduction to this part.
Finally, the Department also recognizes that awareness of one's culture and history is important to having a healthy self-identity and self-esteem. Therefore, the Department supports youth activities that teach INA to incorporate culture and traditional values since it is not fully explored in the public school system and because it plays a role in transitioning INA youth to become successful adults.
Proposed § 684.430(a)(1) through (3) provide the eligibility requirements for individuals to receive supplemental youth services. Individuals must be low-income, except that 5 percent of individuals enrolled in a grantee's youth program during a PY need not meet the definition of low-income. Individuals included under this 5 percent exception do not need to meet any requirements other than those listed under proposed § 684.430(a)(1) and (2) because the Department recognizes that the funding amounts for the majority of INA program grantees are so small (and therefore the number of youth served are also so small) that the number of youth served under the 5 percent exception is numerically insignificant and that the effort and cost of collecting information on the additional barriers is not justified. Furthermore, the poverty level on or near Indian reservations (which are the areas to be served with youth funds) is so high that the vast majority of youth served under WIA met the low-income requirement and those that do not are only slightly over the poverty level.
Additionally, the INA youth program differs significantly from the State youth formula program in that it does not distinguish between "in-school" youth and "out-of-school" youth and there are no percentage requirements for ISY and OSY as required by the State youth formula program. The Department recognizes that given the small funding amount for the INA youth program, most INA grantees are primarily limited to operating summer employment programs for ISY. However, the Department encourages the few grantees that receive significant amounts of youth funding to provide year-round youth programs and incorporate educational and training components in their youth program.
Proposed § 684.430(b) provides additional information about the definition of "low-income." This proposed section helps implement and carry out the definition of low-income provided in WIOA sec. 129(a)(2).
Proposed § 684.440(a) specifies how funding will be allocated. Because the Department has determined that WIOA did not require any substantive changes to 20 CFR 668.440(a), we have retained the same essential requirements. Although this proposed section specifies that the Department will allocate youth funding based on the number of youth in poverty, the inclusion of the term "in poverty" merely implements current practices and does not change our requirements.
Proposed § 684.440(b) through (e) describe what data the Department will use in calculating the youth funding allocation, how the hold harmless factor described in § 684.270(c) will apply, how the reallocation provisions apply, and how supplemental youth services funds not allotted may be used. Because the Department has determined that no substantial changes were necessary to these sections to implement WIOA, these proposed sections retains the same requirements found at 20 CFR 668.350(b) through (e).
Proposed § 684.450(a) through (c) describe how supplemental youth services will be provided. Because the Department has determined that no substantial changes were necessary to these sections to implement WIOA, these proposed sections retain the same requirements found at 20 CFR 668.450(a) through (c).
Proposed § 684.460(a) describes the performance measures and standards applicable to the supplemental youth services program. These measures and standards of performance are the same as the primary indicators discussed in proposed § 677.155. Though the indicators of performance are identified in various places throughout the WIOA proposed regulations, the indicators are the same and do not vary across the regulations. Section 166(e)(5) of WIOA specifies that performance indicators for the Native American program "shall" include the primary indicators of performance described in WIOA sec. 116(b)(2)(A). Consequently, the Department has listed the youth performance indicators at WIOA sec. 116(b)(2)(A)(ii) to implement and carry out statutory requirements.
The Department acknowledges that some of the performance indicators for youth programs are targeted to capture data related to participants who are either in their senior year of high school or are no longer a high school student (§ 684.460(a)(1) and (2)). Because of limited funding, many of the INA youth programs are summer employment programs serving younger high school students, these performance indicators might not accurately capture the success of such programs.
Proposed § 684.460(b) describes the Secretary's role in the creation of additional performance measures to the ones listed in § 684.460(a). Section Start Printed Page 20764684.460 implements the statutory language in WIOA sec. 166(h)(2).
Proposed § 684.500(a) and (b) describe other services that INA program grantees may provide to or for employers under sec. 166. Because the Department has determined that no changes were necessary to these sections to implement WIOA, these proposed sections retain the same requirements as 20 CFR 668.500.
Proposed § 684.510(a) and (b) describe services that INA program grantees may provide to INA communities. Because the Department has determined that no changes were necessary to these sections to implement WIOA, these proposed sections retain the same requirements at 20 CFR 668.510(a) and (b).
Proposed § 684.520 discusses the requirement to give preference to Indian/Native American entities in the selection of contractors or service providers. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements at 20 CFR 668.520.
Proposed § 684.530 describes the rules that govern the issuance of contracts and/or subgrants. In general, INA program grantees must follow the uniform administrative requirements, cost principles, and audit requirements for Federal awards at 2 CFR part 200 subpart E published in the Federal Register on December 26, 2013, except that these rules do not apply to OJT contract awards. This section essentially retains the same language as provided under WIA at 20 CFR 668.530, except that the references to OMB Circulars A-102, A-110 have been replaced with references to 2 CFR part 200 subpart E.
Proposed § 684.600(a) and (b) describe who INA program grantees are accountable to for the provision of services and the expenditure of INA funds. Because the Department has determined that no changes were necessary to these sections to implement WIOA, these proposed sections retain the same requirements as 20 CFR 668.600.
Proposed § 684.610(a) and (b) require INA program grantees to establish internal policies and procedures to ensure accountability to its governing body and describe how accountability to the Department is accomplished. Because the Department has determined that no changes were necessary to these sections to implement WIOA, these proposed sections retain the same requirements at 20 CFR 668.610(a) and (b).
Proposed § 684.610(c) describes how accountability to the Department is documented and fulfilled. The Department proposes to require compliance with the reporting items listed in § 684.610(c) because these are the best ways to ensure accountability and they comply with our current practices.
Proposed § 684.620(a) describes the performance measures that are required under WIOA for the INA program. These measures of performance are the same as the primary indicators discussed in proposed § 677.155. Though the indicators of performance are identified in various places throughout the WIOA proposed regulations, the indicators are the same and do not vary across the regulations. Section 166(e)(5) of WIOA specifies that performance indicators for the Native American program "shall" include the primary indicators of performance described in WIOA sec. 116(b)(2)(A). Proposed § 684.620(a) lists the applicable performance indicators described in WIOA sec. 116(b)(2)(A), thus implementing and carrying out the statutory requirements of sec. 166(e)(5) of WIOA.
Proposed § 684.620(b) describes the Secretary's role in the creation of additional performance measures to the ones listed in § 684.620(a). Section 684.620 implements the statutory language in WIOA sec. 166(h)(2).
Proposed § 684.630(a) requires INA program grantees to establish fiscal control and fund accounting procedures. This section implements the language in WIOA sec. 184 to the INA program.
Proposed § 684.630(b) and (c) include requirements related to conflicts of interest gifts. Because the Department has determined that no changes were necessary to these sections to implement WIOA, these proposed sections retain the same requirements at 20 CFR 668.630(b) and (c).
Proposed § 684.630(d) describes certain restrictions on selecting family members as participants. Because the Department has determined that no substantial changes were necessary to this section to implement WIOA, this proposed section retains the same requirements at 20 CFR 668.610(d), except that it clarifies our current practice of counting all INA individuals in a community to determine if the exception is met.
Proposed § 684.630(e) through (h) describe kickback, political activities, lobbying, and embezzlement restrictions that apply to this section. Because the Department has determined that no substantial changes were necessary to these sections to implement WIOA, these proposed sections retain the same requirements at 20 CFR 668.630(e) through (h) with changes to update citations.
Proposed § 684.630(i) prohibits discriminatory practices by recipients of WIOA funds. This section clarifies for the benefit of potential applicants the effect of WIOA sec. 188 on the INA programs. The language in this section also addresses a long-standing misconception among INA grantees that individuals outside of a grantee's geographic service area cannot be served without the consent of the grantee whose service area the individual resides. The Department recognizes that INA program grantees receive funding based on specified geographic boundaries such as a county, reservation, Alaska Native village etc., and therefore we agree that grantees are not required to serve individuals outside their geographic areas since another grantee is receiving funding to serve such individuals. However, this Start Printed Page 20765does not mean that grantees cannot serve individuals outside their specified boundaries if they choose to do so.
Proposed § 684.640 requires INA program grantees establish grievance procedure. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements at 20 CFR 668.640.
Proposed § 684.650(a) and (b) inform INA program grantees whether they can exclude segments of the eligible population. Because the Department has determined that no changes were necessary to these sections to implement WIOA, this proposed sections retain the same requirements at 20 CFR 668.650.
Proposed § 684.700 describes the process for submitting a 4-year plan, as required by sec. 166(e) of WIOA. Specific requirements for the submission of a 4-year plan will be provided in a Funding Opportunity Announcement (FOA). This section facilitates the streamlining of the application process as is described in detail in the introduction of this part.
Proposed § 684.710 describes the information that must be included in the 4-year plan. The Department intends to seek economic and workforce responsive 4-year plans under WIOA. Under WIOA, the Department proposes that a plan contains only the four information requirements set out in WIOA sec. 166(e), which will leave the Department flexibility to ask for different kinds of information in a request for additional information during the FOA process. The Department recognizes that the workforce system must be able to change and adapt to the changes required by employers who are, in turn, changing and adapting to forces in the economy and advancements in technology which require different skill sets for American workers. This new approach to planning will provide the flexibility necessary to address the current workforce needs at the time plans are written.
Proposed § 684.710(a) describes the information that must be included in the 4-year plan, required by WIOA secs. 166(e)(2) through (5).
Proposed § 684.710(b) states that the 4-year plan must include a projection of participants to be served and expenditures during a PY and any additional information requested in a FOA. Again, this section has been added under WIOA to convey that additional information will be required in the 4-year plan, as determined by current labor market trends and skills requirements, and what information must be in plans will be requested in a FOA as part of the competitive process.
Proposed § 684.710(c) requires INA program grantees receiving supplemental youth funds to provide additional information in the 4-year plan that describes a strategy for serving low-income, INA youth. The Department supports youth activities that preserve Native American culture and values. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements at 20 CFR 668.720(b), with the exception that it is framed to reflect the streamlined application process described in more detail in the introduction to this part.
Proposed § 684.720 describes when the 4-year plan must be submitted. The due date for the submission of the 4-year plan will be specified in the FOA. This approach implements and carries out the requirements of WIOA secs. 166(c) and 166(e) in the context of the streamlined application process that is described in more detail in the introduction to this part. The Department envisions that the first 4-year plan will be for PY 2016-2020 which will cover the period from July 1, 2016 through June 30, 2020.
Proposed § 684.730 describes how the Department will review and approve 4-year plans. The Department will make every effort to approve plans that are fully complete prior to the beginning of the first PY of the 4-year plan and funds will be obligated to grantees for that year through a grant award. After the first year of a 4 -year plan, funds will automatically be added each year for the following 3 years through a grant modification, assuming the grantee continues to be in good standing with the Department.
Incomplete plans that do not fully meet the requirements provided in the FOA will not be approved. It is possible for entities to be selected through the competitive process and also have an incomplete plan. Therefore, after competitive grant selections have been made, the DINAP office may assist INA program grantees with incomplete plans on tasks such as submitting required documents and other unresolved issues that render the 4-year plan incomplete. However, the Department may delay funding to grantees until all issues with the 4-year plan have been resolved.
While it is unlikely that a grantee will fail to submit an acceptable 4-year plan, the Department will reallocate funds from an INA program grantee that fails to submit a 4-year plan to other incumbent INA program grantees that have an approved 4-year plan. The Grant Officer may also delay executing a grant agreement and obligating funds to an entity selected through the competitive process until all the required documents—including the 4-year plan—are in place.
Proposed § 684.730(a) states that it is the Department's intent to approve a grantee's 4-year strategic plan before the date on which funds for the program become available. Because the Department has determined that no changes were necessary under WIOA, this section retains the same language as provided under WIA at 20 CFR 668.740(a), save for the addition of language specifically addressing the streamlined, 4-year grant application process as described in more detail in the introduction to this part.
Proposed § 684.730(b) describes the extent to which the DINAP office will assist INA program grantees in resolving any outstanding issues that may exist with the 4-year plan. Again, while the Department expects that it is unlikely that a grantee will fail to submit an acceptable 4-year plan, we need a mechanism to reallocate funds when such an event occurs in order to ensure that funds are spent providing services to eligible program participants.
Proposed § 684.730(c) notes that the Department may approve portions of a plan while disapproving others. Because the Department has determined that no changes were necessary to implement WIOA, the proposed regulation retains the same requirements found in the WIA regulations at 20 CFR 668.740(b).
Proposed § 684.730(d) references appeal rights in nonselection cases or in the case of a decision by the Department to deny or reallocate funds based on unresolved issues with the applicant's Start Printed Page 20766application or 4-year plan. There are no appeal rights in addition to the ones listed in the cited regulations because the Department has determined that consistency of appeal rights amongst WIOA programs is desirable.
Proposed § 684.740(a) describes when the Department may unilaterally modify an INA program grantee's plan to add or reduce funds to the grant. Because the Department has determined that no changes were necessary to implement WIOA, the proposed regulation retains the same requirements found in the WIA regulations at 20 CFR 668.750(a).
Proposed § 684.740(b) describes when an INA program grantee may request approval to modify their plan to add, expand, delete, or diminish any service allowable under the regulations in this part. Because the Department has determined that no changes were necessary to implement WIOA, the proposed regulation retains the same requirements found in the WIA regulations at 20 CFR 668.750(b). Generally, it is the Department's intent to pursue grant modifications only when there are significant increases or decreases in the grantee's funding that results in significant changes in the employment and training services stated in the 4-year plan or when the grantee wishes to make a significant change in its service strategy. As a general rule, a significant change is when the number of participants to be served in the original plan changes by 25 percent or by 25 actual participants, whichever is larger.
Proposed § 684.800(a) and (b) describe the systems that must be in place in order for INA grantees to administer a WIOA sec. 166 grant INA program. Because the Department has determined that no changes were necessary to these sections to implement WIOA, these proposed sections retain the same requirements at 20 CFR 668.800.
Proposed § 684.810 describes where the rules relating to allowable costs under WIOA are located. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements at 20 CFR 668.810.
Proposed § 684.820 describes where the definition and treatment of administrative costs can be found. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements at 20 CFR 668.820.
Proposed § 684.830 informs INA program grantees about whether the WIOA administrative cost limit for States and local areas applies to INA grants. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements at 20 CFR 668.825.
Proposed § 684.840 describes how INA program grantees must classify costs. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements at 20 CFR 668.830.
Proposed § 684.850 requires INA program grantee to follow the cost principles at 2 CFR part 200 subpart E of the Uniform Administrative Requirements published in the Federal Register on December 26, 2013. This section retains the same language as provided under WIA at 20 CFR 668.840, except that the references to OMB Circulars A-87, A-122, A-21 have been updated with references to 2 CFR part 200 subpart E, Cost Principles, & Audit Requirements for Federal Awards.
Proposed § 684.860 requires INA program grantee to follow the audit requirements at 2 CFR 200 subpart F of the Uniform Administrative Requirements, Cost Principles, & Audit Requirements for Federal Awards published in the Federal Register on December 26, 2013. This section retains the same language as provided under WIA at 20 CFR 668.850, except that the references to OMB Circular A-133 and 29 CFR part 99 have been updated with references to 2 CFR part 200 subpart E, Cost Principles, & Audit Requirements for Federal Awards.
Additionally, § 684.860(b) implements the language at WIOA sec. 166(j) relating to single audit requirements.
Proposed § 684.870(a) through (c) provide descriptions of what qualifies as program income for work experience participants and OJT participants. Because the Department has determined that no changes were necessary to these sections to implement WIOA, these proposed sections retain the same requirements at 20 CFR 668.870(a) through (c).
Proposed § 684.900 describes the regulatory and/or statutory waiver authority for the INA program. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements at 20 CFR 668.900, except that we have clarified, in accordance with WIOA sec. 166(i)(3), that only requirements related to title I of WIOA may be waived.
Proposed § 684.910(a) describes what information an INA program grantee must include when it requests a waiver. This section implements the requirements in WIOA sec. 166(i)(3)(B) and saves INA grantees from having to reference additional departmental guidance on how to request a waiver.
Proposed § 684.910(b) states that a waiver may be requested at the beginning of a 4-year grant award cycle or anytime during a 4-year award cycle. However, all waivers expire at the end of the 4-year award cycle. The Department envisions that waivers will be requested for unique situations that were not expected in the normal course of operating an INA grant. Therefore, Department proposes that waivers cannot be provided indefinitely and Start Printed Page 20767must be renewed at the beginning of a new 4-year grant cycle.
Proposed § 684.920 describes the laws and regulations that may not be waived. Because the Department has determined that no changes were necessary to this section to implement WIOA, this proposed section retains the same requirements at 20 CFR 668.920.
Proposed § 684.930 provides a description of when INA program grantees can consolidate their funds under Public Law 102-477 (477). In addition to generally allowing the consolidation of funds as required under Public Law 102-477, § 684.930 describes the extent to which the Department will review 477 plans. The Department will not review the renewal of 477 plans after the initial plan has been approved by DOL, accepted by the Department of the Interior, and all other applicable Departmental programmatic and financial obligations have been met prior to transfer. This policy aligns with the requirements of Public Law 102-477 which allows Federally-recognized tribes and Alaska Native entities to combine formula-funded Federal grant funds, which are employment and training-related, into a single plan with a single budget and a single reporting system. The Department recognizes that when Federal funds from various agencies are combined under one unified plan, there must be one lead agency that administers and manages the unified plan. According to Public Law 102-477 the lead agency is the DOI.
Proposed § 684.940 describes the role of the Native American Employment and Training Council. The language in proposed § 684.940 repeats the requirements at WIOA sec. 166(i)(4)(C) and explains that WIOA sec. 166(4) has not made any major changes to the council.
Proposed § 684.950 address the additional assistance that WIOA provides for unique populations in Alaska and Hawaii. This proposed section implements and carries out the requirements in WIOA sec. 166(k).
The purpose of part 685 is to implement WIOA sec. 167, which authorizes MSFW programs. In drafting these regulations, the Department consulted with States and MSFW groups during stakeholder consultation sessions conducted in August and September 2014, as required by WIOA sec. 167(f). MSFW programs include career services and training, housing assistance, youth services, and related assistance. In drafting the proposed regulations for this part the Department seeks to encourage strategic alignment across other workforce development programs such as Wagner-Peyser and WIOA title I adult, dislocated worker, and youth programs; encourage the delivery of training for in-demand occupations; provide comprehensive youth workforce activities; and provide a detailed description of housing services available to eligible MSFWs. As required by WIOA sec. 167(e), when making grants and entering into contracts under this section, the Department will consult with the Governors and Local Boards of the States in which grantees will carry out the activities described in WIOA sec. 167(d) during the FOA process described in § 685.210.
The regulations in this section support strategic alignment across workforce development programs by: Aligning the definition of "farmwork" found in this section with that used in the Wagner-Peyser program; adjusting the upper and lower age ranges of eligible MSFW youth to conform to those established in WIOA sec. 129 for OSY and ISY; and requiring that grantees coordinate services, particularly outreach to MSFWs, with the State Workforce Agency (SWA) in their service area and the State's monitor advocate. These changes are intended to support coordination between MSFW programs and other workforce programs such as the Wagner-Peyser program, and facilitate MSFW youth co-enrollments with other WIOA title I programs.
The Department proposes language in § 685.350 regarding training services that reinforces that training must be directly linked to an in-demand industry or occupation that leads to economic self-sufficiency and encourages the attainment of recognized post-secondary credentials when appropriate.
Proposed §§ 685.330 and 685.510 establish that grantees funded under WIOA sec. 167 can serve eligible MSFW youth participants. The Department also has proposed that a percentage of the total funds appropriated each year for WIOA sec. 167 activities will be used for housing grants, and described specific housing assistance activities in § 685.360, to better articulate the types of services that can be delivered to eligible MSFWs.
This subpart describes the general purpose and definitions relevant to MSFW programs authorized under WIOA sec. 167, the role of the Department in providing technical assistance and training to grantees, and the regulations applicable to grantees.
Proposed § 685.100 identifies achieving economic self-sufficiency as the goal of the services and activities that are authorized in WIOA sec. 167 for eligible MSFWs which includes their dependents. This section emphasizes the importance of obtaining, retaining, and stabilizing the unsubsidized employment of MSFWs, including obtaining upgraded agricultural employment, in achieving the goal of the program.
Proposed § 685.110 provides definitions of terms relevant to the implementation and operation of workforce investment activities authorized for MSFWs and their dependents under WIOA sec. 167.
A definition of allowances has been provided that means direct payments made to participants to support participation specific career services and training.
Dependents of eligible MSFWs may receive services under WIOA secs. 167(i)(2)(B) and 167(i)(3)(B), and the Department has provided a definition of the family member relationships of an eligible MSFW who qualify for MSFW program services.
Eligibility determination period is defined as "any consecutive 12-month period within the 24-month period immediately preceding the date of application for the MSFW program by the applicant MSFW." The definition was adopted from the first clause of Start Printed Page 20768WIOA sec. 167(i)(3)(A)(i), which defines "eligible seasonal farmworker."
The definition of eligible migrant farmworker is taken from WIOA sec. 167(i)(2).
The definition of eligible seasonal farmworker is taken from WIOA sec. 167(i)(3).
A definition of eligible migrant and seasonal farmworker has been provided, meaning an eligible migrant farmworker or an eligible seasonal farmworker as defined in WIOA sec. 167(i).
A definition of eligible MSFW youth has been provided, and it is defined as eligible MSFWs aged 14-24 who are individually eligible or are dependents of eligible MSFWs. The upper age range (age 24) and lower age range (age 14) for eligible MSFW youth have been put in alignment with the upper and lower age ranges provided in WIOA secs. 129 ((a)(1)(B) and (a)(1)(C). Eligible MSFW youth is a subset of eligible MSFWs as defined in this section. This alignment will facilitate co-enrollment with other WIOA youth programs that serve 14-24 year old youth participants, where appropriate.
A definition of emergency assistance had been provided that establishes that emergency assistance is a form of related assistance, and means assistance that addresses immediate needs of eligible MSFWs and their dependents, provided by grantees. To facilitate the delivery of emergency services in a timely manner the applicant's self-certification is accepted as sufficient documentation of eligibility for emergency assistance.
A definition of family, is provided that means an eligible MSFW and all the individuals identified under the definition of dependent in this section who are living together in one physical residence. The definition has been proposed for the purpose of reporting housing assistance grantee indicators of performance as described in § 685.400.
A definition of farmwork is provided that means work while employed in the occupations described in 20 CFR 651.10. The specific occupations and industries within agricultural production and agricultural services will be provided through Departmental guidance, and will be updated when government-wide standard industry and occupation codes undergo periodic review and revision. Providing a definition of farmwork that is aligned with the Wagner-Peyser ES system will facilitate the provision of services to MSFWs under both programs.
A definition of grantee has been provided, meaning an entity to which the Department directly awards a WIOA grant to carry out programs to serve eligible MSFWs in a service area, with funds made available under WIOA sec. 167 or 127(a)(1).
A definition of housing assistance is provided and means housing-related services provided to eligible MSFWs. Examples of specific authorized housing activities are provided in proposed § 685.360.
The definition of lower living standard income level from WIOA sec. 3(36)(B) has been referenced without change.
The definition of low-income individual from WIOA sec. 3(36)(A) has been referenced without change.
A definition of MOU has been provided, meaning "Memorandum of Understanding."
A definition of National Farmworker Jobs Program (NFJP) has been provided and is the Department-administered workforce investment program for MSFWs established by WIOA sec. 167 as a required partner of the one-stop system and includes career services, training grants, and housing grants. The term NFJP was initially developed in 1999 by the Secretary's MSFW Advisory Committee to distinguish the NFJP from the other workforce investment grants and activities funded under WIA sec. 167, such as the farmworker housing assistance grants; however, since that time the NFJP has come to be the accepted term for both employment and training grants and housing grants, and this definition reflects that understanding.
The definition of recognized post-secondary credential from WIOA sec. 3(52) has been referenced without change.
A definition of related assistance, which is authorized under WIOA sec. 167(d), has been provided meaning short-term forms of direct assistance designed to assist eligible MSFWs retain or stabilize their agricultural employment.
A definition of self-certification has been provided meaning an eligible MSFW's signed attestation that the information he/she submits to demonstrate eligibility for the NFJP is true and accurate.
A definition of service area has been provided meaning the geographical jurisdiction, which may be comprised of one or more designated States or sub-State areas, in which a WIOA sec. 167 grantee is designated to operate.
A definition of technical assistance has been provided meaning the guidance provided to grantees and grantee staff by the Department to improve the quality of the program and the delivery of program services to eligible MSFWs. This definition was adapted from and replaces the 20 CFR part 685 definition of capacity enhancement under WIA to reflect the term more commonly used by the Department.
Proposed § 685.120 clarifies that the Department's ETA administers NFJP activities authorized under WIOA sec. 167 for eligible MSFWs, and as described in § 685.210, the Department designates grantees in a manner consistent with standard Federal government competitive procedures.
Proposed § 685.130 establishes that the Department will provide guidance, administrative support, technical assistance, and training to support MSFW programs and promote employment outcomes for eligible MSFWs.
Proposed § 685.140 specifies the regulations that are applicable to MSFW programs authorized under WIOA sec. 167, including proposed part 685. Applicable regulations include the general administrative requirements found in 20 CFR part 683, including the regulations regarding the Complaints, Investigations and Hearings found at 20 CFR part 683, subpart D through subpart H; Uniform Guidance at 2 CFR part 200 and the Department's exceptions at 2 CFR part 2900 pursuant to the effective dates in 2 CFR part 200 and 2 CFR part 2900; the regulations on partnership responsibilities contained in 20 CFR parts 679 (Statewide and Local Governance) and 678 (the one-stop system); the Department's regulations at 29 CFR part 37, which implement the nondiscrimination provisions of WIOA sec. 188.
This subpart describes the service delivery system for the MSFW programs authorized by WIOA sec. 167 including who is eligible to receive grants and the role of the NFJP in the one-stop delivery system. Termination of grantee designation is explained. This subpart also discusses the appropriation of WIOA sec. 167 funds and establishes Start Printed Page 20769that a percentage of the total funds appropriated each year for WIOA sec. 167 activities will be used for housing assistance grants.
Proposed § 685.200 describes the entities that are eligible to receive NFJP grants. The entity must have an understanding of the problems of eligible MSFWs, a familiarity with the agricultural industries and the labor market needs of the proposed service area, and the ability to demonstrate a capacity to administer and deliver effectively a diversified program of workforce investment activities, including youth workforce investment activities, and related assistance for eligible MSFWs.
Proposed § 685.210 establishes that grantees will be selected through a FOA using standard Federal government competitive procedures. The entity's proposal must describe a 4-year strategy for meeting the needs of eligible MSFWs in the proposed service area and a description of the entity's experience working with the broader workforce delivery system. This is in alignment with the requirement in WIOA sec. 167(a) that the Department make grants or enter into contracts on a competitive basis every 4 years. Unless specified otherwise in the FOA, grantees may serve eligible MSFWs, including eligible MSFW youth, under the grant. An applicant whose application for funding as a grantee under part 685 is denied in whole or in part may request an administrative review under 20 CFR 683.800.
Proposed § 685.220 describes that in those local workforce development areas where the grantee operates its NFJP, as described in its grant agreement, the grantee is a required one-stop partner, and is subject to the provisions relating to such partners described in 20 CFR part 678. Consistent with those provisions, the grantee and Local Workforce Development Board must develop and enter into an MOU which meets the requirements of 20 CFR 678.500 and sets forth their respective responsibilities for providing access to the full range of NFJP services through the one-stop system to eligible MSFWs.
Proposed § 685.230 explains the circumstance in which a grantee may be terminated by the Department for cause, including emergency circumstances when such action is necessary to protect the integrity of Federal funds or ensure the proper operation of the program, or by the Department's Grant Officer, if the recipient materially fails to comply with the terms and conditions of the award. The Department has changed the standard for Grant Officer termination from "substantial or persistent violation" as used in the WIA regulations in order to be consistent with the standards used for all other Department WIOA grants under the common administrative requirements for grants.
Proposed § 685.240 establishes that in accordance with WIOA sec. 167(h), at least 99 percent of the funds appropriated each year for WIOA sec. 167 activities must be allocated to service areas, based on the distribution of the eligible MSFW population determined under a formula which has been published in the Federal Register. The grants will be awarded under § 685.210. The Department has added language that clarifies that of this amount, a percentage of funds will be set aside for housing grants and will be specified in an FOA issued by the Department. The balance, up to 1 percent of the appropriated funds, will be used for discretionary purposes, such as providing technical assistance to eligible entities, and other activities prescribed by the Secretary to eligible entities. This differs from the up to 4 percent reserved in the prior regulations so as to comply with the funding requirements of WIOA sec. 167(h).
This subpart describes the responsibilities of grantees, and workforce investment activities available to eligible MSFWs, including career services and training, housing assistance, youth services, and related assistance.
Proposed § 685.300 establishes the general responsibilities of grantees, including that: eligible entities receive grants through the FOA process described in § 685.210; career services and training grantees are responsible for providing appropriate career services, training, and related assistance to eligible MSFWs and eligible MSFW youth; and housing grantees are responsible for providing housing assistance to eligible MSFWs. Grantees will provide these services in accordance with the service delivery strategy described in the approved program plan described in § 685.420. These services must reflect the needs of the MSFW population in the service area and include the services that are necessary to achieve each participant's employment goals or housing needs. Grantees also are responsible for coordinating services, particularly outreach to MSFWs, with the SWA, as defined in 20 CFR part 651, and the State's monitor advocate and fulfilling the responsibilities of one-stop partners described in proposed § 678.420.
Proposed § 685.310 describes the basic components of the NFJP delivery strategy that must include: A customer-focused case management approach; the provision of workforce investment activities, which include career services and training, as described in WIOA secs. 167(d) and 134 and 20 CFR part 680, and youth workforce investment activities described in WIOA sec. 129 and 20 CFR part 681; the arrangements under the MOU's with the applicable Local Workforce Development Boards for the delivery of the services available through the one-stop system to MSFWs; and related assistance services.
Proposed § 685.320 establishes that MSFWs as defined in § 685.110 are eligible for services funded by the NFJP. As provided in WIOA sec. 167(d)(1), NFJP grants are used to provide adult and youth services, thus the NFJP may use funds available to serve youth even when the service area is not being served with supplemental youth funds authorized in WIOA sec. 127(a)(1). In addition, NFJP services can be provided to eligible MSFW youth who demonstrate a need for and ability to benefit from career services. For example, some older youth may benefit more from the array of career services available under NFJP than from the youth services offered under subpart E.Start Printed Page 20770
Proposed § 685.330 emphasizes that services to eligible MSFWs will be focused on the customer's needs and provided through a case-management approach emphasizing customer choice, and may include appropriate career services and training, and related assistance, which includes emergency assistance; and supportive services, which includes allowance payments. The basic services and delivery of case-management activities are further described in §§ 685.340 through 685.390.
Proposed § 685.340 establishes that eligible MSFWs must be provided the career services described in WIOA secs. 167(d) and 134(c)(2), and 20 CFR part 680. Other career services may be provided as identified in the grantee's approved program plan. The Department also has included language to clarify that while career services must be made available through the one-stop delivery system, grantees also may provide these types of services through other sources outside the one-stop system. Examples include non-profit organizations or educational institutions. The delivery of career services to eligible MSFWs by the grantee and through the one-stop system must be discussed in the required MOU between the Local Workforce Development Board and the grantee.
Proposed § 685.350 establishes that the training activities in WIOA secs. 167(d) and 134(c)(3)(D), and 20 CFR part 680, must be provided to eligible MSFWs. These activities include, but are not limited to, occupational-skills training and OJT. The Department also emphasizes that eligible MSFWs are not required to receive career services prior to receiving training services, as described in WIOA sec. 134(c)(3)(iii). This section also reinforces the intent of WIOA that training services be directly linked to an in-demand industry sector or occupation in the service area, or in another area to which an eligible MSFW receiving such services is willing to relocate, consistent with WIOA sec. 134(c)(3)(G)(iii). The Department also establishes that training activities must encourage the attainment of recognized post-secondary credentials as defined in § 685.110 (which refers to WIOA sec. 3(52)), when appropriate for an eligible MSFW. This requirement is in alignment with WIOA secs. 116(b)(2)(A)(i)(IV) and 116(b)(2)(A)(ii)(III), which include "the percentage of program participants who obtain a recognized post-secondary credential, or a secondary school diploma," as a primary indicator of performance for both the adult and youth programs.
Proposed § 685.360 requires that housing grantees must provide housing services to eligible MSFWs and that career services and training grantees may provide housing services to eligible MSFWs as described in their program plan. The proposed section establishes the definitions of permanent housing and temporary housing services that are available to eligible MSFWs. The Department establishes that permanent housing is owner-occupied, or occupied on a permanent, year-round basis (notwithstanding ownership) as the MSFW's primary residence to which he/she typically returns at the end of the work or training day and temporary housing is non-owner-occupied housing used by MSFWs whose employment requires occasional travel outside their normal commuting area. Permanent housing may include rental units, single family, duplexes, and other multi-family structures, dormitory, group homes, and other housing types that provide short-term, seasonal, or year-round housing opportunities in permanent structures. Modular structures, manufactured housing, or mobile units placed on permanent foundations and supplied with appropriate utilities and other infrastructure are also considered permanent housing. Temporary housing may include: Units intended for temporary occupancy located in permanent structures, such as rental units in an apartment complex or in mobile structures, tents, and yurts that provide short-term, seasonal housing opportunities; temporary structures that may be moved from site to site, dismantled and re-erected when needed for farmworker occupancy; and off-farm housing operated independently of employer interest in, or control of, the housing, or on-farm housing operated by a nonprofit, including faith-based or community non-profit organizations, but located on property owned by an agricultural employer. Specific examples of permanent housing services and activities associated with the provision of permanent housing services, and specific examples of temporary housing activities associated with the provision of temporary housing services, including emergency assistance such as emergency housing payments, vouchers, and cash payments for rent/lease and utilities are provided. The Department establishes that housing services are intended to meet the needs of eligible MSFWs to occupy a unit of housing for reasons related to seeking employment, retaining employment, or engaging in training. The definitions of permanent housing and temporary housing assistance and the specific examples of permanent and temporary housing services described in the proposed § 685.360 are adapted from the 2011 Department Notice of Availability of Funds and Solicitation for Grant Applications for the National Farmworker Jobs Program (NFJP) Housing Assistance Program (Funding Opportunity Number: SGA-DFA-PY-10-08) which provided specific requirements and guidelines for housing grant applicants.
Proposed § 685.370 describes the services that grantees may provide to eligible MSFW youth participants aged 14-24 based on an evaluation and assessment of their needs. These services include the career and training services described in §§ 685.340 through 685.350; youth workforce investment activities described in WIOA sec. 129; life skills activities that encourage development of self and interpersonal skills development; community service projects; and other activities that conform to the use of funds for youth activities described in 20 CFR part 681. Grantees may provide these services to any eligible MSFW youth, regardless of the participant's eligibility for WIOA title I youth activities as described in WIOA sec. 129(a).
Proposed § 685.380 describes the types of services that may be provided to eligible MSFWs as "related assistance," and establishes that these services are short-term, direct services. Examples include emergency assistance, as defined in § 685.110, and those activities identified in WIOA sec. 167(d), such as English language and literacy instruction, pesticide and worker safety training, housing (including permanent housing), as Start Printed Page 20771described in § 685.360, and school dropout prevention and recovery activities. Related assistance is distinct from "supportive services" as defined in WIOA sec. 3, which "means services such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this Act," because related assistance may be provided to eligible MSFWs who are not otherwise participating in activities authorized under this Act such as career services, youth services, or training services.
Proposed § 685.390 establishes that eligible MSFWs may receive related assistance services when the need for the related assistance is identified and documented by the grantee. A statement by the eligible MSFW may be included as documentation.
This subpart describes indicators of performance for grantees, required planning documents, and the information required in program plans required under WIOA sec. 167. The subpart also explains waiver provisions and clarifies how grant costs are classified under WIOA sec. 167.
Proposed § 685.400 describes the indicators of performance that apply to grantees. Grantees providing career services and training will use the indicators of performance common to the adult and youth programs, described in WIOA sec. 116(b)(2)(A), as required by WIOA sec. 167(c)(2)(C). These measures of performance are the same as the primary indicators discussed in proposed § 677.155. Though the indicators of performance are identified in various places throughout the WIOA proposed regulations, the indicators are the same and do not vary across the regulations.
For grantees providing career services and training, the Department will reach agreement on the levels of performance for each of the primary indicators of performance described in WIOA sec. 116(b)(2)(A), taking into account economic conditions, characteristics of the individuals served, and other appropriate factors, and using, to the extent practicable, the statistical adjustment model under WIOA sec. 116(b)(3)(A)(viii). The levels agreed to will be the adjusted levels of performance and will be incorporated in the program plan, as required in WIOA sec. 167(c)(3). For grantees providing housing services only, grantees will use the total number of eligible MSFWs served and the total number of eligible MSFW families served as indicators of performance. Performance indicators for NFJP housing grantees are not specified in WIA or WIOA statute, and the measures proposed here are adapted from the Department's TEGL, Number 15-13, Program Year 2014 Planning Guidance for National Farmworker Jobs Program Housing Grantees, released March 25, 2014. As described in proposed § 685.400(d), the Department may develop additional performance indicators with appropriate levels of performance for evaluating programs that serve eligible MSFWs and which reflect the State service area economy, local demographics of eligible MSFWs, and other appropriate factors. In accordance with § 685.400(d), the Department may develop additional indicators of performance for housing grantees in addition to the indicators specified in proposed § 685.400(c). If additional performance indicators are developed, the levels of performance for these additional indicators must be negotiated with the grantee and included in the approved program plan. Grantees also may develop additional performance indicators and include them in the program plan or in periodic performance reports.
Proposed § 685.410 describes the planning documents that a grantee must submit, including a comprehensive program plan, further described in proposed § 685.420, and a projection of participant services and expenditures covering the 4-year grant cycle.
Proposed § 685.420 describes the information required for inclusion in program plans. Paragraph (a) asks for a description of the service area that the applicant proposes to serve, in accordance with WIOA sec. 167(c). Paragraphs (b) through (g) incorporate the elements described in WIOA sec. 167(c)(2). Paragraphs (h) and (i) specify additional information required in program plans which include: The methods the grantee will use to target its services on specific segments of the eligible population, as appropriate, and the response to any other requirements set forth in the FOA issued under § 685.210.
Proposed § 685.430 describes the circumstances when the terms of the grantee's program plan can be modified by the grantee or the Department. Program plans must be modified to reflect the funding level for each year of the grant, and the Department will provide instructions annually on when to submit modifications for each year of funding, which will generally be no later than June 1, prior to the start of the subsequent year of the grant cycle. Grantees must submit a request to the Department for any proposed modifications to the plan to add, delete, expand, or reduce any part of the program plan or allowable activities, and the Department will consider the cost principles, uniform administrative requirements, and terms and conditions of award when reviewing modifications to program plans. The purpose of this requirement is to ensure that the Department has reviewed and approved any proposed programmatic changes as part of a grant award to ensure the changes are allowable, programmatically and fiscally sound, and do not negatively affect performance outcomes. If the grantee is approved for a regulatory waiver under proposed § 685.560 and § 685.570, it must submit a modification of the grant plan to reflect the effect of the waiver.
Proposed § 685.440 describes how costs are classified under the NFJP. Costs are classified as administrative costs, as defined in 20 CFR 683.215, and program costs are all other costs not defined as administrative. The Department further specifies that program costs must be classified and reported in the categories of related assistance (including emergency assistance), supportive services, and all other program services.
Proposed § 685.450 describes the administrative cost limit for NFJP grants which, under 20 CFR 683.205(b), will be identified in the grant or contract award document, and will not exceed 15 percent of total grantee funding. The administrative cost limit established in Start Printed Page 20772this section is consistent with the administrative cost limit under which the program is currently operating.
Proposed § 685.460 describes the regulatory and/or statutory waiver provisions that apply to WIOA sec. 167. The statutory waiver provision at WIOA sec. 189(i) and discussed in 20 CFR 679.600 does not apply to WIOA sec. 167. Paragraph (b) establishes that grantees may request a waiver of any regulatory provisions only when such regulatory provisions are (1) not required by WIOA; (2) not related to wage and labor standards, non-displacement protection, worker rights, participation and protection of workers and participants, and eligibility of participants, grievance procedures, judicial review, nondiscrimination, allocation of funds, procedures for review and approval of plans; and (3) not related to the basic purposes of WIOA, described in 20 CFR 675.100.
Proposed § 685.570 describes the information that grantees must submit to the Department in a waiver plan to document a requested waiver. The waiver request must include: A description of the goals of the waiver; the expected programmatic outcomes and how the waiver will improve the provision of program activities; how the waiver is consistent with guidelines the Department establishes; the data that will be collected to track the impact of the waiver; and the modified program plan reflecting the effect of the requested waiver.
This subpart describes the purpose of supplemental youth workforce investment activity funding that may become available under WIOA sec. 127(a)(1). Included is a description of how the funds may become available, and what requirements apply to grants funded by WIOA sec. 127(a)(1). Significantly, these funds may be used only for workforce investment activities for eligible MSFW youth, as defined in § 685.110. The Department will issue a separate FOA for grants funded by WIOA sec. 127(a)(1), and the selection will be made in accordance with the procedures described in § 685.210, giving priority to applicants that are WIOA sec. 167 grantees. Planning documents required for grants funded by WIOA sec. 127(a)(1) will be described in the FOA; and allocation of WIOA sec. 127(a)(1) funds will be based on the comparative merits of the applications in accordance with criteria set forth in the FOA.
Proposed § 685.500 describes that if Congress appropriates more than $925 million for WIOA youth workforce investment activities in a fiscal year, 4 percent of the excess amount must be used to provide workforce investment activities for eligible MSFW youth under WIOA sec. 167.
Proposed § 685.510 specifies that the requirements in subparts A through D of § 685 apply to grants funded by WIOA sec. 127(a)(1), except that grants described in this subpart must be used only for workforce investment activities for eligible MSFW youth, as described in § 685.370 and WIOA sec. 167(d) (including related assistance and supportive services).
Proposed § 685.520 specifies that the Department will issue a separate FOA for grants funded by WIOA sec. 127(a)(1). The selection will be made in accordance with the procedures described in § 685.210, except that the Department reserves the right to provide priority to applicants that are WIOA sec. 167 grantees.
Proposed § 685.530 specifies that planning documents required for grants funded by WIOA sec. 127(a)(1) will be described in the FOA.
Proposed § 685.540 describes that the allocation of WIOA sec. 127(a)(1) funds will be based on the comparative merits of the applications, in accordance with criteria set forth in the FOA.
Proposed § 685.550 describes that eligible MSFW youth as defined in § 685.110 may receive services through grants funded by WIOA sec. 127(a)(1).
This part provides proposed regulations for the Job Corps program, authorized in title I, subtitle C of WIOA. The regulations address the scope and purpose of the Job Corps program and provide requirements relating to site selection, protection, and maintenance of Job Corps facilities; funding and selection of center operators and service providers; recruitment, eligibility, screening, selection and assignment, and enrollment of Job Corps students; Job Corps program activities and center operations; student support; career transition services and graduate services; community connections; and administrative and management requirements. The Department's intent in the regulations is to incorporate the requirements of title I, subtitle C of the Act and to describe how the Job Corps program is operated in order to deliver relevant academic and career technical training (CTT) that leads to meaningful employment or post-secondary education. The regulations also serve to explain clearly the requirements necessitated by the unique residential environment of a Job Corps center. The major changes from the existing regulations reflect WIOA's effort to enhance the Job Corps program, provide access to high quality training and education, create incentives for strong contractor performance, and promote accountability and transparency.
This proposed subpart contains regulatory provisions that describe the Job Corps program, its purpose, the role of its Director, and applicable definitions. In describing the role of the Job Corps Director, this subpart provides that the Secretary has delegated the authority to carry out his or her responsibilities under this part to the National Director of Job Corps; therefore, all references to the Secretary issuing guidelines, procedures or standards means that they will be issued by the National Job Corps Director. This subpart also describes the Policy and Requirements Handbook (PRH), which provides the operating policies and Start Printed Page 20773procedures governing day-to-day activities of the Job Corps program. The subpart describes the scope and purpose of the program, along with the responsibilities of its National Director. It promotes accountability and transparency by making readers aware of exactly what the Job Corps program plans to achieve and the procedures for doing so, as well as the role its leadership plays in its operation.
Proposed § 686.100 contains the regulatory provisions governing the Job Corps program. It explains that procedures guiding day-to-day operations are proposed to be provided in the PRH and clarifies that throughout this part, phrases that refer to instructions or procedures issued by the Secretary refer to the PRH and other Job Corps Directives. Because this section of WIOA is so similar to the corresponding section in WIA, this proposed section retains the same requirements found at 20 CFR 686.100.
Proposed § 686.110 describes the Job Corps program. Job Corps is a national program that operates in partnership with States, communities, local Workforce Development Boards, youth councils, one-stop centers and partners, and other youth programs to provide social, academic, career and technical education, and service-learning opportunities, primarily in a residential setting, for low-income young people. Proposed § 686.110 reflects the increased focus in sec. 141 of WIOA on connecting young people to the labor force by providing them with intensive social, academic, career and technical education in order to obtain secondary school diplomas or recognized credentials leading to successful careers in in-demand industries or occupations, the Armed Forces, or enrollment in post-secondary education. The program's goals for students are economic self-sufficiency, opportunities for advancement, and responsible citizenship.
The definitions that are listed in this section are specific to this proposed part, which governs the Job Corps program. Other definitions that apply to the Job Corps program are defined under secs. 3 and 142 of WIOA. Proposed § 686.120 describes definitions in four categories.
The first category is made up of proposed definitions that are the same as those included in the regulations at 20 CFR 686.120 that governed the Job Corps program under WIA. These are "Absent Without Official Leave (AWOL)," "Capital improvement," "Contract center," "Enrollee," "Enrollment," "Individual with a disability," "Interagency agreement," "Job Corps Director," "National Office," "Placement," "Regional appeal board," "Regional Director," "Regional Office," "Regional Solicitor," "Separation," "Student," and "Unauthorized goods." Because these definitions are the same as those in the WIA regulations, the Department has not included further explanation of them below.
The second category is made up of proposed definitions that are similar to definitions included in the WIA regulations at 20 CFR 670.120, but they have been modified slightly due to differences in the definitions contained in WIOA. These are "Applicable Local Board," "Civilian Conservation Center (CCC), "Contracting Officer," "Graduate," "Job Corps," "Job Corps center," "Low-income individual," "National training contractor," "Operational support services," "Operator," and "Outreach and admissions provider."
The third category is made up of proposed definitions that were not included in the WIA regulations, but they are defined in sec. 142 of WIOA. These are "Applicable one-stop center," "Former Enrollee," and "Service Provider."
The fourth category is made up of proposed definitions that apply to the Job Corps program and are commonly used in these regulations, but do not appear in the WIA regulations or in WIOA. These are "Career Technical Training," "Career Transition Service Provider," and "Participant."
Aside from the terms in the first category, the definitions are explained as the terms appear in this proposed section in alphabetical order, as follows:
Applicable Local Board—The proposed definition of this term implements the definition of "applicable Local Board" contained in sec. 142 of WIOA. It is similar to the definition of "Workforce Investment Board" in the WIA regulations.
Applicable one-stop center—The proposed definition of this term implements the definition contained in sec. 142 of WIOA.
Career Technical Training—The proposed definition of this term means career and technical education and training, which is the term most often used by WIOA rather than "vocational training," as used in WIA.
Career Transition Service Provider—The proposed definition of this term means an organization acting under a contract or other agreement with Job Corps to provide career transition services for graduates and, to the extent possible, for former students. WIOA uses both the term "Career Transition Service Provider" and "Placement Provider" interchangeably. Career transition services are further explained in subpart G of the proposed rule.
Contracting officer—The proposed definition of this term is similar to the definition of "contracting officer" in the WIA regulations, but it does not include "Regional Director," because contracting officers are most often not Regional Directors.
Former Enrollee—The proposed definition of this term implements the definition contained in sec. 142 of WIOA.
Graduate—The proposed definition of this term implements the definition contained in sec. 142 of WIOA.
Job Corps—The proposed definition of this term is similar to the definition of "Job Corps" in the WIA regulations, but it clarifies that the Job Corps is established within the Department and cites the applicable section of WIOA.
Job Corps center—The proposed definition of this term is the same as the definition in the WIA regulations, except that this definition cites the applicable section of WIOA.
Low-income individual—The proposed definition of this term is the same as the definition in the WIA regulations, except that this definition cites the applicable section of WIOA.
National training contractor—The proposed definition of this term is slightly different from the definition in the WIA regulations, because the term "career and technical training" is used rather than "vocational training." However, the meaning remains unchanged.
Operational support services—The proposed definition of this term is slightly different from the definition in the WIA regulations, because the term "career and technical training" is used instead of "vocational training." However, the meaning remains unchanged.
Operator—The proposed definition of this term implements the definition of "operator" contained in sec. 142 of WIOA. It is similar to the definition of "center operator" in the WIA regulations.
Outreach and admissions provider - The proposed definition of this term is similar to the definition of "outreach Start Printed Page 20774and admissions agency" in the WIA regulations, but it clarifies that the entity performs recruitment in addition to outreach and enrollment activities, consistent with the definition in sec. 142 of WIOA.
Participant—The proposed definition of this term clarifies which individuals are considered participants for performance reporting purposes under proposed § 686.1010. The definition of participant includes graduates and those enrollees and former enrollees who have completed the career preparation period. It also includes enrollees and former enrollees who have remained in the program for 60 days or more, regardless of whether they have completed their career preparation period. During the career preparation period, the student learns, demonstrates, and practices personal responsibility and skills required in the workplace; learns, demonstrates, and practices job search skills; visits and learns about one-stop centers; and creates a personal career development plan with the help of staff. In most cases, the career preparation period culminates with the commitment to the Personal Career Development Plan. The Department proposes this limitation because students are not assigned to trades and are not generally receiving the services described subpart E of this part until the career preparation period is completed. The career preparation period is described in Job Corps' Policy and Requirements Handbook.
Service Provider—The proposed definition of this term implements the definition contained in sec. 142 of WIOA.
Proposed § 686.130 describes the role of the Job Corps Director, noting that he/she has been delegated authority to carry out the responsibility of the Secretary under title I, subtitle C of WIOA related to the operation of the Job Corps program. Proposed § 686.130 also clarifies that references in this part referring to "guidelines" or "procedures issued by the Secretary" mean that the Job Corps Director issues such guidelines. This proposed section retains the same requirements as those found at 20 CFR 686.130.
This proposed subpart describes how sites for Job Corps centers are selected, the handling of capital improvements and new construction on Job Corps centers, and responsibilities for facility protection and maintenance. The requirements in this subpart are not significantly different from the corresponding requirements in the WIA Job Corps regulations at 20 CFR part 686 subpart B. The Secretary, through delegation of authority to the National Director of Job Corps, must approve the location and size of all Job Corps centers, and establish procedures for requesting, approving, and initiating capital improvement and new construction on Job Corps centers, which serves to strengthen and enhance the program as a whole.
Proposed § 686.200 explains that the Secretary must approve the location and size of all Job Corps centers, including both contract centers and CCCs. The Secretary also establishes procedures for making decisions concerning the establishment, relocation, expansion, or closing of contract centers.
Proposed § 686.210 states that the Secretary establishes procedures for requesting, approving, and initiating capital improvements and new construction on Job Corps centers.
Proposed § 686.220 states that the Secretary establishes procedures for the protection and maintenance of contract center facilities owned or leased by the Department. The proposed section also states that when the Department of Agriculture operates CCCs on public land, it will be responsible for the protection and maintenance of CCC facilities. The Secretary issues procedures for conducting periodic facility surveys of centers to determine their condition and to identify additional physical needs. This proposed section retains the same requirements found at 20 CFR 670.220.
In this proposed subpart the Department implements new requirements of WIOA with regard to the operators of high-performing centers, the length of contractual agreements to operate Job Corps centers, and how entities are selected to receive funding to operate Job Corps centers and to provide outreach, admissions, and career transition support services. In addition to adding to the list of considerations currently used in selecting Job Corps center operators and service providers, WIOA emphasizes competition to increase the performance and quality of the Job Corps program. WIOA also provides that an entity, in its role as incumbent operator of a center deemed to be high performing, may compete in any competitive selection process carried out for an award to operate that center, even in cases where the selection of the operator is set aside for small businesses as required by the Federal Acquisition Regulation. This serves to ensure continued access to high quality training and education for Job Corps students, since a high performing incumbent operator has an established and proven record of providing it. WIOA also provides that a center operations contracts cannot exceed 2 years, with three 1-year options to renew. This codifies current Job Corps practice. Furthermore, WIOA precludes the Secretary from exercising an option to renew a center operations contract for an additional 1-year period if certain criteria are not met, with limited exceptions. All of these new and expanded provisions follow WIOA's theme of enhancing the Job Corps program and providing access to high quality training and education by ensuring Job Corps centers are staffed with high quality service providers.
Proposed § 686.300 implements secs. 147(a)(1), 147(e), and 145(a)(3) of WIOA, establishing the entities eligible to receive funds to operate Job Corps centers, and to provide outreach and admissions, career transition, and other operational support services.
Proposed paragraphs (a)(1), (a)(2), and (a)(4) reflect the entities eligible to operate Job Corps centers listed in WIOA sec. 147(a)(1)(A). Proposed paragraph (a)(3) includes "Indian tribes and organizations" as eligible center operators, consistent with sec. 147(e) of WIOA. For purposes of this section, the Department interprets "Indian tribes and organizations" consistent with sec. 147(e)(2) of WIOA, which provides that the terms "Indian" and "Indian tribe" have the meanings given them in sec. 4 of the ISDEAA (codified at 25 U.S.C. 450b(d) and (e)), which says that "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (codified at 43 U.S.C. 1601 et seq.), which is recognized as Start Printed Page 20775eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
Proposed paragraph (b) lists the entities eligible to receive funds to provide necessary services to Job Corps centers, including outreach and admissions, career transition, and other operational support services. Generally, as provided in WIOA sec. 147(a)(1)(B), local or other entities with the necessary capacity to provide activities described in this part are considered eligible entities. Paragraphs (b)(1), (b)(2), and (b)(3) reflect the entities listed in sec. 145(a)(3) of WIOA. Currently Job Corps also allows private for-profit and non-profit corporations to act as eligible service providers; paragraph (b)(2) clarifies that private for-profit and non-profit corporations continue to be included as business organizations eligible to receive funds as service providers.
Proposed § 686.310 implements secs. 147(a)(2) and (a)(3) of WIOA, which contain new provisions to strengthen the Job Corps contracting process by requiring specific criteria that emphasize quality, performance, and accountability to be addressed as part of the selection process for center operators. The proposed section adopts these criteria to improve the effectiveness of the program in helping young people become responsible citizens by providing them with the skills they need for successful careers in in-demand industry sectors, occupations, or the Armed Forces, or for enrollment in post-secondary education. The Department welcomes comments on how best to embed a focus on quality, performance, and accountability into the procurement process.
Proposed § 686.310(a) implements sec. 147(a)(2)(A) of WIOA, stating that the Secretary selects eligible entities to operate contract centers on a competitive basis in accordance with applicable statutes and regulations. This paragraph also explains that in selecting an entity, ETA issues requests for proposals (RFPs) for the operation of all contact centers according to the Federal Acquisition Regulation (48 chapter 1) and the Department's Acquisition Regulation (48 chapter 29). ETA develops RFPs for center operators in consultation with the Governor, the center workforce council (if established), and the Local Board for the workforce development area in which the center is located.
Proposed paragraph (b) requires that the RFPs for each contract center describe uniform specifications and standards, as well as specifications and requirements that are unique to the operation of the specific center.
Proposed paragraph (c) implements the factors for selection of an entity to operate a Job Corps center established in sec. 147(a)(2)(B)(i) of WIOA, by specifying that the selection criteria will be established by the Secretary and set forth in the RFP. Proposed paragraphs (c)(1) through (5) set forth the specific criteria that must be included in the RFP, as listed in sec. 147(a)(2)(B)(i) of WIOA. Paragraph (c)(1) retains the language found in the WIA regulations at 20 CFR 670.310(c)(1), requiring that the offeror demonstrate its ability to coordinate the activities carried out through the Job Corps center with activities carried out under the appropriate State and local workforce investment plans. This supports the overall goal of better connecting and aligning Job Corps with the workforce system.
Proposed paragraphs (c)(2) through (4) implement the criteria at WIOA secs. 147(a)(2)(B)(i)(II) through 147(a)(2)(B)(i)(IV). These provisions support the goal of better alignment with the workforce system and the increased focus on past performance and student outcomes against the primary indicators of performance for eligible youth and the Job Corps program.
Proposed paragraph (c)(5) is a new element in the selection process established in sec. 147(a)(2)(B)(i)(V) of WIOA, requiring that the criteria include the offeror's ability to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including providing them with intensive academics and career and technical training. This aligns with the increased focus on student outcomes and emphasizes the purpose of the program, which is to provide students with the skills they need for successful careers in in-demand industries, occupations, or the Armed Forces, or to continue on to post-secondary education. The Department welcomes comments on how to assess potential offerors' past records in assisting at-risk youth to connect to the workforce.
Proposed paragraph (d) implements the additional factors for selection of an entity to operate a Job Corps center that are specified in sec. 147(a)(3) of WIOA. These provisions support the goals of better alignment with the workforce system and increased focus on past performance and student outcomes against the primary indicators of performance for eligible youth and the Job Corps program. In addition, paragraph (d) specifies that the information described in paragraphs (d)(1) through (11) must be submitted at such time in the procurement process, and in such form, as the Secretary determines is appropriate.
Proposed § 686.320(a) implements sec. 147(b)(1) of WIOA, allowing an entity that, in its role as the incumbent operator of a center, meets the requirements of this section to be considered an operator of a high-performing center. If the entity is considered an operator of a high-performing center, the entity must be allowed to compete in any competitive selection process carried out for an award to operate that center. This means that in cases where the selection of the operator of a particular center is set aside for small businesses as required by the Federal Acquisition Regulation, the incumbent operator may participate in the subsequent competition for the center operations contract even if the operator would be otherwise ineligible to compete as a result of the set-aside.
Proposed paragraph (b) implements sec. 147(b)(2) of WIOA, which provides the criteria an operator must meet to be considered an operator of a high-performing center for the purposes of paragraph (a). First, under paragraph (b)(1), the center must be ranked among the top 20 percent of Job Corps centers for the most recent preceding PY according to the ranking described in proposed § 686.1070. Second, under paragraph (b)(2), the center must meet the expected levels of performance established with respect to each of the primary indicators of performance for eligible youth found in proposed § 686.1000. A center will be determined to have met the expected measures of performance if, per proposed § 686.320(b)(2)(i) and (ii), it achieved an average of at least 100 percent of the expected level of performance for the indicator over the most recent preceding 3 PYs, and, for the most recent preceding PY for which information is available at the time the determination is made, the center achieved at least 100 percent of the expected level of performance established for the indicator. This provision emphasizes the importance of meeting the expected levels of performance related to the primary indicators, by providing an opportunity for the most successful incumbent contractors to compete to operate a high-performing center even if Start Printed Page 20776the competition for that center is a small business set-aside and the incumbent would not normally meet the criteria to compete in a small business set-aside competition. The Department anticipates going through the market research phase of the competition before determining whether the competition will be set aside for small businesses; a determination as to whether the incumbent contractor meets the criteria in proposed paragraph (b) will likely be made after the market research phase is completed and before the issuance of the solicitation.
Proposed paragraph (c) implements the transition procedures in sec. 147(b)(3) of WIOA, and describes the criteria that must be met for an operator to be considered to be an operator of a high-performing center if any of the PYs described in paragraph (b) precede the implementation of the establishment of the expected levels of performance and the application of the primary indicators of performance for eligible youth.
Proposed § 686.330 implements secs. 147(f)-(g) of WIOA, which contain new provisions to strengthen the Job Corps contracting process by enacting new requirements for the length of center operations contracts and the conditions under which they may be renewed. These provisions emphasize quality and integrity in center operators and direct the Secretary not to exercise option years for contracts where minimum standards of performance related to the primary indicators of performance for eligible youth are not met. These provisions further support the overall vision of improved performance and accountability for the Job Corps program.
Proposed § 686.330(a) implements sec. 147(f) of WIOA, which provides that contracts to operate a Job Corps center cannot exceed 2 years, but that the Secretary can exercise any contractual option to renew the agreement in 1-year increments for not more than 3 additional years. This proposed paragraph reflects current Job Corps contracting practice.
Proposed paragraph (b) explains that the Secretary will establish procedures for evaluating the option to renew an agreement that include an assessment of the factors described in proposed paragraph (c), a review of contract performance and financial reporting compliance, a review of the program management and performance data described in proposed §§ 686.975 and 686.980, and an evaluation of the factors described in proposed paragraph (d).
Proposed paragraph (c) implements sec. 147(g)(4) of WIOA, which establishes conditions that must be met for the Secretary to exercise a contractual option to renew an agreement for an entity to operate a Job Corps center.
Proposed paragraph (d) implements sec. 147(g)(1) of WIOA, which prohibits the Secretary from renewing an agreement for an entity to operate a Job Corps center for any 1-year additional period if, for both of the 2 most recent preceding PYs for which information is available at the time the determination to exercise an option is made, the center both has been ranked in the lowest 10 percent of Job Corps centers according to the ranking described in proposed § 686.1070 and has failed to achieve an average of 50 percent or higher of the expected level of performance with respect to each of the primary indicators of performance for eligible youth (as described in proposed § 686.1000). If a second year of program data is unavailable at the time the determination regarding the contractual option is made, proposed paragraph (d) requires the use of data from the preceding year from which performance information is available. This provision emphasizes the center operator's accountability for meeting the expected levels of performance related to the primary indicators by establishing minimum performance standards that must be met for the Secretary to exercise an option year.
Proposed paragraph (e) addresses the availability of information and data necessary to make the determination required by proposed paragraph (d). The availability of sufficient information to make this determination is a particular concern in situations where there is a change of operators at the beginning of an agreement, and there is a period of time during which student outcome data, and thus the primary indicators of performance, reflect the performance of the previous operator rather than the operator upon whose contract the determination is being made.
In order to prevent an entity from being penalized for the poor performance of the previous operator, proposed paragraph (e)(1) states that information will only be considered to be available for a PY for purposes of paragraph (d) if for each of the primary indicators of performance, all of the students included in the cohort being measured either began their participation under the current center operator or, if they began their participation under the previous center operator, were on center for at least 6 months under the current operator. Six months represents a sufficient length of time for the efforts of the current operator to influence the outcomes achieved by a student. Proposed paragraph (e)(2) further provides that if complete information for any of the indicators of performance described in paragraph (d)(2) is not available for either of the 2 PYs described in paragraph (d), the Secretary will review partial PY data from the most recent PY for those indicators, if at least 2 quarters of data are available, when making the determination required under paragraph (d)(2). The Department recognizes that data for some of the primary indicators of performance do not become mature for an extended period of time. For example, employment in the fourth quarter after exit and credential attainment are measured more than a year after the student exits the program and then are reported in a subsequent quarter. Because the Secretary's decision on whether to exercise the first option year is normally made about 18 months after the contract begins, in many cases complete information on employment in the fourth quarter after exit and credential attainment will not be available at the time the first option year decision is made. The Department invites comments on the issue of information availability, including the threshold for the point at which the performance of the center reflects the performance of the current operator.
Proposed paragraph (f) provides a transition provision for establishing the criteria that must be met for an operator to meet the requirements of proposed paragraph (d). The transition provisions apply if any of the PYs described in paragraph (d) precede the implementation of the primary indicators of performance for eligible youth and establishment of the expected levels of performance. While the WIOA statute does not include a transition provision | {
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The Linden Clear/Gray Right Corner Nook Set w/Bench adds a great sense of style to a dining room or kitchen. The table is absolutely stunning with its glass top placed over an angled base made of polished stainless steel. The corner nook bench and bench include an ideal amount of seating with leatherette upholstery in pebble gray with a soft surface. | {
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In: Manitoba, Op-ed, Winnipeg
Tagged: links, News, Op-ed
by Bryan Munn
Let's see what I forget…
1. Publishing
2006 was quite an impressive year for comics actually published in Canada. Besides the predictable demise of Toronto's ill-fated Speakeasy, the year was generally positive for publishers and, by extension, the cartoonists they publish. While I'm sure most of these outfits are struggling and very few cartoonists (can you name more than twenty?) actually make a decent living from comics and must make ends meet with illustration gigs, teaching, etc, the ability of a large group of small presses to relatively thrive is news in itself. 2006 saw the surprising continued survival of Mr. Comics, one of the few publishers to try appealing to the traditional superhero/adventure comics monthly pamphlet market. In 2006, Hope Larson became a publisher and several more established presses produced a huge amount of books. L' Oie de Cravan, Mecanique Generale, Conundrum Press, Les 400 Coups, and Drawn and Quarterly all had banner years in terms of quality and quantity of published comics. Toronto's Kiss Machine and a variety of self-publishers, mini-comics engines, webcomics sites and tiny boutique presses also published some interesting work. So much is going on it is sometimes hard to keep track: were there more than 100 comics published in Canada in 2006? 200? 300? I have no idea.
2.Cartoonist milestones
While the major story continues to be the seemingly ever-increasing respect that comics and cartoonists in general are getting from readers and the media, 2006 was a pretty good year for a select group of cartoonists. Off the top of my head, creators like Michel Rabagliati, Bryan Lee O'Malley, Mark Bell, and Seth all achieved high profile publishing deals, coverage and recognition that would have seemed like pipe- dreams a few years ago. As well, many of the cartoonists and writers who toil away in the traditional world of U.S. genre comics continue to carve out (some quite successfully!) viable careers for themselves –see the massive list put out by the Shusters people last week to understand the amount of work being done for that market. Maybe J. Torres and Darwyn Cooke exemplify the heights that have been scaled there.
Sequential did its best to link to coverage of the major comics-related awards in Canada in 2006:
Shuster Winners
Political cartooning
Prix Bedelys
Expozine
Bedeis Causa
4. Passages
2006 saw several cartoonists pass away, including editorial cartoonists Ed Franklin and Sid Barron. 1940s Canadian Whites cartoonist Michael "Bud" Riley and pioneering graphic novelist Bus Griffiths also passed away.
2006 also saw the deaths of Winnipeg-born Playboy magazine cartoon editor Michelle Urry and comics scholar Lillian Robinson.
5. Censorship and cartoon criminality
Unfortunately 2006 did not see the end of comics censorship in Canada. Canada Customs continued its practice of blocking the import of comics on obscenity grounds using an arbitrary and ignorant system and hassling many legit retailers and average consumers. Lost Girls was the most high-profile case but there are many more examples. One case we didn't link to was Elizabeth McClung's ordeal trying to bring some manga into Canada, as she documents on her blog Screw Bronze!.
The government did have some luck in finding some seemingly real comics contraband in a few cases.
Censorship wasn't limited to government agencies in 2006. Bookseller Chapters/Indigo was lambasted over its refusal to carry an issue of US magazine Harper's because of controversial content related to the Danish Cartoon Controversy. General fallout over the Danish controversy (the biggest comics story worldwide for the last few years) continued well into July and still hasn't abated in some quarters.
On a related note, Sequential covered several other international stories with a Canadian connection, including the trials of Iranian exile Nik Kowsar and of Mana Neyestani. Sequential also interviewed Marc Pageu, the only Canadian cartoonist who wanted to have anything to do with Iran's ridiculous and generally hateful Holocaust cartoon contest.
That's about it. Sequential tried to be a daily (well, at least every weekday) guide to all that was newsworthy or at least interesting in the world of Canadian comics and cartooning in 2006. We didn't always catch everything and sometimes our linkblogging was a little late or amateurish but we hope that some of the things that turned up here were of use (or maybe just entertaining) to some part of our tiny readership. Here's to a better and more professional 2007 for Sequential and team Canada comics!
Previous Post: Bus Griffiths, 1913-2006
Next Post: Said Shiraga Rahimi, 1971-2007
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"Bosses Know Best" is the slogan of Mr. Block: a bumbling, boss-loving, anti-union blockhead, brought to life over a hundred years ago by subversive cartoonist and IWW activist Ernest Riebe. Mr. Block has written himself into labour history as the working class's biggest blockhead. Why? Because he believes that the wage system is basically good and the bosses have his best interests at heart. Join us for a virtual panel discussion on Ernest Riebe's labour cartoon anti-hero Mr. Block, and find out why his exploits still resonate today. In this panel, the authors of two new books on the legacy of Mr. Block will discuss the enduring lessons from Riebe's subversive comics and satirical writings poking fun at conservative workers' faith in the capitalist system that exploits them. More info here: fb.me/e/2qXolU6FI ... See MoreSee Less
Le Grand Prix 2023 est décerné à... Riad Sattouf ! Né en 1978, il est auteur de bandes dessinées et réalisateur. Son enfance se déroule entre la Libye, la Syrie et la Bretagne. Il étudie les arts appliqués à Nantes, puis le cinéma d'animation à Paris, à l'école des Gobelins. Il a publié Les Pauvres Aventures de Jérémie, Manuel du puceau, No sex in New York, Pipit Farlouse, Retour au collège, Pascal Brutal, La Vie secrète des jeunes, Le Jeune Acteur, et aussi L'Arabe du futur qui relate l'enfance de l'auteur en Libye puis en Syrie, et Les Cahiers d'Esther racontant la vie quotidienne d'une jeune fille à partir de ses 9 ans. Il est également le réalisateur de deux longs-métrages : Les Beaux Gosses (2009), César du meilleur premier film, et Jacky au royaume des filles (2014). ... See MoreSee Less
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Published by Spilt Ink Comics! | {
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The presence of SMN1 exon 7 does not entirely exclude a diagnosis of SMA. Although the absence of both copies of the SMN1 gene is a very reliable and sensitive assay for the majority of SMA patients, about 6% of affected patients have other types of mutations in the SMN1 gene that will not be detected by PCR deletion testing.34 Most of these patients will be compound heterozygotes, with one SMN1 allele deleted and the other allele with a point mutation or other small insertion or deletion. If the clinical suspicion remains high after a negative deletion test, then dosage carrier testing to determine whether there is a single copy of SMN1 should be considered. A dosage testing result of two copies of the SMN1 gene greatly reduces the likelihood of SMA.
The carrier test has two limitations. The first is the presence of de novo mutational events in the SMN1 gene. The de novo mutation rate for this gene has been observed to be approximately 2%, which is high when compared to most autosomal recessive disorders.35 The second limitation of the carrier test is the finding of two SMN1 genes on a single chromosome. The allele frequency of the 2-copy SMN1 chromosome is approximately 2% in the general population. The finding of two SMN1 genes on a single chromosome has serious genetic counseling implications, because a carrier individual with two SMN1 genes on one chromosome would have the same dosage result as a non-carrier with two SMN1 gene copies on each chromosome 5. Approximately 5% of parents of a single affected SMA child have two SMN1 gene copies by dosage analysis. Thus, although, the finding of normal dosage significantly reduces the risk of being a carrier,there is still a recurrence risk of future affected offspring for individuals with two SMN1 gene copies. Thus, risk assessment calculations using Bayesian analysis are essential for the proper genetic counseling of SMA families (see chapter 5). | {
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Caution urged on Yampa River as commercial tubing season starts in Steamboat Springs
The twisted frame of a canoe is jammed on the rocks of the Yampa River just past 12th Street. The canoe's owner, John Fielding, and his son were able to swim to shore Thursday evening after the canoe tipped. Fielding said he will wait for the water to recede to safe levels before trying to recover the craft.
John F. Russell
Steamboat Springs — Steamboat Springs resident John Fielding and his son will tell you that the 700 cubic feet per second mark that signifies the start of commercial tubing season on the Yampa River doesn't mean a mild, lazy river float.
On Thursday, the Fieldings' canoe sprang a leak and overturned.
"We got sideways and were tossed out of the canoe. Even though we were wearing life jackets, we both found it very hard to swim. I thought there was a real possibility of drowning," Fielding said.
The Fieldings' abandoned canoe is wrapped around a boulder across from 12th Street. It serves as a warning to residents and visitors that floating the Yampa should be treated with a bit more caution than a trip to Water World.
"That powerful current can be very dangerous," Fielding said.
The Yampa River through Steamboat Springs hit the top end of commercial tubing levels Wednesday when it dropped below 700 cfs where it's measured below the Fifth Street Bridge.
"The community embraces the river. It's the focal point of our community, so it's natural to want to be on it," said Peter Van De Carr, owner of tubing outfitter Backdoor Sports and member of the river protection group Friends of the Yampa.
"It's an economical, enjoyable, refreshing and fun activity that almost anyone can do," said John Kole, owner of One Stop Ski Shop, a commercial tubing outfitter.
It's the "almost" that those concerned with river safety think needs to be stressed.
"We make sure people are physically, mentally and emotionally ready for it. Ninety-nine percent of people are very capable of this, but it's that 1 percent we're trying to warn off," said Van De Carr.
Van De Carr advised all river users to wear footwear and life jackets.
Steamboat Springs Fire Safety Chief Mel Stewart echoed that sentiment.
"Certainly just be cautious, wear your life jacket and don't drink while you're on the river."
Aside from safety precautions, commercial tubing businesses also put emphasis on making sure the Yampa remains part of the Yampa Valley culture for many years to come.
"Don't litter. Don't bring Styrofoam on the water," Kole stressed. "Be aware of in and out points so you don't disturb the banks."
"Understand the boundaries," Van De Carr said. "People should observe the Yampa River Management Plan that says you should only put in at Fetcher Pond and below."
Those interested in helping clean up the river can join Friends of the Yampa during multiple cleanup events scheduled throughout the summer to help make sure tubing remains one of Steamboat's seasonal hallmarks.
"Our river is beautiful, clean and the centerpiece of town," Van De Carr said. "It's something that a whole family can do and enjoy."
Jake Miller, a 2012 graduate of Steamboat Springs High School, is working as a summer intern for the Steamboat Pilot & Today. He recently completed his freshman year at Nebraska Wesleyan University.
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I read your last email and I clearly explained to you how I got your email and the reason why I contacted you.
I want you to know that this is a very serious transaction and I want you to handle the project as such.
It is therefore important that we address the main conceptual objective of the project and thus avoid any other minor issues that will only delay the execution of this project.
As I wait to hear from you,do have a very pleasant week ahead.
do you think that is script? the english is very impressive.
Man, these guys are smarter than we give them credit for.
I keep unintentionally talking down to them, using small words, but then I realised how much of a command they have of the English language.
Not all of them write in mugu talk.
OK SEND ME YOUR ACCOUNT INFORMATIONS AND THE NAME OF YOUR BANK SO THAT I WILL QUICKLY FEEL THE FORM AND RETURN IT BACK TO THE BIAO BANK OF AFRICA I MEAN THE ACCOUNT THAT CAN BE ABLE TO CONTAIN THE TOTAL SUM 18.5 MILLION DOLLARS.
AND ALSO YOUR AGE AND YOUR HOME ADDRESS IN UNITED STATE OF AMERICA.
All the more reason to belittle them...when they get haughty it's time to take them down a peg. Remember, the lad contacted you, asking for your help.
Their command of english really shouldn't be the basis of how you treat them, but what the point of your bait is.
Please tell me he's the barrister.
I want to fire him immediately just to read his indignant reaction.
DAMN...posted too late and not the Barrister.
It looks like the intro man has all the brains.
Fire the Barrister and deal with conceptual objective Lad directly.
and there was me thinking he was pimping himself out to the franchise scum aka MK Dongs!!!
^^ i didn't mean to refer all lads are stupid, i wondered if maybe that's his script?
It may just be me, but I sometime get some on-script stuff that requires a lot of thought just to make out exactly what the scam is supposed to be...other then the "send me your info" part anyway.
I started baiting using a simple "I don't understand" response, but often times now I really mean it. | {
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As I was shooting photos at a baby shower this past weekend, I had an epiphany: I really enjoy shooting photos of kids. I mean, I always knew that, but it became so apparent when I reviewed all my photos from the day. The ones of the kids really shined. I was so inspired by that experience that I grabbed my video buddy Marc and pitched a new project: Seriously build our children's portrait portfolio (his video portfolio, and my photo portfolio). He obliged (when has he ever told me no?).
So the email went out to my friends & family: a free Christmas Card Photoshoot of your kids! 3 shoots, all in the month of October. Within a few hours, we had our 3 families who gladly obliged. I'm over the moon about it and really think this is the jump start I need for my new photography business.
This entry was posted on Friday, September 16th, 2011 at 9:21 am and is filed under I am a photog. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
You should consider going to a third world country [maybe even on a mission] and taking pictures! When I went back in '08, all the kids would ask me if I could take a picture of them! They close to never see a camera and certainly don't own one. Being able to have their picture taken and seeing it on the display screen makes their day! =] Plus, you'll be able to get some really amazing shots and capture expressions that you would be different from the kids here! | {
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You are here: Home / Investors / Stock Analysts / Lithium Americas' (LAC) Q1 Earnings Beat, Sales Miss Estimates
Lithium Americas' (LAC) Q1 Earnings Beat, Sales Miss Estimates
May 17, 2019 at 9:26 am by SR Staff in: Stock Analysts Comment
Lithium Americas Corp. LAC incurred net loss of around $4.5 million or 5 cents per share compared with a net loss of roughly $4.6 million or 5 cents in the year-ago quarter. Loss per share was narrower than the Zacks Consensus Estimate of a loss of 6 cents.
Total sales rose 16.8% year over year to roughly $1.3 million. However, the figure trailed the Zacks Consensus Estimate of $1.8 million.
Lithium Americas Corp. Price, Consensus and EPS Surprise
Lithium Americas Corp. price-consensus-eps-surprise-chart | Lithium Americas Corp. Quote
Project Update
Cauchari-Olaroz: The company inked a definitive transaction deal with Ganfeng Lithium Co., Ltd. in April 2019. Per the arrangement, Ganfeng has agreed to subscribe the newly issued 141 million shares of Minera Exar for roughly $160 million. The move enables Ganfeng to raise direct interest in the Cauchari-Olaroz project to 50% from 37.5%. Lithium Americas holds the remaining 50% interest.
Lithium Nevada: The company has submitted environmental baseline data and a conceptual Mine Plan of Operations to the Bureau of Land Management for the Thacker Pass project. The permitting process is underway. Lithium Americas is evaluating potential partnership and financing scenarios for the project.
As of Mar 31, 2019, cash and cash equivalents were $36.2 million, down 16.8% year over year. Lithium Americas has credit facility of $205 million to finance share of capital expenditures in Minera Exar. Since the credit facility started, the company has drawn $63.1 million.
Lithium Americas stated that it focuses on advancing the Cauchari-Olaroz and Thacker Pass projects, which will enable it to address the growing global demand for lithium.
Pond construction for the Cauchari-Olaroz project is per schedule and is slated to complete all evaporation ponds covering during first-quarter 2020. Moreover, the construction of processing plant has started and is expected to be completed in the second half of 2020. The project is on track to reach production per the current development plan in second-half 2020.
Minera Exar is conducting a feasibility study to boost the stated production capacity of the project from 25,000 tons per annum (tpa) to a total of 40,000 tpa of lithium carbonate.
Lithium Americas is also advancing engineering work and mine plan design for the Thacker Pass project in Nevada.
Lithium Americas' shares have plunged 42.7% in the past year compared with the 32.8% decline of the industry.
Zacks Rank & Key Picks
Lithium Americas currently carries a Zacks Rank #3 (Hold).
Some better-ranked stocks in the basic materials space are Materion Corporation MTRN, Fortescue Metals Group Ltd. FSUGY and AngloGold Ashanti Limited AU, all currently sporting a Zacks Rank #1 (Strong Buy). You can see the complete list of today's Zacks #1 Rank stocks here.
Materion has an expected earnings growth rate of 23.1% for 2019. The company's shares have gained 18.2% in the past year.
Fortescue Metals has an expected earnings growth rate of 101.5% for the current year. The company's shares have surged 58.9% in a year's time.
AngloGold has an expected earnings growth rate of 86.8% for 2019. Its shares have rallied 38.1% in a year's time.
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Indiana Jones and the great divide
The holiday weekend is almost over and "Indiana Jones and the Kingdom of the Crystal Skull" has earned a ton of money -– just short of a record amount, as a matter of fact.
Harrison Ford plays Indiana Jones in "Indiana Jones and the Kingdom of the Crystal Skull."
But has it earned goodwill? Plenty, but not an overwhelming amount.
Rottentomatoes.com's Tomato Meter stands at 79 percent -– very good, but not the 93 percent posted by "Iron Man" a few weeks ago. "Crystal Skull" received a 67 from Metacritic.
And for every Roger Ebert, who points out that you can only compare Indiana Jones films to other Indiana Jones films (and has high praise for them all), there's iReport contributor borisvukov, who called it "absolutely horrible."
But what fascinates me is how many reviewers lay credit (or blame) at Steven Spielberg's feet. Yes, the man is the director (and in an auteur universe, the director is all), and he's as much of a draw as star Harrison Ford and producer George Lucas. (And I can remember, when "Raiders of the Lost Ark" came out in 1981, Lucas was the main draw - Harrison Ford was a "Star Wars" supporting actor, and Spielberg, though championed as the man who directed "Jaws" and "Close Encounters of the Third Kind," was coming off the flop "1941.")
Anyway, I'd say Spielberg is the reason "Crystal Skull" works as well as it does. What other director could pull off the opening game of chicken with such effortless suspense - and over the credit sequence, yet? Who else could handle that nuclear ghost town sequence with such wit?
No, I'd say the movie's problems (and a chunk of responsibility for those problems) lie with the script (by David "Mission: Impossible" Koepp) and - yes - Lucas, who wanted to do something along the lines of "Indiana Jones and the Martians from Mars."
Lucas may know his action tropes, but Harrison Ford had him right during the production of "Star Wars" when he said, "George, you can type this [crap], but you sure as hell can't say it." When the pulp overwhelms the wit in "Crystal Skull," the film feels like what Lucas probably had in mind. What Lawrence Kasdan or Philip Kaufman could have done with this material!
So, what side of the "Indiana Jones" divide do you come down on? Where does the film rank among the four? Comment below or send longer reviews to us at iReport.
- Todd Leopold, CNN.com Entertainment Producer
Filed under: movies • Uncategorized | {
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Enviably located close to shops, numerous public and private schools, bus station, major transport links and Kwinana Beach, this home should be seen to be appreciated.
12 other 3 bedroom house in Kwinana Town Centre have recently been sold.
In this street, the most recent rental of another house with 3 beds, 2 baths, 2 parking spaces was at number 5, which leased over 1 year ago. | {
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TRAFFIC is returning to normal following a road collision on the M7 motorway this Thursday morning.
A number of vehicles were caught up in the incident which happened shortly after 8am on the northbound carrigeway of the motorway at at J29 Ballysimon.
There were lengthy delays between the Ballysimon and Rosbrien junctions for several hours afterwards.
Gardai from Henry Street station attended the scene and the a number of vehicles had to be removed on trucks.
There are no reports of serious injuries. | {
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Sephora has $15 Boxing Day Deals today! These are available in-store and online, in limited quantities, while supplies last.
At the time of my post I see 15 different $15 sets, but I am sure they will sell out quickly so be sure to get your order in soon! | {
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Konstanze Klosterhalfen (née le à Bonn) est une athlète allemande, spécialiste des courses de demi-fond.
Biographie
2015–2016
Le , en France, à Hyères, Konstanze Klosterhalfen remporte les Championnats d'Europe de cross-country 2015 Junior en un temps de 13 minutes et 12 secondes. Elle remporte également le titre par équipe de championne d'Europe avec l'équipe d'Allemagne.
Le , à Karlsruhe, Konstanze Klosterhalfen établit un nouveau record d'Europe U20 en salle sur 1 500 mètres en 4 min 08 s 38.
Le , Konstanze Klosterhalfen remporte les championnats d'Allemagne junior en salle sur 800 mètres avec un temps de 2 min 03 s 37.
Le , Konstanze Klosterhalfen remporte les championnats d'Allemagne en salle sur 3 000 mètres à Leipzig avec un temps de 8 min 56 s 36. Elle établit ainsi un nouveau record d'Europe U20 en salle sur 3 000 mètres, détenu auparavant par la polonaise Sofia Ennaoui. Cette victoire sur 3000 m lui permet ainsi de remporter son premier titre chez les séniors à tout juste 19 ans.
Le , Konstanze Klosterhalfen court le route de Leverkusen en 32 minutes et 24 secondes.
Le , à Ostrava, Konstanze Klosterhalfen établit son nouveau record personnel sur 1 500 mètres en 4 min 06 s 91 synonyme de minima pour les Jeux olympiques d'été de 2016 où elle se fera éliminer en demi-finale.
Le , Konstanze Klosterhalfen remporte la médaille de bronze aux championnats du monde juniors sur 3 000 mètres en 8 min 46 s 74 synonyme de nouveau record d'Europe U20.
2016–2017
Le , en Italie, à Chia, Konstanze Klosterhalfen remporte les Championnats d'Europe de cross-country 2016 Junior pour la seconde fois après avoir remporté les championnats d'Europe de cross Junior 2015, en France.
Le , à Belgrade, Konstanze Klosterhalfen remporte la médaille d'argent au championnat d'Europe indoor sur 1 500 mètres. Elle remporte ainsi sa première médaille internationale chez les « grands ».
Le , à Karlsruhe, Konstanze Klosterhalfen descend pour la première fois de sa carrière sous les 15 minutes sur en parcourant la distance en 14 min 51 s 38.
Le suivant, elle porte son record du 800 m 1 min 59 s 65. Le , lors du Golden Gala de Rome, Klosterhalfen descend pour la première fois sous les 4 minutes au , en réalisant le très bon temps de 3 min 59 s 30. de la course derrière Sifan Hassan (3 min 56 s 22), l'Allemande se distingue en devenant la Allemande la plus rapide de tous les temps sur cette distance et devient la plus jeune athlète à passer sous les barrières des 2 minutes au 800, des 4 minutes au 1 500 et des 15 minutes au 5 000 m.
Le , Konstanze Klosterhalfen remporte les championnats d'Allemagne sur 1500 m en 3 min 59 s 38. Elle se distingue en courant pour la seconde fois de sa carrière le en moins de 4 minutes tout cela en ayant mené la course du début à la fin.
Le , en demi-finale des championnats du monde de Londres, elle crée la sensation en réalisant une accélération brutale à 2 tours de l'arrivée dans une course très lente. Malheureusement, elle paie ses efforts et termine .
Le , pour sa dernière course de la saison, elle remporte chez elle, en Allemagne, l'ISTAF Berlin en 3 min 58 s 92 synonyme de nouveau record personnel.
Le , Konstanze Klosterhalfen termine à la seconde place aux championnats d'Europe de Cross Country 2017 dans la catégorie U23. Elle remporte également l'argent par équipe.
2018
Le , Konstanze Klosterhalfen améliore son record personnel sur 1500 m en salle à Karlsruhe, en Allemagne. Elle porte son record à 4 min 04 s 00 dans une course remportée par l'éthiopienne Genzebe Dibaba en 3 min 57 s 45.
Le , à l'occasion des championnats d'Allemagne en salle à Dortmund, elle signe une performance de haute volée sur 3000 m. Elle est sacrée championne d'Allemagne et bat le record national en 8 min 36 s 01, améliorant de 5 secondes la marque de Kathrin Ullrich (8 min 41 s 79) datant de 1988.
Le , Konstanze Klosterhalfen termine 7ème des championnats du monde en salle à Birmingham en 8 min 51 s 79.
2019
Le , Konstanze Klosterhalfen remporte le 5000 m au New Balance Indoor Grand Prix à Boston aux Etats-Unis, battant Jennifer Simpson et améliorant son record personnel en 15 min 15 s 80.
Le , lors des championnats d'Allemagne en salle à Leipzig, elle domine le 3 000 m et améliore de 3 secondes son propre record national de la distance en 8 min 32 s 47, meilleure performance mondiale de l'année.
Le 1er mars, aux championnats d'Europe en salle à Glasgow, elle décroche la médaille d'argent du 3000 m derrière Laura Muir. En tête à 300 m de l'arrivée, elle ne résiste pas à l'accélération de la championne écossaise, mais parvient à conserver une confortable deuxième place avec un chrono très honorable de 8 min 34 s 06.
Le , elle remporte les championnats d'Allemagne à Berlin sur 5 000 m et explose en 14 min 26 s 76 le record national détenu par Irina Mikitenko depuis 1999 en 14 min 42 s 03. Elle devient également la meilleure performeuse européenne de l'histoire, dans une course réalisée en solo.
2021
Le , elle court son premier 10 000 mètres lors d'un meeting à Austin. Elle s'impose aisément en , établissant un nouveau record national en battant celui de Kathrin Ullrich vieux de près de 30 ans.
2022
Elle devient championne d'europe du 5 000 mètres à Munich et vice-championne d'europe de cross-country à Turin.
Palmarès
Records
Notes et références
Liens externes
Coureuse de demi-fond allemande
Coureuse de fond allemande
Coureuse de 1 500 mètres
Coureuse de 5 000 mètres
Championne d'Europe d'athlétisme
Athlète (femme) aux Jeux olympiques d'été de 2020
Athlète (femme) aux Jeux olympiques d'été de 2016
Naissance en février 1997
Naissance à Bonn | {
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'HK is not China' flag just fashion, says lawmaker Baggio Leung after oath rejected
Chantal Yuen
The "Hong Kong is not China" flag that he wore on his back during the Legislative Council swearing-in ceremony was "only fashion," Sixtus "Baggio" Leung Chun-hang has said. Leung, who belongs to the localist Younspiration party, spoke about his controversial oath-taking on RTHK radio on Thursday.
He pronounced China as "Chee-na" during the oath because he had an accent, he said.
Legislative Council Secretary Chen Wei-on told Leung that he did not have the authority to administer his oath on Wednesday because the flag gave him "reason to doubt" whether Leung had understood the meaning of the oath.
On the radio Thursday morning, Leung was asked why he pronounced "China" differently on air. He responded that he was "working hard to correct his Ap Lei Chau accent."
Leung was then asked whether he would be able to pronounce the term properly next week, when he is expected to take the oath again. The lawmaker said he "didn't know" and that he would "try his best." He also said that he was unsure whether he would still be using English, or if he will be able to pronounce the other words correctly.
Sixtus "Baggio" Leung, one of the three whose oaths were rejected. Photo: Stanley Leung/HKFP.
"[Chen] said that I didn't understand the oath – maybe he thinks my English is bad," he said.
Leung said that his pronunciation of China as "Chee-na" was not offensive and that Sun Yat-sen, a Chinese revolutionary who was the first president of the Republic of China, also used the term.
"Chee-na" is similar to the Chinese pronunciation of the archaic Japanese name for China, "Shina." The meaning of the word was neutral, but it became a derogatory term for Japanese people to refer to Chinese people during the Sino-Japanese wars. Although the term was later dropped and replaced by "Chugoku," Shina still bears an offensive meaning to most Chinese people.
Yau Wai-ching, whose oath was also rejected on Wednesday, unfurls flag at LegCo. Photo: Stanley Leung/HKFP.
Pro-democracy lawmakers staged protests and altered their oaths as the new term of the Legislative Council kicked off on Wednesday. Two other lawmakers, Yau Wai-ching, also of Youngspiration, and Edward Yiu Chung-yim, representing the Architectural, Surveying, Planning and Landscape functional constituency, also had their oaths rejected Wednesday.
Leung said on Wednesday that he is asking the Legislative Council Secretariat about the legal basis for declaring his oath invalid.
Baggio Leung Edward Yiu LegCo LegCo Oaths Yau Wai-ching
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Surya Deva
'HK is not China' flag just fashion, says lawmaker Baggio Leung after oath rejected | {
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There are many opportunities for development in the City of Eureka. Below are maps that may help you learn more about the area.
Future Land Use Map (PDF) - The Future Land Use Map is an exhibit to the City's 2003 Comprehensive Plan.
Street Map - The Street Map was last revised August, 2010. If a street is missing, it will be included in the next revision.
Zoning Map - The City of Eureka Zoning Map was last revised August, 2010. Zoning Map amendments may have been adopted after the revision date, you may wish to contact City Hall to ensure the most recent zoning of a property.
Please email Julie Wood, Director of Economic Development if you would like more information about a property.
Construction & Zoning
Annual Backflow Prevention Device Inspection
Basement Finish Permits
Driveway Extensions
Exterior Appearance Code
Roof Stains
Reporting Issues with Weeds & Vegetation
How do I set up my utility account? | {
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# - A jni inprocess worker.
# ----> Low lbfactor means less work done by the worker.
# Specify the size of the open connection cache, 1 is the default.
I don't use virtual host. I hope that this is useful for someone.
Con Tiscali By Phone puoi anche ascoltare ed inviare email al telefono. | {
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Hydro Exploitations SA operates within the Electric services sector. In addition to historical fundamental analyses, the complete report available to purchase compares Hydro Exploitations SA with three other electric utilities in Europe: Elektrische Licht- und Kraftanlagen Aktiengesellschaft of Germany (2017 sales of 1.46 million Euro [US$1.65 million] ), Starhedge SA of Poland (4.39 million Polish New Zlotys [US$1.15 million] ), and Frendy Energy Spa which is based in Italy (1.85 million Euro [US$2.09 million] ).
Sales Analysis. During the year ended December of 2017, sales at Hydro Exploitations SA were 1.96 million Euro (US$2.21 million). This is an increase of 6.0% versus 2016, when the company's sales were 1.85 million Euro. Despite this increase, sales are still below the level achieved in 2015, when Hydro Exploitations SA reported sales of 2.07 million Euro. | {
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It is an interesting story how I stumbled upon Lighter Than My Shadow. About a month and a half ago I was in New York City for BookExpo, and as a member of the ABA (the American Booksellers Association) I had been granted special access to a room full of galleys/ARCs (advanced reader copies) of books. In my attempt to be very judicious with my selections (I had to carry everything back from Manhattan to Brooklyn), I was avoiding particularly weighty books, such as Lighter Than My Shadow. But there was just something about it, something that drew me and told me that I had to pick up Katie's book and read it.
Like most kids, Katie was a picky eater. She's sit at the table in silent protest, hide uneaten toast in her bedroom, and listen to parental threats she'd have to eat it for breakfast.
But in any life a set of circumstances can collide, and normal behavior can soon shade into something sinister, something deadly.
Lighter Than My Shadow is a hand-drawn story of struggle and recovery, a trip into the black heart of a taboo illness, an exposure of those who are so weak they prey on the weak, and an inspiration to anybody who believes in the human power to endure towards happiness.
I was extremely lucky when I was nineteen years old to have a grandfather who helped me figure out that my relationship with food and exercise (too little of the former, too much of the latter) was unhealthy. At a time that could reasonably be called the worst point of my life – I had taken a leave of absence from college, my dog and stepfather were both dying from cancer, and I couldn't figure out how to have a positive attitude – I turned to controlling my food and exercise regime to help me cope.
It also goes to show how little we are willing to talk about eating disorders when I can share my experience with strangers on the internet, but when one of my own friends starts to show the warning signs, I attempt to help her in every way I can, save the most important – I'm too scared to tell her that I've been in the exact same position that she is in. I struggle to tell her that I too was not eating and overexercising. It wasn't until after I started reading Lighter Than My Shadow, it wasn't until she'd been struggling for almost 2 full years that I could finally bring myself to share that truth with her – that she wasn't the only one in our friend group to have experienced the despair that accompanies such a loss of control.
Because while a great number of people use their eating disorder as a way to feel in control in a uncontrollable world, exercising that control over yourself also makes you feel out of control, even if you're not willing to admit it to yourself. Katie perfectly captures that feeling through her illustrations and text. If you, or someone you love and care about, is struggling and you're not sure what you can do to help yourself or them, take a look at Lighter Than My Shadow. | {
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If Ballislife and YouTube were around in the mid 90s, two of the most popular high school players you would be seeing a lot of would ...(Read more)
Ronnie Fields Interview | Documentary "Bounce Back" on the best player/dunker you never had a chance to see in the NBA
| July 4th, 2012 | 13,502 Views | High School
If Ballislife and YouTube were around in the mid 90s, two of the most popular high school players you would be seeing a lot of would be Kevin Garnett and his teammate Ronnie Fields. We all know Kevin's story of a high school man child averaging 25, 18, 7, 7 and becoming the first high school player drafted out of high school in decades but most people don't know about the more explosive and exciting player on that team – Ronnie Fields.
With a reported 50 inch vert, the 3-time Parade All-American that averaged 32pts, 12rebs, 4ast, 4stls and 4blks his senior year was heading to DePaul University until everything came to a crashing halt when he broke his neck in a car accident. Academic ineligibility, off the court problems and his health scared away most colleges so he declared himself eligible for the CBA draft where he was a 7th round draft pick. For the next 15 years he played around the world from Venezuela to Turkey to Lebanon to Greece while American basketball fans would constantly ask the question "Whatever happened to Ronnie Fields"
I was one of those people asking that question and the first and to this day the most popular Ronnie Fields video on YouTube is a mix I made back in 2003 featuring high school footage from a poor quality VHS tape that I bought off ebay (THANKS ANTHONY PETOSA) in the late 90s. Just think about that. Every decent high school player now has tons of HD clips on YouTube but how many of them would have home movie style VHS tapes selling on the internet…with buyers!
I bought one and shared it with the world and this week I had the pleasure of speaking with Ronnie Fields about the new documentary "Bounce Back: The Ronnie Fields Story" which we at Ballislife hope to share with the world too. The following is a couple Q & As on a few legendary stories about his dunking exploits and high school days and then there's information on how you can help Ronnie and the filmmakers get this film released.
You were the first sophomore to ever play in the Nike Best of the Best game in 93. Guys like KG & Iverson were there. What do you remember about playing with those older future Allstars.
It was great playing with KG and Iverson because they where the top seniors and juniors at that time. Iverson was my backcourt teammate and I watched Kevin play as well and then we ended up on the same all star team that year.
I know you crossed paths with Vince Carter once or twice. Who was a better dunker you or Vince & did he really turn down an invite to compete against you in a dunk contest?
I think Vince was. I really enjoyed watching him as well as MJ
Being a high flyer from Chicago you were compared to Jordan a lot back then
I could take off far like Jordan but I also had power and the windmill like Dominique.
You were the premier dunker in a class of high flyers that included Lester Earl, Corey Benjamin, Tim Thomas and Kobe Bryant. I heard a story about you beating Corey Benjamin who pulled out every dunk known to man at a Nike camp with just 1 windmill. What went down?
That dunk contest was amazing and to watch a kid (Corey Benjamin) in highschool jump from the free throw line I was in shock but I new I had something special left so I walked up to the basket and pulled out a windmill 360 and the crowd and coaches said it was over.
Eventhough we know you were the best dunker in the world in the mid 90s even more so than that other Chicago guy flying around the United Center, you were quoted in high school saying "Dunking doesn't prove anything! It doesn't prove I can play in college. I want to show people I'm a leader, not just a player" That was a very mature and unexpected comment from a high school junior.
Dunking doesn't prove you can play, it just shows you were blessed to be able to jump and dunk a ball. It's other things that you have to use in a game and that's smarts.
Scoop Jackson did a piece on you for Slam Magazine back in 95 and talked about how your critics said you didn't have a jumpshot and he wrote "He's 17 – why should he shoot when he can embarass anybody that guards him" Do you think your overall game was underrated?
Yeah I think people thought my game was underrated because I was an exciting high school player and people got there money worth when they watched us play.
Nowadays if a high school players averages a double double it seems like they are hyped as the next big thing in the NBA. KG almost averaged a quadruple double (25, 18, 7, 7) in high school while having to share the boxscore with your Junior averages of 20, 9, 5, 3, 3.
KG was the best player I ever played with. He was a student of the game even in high school and I will always cherish those moments we played together and it put a smile on many people faces back then. I'm so happy for all the success he is having too and I hope he can get one more ring (laughing).
[youtube id="Rp_SzdYd2gs" width="600″ height="350″]
Your story couldn't be more different than KG's when you finished high school, beginning with the car accident where you broke your neck. Did you think your basketball career was over?
Yeah. After that I didnt know what was going to happen, but I stand here today thanking the lord for a second chance at life and also to even play basketball as long as I have.
You have spent the last 15 years playing pro ball around the world and won a long list accolades while setting records in leagues. Does it bother you when people say "whatever happened to Ronnie Fields" or "what could have been" as if you never accomplished anything in basketball just because you didn't play in the NBA?
It is a humbling situation that people still ask about me after all these years that makes me fill good that I had an affect on so many people. I'm sorry I couldn't get to the NBA where they could have seen what I could do or can't do but I thank all the people who still remember me.
So the new documentary "Bounce Back: Ronnie Fields" has been in the making for the past 2 years and is almost ready to be relased. What do you want people to get out of this film?
What I want people to get out this story is that even when you are down you can allways bounce back from anything in life and you have to believe in doing the right thing moving forward in life and take every good and bad experience as a learning one. When they see this, it will inspire them to keep focus even when things get tough and believe in themselves.
From the filmmakers: For the last two years we have been working on "Bounce Back: The Ronnie Fields Story" and are looking to secure funding to complete this documentary that we plan to release in time for 2012-2013 basketball season. In his prime, Ronnie Fields was one of the top basketball players in the nation, when a near-fatal car accident shattered his neck along with his dreams. "Bounce Back" is the story of how one of the most legendary basketball players to ever play has continued to battle back to reach his personal pinnacle, while continuing to be an inspiration to as many people as he can reach. With funding we plan on completing post-production, licencing footage, and obtaining domestic and international distribution (TV, DVD, and theatrical), so that as many people as possible can experience the Ronnie Fields story.
CLICK HERE TO SUPPORT THIS FILM ON KICKSTARTER
[youtube id="VI9lppKU4oo" width="600″ height="350″]
[youtube id="BQjWA-SxdGc" width="600″ height="350″]
[youtube id="1DI9-WTcL2Y" width="600″ height="350″]
Tags: bounce back, feature, kevin garnett, ronnie fields | {
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It's a good book, though pretty brief in parts. It makes an OK introduction, though, for precisely that reason.
A more significant complaint might be that it's not objective. There is a distinctive thread running through Armstrong's work, which is her belief that the "true" form of any religion is compassionate, humanist, based on some flavor of the Golden Rule. As such, she simply rejects most forms of fundamentalism, or any religious view that is particularly rigid, oppressive, or violent. That's certainly present here. It's not a neutral view of religion, though, and it's not one that everyone shares. On the other hand, the firmness of her conviction provides Armstrong with a good vantage point from which to elucidate what she calls the "symbiotic relationship" between fundamentalism and "coercive secularism." I found that insight quite thought provoking and valuable, and so I'm more than happy to work through her subjective viewpoint. Nor do I think there would be much value in her qualifying or disclaiming her non-objective sense of religion. All of which is to say, it works for me.
So I enjoyed the book—the third I've read from this author—and I'll probably take a look at A Short History of Myth as well. But I'll also be looking for a more in-depth introduction to Islam, because this one was a little on the compact side. | {
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Adsense is a very popular Monetization Program by Google which helps publishers or Content Creators like us to make Money Online on the Internet.
Using Adsense you can place ads on Website/Blog and make money Online.
Using Adsense you can also make Money on Youtube which most of the Youtube Creators are earning today.
There are Bloggers and Big Brands which make roughly around $1000- $10000 per month using Adsense alone. I will share about Adsense in a Separate Post.
In this Post, You will learn How to Create an Ad Unit in Adsense and start making money Online.
can you give a detailed procedure regarding adsense. I want to apply adsense on a blog of mine which is almost a year old but wasn't active. | {
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Impact Opportunity is a productivity tool which extends and enhances ACT's native opportunity view — delivers additional benefits. Offering a familiar, easy-to-use interface, this ACT! product tool delivers robust features and functionalities you can't enjoy with ACT's native opportunity view. This opportunity, sales and project tracking management addon for ACT! is a must have for any power user.
Impact Opportunity is embedded inside ACT!'s easy-to-use interface, so there's no need to run multiple applications or launch external programs. Once installed it seamlessly updates the opportunity list with a new set of can't-live-without features including a new toolbar. Our addon toolbar becomes part of the interface and enables several new functions: reorder columns, develop your own color coding, edit without reopening contact files and more.
• Add and track ACT!'s activities or activity series for each opportunity as a project management tool.
• View percentage of activities completed by count and cumulative days/hours/minutes.
• Display ACT! fields from the contact record. You can select unlimited number of contact fields.
• Group by fields such as state or country, payment method, record manager or any selected field.
• See your entire notes/details text field not just a little 'icon' representation.
• Redesigned 'Edit Opportunity' window allows you greater flexibility and customization.
• New tabs for; Bill to/Ship to information and activities attached to the opportunity.
• Use color to highlight any opportunity such as sales over a dollar amount, all sales to a customer or specific manager.
• Add colors based on text such as 'send RFP,' 'follow-up,' 'whitening,' 'oil change,' 'take X-ray,' etc.
• Create reports right from the list. No need to wait to print a report in ACT!.
• See subtotals for any group/subset for 'on the fly' calculations and reporting.
• Export to Excel with one click using pre-designed column layouts/export maps.
• Make all opportunity information view able and printable.
• Eliminate steps while making greater use of the ACT! opportunity list.
• Instantly filter by any field using our unique filter row at the top of the list.
• Quickly view, print or export data directly from ACT!.
• Automatic re-numbering when you add or subtract an products or services.
• Personalize printing with larger fonts, additional fields like "cell phone," color coding, etc.
• Merge Contact/Opportunity/Company/Groups fields onto your templates using Verb.
• Quickly access multiple ACT! templates such as invoice, quote or project reports. | {
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Sophomore Enrique Porchas (Kofa HS) went 4 for 7 with two RBIs and a run scored while freshman Cole Cummings also finished 4 for 7 with an RBI and a run scored.
Game 1: South Mountain CC Cougars 7, Pima CC Aztecs 2: The Cougars scored four runs in the 7th inning and held the Aztecs offense to five hits.
Porchas put the Aztecs on the board with an RBI double to score sophomore Phillip Sikes to make it 3-1.
In the 7th inning, freshman Karl Koerper hit a leadoff double and Cummings drove him in. Porchas and Cummings both finished 1 for 3 with an RBI. Koerper went 1 for 3 with a run scored.
Sophomore Adam Moraga (Sunnyside HS) took the loss (2-1) but pitched a solid five innings, giving up two runs (two earned) on four hits with seven strikeouts and one walk.
Game 2: Pima CC Aztecs 2, South Mountain CC Cougars 2 (F/10 game called due to darkness): Porchas drew a walk with two outs in the 10th inning. Sophomore Richard Ware came in to pinch run as he stole second base and advanced to third base on an error. Sophomore Jacob Jacome struck out to end the inning and the game.
Porchas put the Aztecs on the board with a solo home run in the 2nd inning. Down 2-1, the Aztecs tied the game in the 5th when freshman Stockton Pringle (Sahuaro HS) hit into a fielder's choice to score Cummings.
Porchas finished 3 for 4 with an RBI and a run scored while Cummings was 3 for 4 with a run scored.
Sophomore Conner Nantkes threw seven innings giving up two runs (one earned) on seven hits with four strikeouts and two walks. Sophomore Austin Bryan (Sahuarita HS) threw one inning with one strikeout and one walk. Sophomore Hayden Udall (Campo Verde HS) pitched the final two innings with two strikeouts.
The Aztecs will return to the West Campus Aztec baseball field on Saturday when they host an ACCAC doubleheader against Mesa Community College. First game starts at noon. | {
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Why Study Masters Programmes In Finance Accounting In Ireland
Why Study Masters Programmes In Finance & Accounting In Ireland
Ireland is one of the prosperous countries in Europe with world-class infrastructure. Ireland is a beautiful country in Europe who has shaped itself for remarkable economic growth in a short period. This country is the hub of top fortune companies, international banks, financial companies, leading industries, manufacturing, institutes, Architecture, Science research and Tourism. Irish companies & institutes are spread all the stream from finance to business. So the diversity in Irish culture is not just limited to lifestyle but in job opportunities too.
A shining career in Accounting & finance
If you look at the current industrial scenario in Ireland it is surprising to see that Ireland is showing its prominence in financial & accounting service. Top international financial companies have made Ireland as their home by establishing most of their operational work. This revolutionary growth in the finance & accounting industry depicts in Irish Education structure too.
This is the main reason that Ireland has a global level of financial & accounting courses with top-class universities. Their well-qualified faculties and highly trained staff are dedicated to giving the best knowledge to manage funds and optimization assets. Irish universities have all the modern facilities and infrastructure, which make sure the excellent learning of accounting & finance.
World-Standard Irish Universities
Dublin, capital of Ireland, has most regencies universities which offer finance & banking courses for post graduation. Let's take a look at some top 11 finance & banking courses in Ireland.
Master of Science in Finance- Trinity College Dublin
GradDip Actuarial Science- University College Dublin
MSC Actuarial Science- University College Dublin
MSC in Finance & Accounting- Griffith College
Master of Science In Finance- University College Cork
MSC Quantitative Finance- University College Dublin
MEconSc (International Finance)- National University of Ireland, Galway
MSC in Finance- Dublin Institute of technology
Master of Business Administration in Finance- Dublin Business School
Higher Diploma in Science in Fintech- Dublin Business School
Financial Service MSc- University of Limerick
Get 7 Years Stay In Ireland
If you consider graduate study at Griffith College, apply for EECA. While pursuing ECCA, you can stay in Ireland for three years. Once you finish your master's, you will get an exemption of 9 subjects from EECA. After completing the EECA, you will get more three years of PSW in Ireland. It is a total of seven years of visa that you will get.
Immense job opportunities & home to fortunes companies
In any country, education and industries create a replica to each other in other words they become complementary to each other, same with Ireland. Irish universities have the capacity to produce global level talent in the financial & accounting, most of the companies hire that talent locally. Ireland is the home to 20 of the world's top 25 finance service companies. This List includes Allianz, Citibank, Legal & General, J.P. Morgan, HSBC, Bank of China, Pingan, AVIVA, BANCA GENERAL etc.. These companies provide the job to local students at a mass level. It helps students to get good pay and enjoy a luxurious lifestyle.
That's not all
Brexit has proved the blessing for Ireland as more than a dozen companies choose it for their operation with a huge investment. The investment comes from the world's top companies like Willis, CITADEL, TOBAM and Square to establish their set up in Ireland. it gave a push to the Irish economy which also reflects on the job creation too.
The best is
Ireland has a number of opportunities to offer when it comes to financial & accounting. To remove the clutter and select the best Institute to pursue your master programmes in these noble streams contact Edugo Abroad. Edugo Abroad is the admission partner of recognised Irish universities with great experience in overseas education consultancy. Our high network and roots to Irish universities help to Indian students to get their dream come true.
Study Pharma And It From Ireland
Why Study In Ireland Informative Guide
12 Things You Need To Pack For Study Abroad
Learn About Duolingo English Test How Is It Used For Uk Irish Universitys Admission | {
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The Core Belief Balance is a beautiful gift you give yourself.
It's like a "foundation inspection and repair" that we perform on our mind/body/spirt systems! If our foundation can't support the new wing we want to build, our new construction will be unstable at BEST.
First we will muscle test the 26 Core Beliefs and identify the ones that are weak or UNSUPPORTIVE of your highest and best good.
The Core Belief Balance process usually takes around 90 - 120 minutes, but that can vary greatly for certain individuals. You'll want to schedule it on a day when you will be able to rest after your appointment. Alternately you can ask for an evening appointment so bed time won't be too far away.
The Core Belief Balance is a POWERFUL process that takes time to integrate fully into your Mind/Body/Spirit system. So when you purchase a Core Belief Balance session, you also receive either 6 months or 1 YEAR of SUPPORT in the Conscious Creation with Christina online portal.
This includes the Sacred Circle of Conscious Creation which meets via Video Conference twice a month (or you can catch the replay).
The Conscious Creation with Christina portal has a growing library of tools & resources to support you as you release the limits to achieving the life you WANT to live!
FAQ: Can I purchase a Core Belief Balance session WITHOUT the online portal and support group membership?
Not at this time. The Core Belief Balance and the days, weeks and months that follow can be an intense time as you transition to living your life from this newly balanced place.
Usually this is a positive experience where many things in life begin to fall into place more quickly and easily, but sometimes it includes some challenges as "old" unsupportive habits "crumble" to make room for the new, supportive habits we initiated with the Core Belief Balance.
No matter if we experience this transition period as "positive" or "challenging" (or a combination of the two), we can ALL benefit from the support and insights of others who have been through the process. It's important to have this support system already lined up so it's easy to access when the need arises. | {
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A man drove to Virginia Beach to kill his wife. He ended up paralyzed and sentenced to 15 years in prison.
COVID-19 vaccinations in Virginia have begun: Sentara Norfolk gives first doses, other health systems get first batches
Civilian 'ride-along' shot in 2019 ambush files claim against Newport News Police and city
Joe Scarborough drops f-bomb Thursday on MSNBC during impassioned segment
'Stolen' nude photos of Jennifer Lawrence leaked online by hacker
MURDER ENDS VICTIM'S QUEST FOR FINANCIAL SUCCESS
O. WATTS BOOTH
Mistrial declared third time in Newport News homicide trial
Who are California's most notorious killers?
LOOKING AT STALIN'S PURGES
'Williamsburg Celebrates' artistic creation along DoG Street
By By Heather Bridges
[email protected] |
Natalie Canfield of the Colonial Lacemakers of the Williamsburg-Richmond area demonstrates a Bedfordshire lace pattern at the Williamsburg Celebrates Contemporary Artisans event on Sept. 24.
Lisa Trichel-Beavers spent her Saturday rolling, smoothing, cutting slabs of clay, using the shapes to hand-build pieces of pottery.
For the Williamsburg-based potter, this likely wasn't an unusual way to spend a day.
On this day, however, her studio was a tent in the middle of Duke of Gloucester Street.
Trichel-Beavers joined more than 30 other artists from around the region in demonstrating and displaying work along DoG Street as part of the Williamsburg Celebrates Contemporary Artisans and Plein Air event on Sept. 24.
"(It's) a way to show them what you do, and what goes into doing what you do," said John Watters, who creates porcelain pottery.
In its sixth year, the event began as a way to draw more people to the area during the fall season--an idea that would eventually expand into Williamsburg Fall Arts.
"It's such a beautiful time to be in Williamsburg," said Michele DeWitt, the city's Economic Development Director.
The city's Economic Development Authority presents the event each year in collaboration with Housing Partnerships, a nonprofit that provides home repair services to those in need. Proceeds from plein air art benefit Housing Partnerships.
Saturday's event drew a steady stream of people, tourists and locals alike.
Philip Duffy captivated a group of young children in demonstrating woodturning on his lathe.
"Most people have never seen a lathe working," said Duffy, who's worked in wood for 25 years.
A few tents over, Denis Orton shaped clay medallions later to be fired and dipped in crystalline glazes.
The Williamsburg-based artist has been a potter for more than 20 years, but he delved more recently into crystalline glazes, which he described as technically difficult and unpredictable. He enjoys the technique, though.
[Top stories] A man drove to Virginia Beach to kill his wife. He ended up paralyzed and sentenced to 15 years in prison. »
When you open the kiln, he said, "it's like Christmas day: you don't know what you've got in your stocking until you open it."
Several members of the Colonial Lacemakers spent the day demonstrating the intricate art of lace making.
"It becomes a puzzle," said Mary Drew. "Some people do Sudoku."
Utilizing pillows, pins and bobbins, they created various styles of lace: Italian, Bedfordshire, Buckinghamshire.
Lori and Peter Moritz, from Pennsylvania, happened upon the show while stopping in Merchants Square.
"I love that it's homemade," Lori Moritz said. "I'm a big homemade person."
She ended up purchasing a spoon ring from Dave Satterwhite, a Virginia Beach-based artist who cuts, bends and fuses silverware into everything from jewelry to Iron Man figurines.
Similarly, Patrick Andrews of Fredericksburg repurposes scuba tanks, fire extinguishers, car parts, books and myriad other scrap items into functional works of art.
Andrews said he's full of "crazy ideas," but in attending art shows, his creativity is sparked even more.
"I receive just as many ideas from other customers," he said.
[Top stories] 7 Williamsburg residents have received COVID-19 vaccinations, city says, as Phase 1A of vaccinations continue »
While the artisans spent all day along Duke of Gloucester Street, the seven plein air artists spread throughout the area to paint. Tasked with completing a painting, or paintings, between 7 a.m. and 3 p.m., they returned in the afternoon with canvases still wet.
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Judges awarded Bob Carlson third place for his acrylic painting of the Geddy House's garden in Colonial Williamsburg.
Carlson, who lives in Toano, has participated in the Plein Air event since its start.
He usually paints in his studio, from photographs he's taken. Carlson said the fun of Williamsburg Celebrates Plein Air lies in creating outdoors.
"I love to get outside and observe the colors, observe the light and just experience it," he said.
Bridges can be reached by phone at 757-345-2342.
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Children of the Nile: Enhanced Edition
a game by Tilted Mill Entertainment
See also: Open World Games
Positively Ladylike At a slender $10, Children of the Nile has decided to drop the Immortal Cities prefix in favour of an Enhanced Edition suffix. A wise choice - a game title can only tolerate so many colons and hyphens, before Lynne Truss abseils in through a window and starts busting some nuts.
This isn't so much an extended edition, as a revamped version of the Egyptian city builder. Balance tweaks, UI prods, and gameplay fiddles all combine to make the game feel a little more modern, whilst still only requiring a 2004 PC to play it. The fundamental pace of the game is still the well-rounded, patient and complex process of the original - it's just a bit better now.
If you've already got the game, don't complain - these enhancements are available as a patch.
Download Children of the Nile: Enhanced Edition
PC Screenshots
Terra Tech
The Universim
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October 19, 2015 - Argentum Silver Corp. (ASL-V) ("Argentum" or the "Company") advises that as a result of a review by the British Columbia Securities Commission, we are issuing the following news release to clarify our disclosure.
The Company's technical report titled "NI 43-101 Technical Report on the Resource Estimate on the El Tajo Zone, Coyote Project", filed on SEDAR on January 2, 2014, is not compliant with the requirements of National Instrument 43-101, Standards of Disclosure for Mineral Projects, and Form 43-101. Investors should not rely on the mineral resource estimate contained therein until such time as an amended and NI 43-101 compliant technical report is completed and filed. | {
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Paul Baird
单位: Centre for Eye Research Australia;Ophthalmology, Department of Surgery, University of Melbourne 科室: Centre for Eye Research Australia;Ophthalmology, Department of Surgery, University of Melbourne
Professor Paul Baird heads the Ocular Genetics Unit at the Centre for Eye Research Australia (CERA) and is a Professor at the Department of Surgery, Ophthalmology, University of Melbourne. His interests are in the study of the genetics of eye diseases, particularly age-related macular degeneration (AMD), myopia and keratoconus and how genetics can be used to improve prediction models and treatment outcomes for patients through the use of big data in precision medicine. He has over 170 publications and is on the editorial board of 10 international journals. He reviews extensively for 37 international journals and 32 international granting bodies. He was awarded the Golden Eye Award by the Association of Community Ophthalmologists of India in 2011, a Senior Australia India Fellowship from the Australian Academy of Science in 2013, a Distinguished Scholar Scheme awardee from the Chinese University of Hong Kong in 2017 and is an NHMRC Senior Research Fellow. He initiated the Keratoconus International Consortium and is Vice President of the National Eye Institute (USA) initiated Global Eye Genetics Consortium which is aimed at promoting eye research across the Asia Pacific region and developing world with an emphasis on research, education and training. He has been on the organising and program committees of 18 national and international meetings, chaired 18 symposia and delivered 14 keynote and plenary lectures and 50 symposia.
2018-09-13 16:15-16:30 新闻发布厅C
视觉生理第二单元:眼科疾病的基因诊治进展
How are genetic studies helping us understand myopia 讲者
Centre for Eye Research Australia;Ophthalmology, Department of Surgery, University of Melbourne | {
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package org.hashtrees.util;
import java.util.Iterator;
import java.util.NoSuchElementException;
import java.util.concurrent.Callable;
import java.util.concurrent.CompletionService;
import java.util.concurrent.ExecutionException;
import java.util.concurrent.ExecutorCompletionService;
import java.util.concurrent.ExecutorService;
import java.util.concurrent.Future;
import javax.annotation.concurrent.NotThreadSafe;
/**
* Uses {@link CompletionService} and {@link ExecutorService} to schedule tasks.
* Initially schedules a fixed no of tasks, and then it schedules a new task
* when the result of a previous task is removed from the task queue.
*
* If a stop has been requested, new tasks will not submitted. Even after the
* stop request, the previously submitted tasks will continue to run. A call to
* next() operation will block.
*
*/
@NotThreadSafe
public class TaskQueue<T> implements Iterator<Future<T>>, Stoppable {
private final CompletionService<T> completionService;
private final Iterator<Callable<T>> tasksItr;
private volatile int noOfTasksSubmitted;
private volatile boolean stopRequested;
private volatile int sucCount, failCount;
public TaskQueue(final ExecutorService fixedExecutors,
final Iterator<Callable<T>> tasksItr, int initTasksToExecute) {
this.completionService = new ExecutorCompletionService<T>(
fixedExecutors);
this.tasksItr = tasksItr;
while (initTasksToExecute > 0 && tasksItr.hasNext()) {
completionService.submit(tasksItr.next());
initTasksToExecute--;
noOfTasksSubmitted++;
}
}
@Override
public boolean hasNext() {
if (noOfTasksSubmitted > 0)
return true;
return false;
}
@Override
public Future<T> next() {
if (!hasNext())
throw new NoSuchElementException();
try {
noOfTasksSubmitted--;
Future<T> result = completionService.take();
try {
result.get();
sucCount++;
} catch (ExecutionException e) {
failCount++;
}
if (tasksItr.hasNext() && !stopRequested) {
completionService.submit(tasksItr.next());
noOfTasksSubmitted++;
}
return result;
} catch (InterruptedException e) {
throw new RuntimeException(
"Exception occurred while waiting to remove the element from the queue.");
}
}
public int getPasseTasksCount() {
return sucCount;
}
public int getFailedTasksCount() {
return failCount;
}
@Override
public void remove() {
throw new UnsupportedOperationException();
}
@Override
public void stopAsync() {
stopRequested = true;
}
}
| {
"redpajama_set_name": "RedPajamaGithub"
} | 5,860 | [
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Overwatch fans are well known for creating incredible fan art, and this awesome concept for Moira is sure to appeal to fashionistas.
Over the past few days, we've seen plenty of artists imagining what it would be like to see some of Overwatch's greatest heros working in fast food restaurants.
From Subway Hanzo and Barista Ashe and B.O.B. to McDonalds McCree, it's been awesome to see what these characters would look like if they were serving coffee and flipping burgers.
Now, a Twitter user has created a casual outfit for Support hero Moira, which sees her ditch her high-tech garments for something more fashionable.
Designed by Twitter user Infinitezer, Moira can be seen wearing a sweeping black coat, a pair of skinny black trousers and some elegant heels to round off her look.
The tank that sits on Moira's back has been transformed into a designer backpack, while the goggles she wears have become a pair of stylish sunglasses.
A look at a more casual version of Moira.
Moira is the 26th Overwatch hero added to the game, and hails from Dublin, Ireland. Seen by many as a more sinister version of Mercy, Moira is a support hero who uses her expertize in genetics to heal her teammates in the middle of the crazy fights that take place during a game.
While fans may love this new version of Moira, we will have to wait and see if Blizzard ever decide to introduce a more casual look for the high-ranking Talon member. | {
"redpajama_set_name": "RedPajamaC4"
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] |
July 17th. THE MIRACLE OF BELIEF "My speech and my preaching was not with enticing words." 1 Corinthians 2:1-5 Paul was a scholar and an orator of the first rank; he is not speaking out of abject humility; but saying that he would veil the power of God if, when he preached the gospel, he impressed people with his "excellency of speech." Belief in Jesus is a miracle produced only by the efficacy of Redemption, not by impressiveness of speech, not by wooing and winning, but by the sheer unaided power of God. The creative power of the Redemption comes through the preaching of the Gospel, but never because of the personality of the preacher. The real fasting of the preacher is not from food, but rather from eloquence, from impressiveness and exquisite diction, from everything that might hinder the gospel of God being presented. The preacher is there as the representative of God - "as though God did beseech you by us." He is there to present the Gospel of God. If it is only because of my preaching that people desire to be better, they will never get anywhere near Jesus Christ. Anything that flatters me in my preaching of the Gospel will end in making me a traitor to Jesus; I prevent the creative power of His Redemption from doing its work. "I, if I be lifted up . . . , will draw all men unto Me." | {
"redpajama_set_name": "RedPajamaC4"
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] |
It is our privilege to serve your medical needs and we thank you for entrusting us with your care. Our goal is to make your hospital stay as comfortable as possible and to treat you with respect, compassion and dignity as we provide you with exceptional care.
As your partner in health care, we understand that you may have many questions before, during and after your hospital stay. We offer several online and in-person resources to help make your stay comfortable and stress-free for you and your loved ones.
Whether you have questions about your bill, which insurance plans we accept or you would like to apply for financial assistance, we're here to help.
Get convenient, secure access to your online medical records through our electronic health records.
We understand how important it is to you and your family to find caring, experienced physicians, so we maintain easy access to an updated listing of providers in our area. | {
"redpajama_set_name": "RedPajamaC4"
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On Wednesday, the US FED disclosed its intention to not raise interest rates in 2019 despite initial forecast of two rate hikes in December. The FED's reasons were mainly related to challenges arising from tightened financial conditions and weak global growth. Also, after gaining the support of the UK parliament in delaying Brexit last week, Theresa May secured a two-week extension from the EU in preventing a no deal Brexit. On Thursday at the summit in Brussels, the EU leaders stated that Theresa May had until next week to reach a deal with UK lawmakers. Otherwise, the UK faces a no deal Brexit or a much longer extension by April 12, 2019.
Following the trends discussed above, performance across the developed market was mixed. In the US markets, the S&P 500 and NASDAQ rose 0.2% and 1.0% W-o-W respectively. Furthermore, Hong Kong's Hang Seng (0.3% W-o-W) and Japan's Nikkei 225 (0.8% W-o-W) advanced during the week. On the flip side, the UK FTSE All Share index fell 0.2% W-o-W while the France's CAC 40 and Germany's XETRA DAX declined 2.0% and 2.1% W-o-W respectively.
Across BRICS, performance was largely bullish as 4 of 5 indices under our coverage trended northwards, save Brazil's Ibovespa. China's Shanghai Composite recorded the largest gain, up 2.7% W-o-W, followed by Russia's RTS and India's BSE Sens with gains of 1.5% and 0.4% W-o-W respectively. Similarly, South Africa's FTSE/JSE All Share advanced by 0.1% W-o-W. On the flip side, Brazil's Ibovespa closed the week on a negative note, down 4.5%.
In Africa, performance was bearish as 5 out of 6 markets under our coverage recorded losses W-o-W. The Egypt's EGX30 recorded the largest loss, down 1.4% W-o-W followed by Mauritius' SEMDEX (-0.7% W-o-W), Ghana's GSE Composite (-0.6% W-o-W) and Kenya's NSE 20 (-0.3% W-o-W). Furthermore, Nigeria's All-Share Index closed the week with a loss of 1bps W-o-W. On the flip side, Morocco's Casablanca MASI was the lone gainer, up 1.8% W-o-W following the deal between KCB Bank Kenya Limited and Morocco's giant lender's - Attijariwafa Bank Group - to drive cross-border trade and financial inclusion.
In Asia and the Middle East, performance was mixed as 2 of 5 indices closed in the green W-o-W. UAE's ADX General Index led the laggards, declining 2.5% W-o-W, followed by Saudi Arabia's Tadawul ASI (-1.4% W-o-W) and Turkey's BIST 100 (-0.9% W-o-W). On the flip side, Qatar's DSM 20 and Thailand's SET indices rose 0.2% and 0.1% W-o-W respectively.
The local bourse regained losses from earlier trading sessions to close slightly bearish, as sell-offs in market bellwethers outpaced last-minute bargain hunting activities. The benchmark index posted losses on 4 of the 5 trading sessions, falling 1bps W-o-W to settle at 31,139.35 points. The YTD return moderated to -0.9% while market capitalisation shed N1.3bn to close at N11.6tn. Activity level was mixed as average volume rose 7.6% to 239.2m units while average value traded declined by 8.9% to N2.5bn. The top traded stocks by volume were ACCESS (317.4m units), UBA (103.2m units) and ZENITH (102.9m units) while ZENITH (N2.3bn), ACCESS (N2.0bn) and GUARANTY (N1.7bn) topped trades by value.
The week started off on a negative note as the ASI dipped 6bps due to sell pressures in UBN, ZENITH, and WEMABANK. The negative performance was sustained for 3 successive sessions, as the ASI declined 0.1%, 0.1% and 0.5% on Tuesday, Wednesday and Thursday respectively. However, the market turned on Friday with the ASI rising 0.8%, largely on the back of bargain hunting in GUARANTY (+3.7%), DANGCEM (+0.9%), and INTBREW (+8.1%).
Performance across sectors was mixed as only 2 of 5 indices under our coverage advanced W-o-W. The Banking index (+3.8%) led gainers due to sustained buy interest in ACCESS (+18.1%) and FIDELITY (+10.7%), followed by the Industrial Goods Index which gained 2.4% as investors positioned in CCNN (+10.0%) and WAPCO (+0.8%). Conversely, sell pressures in SEPLAT (-7.9%), TOTAL (-2.0%) and FO (-1.1%) drove a southward movement in the Oil & Gas index which fell 4.0%. In the same vein, the Consumer Goods index declined 2.3% on the back of price depreciation in CADBURY (-17.5%) and NIGERIAN BREWERIES (-7.3%), while the Insurance index trimmed -1.1% following losses in SOVRENINS (-12.0%) and NEM (-6.4%).
Investor sentiment as measured by market breadth (advance/decline ratio) strengthened to 0.9x from 0.4x in the previous week, following 31 stocks that advanced against 36 that declined. The best performing stocks for the week were ACCESS (+18.1%), DANGFLOUR (+13.7%) and FIDELITY (+10.7%), while CUTIX (-17.8%), CADBURY (-17.5%) and IKEJAHOTEL (-17.4%) led the laggards. Following four days of losses this week, we expect bargain hunting activities seen on the last day of trading to extend to early trades next week. This could potentially drive positive returns in the NSE ASI.
Activities in the money market this week were relatively upbeat as the CBN conducted two OMO auctions on Tuesday and Thursday as well as a Primary Market Auction (PMA) on Wednesday to keep system liquidity in check as maturing OMO and Treasury bills worth N169.4bn hit the financial system.
Tuesday's auction saw the CBN offer OMO Bills worth N100.0bn; although, the 93-Day OMO bill was undersubscribed at a bid-offer of 0.87x, the 205-Day was oversubscribed at bid-offer of 2.56x whilst Thursday's auction for three OMO tenors (91-Day, 182-Day and 350-Day) witnessed a similar trend as the mid-to-long tenor instruments were also oversubscribed at bid to offer of 1.14x (182-Day) and 3.82x (350-Day) respectively. These OMO bills had stop rates ranging between 11.8% and 13.04%. For the PMA issued on Wednesday, our observation was that buoyant investor interest drove oversubscription across all tenors: 2.62x (stop rate - 10.3%), 3.59x (stop rate - 12.2%) and 5.93x (stop rate – 12.345%).
Money market rates - OBB (Open Buy Back) and OVN (Overnight) – surged to 14.3% and 14.8% at close of the week from 11.2% and 11.7% respectively in the prior week. Notably, the steep upticks in these rates was driven by Thursday OMO auction which mopped N293.4bn in system liquidity. In the secondary T-bills market, average yields rose 46bps as bullish sentiment from the last two weeks subsided, hence, average yield settled at 13.24% from 12.78% in the prior week.
Next week, the Apex bank is scheduled to repay N54.1bn maturing OMO bills which we expect to be rolled over in line with its tight system liquidity posture. Overall, we expect activity level in the market to be relatively weaker as we do not expect a further PMA in the coming week.
The increases in the foreign reserves continued this week based on sustained foreign capital inflows into the fixed income market. These inflows are on the back of the attractive yields in the fixed income market which have become more attractive as political risks have abated following the conclusion of the 2019 General Elections. Hence, the reserves levels were further up US$520.3m from US$43.0bn (14-03-2019) to US$43.5bn (20-03-2019). Liquidity levels in the foreign exchange market have remained elevated, prompting the Central Bank of Nigeria (CBN) to halt its weekly interventions into the foreign exchange market while rates have remained stable within tight bands.
In terms of direction of rates, the CBN spot rate opened the week at N306.45/US$ on Monday but closed the week lower at N306.40/US$. At the parallel market, the naira traded flat while at the I & E window, the naira appreciated 5 kobo W-o-W to settle at N360.20/US$. However, activity level in the NAFAEX window further declined 2.3% to US$1.7bn while the subscriptions on the FMDQ OTC open futures contract rose 3.1% W-o-W to US$7.5bn from US$7.3bn last week. This uptick was driven by continued subscriptions on the January 2020 instrument, up 17.7% W-o-W. We note continued investor interest on open futures contract with tenors ranging from 8-12 months which may indicate hedged positions taken by foreign investors in the fixed income market.
In the coming week, we expect the naira to remain stable at current levels with the various FX market.
Average sovereign bond yield peaked mid-January at 15.36% and has gradually moderated since then with faster pace post-2019 elections; by the close of trade this week, yield settled at 14.2%. Nigerian sovereign yield on bonds is considered relatively attractive and has driven increased capital flows into the country. The Central Bank Governor (CBN) – Godwin Emefiele – estimated that since the conclusion of elections in February, inflow of over US$6.0bn have been recorded in the naira bond market. During the week, the bullish momentum continued though at a softer pace with average yield closing 3bps lower up until Thursday before reversing on Friday to close 4bps higher W-o-W.
The sovereign yield curve has maintained its inverted shape and presents more opportunities to ride the yield curve. Considering the continuous moderations recorded in the T-bills and OMO short term rates, we see the attractiveness of sovereign bonds instruments becoming more compelling in the near term. In our view, this will drive more demand for risk-free bonds and further compress the yield curve as it would then tend to transition to normality. Consequently, there is a short-term value in going long, especially in sovereign bonds with high modified duration; we recommend benchmark bonds with ≥4.5 modified duration. Next week Wednesday, the Debt Management Office (DMO) will be conducting its March 2019 Bond auction with a total of N100.0bn on offer. APRIL 2023 (N40.0bn), MARCH 2025 (N40.0bn) and FEBRUARY 2028 (N20.0bn) instruments will be re-opened at the auction. In line with trends, we expect instruments to be oversubscribed though prices are likely to be issued at discount to par given the current prevailing market yield.
The Eurobonds market also experienced a bullish performance across sovereign and corporate instruments during the week as 25 and 6 instruments respectively moderated in yield out of 30 and 9 instruments we track. On the sovereign front, yield on SOUTH AFRICA 2019 dropped the most, shedding 197bps W-o-W, given the nearness of the maturity due in May. This was followed by GHANA 2026 and GHANA 2029 instruments which shed 23bps and 20bps respectively on the back of the country's US$3.0bn Eurobond offering during the week (Tuesday) which was 6.6x (N20.0bn) oversubscribed. On the corporate end, FIDELITY 2022 and ZENITH 2019 also moderated in yield by 25bps and 13bps respectively. With the recent dovish turn in some of the systemically important central banks, we believe the appetite for higher yield on emerging market Eurobonds instruments would sustain the current bullish momentum into the coming week. | {
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Movies & TV Stack Exchange is a question and answer site for movie and TV enthusiasts. It only takes a minute to sign up.
Soldiers in spaceship travel into the past to stop a religious book from being written [closed]
Want to improve this question? Update the question so it's on-topic for Movies & TV Stack Exchange.
I watched the movie as a teen. I believe the movie is from 80's. One of the actors is not Jean Claude Van Damme but is similar to him but in less famous movies.
In the future some soldiers were losing a war. So they get on a spaceship and traveled in time back in the past to find a person that wrote a book to prevent him from writing the book which will became like religious book. And they had explosives around their necks, they were 2 guys and a woman. They managed to remove the explosives. And they made it. But only the woman came back to her time in the future and it wasn't the same. It was some beautiful time and I think she was found by some huge unknown for her ship from the new peaceful time and there she met her kid. And she was in a new unknown world but more beautiful world.
identify-this-movie science-fiction
VakuuVakuu
When did you watch the movie (i.e. when were you a teen)? Was it made in America, Britain, ... ? Can you remember what any of the characters looked like? Any little detail could help somebody to identify it for you!
– Rand al'Thor
Sounds almost like Continuum the TV series.
– Paulie_D
@Paulie_D that was my first thought as well, though it doesn't exactly fit. No spaceship, there were more than 3, etc
It is not continuum. It is old movie like from 80's even possible to be from 70's. I've made some corrections in the describtion.
– Vakuu
If I see the actor I will recognize him. I need a good site for movie actors
Comments disabled on deleted / locked posts / reviews | Show 3 more comments
Sounds like Total Reality (1997)
David Bradley stars as Lt. Rand, a future soldier facing a death sentence is given a chance for freedom if he leads a group of commandos back to 1998 to prevent a group of rebel fighters from preventing the totalitarian government from ever happening. Bradley also has 40 hours to succeed or his device in his neck will explode, along the way Bradley questions his mission.
Total Reality takes place 200 years in the future, where a self-help/cult movement inspirational book written in the late 1990s has grown into an intergalactic dystopian nightmare. Bradley works for the side of the baddies, stamping out a rebellion, but when his CO blasts a ship full of innocent civilians, he blasts his CO and gets sent to military prison with a death sentence. Thing is though, a couple rebels have flown off in a time traveling ship, headed for Earth 1998, so they can take out the dude who wrote the book and the Senator whom he's in cahoots with. Bradley now has a battle of conscience, because if he doesn't complete his mission and kill these rebels, his head will explode, but if he does, the world he knows will continue to suck.
You can watch the full movie here
poripori
OMG, Thanks, pori !! I don't know if I will like this movie now, but I liked it back there. It was the first time that the time travel idea touched me with all of its paradoxes. But now I believe everything happens in now, Like you can have access to everything from 0th time dimension, most of people are in 3rd time dimension and they still recognize only 1 of the time dimensions :) The moment when the time traveler girl came back to her own time, and everything was completely different was with very deeply heavy effect/impact on me.
Not the answer you're looking for? Browse other questions tagged identify-this-movie science-fiction . | {
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Under Pressure: John Gibson
By James O'BrienAug 30, 2017, 7:30 PM EDT
This post is part of Ducks Day on PHT…
Ryan Getzlaf and Corey Perry carry big-time pressure into every Anaheim Ducks season as the team's dynamic, highest-paid duo. There's a strong chance Cam Fowler will feel some of that heat after signing a big extension that kicks in starting in 2018-19.
Still, as much as those guys might sweat being under the microscope, their contracts run for quite some time.
John Gibson, on the other hand, will see his future determined by how he – and his team – performs during the next season or two.
Now, technically, 2017-18 isn't a contract year for Gibson.
When it comes to prominent players, it often feels like they face the possibility of two contract years, at least if they falter during that penultimate one. The logic is simple enough: if a team views you as a part of its core, then it will often get an extension settled as early as possible, frequently when said player still has a year remaining on their current deal.
(Connor McDavid is the splashiest, most recent example. Fowler is the latest Ducks player to get that nod, with some surprise considering the many trade rumors that followed him.)
Let's consider the many factors that could influence Gibson's outlook and his future with the Ducks.
Strong – but limited – showings
As a second-round pick (39th overall in 2011, by Anaheim), Gibson has come along nicely. He played three games in 2013-14, 23 in 2014-15, 40 in 2015-16 and then 52 last season after Frederik Andersen was sent to the Toronto Maple Leafs.
(You could say Gibson "won" the goalie battle with Andersen, but Andersen's accountant would probably beg to differ.)
At 24, Gibson has shown strong signs of being legit. His 2016-17 campaign was his best with a 25-16-9 record and a strong .924 save percentage, and it was in stride with his very impressive .922 career mark.
Still, he hasn't shown that he can carry the workload of a big-money, top guy yet considering his 52-game peak. Sure, 118 NHL games is a reasonable body of work, but especially fickle types might say that the jury is still out. At least if Gibson wants that big franchise money, especially since he's been solid but unspectacular in the postseason so far.
"What have you done for me lately?"
It's also worth noting that you could claim that the Ducks can be a little fickle with their goalies.
With the threat of an expansion draft looming, it was understandable that GM Bob Murray decided to make a choice, opting for the cost-controlled, higher-pedigree Gibson over Andersen.
Still, whether it has to do with an organizational mindset or life as a budget contender, it's remarkable how disciplined the Ducks have been when it comes to avoiding huge commitments to their goalies. Whether it be Jean-Sebastien Giguere leaving despite a Stanley Cup ring, Jonas Hiller's failed reign, Andersen losing the joust with Gibson, or even Brian Burke staying true to his word in trading Ilya Bryzgalov, the Ducks aren't afraid to switch gears in net when other teams might panic.
Right now, Gibson seems like the guy in net, and a good one in that. He can't rest on his laurels, though.
Ryan Miller factor?
When the Ducks signed Ryan Miller, it seemed like a smart move, and also a clear case of getting a once-proud goalie to wind down his career as a backup.
Even so, Miller instantly becomes the most qualified backup in the NHL; he's not that far removed from being a respectable starter. Anaheim likely views its window of contention as vulnerable with Ryan Getzlaf, Ryan Kesler, and Corey Perry all at age 32 already. If Gibson falters, he could conceivably lose significant stretches of starts to Miller.
The two goalies even have matching two-year terms and are carrying nearly identical cap hits, so it's not as though Miller lacks any staying power, even if his advanced age limits the threat to Gibson overall.
Again, Gibson's numbers and potential shine brightly right now, and every sign points to him being an important part of the Ducks' future.
The franchise's recent history indicates that he'd be foolish to assume it's a done deal, though. | {
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3238 Timresovia eller 1975 VB9 är en asteroid i huvudbältet som upptäcktes den 8 november 1975 av den rysk-sovjetiske astronomen Nikolaj Tjernych vid Krims astrofysiska observatorium på Krim. Den har fått sitt namn efter den ryske biologen Nikolaj Timofejev-Resovskij.
Asteroiden har en diameter på ungefär 12 kilometer och den tillhör asteroidgruppen Adeona.
Referenser
Huvudbältesasteroider
Adeona-asteroider
Småplaneter namngivna efter personer
Astronomiska upptäckter av Nikolaj Tjernych
Astronomiska upptäckter 1975 | {
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Life Vs Film
Life vs. Film; who will win?
Empire 5-Star 500
Empire Top 100 (2017)
Total Film Top 100
My Top 100
Most Anticipated Movies for 2014
Posted on January 10, 2014 by jaycluitt
The period of retrospection and looking back to the previous year has finished, now it's time to look forward at the year ahead. There's a lot of interesting looking films coming up, and here's my run-down of the 50 that I'm most looking forward to, in order:
50. The Expendables 3
UK Release date: 15th August
I'll come clean – I've still not seen The Expendables 2 as I heard it was a bit of a mess, but considering the cast that's been added for the third part in the series, you can bet your ass I'll be seeing this one at some point. Adding Mel Gibson, Wesley Snipes and Harrison Ford are all strokes of genius, but who in their right mind thought Kelsey Grammer is a good fit for this? Well, whoever it is, give that guy a raise, because that's what's getting me intrigued. I'm pretty sure it'll be terrible, but fun.
UK Release date: 4th April
Divergent isn't really a film I'm looking forward to as much as it's one I know I'll be watching one day, just because Kate Winslet is in it. It looks like a successor to the Hunger Games throne in terms of being a dictatorial future-set young-adult novel with a revolution-inspiring female lead (Shailene Woodley). If it weren't for Winslet I'd have no desire to see it, as it doesn't even have the likes of Stanley Tucci or Elizabeth Banks to make it fun.
48. 22 Jump Street
UK Release date: 6th June
I wasn't as big a fan of 21 Jump Street as everyone else seemed to be, possibly because I'm not a Jonah Hill fan and I'd expected big things after hearing all the hype. Channing Tatum was better than expected, but certainly not as revelatory as others had made out. Still, the promise of more Ice Cube and Nick Offerman as the undercover cops' police superiors should be good, as long as they haven't repeated the same mistake of packing all the funny bits into the trailer again.
47. The Zero Theorem
UK Release date: 14th March
Terry Gilliam is nothing if not an interesting director, and The Zero Theorem looks like he's delving back to a similar world as Brazil, with Christoph Waltz playing a slap-headed computer hacker attempting to find the meaning of life. It looks trippy and bizarre, but that's what you get from Gilliam.
46. Horrible Bosses 2
UK Release date: 28th November
As with 22 Jump Street, I liked the original Horrible Bosses but not enough to be on tenterhooks for the sequel. Plus, the original left no room story-wise for anything more, so it seems like an attempted cash-in of the original's success, but there's a chance it could be good, if they maintain the balance of Charlie Day exposure.
45. Transformers: Age of Extinction
UK Release date: 10th July
There are some films that I really shouldn't be looking forward to, and this is most certainly one of them. I barely liked the first Transformers movie, and hated the second enough to not see the third, but now that Shia LaBeouf and Megan Fox (or some random Victoria's Secret model) aren't involved any more there's potential for this to be better. Plus, it features the Dinobots, which are transforming robot dinosaurs. Tell me what part of that sentence shouldn't make me excited?
44. The Amazing Spider-Man 2
UK Release date: 18th April
2012's The Amazing Spider-Man compeletely failed to live up to its name, but as with The Expendables 3 I'm hopeful for the sequel because of the cast's new additions. Dane DeHaan is an excellent choice for Harry Osborn, and Jamie Foxx looks interesting as Electro, but it's Paul Giamatti as the Rhino that I'm looking forward to, although chances are he'll only be in the opening scene, which is a shame.
43. Lone Survivor
UK Release date: 31st January
The four reasons I'm looking forward to Lone Survivor are Ben Foster, Ben Foster, Ben Foster and Ben Foster. He's been great in everything I've seen him in, even making Pandorum almost tolerable, so I'll happily watch whatever he's in. Also, Mark Wahlberg has been impressing me lately, and I still like Emile Hirsch just from Into the Wild and The Girl Next Door, so even Taylor Kitsch's presence doesn't deter me.
42. Jupiter Ascending
The Wachowskis always make films that are at least interesting, so they'll always appear on this kind of list for me, but the trailer left me a little cold. It looks a bit silly, with an unnecessary love plot between a would-be princess (Mila Kunis) and her sworn protector (Channing Tatum) added for seemingly no reason. Plus I'm not a huge fan of either of those actors, and it sounds like a sci-fi retelling of Snow White, with Kunis being targeted by the Queen of the Universe because she threatens the Queen's reign.
41. Captain America: The Winter Soldier
Of all the individual Avengers origin stories, Captain America was my least favourite, because it was directed by Joe Johnston, who destroyed my beloved Jurassic Park franchise, although he did make Jumanji as well, and also because the character of Captain America isn't the most interesting one. However, The Avengers built up some faith for me in his character, so I'm looking forward to where he goes next, and the trailer looks decent. I'll be very surprised if Robert Redford doesn't turn out to be the big villain though.
40. The Interview
UK Release date: 5th December
Seth Rogen and Evan Goldberg have another stab at directing after the successful but over-hyped This Is the End. Here, James Franco's TV show host becomes embroiled in an assassination attempt, which will probably provide humour because an egotistical, self-important TV host would be comically ridiculous in such a scenario. Hopefully a more limited scope than This Is the End will offer a greater chance for hilarity.
39. Under the Skin
Scarlett Johansson as an alien seducing men into sex and then death, as directed by Jonathan Glazer, the man behind Birth and Sexy Beast. The latter is incredible, predominantly for Ben Kingsley's powerhouse, Gandhi-forgetting performance, but I get the feeling this will be a weirder, moodier film, more akin to Birth (which I've not yet seen).
38. Paddington
Paddington Bear! Voiced by Colin Firth! Marmalade sandwiches! (I'm in.)
37. The Congress
UK Release date: Unknown
When I first heard about this film, starring Robin Wright as an actress who signs her digitised likeness away for a hefty sum but has no control over what it is used for and can never work in acting again, I'd assumed it would be live action, and was genuinely intrigued as to where it would go. I imagined it would have a lot of cutting things to say about Hollywood and the predominant focus on looks over anything else, whilst offering some great effects around an incredible, awards-garnering performance from Wright. In truth, I'm a little disappointed that it's being animated, even if it is by Waltz With Bashir's Ari Folman, as not only will it be less widely seen, but I'm pretty sure it'll be a completely different film to the one in my head.
36. Transcendence
The directorial debut of Wally Pfister, Christopher Nolan's regular director of photography, was originally a lot higher on my list, until I saw the mess of a trailer, with Johnny Depp's scientist dying, but being merged with a computer to retain his memories and persoanlity. Inevitably, it's all going to go wrong and devolve into some techno-horror movie, but with Pfister behind the camera it will undoubtedly look gorgeous. Speaking of which, Rebecca Hall is in here as Depp's wife (I think?), so yay for that.
35. Robocop
UK Release date: 7th February
Whilst I have seen the 1987 Paul Verhoeven original, I can barely remember anything about it, so I fully intent to catch up with that one before see this remake. This may well turn out to be another Total Recall – not terrible, just underwhelming – but the supporting cast – including Samuel L. Jackson, Michael Keaton, Gary Oldman, Jackie Earle Haley and Michael K. Williams – may just save it.
34. August, Osage County
UK Release date: 24th January
Speaking of films where I'm impressed by the cast, August, Osage County has a ridiculous one with Meryl Streep, Julia Roberts, Chris Cooper, Ewan McGregor, Margo Martindale, Sam Shepard, Dermot Mulroney, Juliette Lewis, Abigail Breslin and Benedict Cumberbatch all fighting it out around a dinner table. I don't know too much else about this, other than it's based on a play, so I'll probably catch it on DVD.
33. Neighbors
UK Release date: 9th May
The idea of Zac Efron breaking out as a comedy star doesn't hold too much appeal to me – the guy can already sing and dance, and he appears to have spare abdominal muscles, so he already has more than enough strings to his bow – but judging from the trailer for this comedy, coupled with his other 2014 release, That Awkward Moment, this could see the guy be the equivalent of Channing Tatum in 2012.
32. Labor Day
The other Kate Winslet film that I'll be seeing eventually is one that I actually want to see, becaue it's directed by Jason Reitman, of whom every other film of his I really like, and this fits the pattern. Winslet plays a woman shut off from the world with only her son to look after her, but on a rare trip away from her home she picks up a fugitive, played by Josh Brolin in what could be the first role I like him in. It looks very tense, with the police understandably trying to catch Brolin's character, but with his presence being almost necessary to help fix Winslet's emotional problems. I think I could write most of the story beats now, even the ending, but I look forward to seeing it nonetheless, if only to find out if I'm right.
31. Noah
Darren Aronofsky doesn't sound like the first director you'd pick for a huge Bible epic, and to be honest if he wasn't involved I don't think I'd be all that interested in the film, but as he is I'm looking forward to seeing how he adapts one of the most well known stories of all time.
30. Edge of Tomorrow
UK Release date: 30th May
Source Code but with more fighting is the basic premise of Tom Cruise's next film, with his soldier waking up every morning to re-live the same day, dying every time. The always-great Emily Blunt is on hand to help train him up, and director Doug Liman is generally an at least interesting director in terms of his choices.
29. The F Word
UK Release date: 2nd May
The concept sounds like another generic rom-com – a guy (Daniel Radcliffe) falls for a girl (Zoe Kazan), but she already has a boyfriend so he finds himself relegated to the 'friend zone' – but the fact that it stars Radcliffe and the adorable Kazan means I'll definitely be seeing it at some point – though probably not until it reaches DVD.
28. Dawn of the Planet of the Apes
We've reached the point where I'll probably start going to see films in cinemas now, with the follow-up to 2011's Rise of the Planet of the Apes. The trailer seems to be looking almost like a horror film in terms of the new look for Andy Serkis' highly intelligent simian Caesar, with a small band of humans – including Gary Oldman, Keri Russell and Jason Clarke – struggling to survive in a world being taken over by monkeys.
27. Dumb and Dumber To
UK Release date: 19th December
I'm pretty sure I'm going to get burned by this one, but part of me can't help thinking this could be great. I love the original, although the image above doesn't fill me with a great deal of hope. If the Farrelly brothers can retain the level of charming idiocy they captured so well 20 years ago then I think we're in with a shot.
26. Calvary
John Michael McDonagh, brother of In Bruges' Martin McDonagh, directed The Guard in 2011, which is a very sweary, very funny culture-clash comedy between Brendan Gleeson's brash Irish policeman and Don Cheadle's visiting FBI agent. Calvary looks to be a completely different direction, though I doubt it'll be much less sweary or comedic.
25. Fury
UK Release date: 24th October
I loved David Ayer's End of Watch from 2012, which saw two guys – Michael Pena and Jake Gyllenhall – stuck in a police car together for large swathes of the film. In theory then Fury will be at least two and a half times as good, because it features five guys, stuck together in a tank. Unfortunately, one of these guys is Shia LaBeouf, but the other four are Michael Pena, Jon Bernthal, Logan Lerman and Brad Pitt, who between them should make up for anythign LaBeouf tries to do.
24. Chef
Jon Favreau may not be the best director in the world, but I love some of his films, such as Elf and Iron Man, so I'm looking forward to his next comedy, which also sees him in the starring role alongside a supporting cast including Sofia Vergara, Robert Downey Jr., Oliver Platt, Dustin Hoffman, John Leguizamo, Scarlett Johansson and the great Bobby Cannavale. I don't know much about the plot, other than Favreau's character sets up a food truck with his ex-wife (Vergara), but with that support around him this could be good.
23. Cuban Fury
UK Release date: 14th February
Of course I love Nick Frost, anyone who has read my The World's End review knows the guy can do no wrong in my books, and this is to my knowledge the first film where he's the front-and-centre leading man, so I'm looking forward to seeing how well he gets on. The trailer looks very funny – Frost plays a guy who takes on an office rival (Chris O'Dowd) at salsa dancing to win the heart of Rashida Jones – although it seems like O'Dowd gets more of the funny lines.
22. Muppets Most Wanted
If this had utilised a similar advertising campaign as 2011's The Muppets then this would undoubtedly be higher on this list, but the trailers I've seen so far have been somewhat underwhelming. However, it's a movie with the Muppets in, so I'm there no matter what.
21. Snowpiercer
The Earth has become an icy wasteland, with the only survivors living aboard a train that remains constantly in motion. Onboard a class system has developed between the privileged front carriages and the less well off rear cabins, but an uprising is about to take place, led by Chris Evans. The main reason I'm looking forward to this is the director, Joon-ho Bong, the man behind the 2006 creature feature The Host, which is awesome.
20. Dallas Buyers Club
Being an inhabitant of the UK I've yet to encounter Matthew McConaughey and Jared Leto's apparently awards-worthy performances as, respectively, an AIDs suffering hustler and the drag queen he befriends, which were released in American cinemas almost 2 months ago, and which I've got to wait another month for. I've heard good things about the film and nothing but superlative ones for the performances, but I'm not sure if I'll be able to see this in cinemas or not, purely because it sounds like a bit of a depressing story. (I really wanted to write "a bit of a drag", or "a bit of a bummer", without any hint of a pun or joke, but fortunately I caught it before typing.)
19. A Million Ways to Die in the West
Seth MacFarlane, in person! As in, not just voicing an animated character, but actually acting with his body and face and everything? Surely not! And yet it is so, the man behind Ted and Family Guy is starring in a comedy western that's he's also directing and writing. He plays a coward whose wife left him, and who needs to learn to shoot to win her back. He appears alongside the likes of Neil Patrick Harris, Charlize Theron, Liam Neeson, Sarah Silverman, Giovanni Ribisi and, unfortunately, Amanda Seyfried, who has the rather pivotal role of MacFarlane's wife, and therefore could ruin the film, as she is wont to do. Hopefully she won't.
18. The Boxtrolls
UK Release date: 12th September
Stop motion animation! Yippee! That's pretty much all I need to know really, and other than it involves trolls who either live in or are partially made from cardboard boxes, that's all I do know.
17. Her
Another film that's already out in other parts of the world, Spike Jonze's Her sees Joaquin Phoenix's awkward loner suffer a break-up, before falling in love with his Scarlett Johansson-voiced operating system. It sounds like a commentary on the direction the world is taking with regard to its dependence upon technology, but I can't help thinking I know exactly how it's going to end, pulling a Lars and the Real Girl with Phoenix's Theodore learning to live without the computer and instead falling for a real person. Either way it sounds interesting, and from the trailer Phoenix looks incredible in the role.
16. The Grand Budapest Hotel
UK Release date: 7th March
Many people are bigger Wes Anderson fans than I am, but the guy has yet to make a film I don't like. I appreciate the casts he always manages to assemble, as they're always chock full of actors I'm big fans of – mainly Bill Murray and Jason Schwartzman – and his next film, The Grand Budapest Hotel, seems to have literally every actor he's ever worked with in it, along with a few he hasn't. If it fits with the rest of Anderson's career then I'm guaranteed to love it.
15. Guardians of the Galaxy
UK Release date: 1st August
When it was announced, I initially thought Guardians of the Galaxy was a joke, as I'd never heard of the comic books and the notion of a band of superheroes including an Ent and a racoon with a rocket launcher was just ridiculous. However, apparently Marvel weren't kidding, so now it's gotten to the point where I just have to see what in the world this is going to be like. Plus, James Gunn directing is an inspired choice, as I loved Slither and Super, and it means Michael Rooker will be involved somehow.
14. How to Train Your Dragon 2
UK Release date: 4th July
I'll keep this quick; I love the first one, pretty sure I'm gonna love this one too. Dragons!
13. Sin City: A Dame to Kill For
Again, I loved the first one, but I feel like I need to stop putting it on my most anticipated lists because I've been burned before with it being postponed for at least the past two years. However, like Charlie Brown with the American football, I'm lining up to have another kick at it, because one day Robert Rodriguez is going to finish this film, it's going to come out and I'm going to see it, and bloody hell I hope that's this year.
12. 12 Years A Slave
UK Release date: 10th January (you know, today)
Yet another film I've heard loads about but haven't been able to see yet, this actually came out a few hours ago, but as I started writing this list a few days ago it totally counts. As with Dallas Buyers Club this is more serious and depressing fare than I'm used to seeing at the cinemas, but with all the awards buzz behind it, and with a cast including some of my favourite actors – Chiwetal Ejiofor, Michael Fassbender, Paul Giamatti, Brad Pitt – I feel this is something I need to see as soon as possible.
UK Release date: 3rd October
I know very little about this film, other than it stars Ben Affleck as a suspected murderer when his wife (Rosamund Pike) goes missing, but neither of them are the reason I'm looking forward to it, as that's the director, a certain David Fincher. I've still yet to see any of his films in a cinema, which is a tradition I intend to break this year.
10. Godzilla
I was wary about this latest adaptation of the Japanese legend directed by Monsters' Gareth Edwards and starring Aaron Taylor-Johnson, Bryan Cranston and Juliette Binoche, right up until I recently saw the amazingly epic trailer, with David Strathairn marshalling his troops to parachute down onto the titular giant lizard. It looks so friggin' awesome that this jumped straight into my top 10.
9. The Lego Movie
Combining at least two of my loves – animated movies and Lego – into one film is a sure-fire way to get my money come February. Add a hilarious trailer, a terrific voice cast (Will Arnett as Lego Batman is so damn unbelievably perfect) and some top notch animation and, well, you get the picture. This is going to be Chris Pratt's year, mark my words.
8. X-Men: Days of Future Past
UK Release date: 22nd May
X-Men: First Class was far better than anyone could have hoped, so of course there's a sequel, but it could well be the most ambitious superhero movie yet, featuring the cast of not just the aforementioned prequel, but the original trilogy as well, as it sees a fugitive future-set older X-Men sending the mind of Wolverine (Hugh Jackman) back in time to his younger self in order to prevent the robot-ravaged world they now live in. It all sounds a bit brain-melty, and there could be a few too many plates being spun by original series director Bryan Singer, but if this works it could be something phenomenal. Sadly no Nightcrawler though.
7. The Wolf of Wall Street
"The new Goodfellas" is a phrase I'm almost tired of hearing about Martin Scorsese's true story of excess and ambition. The trailers left me somewhat disappointed, especially the inclusion of Jonah Hill and whatever the hell Matthew McConaughey was trying to do in what is clearly his only scene in the movie (I hope), but I've heard so much praise, and I hold the director in such a high regard that this has to be something I'm looking forward to. Can't say I care for the 3-hour running time, but we'll see if it's all worthwhile.
6. The Raid 2: Berandal
The Raid: Redemption was one of my favourite new-to-me films from 2013, and I'm annoyed it took me so long to catch up with it. Based on that alone, and regardless of the ultra-cutty trailers, I cannot wait to see the follow up. Director Gareth Evans is now under a great deal more pressure – the first film came out of nowhere with no expectations from anyone – but I truly hope he can pull it off.
5. The Double
Submarine is Richard Ayoade's first directorial effort, and it took me completely by surprise. The sequel looks even more interesting, with Jesse Eisenberg's timid guy's world being destroyed when his doppelganger appears, and it looks like Eisenberg is doing a stellar job in a dual role, playing both introverted loser and his more likeable mirror image. There's a shot in the trailer, where the first Eisenberg looks round a corner to find his double staring up at him from his cubicle with a massive fixed grin on his face, that really creeps me out. I highly doubt this will be playing near me, but I'll be seeking it out as soon as I can.
4. Inside Llewyn Davis
A Coen brothers film! Yay! It's also the last film on this list that's already been released elsewhere. I've heard mixed reactions, but as it's by the Coens I will see it, and I will very probably love every second of it. I will also eventually buy the soundtrack, as tradition dictates.
3. The Monuments Men
UK Release date: 21st February
There are some films that seem to be tailor made just for me, and The Monuments Men certainly seems to be heading in that direction. The cast is compromised almost entirely of actors I will watch in anything – George Clooney, Matt Damon, John Goodman, Bob Balaban, Bill freaking Murray – all working together on a plot that's half Ocean's Eleven and half Saving Private Ryan, as a team of art lovers and historians all head into Nazi-occupied Europe during World War 2 to try and save the classic artwork in danger of being destroyed.
2. The Hobbit: There and Back Again
As I've mentioned before, I recently saw part two of the Hobbit trilogy, The Desolation of Smaug, and as was the case last year, as soon as I watched it the following part in the series immediately jumped up a few notches on my most anticipated list for the following year. I absolutely loved Desolation, and that's raised my hopes for There and Back Again to immeasurable levels. The battle of the five armies sequence is going to be nothing short of phenomenal, whilst Smaug's destruction of Lake-town will be devastating. I only hope it ends more succinctly than The Return of the King did.
1. Interstellar
UK Release date: 7th November
If there's any director that can get me into a cinema, it's Christopher Nolan. I've seen the trailer for his next picture, Interstellar, and I'm glad it's given very little away, other than it stars Matthew McConaughey, and it's got something to do with space. I hope that's all the information we are given about this film (it won't be) as that's already far more than I needed. All I wanted was the title and the director.
This entry was posted in Pre-View and tagged 12 Years A Slave, 22 Jump Street, A Million Ways to Die in the West, August Osage County, Calvary, Captain America: The Winter Soldier, Chef, Cuban Fury, Dallas Buyers Club, Dawn of the Planet of the Apes, Divergent, Dumb and Dumber To, Edge of Tomorrow, Fury, Godzilla, Gone Girl, Guardians of the Galaxy, Her, Horrible Bosses 2, How to Train Your Dragon 2, Inside Llewyn Davis, Interstellar, Jupiter Ascending, Labor Day, Lone Survivor, Muppets Most Wanted, Neighbors, Noah, Paddington, Robocop, Sin City: A Dame to Kill For, Snowpiercer, The Amazing Spider-Man 2, The Boxtrolls, The Congress, The Double, The Expendables 3, The F Word, The Grand Budapest Hotel, The Hobbit: There and Back Again, The Interview, The Lego Movie, The Monuments Men, The Raid 2: Berandal, The Wolf of Wall Street, The Zero Theorem, Transcendence, Transformers Age of Extinction, Under the Skin, X-Men: Days of Future Past by jaycluitt. Bookmark the permalink.
6 thoughts on "Most Anticipated Movies for 2014"
The Vern on January 11, 2014 at 7:32 am said:
Great list. I'm looking forward to seeing Captain America(its the only one from phase 2 that looks good) Under The Skin( I like the premise) Jupiter Ascending( The trailer impressed me) oh and Dawn of the Planet of The Apes(mainly for Director Matt Reeves) Oh and great job with revealing Terry GIlliam's new work The Zero Theorm. (never heard of that one) Oh and I cant ignore Wes Anderson's latest either. Great post
jaycluitt on January 12, 2014 at 12:48 am said:
Thanks Vern, there are a lot of great-looking films coming out that I'm very much looking forward to seeing. I look forward to hearing your thoughts on all the ones you mentioned.
Chip Lary on January 11, 2014 at 9:36 pm said:
Thanks for the list. There were a few on here that I hadn't heard of yet.
There aren't many that are going to get me to a theater to see them. Captain America: Winter Soldier and the third Hobbit film are the only sure things. The X-Men film, which is based on the classic Days of Future past story arc in the original comics from the early 1980s, is a strong possibility. Other than that, though, nothing else really has me that excited.
You're welcome, Chip. It seems Captain America is being looked forward to far more by other people than by myself, as for this list's first draft it wasn't even included. I think there's at least 10 sure things in terms of cinema visits on here for me (although some of them are oens already released in America) with perhaps another 10-25 potentials as well, depending on my schedule.
annarosemeeds on January 12, 2014 at 7:26 am said:
Several of the movies I did not know were coming out. For example, I did not even know that Captain America 2 was coming out. After I see the first one, perhaps I will see the second one sometime. Paddington, How to Train Your Dragon 2, The Lego Movie, and The Box Trolls look very cute while Noah and Labor Day looks interesting. The Muppets is still in my list of movies that I have high hopes for along with The Hobbit.
Pingback: The Monuments Men | Life Vs Film | {
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The TuffStuff Proformance Plus Preacher Curl Bench (PPF-706) provides bio-mechanically correct angle arm support for bicep curls. All strength equipment in the TuffStuff Proformance Plus line up is full commercial-quality, an ideal option for outfitting any weight room, recreation center, apartment complex or professional gym.
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Browse > Home / Announcements, National News / DFA-Office of Consular Affairs implements RA. 9442 in all their offices.
DFA-Office of Consular Affairs implements RA. 9442 in all their offices.
Persons with disabilities, Senior citizens and OFWs will no longer be required to have a passport appointment and instead, be accommodated immediately upon their appearance at The DFA offices. The DFA offices will also be providing appropriate signage to inform their visitors of the "Special Lanes". | {
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Maybe you're remodeling your house and need a temporary place to store all your stuff or you're moving to a new home and need to downsize. Maybe you're a business owner who needs extra space for extra inventory, business files, or marketing collateral. If any of these scenarios apply to you, it might be time to consider a storage unit.
With your particular needs as a starting point, browse the Internet to research the storage facilities in your area. Keeping your things close to your home or office might be your top priority. Perhaps you need climate-controlled units or RV or boat storage. Do your research to find out what's out there. Once you have your eye on a few possible self storage partners, dig deeper to see which one best suits your storage needs – and your budget. Here at Storage Etc., our units start at 5x5, and our extra-large options top out at 12x38 in some locations. When we say that no need is too big or too small for us, we mean it. Visit our website to find our self storage options near you.
We always recommend visiting the storage facility before making a decision. Exploring the neighborhood, meeting the staff, and checking out the facility's condition will definitely help you decide. Ask about security features, gate access hours, and ground-level availability to add peace of mind to your storage decision. We believe more features mean more convenience. That's why each of our facilities is designed to help you spend less time moving and more time doing what you love.
If you're planning a big moving day and your larger items won't fit in your car, there is no need to ask your friend with a truck for a favor (yet again). In most of our locations, Storage Etc. offers free use of a moving truck for new tenants. And, with packing and moving supplies for sale onsite, you don't even need to go to the store. If you have a lot of stuff, organizing your unit may take some time. Develop a plan of attack in advance. Maybe you want to commit to doing it all in one day, or maybe splitting it up into smaller trips before or after work is the best approach.
Now you know which storage unit is ideal for you, your needs, and your budget. Whether you're looking for short- or long-term rentals, how you organize your unit is key. It'll help you maximize your space, find items faster, and preserve your things. Check out one of our previous blog posts to learn more about the importance of labeling, listing, and strategic placement. It also has useful information on how to best store items such as clothing, furniture, or artwork.
With this beginner's guide and the help of our professional self storage team, you're ready to store your items like a boss and make the most of your unit. Ready to start storing? Contact the Storage Etc. team and get the extra space you need today. | {
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The Gambler Jams Out!
The Gambler is a remake of the 1974 classic about a man with an addiction to gambling – to the point of endangering his life. In this version, a university professor gets in deep with three very deadly members of the gambling underworld. This version has a unique take on character that, just barely, allows for the possibility of a hopeful (if not necessarily happy) finale.
It feel like a bit of a cheat, but works pretty well for the balance of its 111-minute running time – and Mark Wahlberg gives one of his more complex performances.
Jim Bennett seems to have a gambling problem. We see him playing blackjack and getting up $80,000 by just letting his winnings ride – and then losing it all the same way. He gets a stake from Neville Baraka (Michael Kenneth Williams) and doing the same thing again. Not only that, but he owes a Korean gambling overlord, Mr. Lee (Alvin Ing) a ton of money for exactly the same reason.
It seems that Jim might be a gambling addict.
Away from the tables, Jim is an associate professor teaching an English Literature course on the modern novel. His approach is somewhat less than engaging – eliciting laughter in odd spots before making it plain that they are, essentially, seat-fillers and only one of them has the talent, or genius, to even have a hope of becoming a real written. That includes him, too – his one published novel was well received critically but sold almost nothing.
That genius student, Amy Phillips (Brie Larson) is someone we've seen earlier – waiting tables at a casino where Jim has lost a ton of money. Outside of seeing what she does to earn a little cash – and a couple of arguments about genius, ethics and Jim's seeming disregard for everyone including himself, we never really get to know her. It's a testament to Larson's ability that she seems like something more than a plot contrivance.
When Jim gets in too deep with Neville and Mr. Lee, he approaches Frank (John Goodman), yet another underworld figure, about staking him to win enough to get out of the hole – and, possibly, save his life. By this point, he's burned whatever goodwill he might have had with his mother to get the money to pay them but which he gambled away.
Eventually, Neville puts the squeeze on him to persuade an all-star basketball player in his class to fix a game to cover his debt. Jim doesn't care for that idea because Lamar (Anthony Kelly) just might be the only person in the story who understands him – even if he doesn't even try in class, frequently looking at his phone and texting…
Finally, it comes down to Jim making a deal with Frank that will, if it pays off, see everyone come out of the situation free and clear – and it comes down to a single play on a roulette wheel.
Directed by Rupert Wyatt from a script by William Monahan, The Gambler is a remake of a classic film starring James Caan. That film ended badly – very badly.
What makes Wyatt's take on the material different is that Jim isn't played as a gambling addict. Everything he's doing is being done as a conscious choice – and it all ties back to an early scene between Jim and his dying grandfather. The upshot of it all is that Jim is, for whatever philosophical reasons, trying to tear his life down to zero so that he can rebuild it from scratch without any of the advantages that he might have enjoyed as a result of his family background.
Wahlberg plays Jim as alternately not giving a crap and desperately wanting not to. At one point, he asks Amy if she believes him when he says he's not a gambler – to which she replies that she's seen him be a university professor when he's clearly not.
The Gambler works as long as Wahlberg is playing the contrasts between what Jim wants to do and what he's trying to do. He can be incredibly glib, equally incredibly philosophical and seemingly fatalistic. He puts himself in harm's way as deliberately as he tries to talk his way out of it.
Jessica Lange brings a wealth of disappointment to Jim's mother, Roberta. When she gives him a quarter of a million dollars to get himself out of trouble she neither expects him to do that nor does care. She's done her familial duty and has washed her hands of him.
Goodman brings a ponderous lack of dignity to Frank. When Jim wants to conduct business like gentlemen, Frank bluntly states that they need to do so in just the opposite manner ('like idiots. We need to very, very stupid'). He is a ray of artificial sunlight in a naturally grey world.
Because of the choice to not play Jim as a gambler, The Gambler winds up with a hopeful, if not happy, ending that suggests Jim has achieved his goal and is actually ready to try to build a real life from scratch. Given the original material, it's a bit of cop-out but not enough to ruin what is a pretty engrossing visit to a world that we should never want to visit for real.
Final Grade: B
Photos by Claire Folger/Courtesy of Paramount Pïctures
Brie LarsonJessica LangeJohn GoodmanMark WahlbergMovie ReviewsParamount PicturesRupert WyattThe GamblerWilliam Monahan
Previous PostInto The Woods – What Comes After Happily Ever After?Next PostUnbroken – Great Story; Prosaic Movie! | {
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Hannah Montana Cherries are out and we think it's unfortunate. Why, you ask? Think about it for a minute. or if that's too hard, search for things like Miley Cyrus pole dance or Miley Cyrus bikini pics. Now, does Miley, who is also the famed Hannah Montana, really remind you of cherries?
We didn't think so. In fact, we think it's just a little presumptous of the Disney company to market a product like Hannah Montana Cherries when there's a 95% chance that Hannah's cherry has fallen off the bush long ago. And even if it hasn't, what about all the pedo bears who are now in their glory at the company's short sightedness? Either way, we think Hannah Montana Cherries are just a really bad idea, unfortunate even.
Instead of Hannah Montana Cherries, why didn't the company slap Hannah Montana stickers on some bananas and they would have had something totally cool that rhymed – oh wait, not such a good idea, nevermind.
At any rate, wherever Disney Fresh groceries are sold, have a look for those Hannah Montana Cherries next time you're there… perv.
OR, is this just another elaborate joke? Photoshopped or not, it is something that could be overlooked by a company like Disney, or done on purpose as a marketing ploy. | {
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Please help us in trying to save our dog Summer's life. We recently found out she has kidney disease / failure. She has had a rough go at life in her two short years already. When she was a puppy, we found out she had ectopic ureters which led caused her to be unable to hold her urine. She was constantly soaked in pee because it would just essentially go right through her body. We took her to a specialist, had ultrasounds done, we even had surgery at the top ranked Michigan State vet hospital to try and correct it. It was very costly and unfortunately only provided a partial fix. They also found some minor abnormalities while in surgery and because of the incontinence, we do have to keep her in diapers in the house. The vet believes because of the abnormalities she has, it does allow bacteria to pool and she is prone to UTIs (another very costly problem).
A couple weeks ago Summer started throwing up at least once a day. We took her to the vet after a bland diet of chicken and rice did not help. We did get some medicine to help with the vomiting but they also ran blood work. When the results came back the next day, the results were not good. Anything that related to her kidneys were extremely high. They vet said she has kidney disease, possible failure. Summer will be hospitalized 5/3/18 for IV fluids to try to flush the toxins from her kidneys. If the results show a decrease, we can definitely do some things to extend her life. We will have to inject fluids under her skin 3 times a week to keep her hydrated and flush the kidneys. She will also have to take a phosphate binder, a special kidney diet, and an expensive medicine called Azodyle. We are asking for any type of donation to help us keep our sweet Summer girl around a little longer. We know she won't have a full life, but are hoping we can extend it for at least another two to three years, if not longer. She is the sweetest girl ever and we want to give her the longest and most comfortable life she can have.
It is with a heavy heart and great sadness that I write this update. Summer's toxin levels increased even though we had her on fluids for two days. We had made the decision when we started that if her levels did not improve we would have to euthanize her. Last night we spend our last few precious minutes with her and stay with her while she went. It was one of the hardest decisions we have ever make but we could see it in her eyes that she was not well. I am going to miss her so much. I have never met a dog so loving. Thank you all for your support throughout this whole process. Without your support and generosity, we wouldn't have been able to try the second day of treatment. You help us get piece of mind that we did everything we could. Thank you all so much!
If there is any money left over after all the bills have been paid, we are going to make a charitable contribution in Summer's name.
We are about to leave to see how Summer's second day of IV fluids went. We will keep everyone posted. Thank you all for supporting us through this tough time.
Summer went through her first IV fluid round today. They ran her blood work again today before the IV and her levels came back twice as high as last week. Even so, she seemed a little higher in spirits today when we picked up. We were told she drank water today and did well. She has to go back tomorrow for more fluids. After we gave her some food she has been resting since.
Took Summer in this morning for her IV fluids. It ended up only being for 10 hours not 24 like we thought. We were told there would be plenty of fluids running through her to flush out the toxins. Depending on the results we might have to take her back Saturday for another flush. Staying optimistic! | {
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I've taken the minimalist approach to skincare to the extreme this past 12 months. I've eschewed serums, toners, eye creams, night moisturizers and scrubs after finding relatively little success with them. I have to admit that I'm also essentially lazy and have little or no discipline when it comes to sticking to a proper skincare routine. However, the switch to natural products seemed to have a positive effect on my skin regardless of the lack of skin care products crowding the bathroom counter.
While my skin no longer looks like a raisin after religiously plumping it up with Trilogy Rosehip Oil, I've noticed that my pores are the size of craters and there's a slight forming of jowls along the jawline as well as fine lines around the eye area. I'm also approaching 40 faster than a speeding bullet train.
I was at a local store a few days ago and stumbled upon a bottle of Ren Resurfacing AHA Concentrate at 50% off. I thought it'd be a good time to try to combat the signs of aging. I've used a few of their products and have found them amazing. That night, I massaged 3 drops of the serum onto my face, neck and chest. There was a slight tingling but that soon settled down. A few hours later, the hubs saw my face and exclaimed "huh... what happened to your face?Hey! Did you do something to it?" Grunt. Followed by a closer look muttering "it looks good". Which is male talk for "sweetheart, your face looks luminous tonight."
Seeing that the hubby tends to be oblivious to these things (I could've worn an old top 20 times and he still thinks it's new), I guess that's saying something. The next morning, I've noticed that my pores appeared visibly smaller, the skin was radiant and glowed. Most importantly, my fine lines looked almost invisible. I've now used the serum for 4 nights in a row now and am extremely impressed with the results. I don't bother with the foundation now and just use a little concealer in the morning. That's one whole minute shaved off my morning routine!
The Ren Resurfacing AHA Concentrate is completely natural. According to the blurb on REN website, it contains glycolic, lactic, tartaric and citric acids to promote regular cell turnover, While it isn't cheap by any means, a little goes a long way. Conversely, if you consider how expensive (and painful) chemical peels are, this is a far safer and affordable option. The Ren Resurfacing AHA Concentrate is available here for £30 in the U.K or here in the US for $45.
Oh my god - I'll take 10 bottles please. Since blogging, I have obviously started taking photos of myself and have been most displeased with any which have my face in. Like you say, you hit 40 and 40 hits your face. I am off to Harvey Nicks to get my bottle .
Sue, this is why I simply cannot model any clothes. I can't show my face. AND I haven't quite learned how to apply eye make up either.
Wow that sounds amazing Marlene.. I'm on that speeding bullet train with you! haha - am tempted to go try this out for myself; have used other Ren products before and they're great!
wow sounds like a miracle! ANd i just read your comment above and yes you can! I bet you look amazing!!!!! I would just die to see you in one of your fab outfits!!!!! xO!
Sounds like an awesome product :) !!!
Impressive! Can it be used on its own without moisturiser? One for my shopping list when I finish whatever I'm using.
Bloody hell, is this a miracle product or what? I strongly believe that we can't do a lot to combat the signs of ageing just cleanse, tone and moisturise but after seeing Horizon last week there is so much more we can do, regarding 5* sun protection (which I blogged about) and to eat less sugar! Yes really, now I can see all those Donuts have taken their toll and not just on my middle aged spread!
This is a precious review, Marlene. I stopped using serums a few months ago since I was not noticing any difference on my skin. But I'll consider this one from Ren. I never used this brand but I've always read good things about it. Maybe it's time to give it a try.
Hmmm...this looks like an interesting product to try. I like the ingredients. I think summer is a good time to take minimalistic approach to skin care.
I've used REN products, their Clearcalm3 line is really good. I've heard good things about this mask, but AHA containing products break me out so unfortunately I can't try it out.
SOUNDS FABULOUS! AT 42, I HAVE TO RELIGIOUSLY SPEND MORE TIME ON SKINCARE AND LESS ON MAKE-UP SO NEWS/REVIEW LIKE THIS IS GOLD TO ME.. THANKS!
You know a product is good when the husband notices a difference.
I MUST check this out as it has the glycolic acid which seems to work wonder for me in a previous skincare brand. The price is much more affordable too, thank you for sharing the goodness.
I am never a girl who has a long list of skincare product my whole life. My daily products have always been 1) sunscreen 2) cleanser 3) night moisturizer 4) eye cream (which is optional as of late). Toner, scrub or mask are of rare subject due to my laziness. At 33, i need to put much more efforts into taking care of my skin though. Dont wanna wait until it is too late. Woohooo i will be 40 in 7 years, pretty scary to think about it.
I love your philosophy on skin care. About a year and a half ago, I switched about 80% of my skin care to all natural or organic based products and have really noticed a difference.
That's a pretty decent price for getting rid of wrinkles - must try and see if I can source that!
um, you sold me on this product!! Smaller pores + radiant skin = sign me up!!
i've used REN samples and really like them, but never committed to their skincare. but, this....i might have to try it out! thanks for sharing!!
I love REN's Glycolactic Skin Peel and Moroccan Rose Body Oil so will definitely be giving this a try! Great review, your hubby's response is hilarious!
I used to do chemical peels and find them effective (if done in moderation). But now, it is difficult to find time to visit the doc and I think this is something I would like to try. AHAs do a wonderful job in evening out skintone.
I bought some of this yesterday Marlene on your recommendation. My skin is looking good today but time will tell I guess. | {
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"What's nice about it is the overall sound. You really get the feeling of musicians making music together. It's not about whose band it is or about showcasing chops or anything like that. They're playing the music, and you can feel how relaxed and free they are doing it. It's not tight and yet it's very tight, which is an amazing place to arrive at in music. I think this is great." – Charnett Moffett in Jazz Times. | {
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Animoca Brands is ending its 2018 financial year with its strongest annual performance to date.
The Hong Kong-floated mobile publisher, which has also invested heavily in blockchain and AI, posted Q4 revenue of $4.6 million, a 188 per cent year-over-year increase. Final unaudited revenues for the year hit a record $17.7 million.
Cash receipts for Q4 increased 637 per cent to reach $6.89 million, while Animoca Brands ends the quarter - and year - with $10.9m in cash and cash equivalents.
The company attributed much of this performance to its continued investments and partnerships in the blockchain games space.
This quarter's success follows a strong Q3 for Animoca Brands, with revenue then growing 283 per cent year-over-year to similarly reach $4.6 million.
Animoca's growth has attracted some high-profile partnerships, with Atari closing the year by making a strategic investment in Animoca to create blockchain versions of Rollercoaster Tycoon Touch and Goon Squad.
The firm has been taking on top talent to strengthen its position. It recently hired former Mozilla executive Gen Kanai to head up strategic partnerships going forwards. | {
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Seeking the best metal key round with good quality and affordable prices from DHgate NZ site. We provide a variety of cheap sparkle round earrings supplied by reliable sellers around the world. Helping you on your way to finding round building online of satisfaction is what we aim for. Enjoy exploring diverse arrays of round 3d wall sale and shop ideal gp round from nz.dhgate.com with free delivery to New Zealand. | {
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The Akshaya Patra Foundation operates based on a well-crafted module that puts hygiene and quality on top of its priorities. We also believe that eating is not only for nutrition, it is also for taste. We want children to relish what they eat and hence, we prepare a different dish every day to break the monotony.
Let's see what goes into making every meal completely safe, nutritious and tasty at the same time.
Akshaya Patra's centralised kitchens are equipped to prepare meals for large scale feeding. A strict kitchen process is observed which includes certain mandatory routines to be followed by each member of the kitchen staff. Food Safety Management Systems are implemented in all the kitchens be it centralised or decentralised, in order to handle, prepare and deliver food.
The cooking in centralised kitchens begins very early in the morning. All kitchens run by the organisation follow a scheduled menu. All cauldrons, trolleys, rice chutes, dal/sambar tanks, cutting boards, knives and other instruments in these units are sanitised before usage every single day. All vessels used in the kitchens are made of food safe stainless steel of 304 Grade which is capable of enduring high levels of temperature for long intervals.
The raw materials that are procured are of the best quality and to ensure this robust Supplier Quality Management System (SQMS) is implemented. This system further consists of a range of examination processes like Supplier Selection, Supplier Qualification, Supplier Rating and so on.
In order to make sure that none of the personal hygiene practises are missed out before the cooking begins, each staff member follows a routine hygiene chart. Daily shower, use of clean uniforms, caps to cover the hair, face masks to cover the mouth and nose area, gloves, gumboots, other protective gears and hand sanitisation are mandatory.
Standardisation of our recipes is an important factor while maintaining high levels of nutrition along with taste. In order to achieve these levels, a well-structured Quality Assurance programme is implemented at all stages of Operations— Pre-Production, Production and Post-Production.
The Quality Control process in the organisation accepts raw materials only after thorough Quality Inspection so as to meet all the requirements of our Raw Material Specifications which are generally adapted from Food Safety Standards Act 2006 (FSSA). Thirteen of the centralised kitchens are ISO certified and the remaining kitchens are in the process of this certification. | {
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7 YRS Shanghai Youte Banner Print Co., Ltd.
High degree of mechanical Cast acrylic sheet has higher strength and impact resistance is 7-18 times higher than ordinary glass. Light in weight The density of cast acrylic sheet is 1.19-1.20 g / cm³,and the same size of the material, its weight is only half of the ordinary glass. It has good resistance to chemical corrosion and it is suitable for surface decoration such as spaying, silkscreen printing vacuum evaporation coating.
9 YRS Jinan Powerful Image Equipment Co., Ltd.
7 YRS Zouping Jin Teng Sheng Building Materials Co., Ltd.
6 YRS Yiwu Yifang Plastic Products Co., Ltd.
2 YRS Shanghai Liyuan Digital Technology Co., Ltd.
5 YRS Zhuhai Seastar Packaging Material Co., Ltd.
Advertising: sign board,exhibition boards,picture frame backing,digital printing and screen-printing. Decoration: partitions, wall cladding, indoor or outdoor decoration, windows and false ceilings. Stationery and art design: It has multi-color, suitable for art design and various pattern box or delicate gift pack.
1 YRS Shandong Jinghai Planking Co., Ltd.
5 YRS Taizhou Hai Chang New Material Co., Ltd.
1 YRS Shanghai Yingpu Industrial and Trading Co., Ltd.
5 YRS Jiaxing Smartway Plastic Co., Ltd.
9.Good Insulation feature, widely used for different electrical equipment. 5) The order will be produced exactly according to order details and proofed samples. 6) Your business relationship with us will be confidential to any third party.
3 YRS Easy Building (Shanghai) Plastic Co., Ltd.
7 YRS Jiangxi Jumei Acrylic Manufacturing Co., Ltd.
1 YRS Shandong Evergreen Import and Export Co., Ltd.
6 YRS Jinan Xinyu Plastic Co., Ltd.
2 YRS Jie Guang (Shanghai) Board Industry Co., Ltd.
high quality China Products Transparent Exquisite glass product invitation card Product Parameters Density 1.2g/cm3 Color clear, transparent, marble,frosted,mirror ,red,blue,white,black , more than 100 kinds of colors. Technology cast acrylic sheet production process Equipment Fine carving machine/large laser/diamond polishing machine/large cutting machine/precision punching machine. Quality acrylic sheet conforms to the environmental protection standard, already through SGS environmental protection authentication.
4 YRS Shanghai Jintu Image Print Co., Ltd.
, established in 2006, has two production plants, with a total operation area of 5000 square meters. We offer a wide selection of styles to create custom flag designs, message flags, attention flags,beach flags, feather flags and more. Banners – In addition to meet the needs of more customers, we also carry a wide selection of banners for indoor and outdoor use.
10 YRS Changzhou Jinlibao Plastic Co., Ltd.
5 YRS Shanghai UTE Advertising Print Co., Ltd.
4 YRS Shouguang Roc Industry Co., Ltd.
6 YRS Zhejiang Zhanyu New Materials Co., Ltd.
2015 New Style Latest Acrylic Board Acrylic Cube Photo Frame 100% Virgin Lucite material from UK Specilized in Acrylic Line for 20 years PMMA Feature 1.Good light transmission 2.Good weather resistance 3.Can be molded and reprocessed 4.Widely usage, easy to dyeing and painting. 2.Advertisement application: light box, signs, direction board, display board etc 3.Traffic application: windows of train or bus, etc 4.Medical application: Infant incubators, various surgical medical instruments. 5.Industrial Applications: surface of the equipment, shield etc 6.Light application: shield of Linear Fluorescent Lamp, street lamp, etc certificate of production:ISO 9001 ,SGS If you are interested in acrylic cube photo frame , please contact woth me.
1 YRS Shanghai Enzo Industrial Development Co., Ltd.
15 YRS Zhejiang Huashuaite New Material Technology Co., Ltd.
pvc sheet, plastic pvc sheet, pvc foam sheet for frames photo design : PVC Foam Board Material PVC Foam Board Finish Glossy and matte Application Trade show, display,promotion,advertising etc. pvc sheet, plastic pvc sheet, pvc foam sheet for frames photo design 1. A : Yes, we offer custom service including sizes, printing, etc from our customers as long as they can provide available artwork to us. 5. Q : How about quality of your products9 A : We have our own factory, so we can control and promise all the steps of the production process.
Alibaba.com offers 10,085 photo frame boards products. About 11% of these are specialty paper, 6% are advertising boards, and 2% are plastic sheets.
A wide variety of photo frame boards options are available to you, such as chopping blocks, whiteboard, and tft. You can also choose from wood, plastic, and acrylic. As well as from fda, ce / eu, and sgs. And whether photo frame boards is eco-friendly, or stocked.
There are 10,085 photo frame boards suppliers, mainly located in Asia. The top supplying country is China (Mainland), which supply 100% of photo frame boards respectively.
Photo frame boards products are most popular in North America, Western Europe, and South America.
You can ensure product safety by selecting from certified suppliers, including 2,005 with ISO9001, 1,286 with Other, and 324 with ISO14001 certification. | {
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impressive outdoor umbrella stand side table patio umbrella stand without table elegant patio umbrella stand table and parasol base heavy outdoor umbrella outdoor image ideas.
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Here are some tips which I gather from various friends , family members & networking through the net . Keep these in mind & you shall have a beautiful kitchen garden ! It's great for relaxation too !
(1)Dont't let cold wind blow at your plants , especially during the cooler months . Cold winds tend to shrivel up tender herbs . It may also cause the leaves to be brittle and weak . Move your herbs ( if they are potted ) to a warmer place .( Not near the fire-place though . We wouldn't want unnecessay "accidents" to happen now , would we ? ) . Do not cover your plants with a cloth or towel either during the night as it will suffocate them . ( Plants are unlike us . We need warm clotting during cooler months . They don't !) .
(2)Do not put your plants near radiators , above television sets , radios , computers etc . The heat generated will cause your plant to dry & wither .
(3)Remember to water your plants regularly . However , too much water can also harm the plant . ( Too much water can change the acidity or alkaline level of the soil which brings more harm than good to the plant . Too much water can also drown the sedlings ) . For example , Basil don't grow well in over-watered soil whilst some herbs like Parsley , Dill , Lovage , Marjoram etc needs wel-drained soil . On the other hand , herbs like Chives require to be well-watered especially during dry weather .
(4)Make sure your plants get their adequate amount of sunlight . Some plants thrive well in full sun whislt others require shade or partial sunshine . For example , herbs like Dill , Coranider , Bay , Sage , Savory etc can be grown in full sun . While herbs which require shade or partial sunshine include : Fennel ( Will take some sahde ) , Lovage ( some sade as well ) , Mint ( Some shade ) , Parsley ( Doesn't like the afternoon sun) , Smallage (partial shade ) etc .
*P.S:The above list is by no means exhaustive . Check up or do research on the plants you would like to grow .
(5)Soil . Be sure to use a good pot mix if you intend to grow your herbs from seed . Either purchase a commerically prepared mix or you may want to prepare the mix yourself . Either way , do some reasearch into type(s) of soil best suited for the herbs which you want to grow .
(6)Poke some holes into the soil to allow air to flow to the roots . Loosen the soil once every month or more .( Be sure to wear gloves ) .
(7)Compare the basic growing patterns of the plants you want to grow with the local climate and enviroment to ensure that you make the appropriate adjustments to ensure healthy and good plant growth . | {
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Join us for a lunch conversation with Judge Dan A. Gattis, Commissioner Cynthia Long, CAMPO Executive Director Ashby Johnson and Greg Malatek, TxDOT Austin District Engineer, to discuss the Williamson County Long Range Transportation Plan: "Where We Are and What's to Come"
Welcome Reception for TXDOT Commissioner J. Bruce Bugg, Jr.
Join us for an evening reception with the newest member of the Texas Transportation Commission, Commissioner J. Bruce Bugg, Jr. with Special Guest, Mayor Steve Adler.
Corridor Council members and Public Officials may RSVP to [email protected].
The Corridor Council and Lone Star Rail District will host a 2015 San Antonio Mayoral Candidate Forum Luncheon, "The Future of Transportation in the Alamo City," Mayoral candidates participating include Commissioner Tommy Adkisson, Senator Leticia Van de Putte and State Representative Mike Villarreal. Robert Rivard (Rivard Report) will moderate.
Registration required by February 20.
If you have questions about Congressional Update on Transportation & Infrastructure with Congressman Roger Williams TX-25 contact Austin-San Antonio Corridor Council & Lone Star Rail District at 512-558-7360 or email Evan Hicks @ [email protected]. | {
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Essex Council to Appeal Racial Discrimination Claim
Will a Recent Injunction Risk Freedom of Expression?
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Should the Human Rights Act be Scrapped?
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Advocates of scrapping the Human Rights Act (HRA) put forward a number of reasons as to why this should happen, some of which are supported by a perfectly legitimate rationale. Arguments focus on principles such as national sovereignty, parliamentary sovereignty over the courts and obeying the rule of law.
The European Court of Human Rights has clashed many times with Parliament and the courts due to historical, cultural and philosophical differences in the way these principles are applied. Heavily publicised and notable instances include the laws on prisoners voting and the deportation of terror suspects. While in isolation these difficulties may foster support for scrapping the Act, there are also good reasons why it should remain. Family law in particular is heavily intertwined with the Human Rights Act and scrapping it could have serious implications for issues related to child care for example.
The Law Society has also argued against recent calls to scrap the Human Rights Act and articulated why, despite its imperfections, it is worth keeping. It also asserts that current misconceptions about the Human Rights Act and its legitimacy need to be addressed by a programme of public education and debate and by the setting up of standing committee on Human Rights.
Why Retaining an Promoting the Act is Better Option
The Human Rights Act, which came into force in 2000 enshrined in UK law the rights protected in the European Convention on Human Rights. The Government's call to replace the Human Rights Act with a British Bill of Rights is part of a broader agenda set on taking back a degree of control over the implementation of UK law from the EU. Speaking in 2006 David Cameron said that he wanted to entrench a British bill that was 'passed in our parliament [and] rooted in our values'.
Law Society president Andrew Caplen noted that, 'the Human Rights Act ensures that the rights included in the European Convention on Human Rights are enshrined in UK law'. He suggested that it is effective because it strikes a difficult balance between safeguarding fundamental rights and preserving parliamentary sovereignty.
Put simply, the suggestion is that the Human Rights Act already fulfils the functions that the proposed replacement bill would purport to fulfil; namely, it enshrines in a single consolidated document principles reflecting long-established British values.
The Difficulties of Replacing the Human Rights Act
Supporters of the Human Rights Act believe that replacing the HRA with a Bill of Rights may potentially have negative consequences. For instance, it would lead to unnecessary duplication and thus to complication in the protection of human rights because any new Bill of Rights would necessarily incorporate many of the protections already contained in the HRA.
Additionally, to resolve conflicts between any new provisions in the Bill of Rights and those in the HRA or between the jurisdictions responsible for enforcing the different rights from the different sources, it would need to be decided what status one document would have in relation to the other.
On balance it probably makes sense for the UK to retain the HRA and push for changes within that framework. A UK-wide Bill of Rights may be difficult to achieve and could risk cutting across local processes and sensitivities in the UK's devolved nations, while the creation of separate bills for the different nations would be overly complex.
Constitutional changes may also threaten the stability of the Union itself as they could be viewed as an attempt by Westminster to centralise power or as an opportunity for the devolved nations to bargain for greater autonomy, risks highlighted by the recent Scottish referendum.
The Human Rights Act covers a huge swathe of legal issues in the UK, particularly in areas such as family law. For specialist advice about the effects of the Human Rights Act on specific family law issues please contact Jeetesh Patel via e- mail [email protected] or by telephone on 0207 611 4848.
Posted by Rollingsons Solicitors Ltd at 11/25/2014 08:58:00 am
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Sheriff Patrick Firman
Join City Club of Denver in welcoming the newly appointed Sheriff Patrick Firman in his inaugural address to the club.
About Sheriff Patrick Firman
Sheriff Patrick Firman has over 24 years of uniformed and jail management experience. Patrick Firman served as Deputy Chief of Corrections for the McHenry County, IL Sheriff's Office from 2009 to 2014, and Deputy Chief and Chief of Corrections for the Lake County, IL Sheriff's Office from 2000 to 2009. In these roles, he has overseen jail systems of hundreds of inmates and department staff as well as managed multi-million dollar budgets. He is passionate about providing a high standard of care and custody to those involved in the justice system. Sheriff Firman carries significant expertise in corrections, penology and criminology along with a keen eye for process improvements and organizational accountability. He served as Vice President of the Board of Directors for the Illinois Correctional Association, and is a certified American Correctional Association auditor and executive, and Department of Justice PREA auditor. He is also certified in Approved Instructional Expertise in Human Behavior by the Illinois Law Enforcement Training and Standards Board. Firman shared his expertise as a professor at the Chicago area's College of Lake County and Trinity International University.
ON THE MENU:
House Greens with Julienne Vegetables, Roma Tomato, Balsamic Vinaigrette
Pan Seared Atlantic Salmon, Basil Lemon Beurre Blanc
Butternut Squash Ravioli, Wilted Spinach, Oven Dried Tomatoes, Pine Nuts, Sage Cream | {
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Aaron and I first met when he was in 8th grade and I was a sophomore in high school. Yes, I'm a cougar, but to be fair- we're two years apart in school but only a year and a few months apart in age. Anyways, I didn't even know who he was, as I was way too cool to be thinking about dating younger middle school boys. We met at church, and he swears up and down that the first time he saw me I was up on stage singing and his mom leaned over to him and asked, "What's wrong with that girl?". His response? "Absolutely nothing."
The "man-van plus Kelsie" on a church trip.
The majority of our early pictures together look something like this. Aaron and I both in the same place, but nowhere near "together". Aaron was younger and dating someone else, so I never even thought about being attracted to him. He was a sweet guy with a great voice and a love of strawberry lemonade, but I wouldn't say I knew him well. I was off at Mizzou except for the summer, and he was a high schooler.
For my grad party, I asked if anyone had a Mizzou flag that I could borrow. Aaron said he did, then bought one and let me keep it as a gift. (Clever, huh?) I hung it in my classroom at school. Aaron started texting me every now and then, just to ask about school. I didn't know this yet, but he had taken a year off of dating after his last break up, and the very day that he had circled on the calendar to start dating again, I had come back into his life. His patient pursuit had begun.
My first classroom, complete with the Mizzou flag Aaron gave me.
When the winter of 2011 rolled around, I was halfway through my first year of teaching, and was also coaching basketball. Aaron was home on break from college, and we lead worship again. He showed up to my basketball games, and I started to figure out that he liked me. We went to a game at Liberty North with a married couple, which was a bad idea because we weren't even dating. I friend-zoned Aaron. Thankfully, I didn't scare him off.
Then one week, Aaron received an anonymous letter from someone at our church. The letter told Aaron to take me out on a date, and $50 was enclosed to help him pay for it (you can't make this stuff up!). Aaron told me about it, I laughed, and he said that he would put it into his bank account and maybe take me out someday if I'd let him. At this point, I was scared to lose a friend, and didn't know what I was feeling. But he'd get his chance.
Leading worship together in Aaron's pre-haircut days.
To everyone else, Aaron and I were a no-brainer. People saw us sharing a water bottle before worship and assumed we were dating. My younger brother asked my mom when we were going to get married, to which she replied, "They should probably date first." My dad even said that he wouldn't be upset if I went to a different church to meet a guy, unless I was going to marry that "Aaron Kleinmeyer guy". Everyone knew him, and everyone loved him. (And with a heart as big as his, how could you not?) Aaron conveniently started to come home more for church, and he even found his way to my parents' house for lunch with my family.
Things really started progressing through February and March. For the first time ever, I knew what it felt like to be truly pursued (and ladies, you should always be pursued). No longer was I wasting time decoding text messages from prospects or dreaming up reasons to talk to a guy- Aaron was intentional about texting me, asking questions, and being real. Our phone conversations about church and worship turned into hour long convos about everything while I walked on the treadmill in our basement. A simple question about my day turned into a two hour exchange about our life goals and dreams (separate, though aligned). Safe to say, the Lord was doing a work in my heart as I saw a man that I looked forward to speaking to and being vulnerable with. One who truly cared about me from hours away in Columbia. One I grew to long to talk to and be with.
A Group of our Kiddos at the Dare to Share Conference 2012.
That St. Patrick's day, Aaron and I were both attending the Dare to Share Conference as leaders for our church. The trip was taking place in St. Louis, so I was coming from KC after school, and Aaron was going to be picked up in Columbia. I knew this was a make or break it thing. We had been talking so much that this was either going to be incredibly awkward or incredibly perfect. As we both sat in a leader meeting together, I had my arms folded. Aaron did too, and when his hand accidentally brushed the back of my arm, tingles shot down my spine. I knew that I could be, and was, attracted to Aaron. On the way home, I may have gotten pulled over in Columbia after we dropped Aaron off because I was so caught up in emotion that I forgot to turn on the mini-van's lights. Oops. Needless to say, I woke up the entire van of sleeping kiddos. The secret was out. I was falling for Aaron. I cancelled a triple date I had been set up on a month before, and Aaron asked to take me on a date in KC over his spring break so that he could officially ask me out in person. I agreed.
Our first date was March 28, 2012. It was everything a girl could've dream of. We grabbed dinner at Bo Lings, bought our journal, and slow danced in the rain before heading to the midnight premiere of Hunger Games. The next morning, I took Aaron to the airport so he could fly to Texas with his grandma to get Tori (the car we recently said goodbye to). We started our long distance relationship of journal writing, Skype dates, and talking on the phone. I loved falling in love with someone from a distance- hearing his voice made me melt, nothing was based on the physical, and it was always so exciting to actually see each other in person.
Our first boyfriend/girlfriend picture, on Easter.
Pretty much right away, I knew we were going to get married. We'd been very intentional about the start of our relationship, and wouldn't have been dating if we couldn't see ourselves getting married. That April, my childhood neighbor was getting hitched and I was going to be a bridesmaid and sing in her wedding. I was able to recruit Aaron to help sing, partly because I think we harmonize well and partly because I wanted a reason for him to come to the wedding. (And who doesn't love a guy who can sing?). At the reception, we slow danced together, and for the first time, I knew that this was what it felt like to be in love. For the first time, the guy I was dancing with couldn't take his eyes away from mine. For the first time, I felt like I was right where I was supposed to be. That night, people asked me when we were going to get married. I told them we'd only been dating for a month. But when you know, you know.
The night I knew, without a doubt, that I would marry Aaron.
The next eight months were a whirlwind as Aaron moved to his grandma's for the summer, and then to Independence to student teach. We found out what dating in the same city was like. Being only 45 minutes away was way better, but I still hated every goodbye, and dreamed of a time when it would be good night instead. As each month ticked by, Aaron stuck around, and I stopped worrying that I was going to mess things up like I'd always seemed to before. That November, we made it through my grandma's death and funeral, and Aaron was my shoulder to cry on. Little did I know, he'd already planned a big surprise engagement with my best friends, asked for the blessing, bought a ring, and kept my grandma in the loop before she passed away. But how Aaron popped the question is a story for another day. For now, just know that it was perfect.
Visiting the Alamo on Aaron's birthday, while on a Non-Stop YL trip, just a few days before he proposed.
Every day I am so thankful for the amazing way that the Lord brought us together. I recognize that He had his hand in our story from the beginning, and only when I truly relied on and found my meaning in Him, was I able to open my heart up for Aaron. I'm so thankful that Aaron was patient and persistent with me, that he found me to be someone worth fighting for. I'm thankful that I took a chance on an amazing man who is truly my best friend, my partner in crime, and my biggest fan. All of the waiting, the heartache, and the loneliness that I felt through college and beyond was worth it. Our marriage is the best adventure I've ever been on.
I've heard it said before: "Run as hard as you can towards the Lord, and then look around to see who's there with you." That's our story. Aaron and I both were running towards the Lord, while pursuing kids and leading others in worship. Then we looked around, found each other, and realized that we were in it together. To this day, we're still in it together. We fight together in the trenches for our YoungLife kids to know Jesus. Few things in life bring me more joy than praising God together in song, or feeling my heart melt as I watch Aaron love kids well. I am so blessed to have a godly man who leads me and loves me with more grace than I'll ever deserve. He'll say I'm a catch, but he's wrong. He's the catch. And I'm so thankful that he chose me, and continues to do so daily, despite my stubbornness and imperfection. It's the most beautiful picture of loving me like Jesus does.
He liked it, so he put it a ring on it. And the rest, my friends, is history.
Every love story is beautiful, but ours is my favorite. I can't wait to see the rest of it unfold.
I'm linking up with Twinkly Tuesday, Purposeful Faith, Teaching What is Good, Testimony Tuesday, Intentionally Pursuing, The Painted Teacup, Messy Marriage, Sweet Little Ones, Amy Schlichter, Organized 31, Bliss and Faith, Welcome Home Wednesday, Let's Be Friends Blog Hop, and The Modest Mom Blog.
Thanks so much, Cristina! We are very blessed.
What a beautiful story! We will also be married 2 years this month! I loved reading your story and I am looking forward to reading about the proposal in a future post! Thanks for joining the Link-It To Me Link Party! I hope you will party with us again next week!
Thanks, Chantal! Looks like we were both tying the knot in a great month :) I've got a proposal post coming your way in the next few days. Be looking for it :) Thanks for having me, as always!
This is the best.story.ever. SO SO SO cute and so amazingly God ordained at every corner! Did you guys ever figure out who sent him the envelope with money in it??
You are way too kind, Sarah! (although I do think it's pretty awesome!) Isn't God so good? So we have a few guesses about the envelope, but when we asked one lady about it she wouldn't really tell us either way. So we don't know! Isn't that so fun. Everyday I am so thankful for Aaron's pursuit, and the way that it gives me just a glimpse of the way Jesus continuously pursues me! Thanks for stopping by!
What a precious beautiful story of your growing love, and God pulling you toward one another--as you ran toward the Lord! "That's our story. Aaron and I both were running towards the Lord" I absolutely love the person who gave Aaron $50 - What a fabulous person! I was drawn to your story at #raralinkup since it's our anniversary this week, and my post is also on how I met my husband! (http://www.holyvacationqueen.com/the-treasures-of-marriage-and-intimacy/) I'm much older than you, and we didn't know the Lord back then, but God's was behind the scenes working away at our hearts! And my husband is also younger than me!
Thank you, Crystal! That is one of my very favorite parts of our story, and something I encourage all younger girls in. Thanks for having me!
Thanks Diana! It still has that effect on me too :) God is so good!
Thank you so much! I love it as well, it's exactly what I needed for God to remind me of His unfailing love!
What a beautiful story, Kelsie! The timing and how things unfolded cannot be more perfect, truly God's masterpiece 💜 All the best to you and Aaron!
Thank you, Reg! I totally agree- God has a masterful way of making things work at exactly the right time. Thanks so much for your well wishes! Hugs to you.
Such a sweet story! I love hearing love stories and it sounds like you two are perfect for each other.
This is such a beautiful story, with God at the center of everything--which just makes it better. I love it!
Thank you, LaurenJane! You are so right!!
I love your story! My boyfriend and I have been together since we were 15, and we're now almost 21. I have loved really growing up with him!
Thanks so much, Emma! That's so fun!
Such a cute story, happy 2nd anniversary to you guys!
What a sweet story! I met my hubby in high school. It is amazing how we cross paths but don't realize the chemistry until later!
Thanks so much, Ashley! You're so right!
Man your guy is PERSISTENT! Lucky for the both of you, lol, he knew what he wanted and he didn't rest until he had it. You've got to respect that, and also your obvious affection for each other.
Oh my goodness, I absolutely LOVED reading this!!!!!!!!!!!! God is SO good when He directs our love stories!!! Did you ever find out who left the $50 for your date?????????
Aww, you guys have a beautiful story! I love that you guys have known each other from a very young age! I met my husband when I'd just turned 17, but because of our age gap, he was already 24, so I missed out on seeing what he was like when he was young.
I have tears in my eyes. That was beautiful! And you are so right with one thing: when you know, you know. :) My boyfriend and I have been together for nearly 3 years and I thank God for him constantly.
Oh my word, I LOVE this love story! So precious...thank you for sharing it at your very own party! (Stopping by from there, by the way!) My husband and I also met at church. I, too, sang that morning. Afterwards, he said, "I enjoyed your song, Elizabeth." I said, "Thank you," and that was it. We got into our respective parents' vans and told them, "That's the person I'm going to marry." Anniversary #21 just happened. :) Congratulations to you two Ks...the best is yet to come!
A beautiful story Kelsie, I'm so happy for you and wish you many many more anniversaries to come!
Aw, what a sweet, sweet story! I love his response when his mom asked him about you: "absolutely nothing", and I love that you both go so far back! There is a lot of comfort in knowing each other's stories so well. This was such a wonderful story to read on Valentine's Day!!
I have been following along with your pregnancy journey, and I can't wait to see pics of baby!! I, also, applied for a rewards credit card after reading all your posts on traveling via rewards cards. I really enjoy reading your blog! Just wanted you to know!
This is seriously so cute :) I love that your relationship was founded in the church. It makes for such a special and beautiful story. Happy Anniversary to both you and Aaron!
What a sweet story! I always love hearing about how people meet and start dating, especially when things get off to an unclear start. :) What I really appreciate your story is how the Lord really is front and center in the whole thing -- and I can tell that's still true of your marriage.
What a beautiful love story! I love how the Lord kept bringing you closer together! God is great!
Aww this is so sweet! What a perfect story. | {
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The church where the phone theft took place.
He sat quietly in the congregation and participated in the church activities until few minutes to the end of the service.
Nobody would have mistaken Omodara Joshua as a cult member as his appearance on that day did not give him up as one.
He sat quietly in the congregation and participated in the activities of the Redeemed Christian Church of God, Akowonjo, Lagos State until few minutes to the end of the service.
As the service was drawing to a close, Joshua became uncomfortable and restless.
This drew the attention of an usher who approached him to find out what was wrong.
What Joshua told her almost threw her off balance that she had to call the attention of the Chief Usher.
When the chief usher arrived, and Joshua repeated the same thing he told the first usher to him, the mouth of the chief usher was wide open in shock.
Members of the congregation around Joshua that heard his confession were also shocked at the revelation.
Okay, we know you are becoming impatient and curious to know what he told them.
Joshua revealed that he belonged to the cult group known as Axe Confraternity in the Moshood Abiola Polytechnic, Ojere, Ogun State.
Not only that, he confessed that he came to the church with charms and would like to surrender them.
Joshua was taken outside the auditorium so as not cause distraction and handed over to a minister.
When asked why he came to church with charms, he said the charms are for protection and he was instructed by his cult leader to always have them with him when going anywhere.
He further stated that he has been involved in several cult activities in his school but never killed before.
The charm wrapped in a black nylon was collected from him while Joshua was asked to wait to see the parish pastor for deliverance and counselling. | {
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Browsing by Author Ushakov, V. N.
2018 An Approach Problem with an Unknown Parameter and Inaccurately Measured Motion of the System Ushakov, V. N.; Ershov, A. A.; Jr.; Ushakov, A. V.
2021 Control Systems Depending on a Parameter Ushakov, V. N.; Ershov, A. A.; Ushakov, A. V.; Kuvshinov, O. A.
2012 An estimate of the stability defect for a positional absorption set subjected to discriminant transformations Ushakov, V. N.; Uspenskii, A. A.; Malev, A. G.
2020 On estimation of Hausdorff deviation of convex polygons in R2 from their differences with disks Ushakov, V. N.; Pershakov, M. V.
2019 On one addition to evaluation by L.S. Pontryagin of the geometric difference of sets in a plane Ushakov, V. N.; Ershov, A. A.; Pershakov, M. V.
2018 On reducing the motion of a controlled system to a Lebesgue set of a Lipschitz function Ushakov, V. N.; Ershov, A. A.; Parshikov, G. V.
2018 On Some Nonlinear Control System Problems on a Finite Time Interval Ushakov, V. N.; Ukhobotov, V. I.; Matviychuk, A. R.; Parshikov, G. V.
2015 One estimation of the stability defect of sets in an approach game problem Ushakov, V. N.; Malev, A. G.
2015 Optimization of the Hausdorff distance between convex polyhedrons in R3 Ushakov, V. N.; Lebedev, P. D.; Tarasyev, A. M.; Ushakov, A. V. | {
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Drive for 10
From looking back on our storied past, we've set a plan in motion for an even more promising future. We call it "Drive for 10."
It all started on store shelves. But the constant quest for innovation never ends.
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Ball's sustainability management, performance and goals are regularly reviewed by third parties.
Dow Jones Sustainability Indices
Ball was listed on the 2018 Dow Jones Sustainability Indices (DJSI) World and North America for the sixth year in a row, further validating its progress in making the can the most sustainable package.
The DJSI index family tracks the financial performance of the leading sustainability-driven companies worldwide based on an analysis of financially material economic, environmental, and social factors. Ball achieved industry leading scores once again on criteria such as product stewardship, occupational health and safety, codes of business conduct and environmental reporting.
Ball has participated in CDP assessments (formerly Carbon Disclosure Project) since 2007 and has improved its score each year. With a 2015 score of 98 B, Ball achieved one of the best results of all packaging companies. The disclosure score (98) assesses the completeness and quality of a company's response. The performance score (B) assesses the level of action, as reported by the company, on climate change mitigation, adaptation and transparency. A group of 822 investors with $95 trillion in assets uses CDP to identify companies that report reliable, comprehensive information about climate change risks and opportunities.
Ball became a member of the FTSE4Good Index Series on the London Stock Exchange in 2009 and has been confirmed as a member every year since then. The FTSE4Good Index Series is designed to measure the performance of companies demonstrating strong Environmental, Social and Governance (ESG) practices.
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EURONEXT Vigeo Eiris
Euronext, the leading Pan-European marketplace, and Vigeo Eiris, a leading European expert in assessing responsible performance, launched a range of socially responsible investment indices in 2013. Since then, Ball has been selected as a member of the Euronext Vigeo US 50 index (last confirmation November 2018). The index comprises the 50 most advanced U.S. companies in the areas of Environmental, Social and Governance performance.
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Ball has been selected for inclusion in the Calvert Responsible Index Series, covering the Calvert U.S. Large Cap Core Responsible Index (CALCOR), the Calvert U.S. Large Cap Growth Responsible Index (CALGRO), and the Calvert U.S. Large Cap Value Responsible Index (CALVAL). All three indices represent a portfolio of large capitalization stocks listed on U.S. stock exchanges that meet Calvert's Environmental, Social, and Governance (ESG) criteria for index inclusion.
ISS OEKOM "PRIME"
As part of ISS oekom research's Corporate Rating, an assessment of over 100 social and environmental criteria, Ball qualifies as one of their "Prime" companies. Among other categories, Ball achieved excellent scores around eco-efficiency. Of all containers and packaging companies rated by ISS oekom, only three, including Ball, have achieved Prime status.
ROBECOSAM Silver Class Award 2019
Ball Corporation qualified for inclusion in the 2019 Sustainability Yearbook, published by RobecoSAM, receiving the Silver Class distinction for its excellent sustainability performance. 2019 marks the ninth year in a row that RobecoSAM included Ball in its book. RobecoSAM, the investment specialist focused exclusively on Sustainability Investing, has evaluated the sustainability performance of more than 2,000 corporations annually since 1999.
INVESTOR STATEMENT
"At William Blair, we believe the integration of material ESG issues alongside traditional financial metrics in our fundamental analysis can enhance the long-term risk/reward profile of our investments. Governance has always been a critical element in our quest to find companies that can sustain growth over the long term. But with an expanded aperture as it relates to the concept of sustainability, environmental and social considerations are increasingly influencing our investment dialogue. Importantly, the integration of ESG factors provides us the potential to not only identify additional risks, but also to find incremental opportunities for companies to increase the durability and magnitude of earnings growth.
In our view, Ball Corporation's holistic approach to sustainability, grounded in management's explicit consideration of various stakeholders, including its customers, employees, communities and the environment, has been a key driver of growth and profitability for its investors. Specifically, Ball's measurement of plant-level efficiencies and the inclusion of those metrics in employee incentives have resulted in reduced energy consumption, water usage and waste – all of which translates to a more competitive cost structure.
At the product level, we believe the environmental benefits of metal packaging relative to the challenges associated with plastic, its primary competitor in food and beverage packaging, have contributed to demand for metal packaging and the growth profile of the company. Not only is metal packaging completely and infinitely recyclable, but also it is recycled at a far higher rate than that of plastic. In addition, much of the plastic that is collected for recycling actually ends up in landfills.
From an investment perspective, our consideration of environmental factors in addition to traditional financial metrics for Ball Corporation helped us to form a differentiated view around the company's growth profile that investors with a more narrow focus may have underestimated."
- Dan Crowe, CFA, Partner, Portfolio Manager
EU-U.S. AND SWISS-U.S. PRIVACY SHIELD POLICY
© 2019 Ball Corporation | {
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Enthusiasts of new fish and seafood are in for a serious take care of at The Winery Cafe in Northampton. Skilled cooks prepare dinner and put together some of the British isles's ideal seafood, with specials altering daily based on the everyday capture. A agency beloved with inhabitants and guests to the spot, this spouse and children-operate cafe features wonderful food stuff in comfortable and informal environment. Best for a intimate food, spouse and children accumulating or a celebration with pals, The Winery's site close to The Royal and Derngate Theater intricate also make it perfect for pre-theater eating.
The a la carte menu has a tantalizing option of appetizers like pan-fried mackerel marinated in garlic, thyme and served with horseradish as perfectly as a home made fishcake of the working day with tomato sauce and salad. Make absolutely sure to examine the specials board to see what freshly cooked fish is out there. As you would count on from seafood dining establishments in Northampton there are traditional starters these types of as smoked salmon drizzled with olive oil, lemon and capers, crispy, deep-fried calamari served with tartar sauce and de-shelled king prawns served in both garlic butter or tomato and chilli. Diners in the temper for anything other than sea food stuff will be tempted by the home made duck and rooster liver pate with redcurrant jelly, basil dressing and toast or the succulent carpaccio of beef served with 'cooks' dressing. Vegetarians have not been overlooked with selections like oven-baked goat cheese topped with caramelized onion or the abundant and earthy ravioli stuffed with mushrooms in a home made tomato sauce.
Almost nothing goes as perfectly with fish and seafood as a meticulously decided on wine. The good news is The Winery Cafe has an outstanding wine record and a welcoming home supervisor, Tina, will take excellent satisfaction in aiding diners with food stuff and wine pairings. If you want to attempt anything a little bit unique then monkfish tails served with beurre blanc sauce is a excellent choice, or why not attempt the sea bass in leek and mustard sauce for a fish dish with a slight chunk. A incredibly common dish when out there is the loin of cod with black butter and fried capers, and these who want a serious indulgence can purchase the fish platter with king prawns, cod and sea bass in a decadent saffron sauce.
If seafood is not your to start with option do not be concerned as the Winery, like lots of dining establishments in Northampton, also has a excellent assortment of meat, pasta and salads. Steak enthusiasts will be content to see primary British fillet served with a option of home made sauces Stilton, Diane or traditional peppercorn. Other solutions include things like duck breast infused with summertime fruits, a tender rooster breast topped with parma ham and mozzarella and the rack of lamb with garlic and herb crust arrives remarkably encouraged. All the most important programs arrive with new seasonal greens and potatoes from the regional Northampton industry. People devoted to pasta can love penne arrabiata, spaghetti carbonara and ricotta and spinach tortelloni, though the rooster Caesar salad is generally a take care of!
The lunch and pre-theater menu features a option of one or two programs and has a excellent vary of dishes from traditional prawn cocktail and garlic mushrooms for starters to smoked haddock and spring onion fishcake and a abundant, home made pie of the working day for mains. The Winery Cafe in Northampton serves new, scrumptious and traditional food stuff in elegant environment. With an proven historical past of high quality and excellence, this is a incredibly active and common place for these hunting for anything specific, reserving is remarkably encouraged. | {
"redpajama_set_name": "RedPajamaC4"
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The candidate must be between the age of 25 and 45 i.e. he/she must not be less that the age of 25 on the date of the start of the course and must not have completed 45 years a day before the start of the course.
2. The candidate must fill in the online application by visiting the website: https://www.itecgoi.in/index.php. (Please make sure you enter your name as given in the passport).
3. After filling online application, the applicant would need to take a print of the application, sign it, affix a recent photograph and send it to this Embassy along with photocopies of his/her testimonials.
Please note that the applicant must send the original Medical Fitness Certificate from any MBBS or recognised Government Hospital. The certificate must bear the full name of the doctor, his/her registration along with contact telephone and e-mail ID.
or [email protected]. However, in some cases, direct applications can be accepted by the Embassy.
5. There is no limit on number of applications for one single course, but the decision of the authorities in granting admission will be final. The Embassy has no role in admission in procedure.
6. The applicant should have sufficient understanding of the English language and each application will have to appear for a Basic English Linguae Test and a short interview.
7. Once the admission is approved by the authorities in India, the applicant will be informed immediately with the request to contact the Embassy to complete remaining formalities for attending the course viz. as Basic English Language Test, Interview, collection of Visa and air-ticket.
8. The Government of India will provide return economy class fare plus accommodation on sharing basis. However, applicant must carry some money to meet some expenses immediately on their arrival in India.
9. Please note that courses mentioned in the brochure are for the year from April 2016 - March 2017 and each course becomes available for on-line application 8 to 12 weeks before its start. | {
"redpajama_set_name": "RedPajamaC4"
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#include "stdafx.h"
#include "NodeDiscoveryPacket_v5.h"
namespace mscl
{
const DeliveryStopFlags NodeDiscoveryPacket_v5::stopFlags_nodeDiscovery(true, false, false, false);
bool NodeDiscoveryPacket_v5::integrityCheck(const WirelessPacket& packet)
{
const uint8 RADIO_CHANNEL_MIN = 11;
const uint8 RADIO_CHANNEL_MAX = 26;
//verify the payload size is correct
if(packet.payload().size() != 27)
{
return false;
}
//read what should be the radio channel byte
uint8 radioChannel = packet.payload().read_uint8(PAYLOAD_OFFSET_RADIO_CHANNEL);
//verify that the radio channel byte is valid
if(radioChannel < RADIO_CHANNEL_MIN || radioChannel > RADIO_CHANNEL_MAX)
{
return false;
}
//verify the delivery stop flags are what we expected
if(packet.deliveryStopFlags() != stopFlags_nodeDiscovery)
{
//packet not intended for the PC
return false;
}
//verify the packet type is correct
if(packet.type() != packetType_nodeDiscovery_v5)
{
//packet is not a node discovery packet
return false;
}
//packet looks valid
return true;
}
} | {
"redpajama_set_name": "RedPajamaGithub"
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Snoop dogg life da party mp3
Gaana is the one-stop solution for all your music needs. Gaana offers you free, unlimited access to over 45 million Hindi Songs, Bollywood Music, English MP3
Snoop Dogg - Life Of Da Party Música y Letra [Mistah F.A.B.] Hey look I'm only in town for a night And when I pull up man the crowd get hyped And everybody love me, the browns to the whites You live like a movie but a movie my life [Chorus] I'm the life of the party (Every time I show up) I'm the life of the party (Every time I blow up) I'm the life of the party (Every time I show up) I'm the Download Snoop Dogg - Life Of Da Party | Life Of Da Party Radio Edit,Life Of Da Party Explicit,Life Of Da Party Instrumental Album Free good beat by snoop Download Snoop Dogg mp3. Snoop Dogg download high quality complete mp3 albums. Login: Snoop Dogg - Life Of Da Party (Featuring Too Short And Mistah F.A.B.).mp3: Originally, Snoop Doggy Dogg planned an album free of star guests. Nonetheless, a few of his colleagues took part in the creation of this autobiographic album.
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- Life Of Da Party (Album Version (Edited)) без регистрации. 2010 Snoop Dogg Presents We Da West Mixtape Vol. 1 [192 kbps] 2011 Snoop Dogg & DJ Skee – PuffPuffPassTuesdays Vol. 1 [320kbps] 2011 Snoop Dogg – Throw Your Dubs Up! [VBR V0] Compilations 2001 Death Row's Snoop Doggy Dogg Greatest Hits [320 kbps] 2005 The Best Of Snoop Dogg [320 kbps] 2006 Snoop Dogg Presents Tha Unreleased Vol. 1 [192 kbps] 2007 Snoop Dogg Presents Unreleased … This song can be downloaded from http://1000FREEDOWNLOADS.INFO snoop dogg - Life Of Da Party (Feat. Too $h - Ego Trippin' Best of Snoop Dogg: https://goo.gl/SSRjw6Subscribe here: https://goo.gl/FckccuMusic video by Snoop Dogg performing Life Of Da Party. (C) 2008 Geffen Records Download Snoop Dogg songs, singles and albums on MP3. Over one million legal MP3 tracks available at Juno Download. Snoop Dogg Calvin Cordozar Broadus, Jr. (born October 20, 1971), known professionally as Snoop Dogg, is an American rapper, singer, songwriter, record producer, television personality and actor. His music career began in 1992 when he was discovered by Dr. Dre and featured on Dre's solo debut, "Deep Cover", and then on Dre's solo debut album, The Chronic Snoop Dogg Songs Download- Listen to Snoop Dogg songs MP3 free online. Play Snoop Dogg hit new songs and download Snoop Dogg MP3 songs and music album online on Gaana.com.
Download Sensual Seduction-Album Version (Edited) FINAL by Snoop Dogg Life Of Da Party-Album Version (Edited)Mistah Fab - Ego Trippin'-Edited Version.
The music video premiered on 106 & Park, BET TV show March 11, 2008. Song details "Life of da Party" is the third single from Snoop Dogg's ninth solo album Ego Trippin'. It features Too $hort and Mistah F.A.B..
LYRICS:[Mistah F.A.B.]Hey look I'm only in town for a nightAnd when I pull up man the crowd get hypedAnd everybody love me, the browns to the whitesYou live
Sound Files (MP3). Sexual Eruption - from the album Ego Trippin' Life Of Da Party (f/ Snoop Dogg has unwrapped the official visual for his single "One More Day Mp3" ft.
Learn the full song lyrics at MetroLyrics. Snoop Dogg – Life Of Da Party. No Comments; 0 Tags [Hook: Mistah F.A.B.] Hey look I'm only in town for a night And when I pull up man the crowd get hyped And everybody love me, the browns to the whites You live like a movie but a movie my life [Chorus] I'm the life of the party (Every time I show up) I'm the life of the party (Every time I blow up) I'm the life of the party (Every time I Listen to Life Of Da Party, a song by Snoop Dogg on TIDAL. TIDAL is the first global music streaming service with high fidelity sound, hi-def video quality, along with expertly curated playlists and original content — making it a trusted source for music and culture.
I know it's long as fuck, an " Life of da Party " is the third single from Snoop Dogg 's ninth solo album Ego Trippin'. It features Too Short and Mistah F.A.B. and was produced by Scoop DeVille. It peaked at #5 on the Bubbling Under Hot 100 Singles chart, making it Mistah F.A.B.'s most successful single to date.
- Life Of Da Party (Album Version (Edited)) без регистрации. 2010 Snoop Dogg Presents We Da West Mixtape Vol. 1 [192 kbps] 2011 Snoop Dogg & DJ Skee – PuffPuffPassTuesdays Vol. 1 [320kbps] 2011 Snoop Dogg – Throw Your Dubs Up! [VBR V0] Compilations 2001 Death Row's Snoop Doggy Dogg Greatest Hits [320 kbps] 2005 The Best Of Snoop Dogg [320 kbps] 2006 Snoop Dogg Presents Tha Unreleased Vol. 1 [192 kbps] 2007 Snoop Dogg Presents Unreleased … This song can be downloaded from http://1000FREEDOWNLOADS.INFO snoop dogg - Life Of Da Party (Feat. Too $h - Ego Trippin' Best of Snoop Dogg: https://goo.gl/SSRjw6Subscribe here: https://goo.gl/FckccuMusic video by Snoop Dogg performing Life Of Da Party. (C) 2008 Geffen Records Download Snoop Dogg songs, singles and albums on MP3. Over one million legal MP3 tracks available at Juno Download. Snoop Dogg Calvin Cordozar Broadus, Jr. (born October 20, 1971), known professionally as Snoop Dogg, is an American rapper, singer, songwriter, record producer, television personality and actor.
LYRICS:[Mistah F.A.B.]Hey look I'm only in town for a nightAnd when I pull up man the crowd get hypedAnd everybody love me, the browns to the whitesYou live Listen to Life Of Da Party on Spotify. Snoop Dogg · Song · 2008. Find album reviews, stream songs, credits and award information for Life of Da Party - Snoop Dogg on AllMusic - 2008 Waptrick Snoop Dogg Mp3: Download Snoop Dogg - Intrology, Snoop Dogg - Psst, Snoop Dogg - Round Here, Snoop Dogg - Perfect, Snoop Dogg - Gangbangin Intro, Snoop Dogg - Get a Light, Snoop Dogg - Step Yo Game Up, Snoop Dogg - Beat Up On Yo Pads, Snoop Dogg - Up Jump Tha Boogie, irson kudikova feat snoop dogg - replay, Snoop Dogg - Cant Say Goodbye feat Charlie Wilson, Snoop Dogg - A Word Witchya Best of Snoop Dogg: https://goo.gl/SSRjw6Subscribe here: https://goo.gl/FckccuMusic video by Snoop Dogg performing Life Of Da Party. (C) 2008 Geffen Records Snoop Dogg - Life Of Da Party BROKEN? 103,751 views. Uploaded March 12, 2008.
and Too Short. The music video premiered on 106 & Park, BET TV show March 11, 2008.
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All songs and albums from Snoop Dogg you can listen and download for free Download Snoop Dogg - Snoop Bounce Stream Snoop Dogg - Snoop Bounce Snoop Dogg signs petition to change the NBA logo to honor Kobe Bryant By downloadin
Play Snoop Dogg hit new songs and download Snoop Dogg MP3 songs and music album online on Gaana.com. Download Snoop Dogg mp3. Snoop Dogg download high quality complete mp3 albums. Login: Snoop Dogg - Life Of Da Party (Featuring Too Short And Mistah F.A.B.).mp3: Originally, Snoop Doggy Dogg planned an album free of star guests. | {
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Unlike all other Arcticstore models and due to the extreme low temperatures the UltraFreezer retains traditional shipping container design features like the "T" section floor and normal refrigerated container doors.
Due to properties of the normal stainless steel internal panels are aluminium chequerplate.
Developed by shipping companies for the transport of valuable tuna we have identified several niche applications in particularly dairy and pharmaceutical industries. | {
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About Chapter
About Gabriel Chapter
Air Force Association, Chapter #433
Message from the Chapter President
President, General Charles A. Gabriel Chapter
Air Force Association
Gabriel Members
Retired Air Force Members
President / USAFR/Ret
Our chapter exists to support the mission of the Air Force Association -- to promote a dominant United States Air Force and a strong national defense, and to honor Airmen and our Air Force Heritage.
Former Chief of Staff USAF/Ret
General Charles A. Gabriel
General Charles A. "Charlie" Gabriel, a widely-heralded fighter pilot and distinguished combat leader, a revered mentor, and U.S. Air Force Chief of Staff from 1982-1986.
Gabriel Chapter Roster
Key Officers & Chapter Leadership
Gen (Ret.) Ralph "Ed" Eberhart
Col Mike Winters (Ret.)
Brad Wilkins
Jack Diamond
Joe Burke
VP Membership & Community Partners
Rick Larson
VP Salute & Military Affairs
Lisa Richter
VP Aerospace Education
VP Chapter Events
Sam Shelton
VP for Chapter Communications
VP Leadership Development
Filip daSilva
VP Awards and Recognition
MSgt Heather Celano
VP Veterans Affairs
Lee Rizzo
VP Government Affairs
Gina Giles
EXCOM Member
Pat Rock
ARTICLE I (Name)
The official name of this Chapter shall be the General Charles A. Gabriel Chapter of the Virginia State Air Force Association. It may also be referred to as the Gabriel Chapter.
ARTICLE II (Objectives)
The Air Force Association provides an organization through which we, as free people, may unite to address the defense responsibilities of our nation imposed by the many advances in aerospace technology that have been, and will continue to be made; to educate the members and the public at large as to what that technology can contribute to the security of free people and the betterment of mankind; and to advocate and support military preparedness of the United States and its allies adequate to maintain the security of the United States and the free world.
ARTICLE III (Limits)
The Chapter shall be civilian and shall not be used for the dissemination of partisan principles, or for the promotion of candidacy of any person seeking office or preferment, or for any other personal or commercial gain.
The Chapter shall operate exclusively for the purposes specified in AFA's Articles of Incorporation, and shall not carry on any other activities not permitted to be carried on by an organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code.
Upon dissolution of the Chapter assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code.
ARTICLE IV (Membership)
Section 1. Eligibility. A member of the Association shall be deemed to be a member of this Chapter if they shall either have filed application for such membership with this Chapter, or shall have been assigned to this Chapter through automatic affiliation, or shall have paid their AFA dues through, or credited the same to, this Chapter. Members in good standing may transfer their affiliation to any Chapter of the Association. No member of this Chapter may be a member of any other Chapter at the same time. No person may join the Chapter without first being a member of the Air Force Association.
Section 2. Community Partners. A company or business that wishes to support the aims of the Air Force Association for greater community understanding of the need for aerospace power in the defense of the nation may apply for affiliation with the Air Force Association and the Steele Chapter as an AFA Community Partner.
Section 3. Vacancies. In case of vacancy in any elected office, it shall be filled by appointment of the President for the remainder of the unexpired term and thereafter until a successor is elected, except that in the case of vacancy occurring in the office of President, the office shall be assumed by the elected Vice President.
ARTICLE V (Finance)
Section 1. Dues. Annual dues are paid to the Air Force Association as required by the Association. No other dues are required.
Section 2. Fiscal and Operating Years. The Fiscal Year of the Chapter shall be January 1 through December 31. The Operating Year shall be October 1 through September 30.
ARTICLE VI (Chapter Meetings)
Section 1. The Chapter shall meet at least quarterly. The election of officers shall occur once every two years in the third quarter of the second Operating Year. Special meetings may be called by the president, by majority vote of the Chapter Council, or upon written request of not less than ten (10) of its members.
Section 2. Quorum. A quorum shall consist of ten (10) members present.
Section 3. Notice of Meetings. Members will be notified of regular meetings by email or other verified method. Members will be notified of a special meeting, by e-mail or other verified method, no less than fourteen (14) days prior to a special meeting.
Section 4. Voting. Each member in good standing of the Chapter shall be entitled to one vote in all proceedings.
ARTICLE VII (Officers)
Section 1. Elected Officers. The elected officers of the Chapter shall be a President, a Vice President, a Secretary, and a Treasurer. The President may appoint additional officers. The officers shall be elected by ballot either at the bi-annual elections or by e-mail to chapter members in good standing. Elected officers shall normally serve for a period of two years, beginning on October 1 and concluding 24 months later on September 30, or thereafter until their successors are elected.
Section 2. Appointed Officers. The President may appoint additional officers with the majority approval of the Chapter Council. Appointed officers may be removed from office by the President or by majority vote of the Council.
ARTICLE VIII (Chapter Council)
Section 1. Membership. The Chapter officers (elected and appointed) shall be members of the Chapter Council. Any Gabriel Chapter member in good standing who wishes to participate on a regular basis may be a member of the Chapter Council. In the Gabriel Chapter, the Council is also referred to as the Executive Committee.
Section 2. Duties. Between meetings, the administrative power of the Chapter shall be vested in the Chapter Council. In addition to such powers as are specifically conferred upon it by the Constitution and Bylaws, the Chapter Council shall be responsible for the general management of the affairs of the Chapter and may make such regulations as it deems advisable, not inconsistent with its governing documents. It shall keep a written report of its proceedings and shall make a written report of its activities.
Please take a moment to recognize our generous Platinum, Silver, Bronze level Corporate Sponsors and Community Partners.
Join AFA
EXCOM Web Mail
AFA Gabriel Chapter
Chapter #433 is one of only four named after former chiefs of staff. Organized in 1988 and chartered in 1989, the Gabriel Chapter serves AFA members of the National Capital Region.
General Charles A. Gabriel Chapter, Air Force Association, Chapter 433 | {
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Save Wiley Creek Community from closure.
WILEY CREEK COMMUNITY SENIOR LIVING FACILITY CLOSURE PLANNED Samaritan Health officials told residents of Wiley Creek Community Tuesday afternoon, Jan. 12, that the company plans to close the senior living facility and will convert it to a drug and alcohol rehab center.
Lebanon Samaritan Community Hospital CEO Marty Cahill: Save Wiley Creek Community from closure. Stop Evictions of Elderly by Samaritan Health Care, Oregon.
Mariann Biteman needs your help with "Lebanon Samaritan Community Hospital CEO Marty Cahill: Save Wiley Creek Community from closure. Stop Evictions of Elderly by Samaritan Health Care, Oregon.". Join Mariann and 1,578 supporters today. | {
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Full size classical guitar. Perfect for the young beginner.
Basswood top, back and sides. Celluloid bound body and neck. Nato mahogany neck with ebonized hardwood fingerboard. Veneered headstock. Inset soundhole rosette. Nickel machine heads. Graph Tech Canada, NuBone saddle.
Available in: natural finish, black burst, blue burst, red burst, purple burst, pink burst. | {
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SAN JOSE, Calif. and Computex TAIPEI, Taiwan, June 3, 2014 – Cavium, Inc., (NASDAQ: CAVM), a leading provider of semiconductor products that enable intelligent processing for enterprise, data center, cloud, wired and wireless networking, today announced that Cavium's ThunderX, family of workload optimized processors will support next generation of Xen virtualization. In addition, Cavium has joined the Xen Project as an Advisory Board member. The Xen Project technology is a Collaborative Project hosted by The Linux Foundation.
The ThunderX family of processors from Cavium delivers integrated virtualization support for both compute and I/O centric workloads. The Xen optimization for the ARMv8 architecture has proven to be the high performance hypervisor technology that can deliver the full set of virtualization features with optimal performance required by scalable cloud deployments and applications. The support for what we believe will be the largest multi-core ARMv8 implementation and multi-socket cache coherency in Thunder takes the Xen virtualization capability to a whole new level of performance and features.
As a Xen Project Advisory Board member, Cavium will contribute to and help guide the Project that has been a key technology for supporting virtualization on ARM-based servers with significant optimizations specific to the underlying ARM architecture.
"Citrix is the cloud company that enables mobile work styles. Citrix and Cavium have been collaborating within the open-source Xen Project community to bring efficient and high quality Xen virtualization to ARM processors, in particular building hypervisor support for next-generation interrupt controllers based on the GICv3 architecture" said James Bulpin, Senior Director of Technology, XenServer, Citrix. "We are very happy to see Cavium joining the Xen Project Advisory Board, a move that further strengthens the Xen Project community and demonstrates Cavium's engineering commitment to it. We congratulate Cavium on the launch of their ThunderX Processor Family and eagerly anticipate system-level virtualization solutions at the hyperscale level of deployment based on this multi-core SoC."
"Xen Project virtualization is deployed in some of the largest hyperscale data centers in the industry. Our new ARM support for power optimized servers is tailor-made for scale out virtualized workloads. As a leader in ARM server architecture and design, security and networking processors, Cavium is uniquely positioned to leverage the strengths of our open software and play a key role in the future of cloud computing," said Lars Kurth, chairman of the Xen Project Advisory Board.
Xen Project open source virtualization software is licensed under the GPLv2 with a similar governance structure to the Linux kernel. Designed from the start for cloud computing, the project is being used by more than 10 million users and is backed by years of development and deployment in the most demanding environments.
The ThunderX product family provides best in class 64-bit ARMv8 data center and cloud processors, which we believe will offer an unprecedented level of integration and industry leading ARMv8 SoC performance. With high performance custom cores, single and dual socket configurations, very high memory bandwidth, large memory capacity, integrated hardware accelerators, fully virtualized core and IO, scalable Ethernet fabric and feature rich I/O's that enable best in class performance per dollar and performance per watt. The ThunderX family includes multiple workload-optimized SKUs that enable servers and appliances that are optimized for compute, storage, network and secure compute workloads in the cloud. The ThunderX processor family is fully compliant with ARMv8 architecture specifications as well as ARM's SBSA. | {
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Tina Craig is a pioneer in the digital space, having launched one of the first fashion blogs, BagSnob, in 2005. With a rich media background and television host experience behind her, Tina amassed a global audience of luxury oriented readers. As her site grew, her content evolved to include lifestyle, travel, beauty, and trend forecasting. She has worked as a brand ambassador, consultant, designer, and stylist, collaborating with the most venerable brands including Prada, Cartier, Valentino, Dior, Estée Lauder, La Prairie, Victoria Beckham, Neiman Marcus, Saks, Bergdorf Goodman, Net-a-porter.com and many others. With the newly re-launched site, BagSnob.com, expect insider access to the ultimate curation of style. She lives in Dallas with her husband and son.
If you'd like to reach out to the Bag Snob team, please use the contact form or email below! | {
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Tackle this mountainous adventure in Kenya.
Most of us wish we had a couple of months to drop everything and go exploring. Two months filled with adventure, emptied of all our worries, but in reality very few of us do, and for that reason it is great when we can fly off and have a great adventure all in the space of a week or less.
This is the greatest advantage of this trek, it is in many ways a short dash up and over Mount Nyiru, and in a very short space of time you will be able to see rainforest, the mountain plateau as well as visit the setlements of the local Samburu tribe.
Starting with a climb up the steep eastern spurs of the mountain, the vegetation gets denser as you climn intil it eventually turns into a fully-fledged rainforest, accompanied by all the joys that they bring. The flora and fauna is incredible, monkeys rush between trees and it provides a welcome repsite from the heat.
The belt of rainforest soon gives way to pasture land as you break out of the trees and onto the mountain plateau. A plateau that is vital to the way of life of the samburu tribesmen. The final ascent to the main peak is amply rewarded by views fown to the scrubland below and even the enormous Lake Turkana to the north.
Wandering Nomads can help with all aspects of you trek. | {
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All the buzz this week in the Toronto food scene surrounds the newest, and another first for Canada, opening of Celebrity Chef Akira Back's namesake restaurant at the new Bisha Hotel in the downtown entertainment district. Not just another world-famous chef with a roster of restaurants under his watchful eye, but one that recently was awarded a Michelin Star to his name.
Born in Korea and raised in Aspen, Colorado, Chef Akira Back brings a sense of adventure and creativity to his dishes. No surprise as he was on the pro-snowboarding circuit for seven years before studying at the International Culinary School at The Art Institute in Colorado. He then began working at Kenichi in Aspen and moved up the ranks to Kenichi in Austin, Texas and then in Kona, Hawaii. He also studied under top celebrity chefs including Masaharu Morimoto. It was during this time that he learned the value of using rare and exotic ingredients. Then in 2003, he returned to Aspen as Executive Chef of Nobu.
Fast forward to today and he now has several establishments of his own including Executive Chef and Partner of Kumi Japanese Restaurant + Bar and Yellowtail Japanese Restaurant & Lounge in Las Vegas, namesake restaurants in New Delhi and Jakarta with additional locations opening in Singapore, Dubai, Bangkok. He most recently was awarded the Michelin Star for his restaurant DOSA in Seoul Korea.
He's also a familiar face on the television circuit. He's appeared on Food Network's Iron Chef America and Best Thing I Ever Ate, NBC's The Today Show, The Cooking Channel's United Tastes of America, as well as KBS' Success Mentor that airs in Korea.
And that sense of creativity and adventure? It's not just press release "talk." Have a chat with Chef Back and you'll understand his approach to life and work. That sense of "work hard, play hard" is apparent. While he is meticulous in ensuring everything is the way he wants it to be, he still tells us he loves to have fun…and yes, he still snowboards.
Akira Back Toronto officially opens December 7, 2017 at Bisha Hotel.
Jeju Domi with Orange Tobiko, Red Sorrel, Chojang. This is his interpretation of a dish he grew up eating in Korea.
I am crushing hard on Shanghai Tang's Fall and Winter collection. I've always loved this brand for it's impeccable modern classics. They are timeless…. | {
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Excel Only Use Substitute Formula If Certain Conditions Are Met Hyper Inflationary Dollars – Chasing A Shrinking Gold Supply
You are searching about Excel Only Use Substitute Formula If Certain Conditions Are Met, today we will share with you article about Excel Only Use Substitute Formula If Certain Conditions Are Met was compiled and edited by our team from many sources on the internet. Hope this article on the topic Excel Only Use Substitute Formula If Certain Conditions Are Met is useful to you.
Hyper Inflationary Dollars – Chasing A Shrinking Gold Supply
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To get this disturbing concept in your mind, think of Shark Mania. In the beginning, there is a shark munching on a freshly killed tuna. Smelling blood, a bunch of other sharks quickly join the feast. In no time, fifty, perhaps a hundred crazed sharks appear, each struggling to get their snouts in there to grab a morsel of the rapidly dwindling food.
Okay, that might be a bit dramatic. Then again, as far as gold goes, maybe not. See, while Washington is busy cooking up enough dollars to pay back those eyeball-popping bailout checks politicians are writing 24/7, less and less gold is being pulled from the ground.
Do you get the picture here? A lot of dollars…Too little gold?
Spreading monopoly money
It's sad, of course, to see this happening.
Our once glorious dollar, part of the foundation of our great nation, the powerful monetary standard of the world, is now printed like multi-colored Monopoly money.
How much monopoly money are we talking about? According to analyst Barry Ritholtz, who went into painstaking detail to construct an Excel spreadsheet of government bailouts, we're on the hook for $8.5 trillion. This "does not include the $5.2 trillion in Fannie/Freddie portfolios for which the American taxpayer is apparently also responsible."
And even his estimate might be on the low side. Ritholtz estimated President Obama's stimulus package at $168 billion, while more than $850 billion is being kicked in today.
We're now tossing around trillions like we used to toss billions around, almost as if the word, trillion, doesn't mean what it means. Olivier Garrett of the Casey Report compiled a list of the costs of all US wars and government initiatives, including Iraq, the Gulf War, Vietnam, World Wars I and II. The Marshall Plan and everything NASA did, including visiting the moon.
He came up with $8.1 trillion.
Ritholtz's relatively modest bailout figure is about half a trillion more than that. The ultimate question here is how the world can possibly digest 8.5 trillion brand new dollars?
The obvious answer is, it cannot.
The flood of dollars will not overcome the gains
Have you heard the word before? A perk test is the time it takes for standing water to soak into the soil in the building. Timely absorption will mean more benefits.
This year, the world economy will face its own nightmare version of the perk test: A flood of dollars is pouring into every nation in the world, and there is little chance that it will all be absorbed before catastrophic and lasting consequences follow.
These trillions mean that the dollar, which is much lower than before, will chase the world's goods. And that is the formula for hyperinflation, a classic example of which, during the German hyperinflation of 1923, a currency wheel is stolen after a thief throws increasingly worthless money on the ground.
Here's another one, (from marketskeptics.com): "My father was a lawyer," says Walter Levy, an internationally known German-born oil consultant in New York, "and he took out an insurance policy in 1903, and every month he. faithfully paid It was a 20-year policy, and when the time came, he cashed it in and bought a loaf of bread."
Wikipedia's definition of hyperinflation is "inflation 'out of control', a condition in which prices rise rapidly while the currency loses value." So, going a step further, what happens when production of the goods that these increasingly worthless dollars are chasing starts to dry up?
Less gold since the turn of the century
This is why gold is so valuable: there is not much of it there or on earth.
And nowadays less and less of it is being produced. While companies are mining gold all the time, global production has lagged significantly over the past decade.
According to GFMS Consultancy, a London research group, annual gold mine production peaked at 2,573 metric tons in 2000, falling to 2,469 tons in 2006 and 2,444 tons in 2007.
And 2008? Best year-end estimates show gold production falling to 2,400 tonnes. This means that since the year 2000, gold production has declined by 6.72 percent. Part of the problem is South Africa's declining gold mining output in the former Saudi Arabia. With China expected to replace South Africa as the new gold leader, there is little expectation that gold supplies will zoom to new highs.
So there you have it. More dollars than we've seen before…less gold since the turn of the century.
"If the Fed creates enough inflation, gold will probably hit $5,000," noted analyst Peter Schiff said in a Fox News interview, summarizing the outcome of this hyperinflationary dollar/scarce gold chase in a surprising way.
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Excel Is Not Showing My Column Count In A Formula Micro Niche Finder Review – Keyword Software Tool to Uncover Untapped Niche Markets
Excel Store Formula Derived Value For Use In Another Formula The A.C.E.S. Model Of Exceptional Customer Service | {
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Tough Guys (1974) -- The Black Moses, The Hammer, and The Preacher Man. Theyve got their own kind of mean game. Ten-speed-pedaling tough-guy priest (Ventura) and taciturn ex-cop (Hayes) team up to solve a million-dollar bank heist and capture Chicago mobster Joe Snake (Williamson) in Windy City-lensed but Italian-produced action flick.
Tough Guys DVD is offered as a compact edition. This transfer is manufactured on demand and is presented on premium DVD-R with thermal disc print in a clear plastic wallet. Important: This title has been manufactured from the best-quality video master (rated 8/10) currently available and has not been remastered or restored. | {
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Here we have an absolutely flawless example of Jaguars high performance family saloon rivalling the Mercedes C63's and the BMW M5's.Presented in fresh Polaris White with Warm a contrasting R Charcoal heated and cooled leather interior. Full Jaguar service history with Jaguar Assistance, extended Jaguar Approved Warranty and Jaguar MOT cover until the 29th September 2016. 20'' Nevis alloy wheels, Cruise control, USB and iPod connectivity, Interior upgrade Pack with Audio Broadcasting, Keyless entry, LED daytime running lamps, Parking aid with rear camera, 'R' leather steering wheel, Rain sensing wipers, Adaptive Dynamics, Anti-lock braking system (ABS), Auto-dim interior mirror, Automatic climate control, Bi-xenon headlights, Black mesh grille, Bluetooth audio streaming, Cornering Brake Control (CBC), Cruise control with automatic speed limiter, Driver's airbag, Dynamic Stability Control, Electric heated door mirrors, Electric seats, Electric windows, Electronic Parking Brake, Emergency Brake Assist, Foldback electric mirrors, Front Media Interface, Front park aid. | {
"redpajama_set_name": "RedPajamaC4"
} | 6,832 | [
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Hello, Folks!! Are you looking to trace mobile numbers to find the location of the person? Are you in search for the right mobile tracer tool to locate the place of your searched ones? Don't worry guys, and you are in correct place to get the details and tracing steps of the mobile number tracing process. You can find and locate help. You to the trace caller details like network, location, operator, state, and also search history and many more things. It can provide the current and latest location for the mobile numbers. In tracing application, you can also register the complaints against any phone number in reputation and be monitoring the section. The tracking tools are designed to provide the exact location of all the states in India.
The software of the phone tracker gives you the location of the number with the registered name and address. You can also trace the location details using the mobile tracker. Mobile tracking using the more mobile locator tools with the SIM tracking using the IMEI number of the phones. Tracking is done with the help of the mobile operator. So, if you want to find mobile location and details. You need to find the operator of the mobile number and then state and after the city where the number is registered. The operator has all the details of the registered mobile numbers which are not shared by the public and against to the TRAI policy.
IMEI full form is the International Mobile Equipment Identity. This number is the identity of the phone numbers and you can find the IMEI code by calling the certain numbers. It is used to identify the valid devices, all records are noted by the operator along with the IMEI and SIM details. Anyone can buy a sim and install it and activate any sim then IMEI number is shared with the operator. So if you change any sim then the mobile operator can easily identify your IMEI number. It is mainly used in to find the stolen mobiles which we also use the SIM tracking.
It is also done with the help of the IMEI number and shared with the mobile operator. So anybody changes the SIM the operator can easily find using the IMEI number. So the case to avoid the stolen numbers it will create a great platform for you. Many mobile companies now started providing the IMEI number trackers app. That will send to the three to four phone numbers automatically when the new Sim card is inserted into the phone. This application asks you to enter 2 to 3 numbers. Which SMS will automatically send whenever anyone stole and use the mobile phone.
The features of the mobile tracking tools that can use to trace the location and address of the searched person. Check out the below features before going to use the tracking application.
Enter the number, and you can see the input box there and click on Track Mobile number button.
When you find the number in the database, you can track the details of the numbers and display them.
To know the more information about the number, click on the links provided and remember that. | {
"redpajama_set_name": "RedPajamaC4"
} | 7,104 | [
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namespace blink {
namespace cssvalue {
CSSPathValue::CSSPathValue(scoped_refptr<StylePath> style_path,
PathSerializationFormat serialization_format)
: CSSValue(kPathClass),
serialization_format_(serialization_format),
style_path_(std::move(style_path)) {
DCHECK(style_path_);
}
CSSPathValue::CSSPathValue(std::unique_ptr<SVGPathByteStream> path_byte_stream,
WindRule wind_rule,
PathSerializationFormat serialization_format)
: CSSPathValue(StylePath::Create(std::move(path_byte_stream), wind_rule),
serialization_format) {}
namespace {
CSSPathValue* CreatePathValue() {
std::unique_ptr<SVGPathByteStream> path_byte_stream =
std::make_unique<SVGPathByteStream>();
// Need to be registered as LSan ignored, as it will be reachable and
// separately referred to by emptyPathValue() callers.
LEAK_SANITIZER_IGNORE_OBJECT(path_byte_stream.get());
return MakeGarbageCollected<CSSPathValue>(std::move(path_byte_stream));
}
} // namespace
const CSSPathValue& CSSPathValue::EmptyPathValue() {
DEFINE_STATIC_LOCAL(Persistent<CSSPathValue>, empty, (CreatePathValue()));
return *empty;
}
String CSSPathValue::CustomCSSText() const {
StringBuilder result;
result.Append("path(");
if (style_path_->GetWindRule() == RULE_EVENODD)
result.Append("evenodd, ");
result.Append("\"");
result.Append(BuildStringFromByteStream(ByteStream(), serialization_format_));
result.Append("\")");
return result.ReleaseString();
}
bool CSSPathValue::Equals(const CSSPathValue& other) const {
return ByteStream() == other.ByteStream();
}
void CSSPathValue::TraceAfterDispatch(blink::Visitor* visitor) const {
CSSValue::TraceAfterDispatch(visitor);
}
} // namespace cssvalue
} // namespace blink
| {
"redpajama_set_name": "RedPajamaGithub"
} | 9,927 | [
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What we've got here is... failure to communicate. Some men you just can't reach. So you get what we had here last week, which is the way he wants it. Well, he gets it. I don't like it anymore than you men. Note: bolded portion ranked #11 in the American Film Institute's list of the top 100 movie quotations in American cinema.
Arletta: I always hoped to see you well fixed. Have me a crop of grandkids to fuss around with.
Luke: I'd like to oblige you, Arletta, but uh, right off, I just don't know where to put my hands on it.
Luke: You've done your best, Arletta. What I've done - myself is the only problem.
Arletta: No, no it ain't Luke. You ain't alone. Everywhere you go, I'm with you. John too.
Luke: You never thought maybe that's a heavy load?
Arletta: Aw, why, we, we always thought you was strong enough to carry it. Was we wrong?
Luke: I don't know. There are things just never the way they seem, Arletta. You know that. A man's gotta go his own way.
Arletta: I guess I just gotta, gotta love you and let go, hmm?
Arletta: Well, I ain't askin' what ya gonna do when you get out because I'll be dead and it don't matter.
Luke: You never did want to live forever. I mean, it wasn't such a hell of a life.
Arletta: Oh, I had me, I had me some high old times. Your old man, Luke. He wasn't much good for stickin' around, but dammit, he made me laugh.
Luke: Yeah, I would have liked to have knowed him, the way you talk about him.
Arletta: [after coughing] He'd have broke you up. Luke?...What went wrong?
Luke: Nothin', everything's cool as can be. Arletta, I tried. I mean, to live always free and above board like you. And, I don't know. I just can't seem to find no elbow room.
Arletta: Oh now, you always had good jobs. And that girl in Kentucky. Oh, I'd taken a shine to her.
Luke: And she sure took off - with that convertible fella.
Arletta: Well, why not? Idea of marryin' got you all, all bollocksed-up. Tryin' to be respectable. You, you was borin' the hell out of all of us. I'm leavin' the place to John.
Luke: That's good. He earned it.
Arletta: Ain't nothin' to do with it. I just, I just never give John the, the kind of, you know, feelin' that I give you, so I'm, I'm gonna pay him back now. Oh, don't feel you have to say anythin'. The way it is, you see, sometimes you just, just have a feelin' for a child...with John, I just didn't.
Captain: (calling out names) Lucas Jackson?
Captain: Maliciously destroying municipal property while under the influence. What was that?
Luke: Cuttin' the heads off parking meters, captain.
Captain: Oh. We ain't never had one of them before.
Captain: You gonna get used to wearin' them chains afer a while, Luke. Don't you never stop listenin' to them clinking. 'Cause they gonna remind you of what I been saying. For your own good.
Luke: Wish you'd stop bein' so good to me, cap'n.
Captain: [lashing out with his stick] Don't you ever talk that way to me.
Convict: Just stay down, Luke. He's just gonna knock ya down again, buddy...It's not your fault. He's just too big...Let him hit you in the nose and get some blood flowing. Maybe the bosses will stop it before he kills you.
Luke: I don't want to frighten him.
Convict: You don't have a name here until Dragline gives you one.
Dragline: [About Luke] Maybe we ought to call it No Ears. [To Luke] You don't listen much, do ya, boy?
Dragline: Did you see how she was just about POP-in' out of the top of that dress...And down below, man, that thing didn't reach no higher than...She liable to catch cold runnin' around like that. It was stretched so tight across her bottom, I do believe I saw one of them seams bust loose. And the openin' got wider and wider and wider.
Dragline: You tryin' to say somethin'? You got a flappin' mouth. One of these days, I'm gonna have to flap me up some dust with it.
Dragline: Luke? You all right? They got us, boy. They're out there, thicker than flies. Bosses, dogs, sheriffs, more guns than I've ever seen in my life. You ain't got a chance. They caught up with me right after we split up. And they was aimin' to kill ya. But I fixed it. I got 'em to promise if you give up peaceful, they won't whip ya this time...Luke, you gotta listen to me. All ya got to do is give up nice and quiet. Just play cool.
Luke: What we've got here is a failure to communicate.
Dragline: Tearin' the heads off of, what was it, gumball machines? What kind of thing is that for a grown man?
Luke: Well, you know how it is. Small town. Not much to do in evenin[Insert a stage direction]. Mostly was just settlin' an old score.
Dragline: They took him right down that road.
Convicts: What'd he look like, Drag?...Yeah, what'd he look like?..He had his eyes opened or closed, Drag?
Dragline: He was smiling...That's right. You know, that, that Luke smile of his. He had it on his face right to the very end. Hell, if they didn't know it 'fore, they could tell right then that they weren't a-gonna beat him. That old Luke smile. Old Luke, he was some boy. Cool Hand Luke. Hell, he's a natural-born world-shaker.
Dragline: Where'd the road go?
Luke: That's it. That's the end of it.
Convict: Man, there's still daylight.
Dragline: About two hours left.
Convict: What do we do now?
Dragline: Oh Luke, you wild, beautiful thing. You crazy handful of nothin'.
Dragline: You're an original, that's what you are. Them mullet-heads didn't even know you was foolin'.
Dragline: Aw. All that time, you was plannin' on runnin' again.
Luke: I never planned anything in my life. | {
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The top financial regulator on April 11 expressed frustration about the self-rescue plan submitted by the cash-strapped Kumho Asiana Group, calling for its founding family to show sincerity in its appeal to save its flagship Asiana Airlines.
Financial Services Commission Chairman Choi Jong-ku made the remarks a day after Kumho Asiana asked its main creditor bank, the state-run Korea Development Bank, to give an additional 500 billion won ($440 million) in financial assistance.
Kumho Asiana also pledged to sell off Asiana Airlines if it fails to meet creditors' demands in three years.
Asiana Airlines, the country's No. 2 airline, has been under pressure to strengthen its financial health amid corporate challenges facing the logistics-centered business conglomerate.
Last month, Kumho Asiana Chairman Park Sam-koo stepped down as CEO of Asiana Airlines after the company widened its losses by amending its financial reports. The eldest son of Park, Se-chang, is widely expected to take over the reins of Asiana Airlines.
Last year, KDB and Asiana signed a deal that required the carrier to secure liquidity through sales of noncore assets and the issuance of convertible and perpetual bonds. | {
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Peace Trust has as its objectives the protection of the environment, the complete eradication of child labour, the empowerment of women, especially the poverty-stricken rural women, just solutions to problems connected with migrant labour, universal awareness on health and hygiene, integrated watershed management, international lobbying for labour rights, national lobbying for child rights and equitable distribution of the fruits of development among all sections of the society without distinction of locality, caste, creed, class, economic status or social stratum.
During the process of planning and implementation, at every stage of every activity, Peace Trust engages in constant interaction with the local population, especially the beneficiaries, the trade unions, other like-minded NGOs, political leaders, people's representatives and the administrative machinery. In depth study of the requirements of the project areas and the socio-economic circumstances of the place and time precedes every project implementation. Regular supervision and intervention, wherever necessary, are the insurance methods against lapses in implementation. Submitting detail reports to the benefactors is also ensured.
The Trust leaves no stone unturned in achieving its goal of eradicating child labour, especially from hazardous industries. Employers are advised to raise the labour standards, to eliminate child labour and to do justice to migrant labourers. Women are organised into SHGs and given vocational training and entrepreneurial assistance to become financially self reliant and socially equal to their male counterparts. Eco-friendly farming methods and resource management programmes like watershed management are implemented after wide publicity among the general public to ensure the support of all the sections of the society.
Government radio stations and the community radio of the Trust, all TV channels, all news papers and other periodicals and the Trust's own books and publications are used for awareness campaigns on health, hygiene, AIDS, labour rights, human rights, women empowerment, etc.. Leaflets and loudspeaker announcements are used when the project is limited to a specific locality. | {
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ci:
echo "name: h" >> test.yml; \
mocha; \
istanbul cover _mocha test/**/*.js --reporter=lcovonly -- -R spec && cat coverage/lcov.info | node_modules/.bin/coveralls
echo Done!;
| {
"redpajama_set_name": "RedPajamaGithub"
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Not all banking happens during regular business hours. Online banking gives you the opportunity to do your banking whenever you want. It's easy, secure, and available whenever you are. With Premier Online Banking you can pay bills, transfer funds, and view your statement and transaction history.
It doesn't matter where you are because you can bank on the go from any location. We understand that sometimes you can't make it into our East Longmeadow or Springfield branches, and with the convenience of online banking, you won't miss a beat when it comes to your banking.
Sign up for free online banking today! | {
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Governors from the US state of California, the Brazilian state of Acre, and the Mexican state of Chiapas have taken concrete steps to reduce greenhouse gas emissions from deforestation and forest degradation by creating a working group designed to help Acre and Chiapas generate REDD credits that can be recognized under California law.
16 November 2010 | Governors from the US state of California, the Brazilian state of Acre, and the Mexican state of Chiapas have taken concrete steps to reduce greenhouse gas emissions from deforestation and forest degradation (REDD) by creating a working group designed to help Acre and Chiapas generate REDD credits that can be recognized by California's Air Resources Board (ARB) and sold as offsets to industrial emitters in California once the state's mandatory cap on greenhouse gas emissions goes into effect at the end of next year.
The announcement comes less than two weeks before UN-led climate talks begin in Cancun, Mexico, and it signals a growing willingness among sub-national entities such as states and cities to move on climate change even as national governments and international negotiating bodies stall.
It's part of a deal signed on Tuesday at the third annual Governors' Global Climate Summit (GGCS 3) at the University of California, Davis, which ushered in a new acronym: the "R-20", which is a global coalition of subnational governments as well as private-sector companies and nongovernment organizations (NGOs).
"The R-20 is a global coalition committed to fast tracking the development of clean technologies, climate resilient projects and green investment, and influencing national and international policies," according to a Governors' Climate and Forests Task Force (GCF), an initiative formally launched at UN climate-change talks in Poznan, Poland, in December, 2008. The GCF is comprised of 16 states from around the world – three from the United States, four from Indonesia, five from Brazil, and one each from Mexico and Nigeria.
"The working group is comprised of experts from all countries, and the ideal situation would be that they come up with a linking agreement by the end of next year that can be submitted to the ARB," says Anthony Brunello, a consultant with California Strategies who previously served as the California Natural Resources Agency's deputy secretary for energy and climate change.
Acre was chosen in part because it passed a sweeping framework for developing payments for ecosystem services in October, and Chiapas is on the brink of finalizing a REDD readiness plan.
"The recent legislation reflects the fact that both of these states are leaders in their respective countries," says Brunello. "In both Chiapas and Acre, you find widespread support for REDD from both stakeholders and govt officials.
For the scheme to meaningfully impact the rainforests, other potential buying states will also have to join in. Under California's laws as currently written, international REDD credits can be used to offset a grand total of just 74 million tons of carbon emissions from 2012 to 2020 — and that's the best-case scenario. | {
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Q: Convolution of Histograms inside cell array Hello I need to use convolution between histograms that are in a cell array named H (and each histogram is a cell array itself).
for i=1:16
H_curr = conv(H_curr,H(i));
end PS : H_curr and H(i) are already initialized with a histogram.
For example histogram 1 is [73,167,13].
It doesn't work since "First and second arguments must be numeric or logical."
I tried to convert the histograms to vectors (with cell2mat) but it didn't work..
H_curr = conv(cell2mat(H_curr),cell2mat(H(i)));
Thank you for the help!
A: Found the answer :
cell2mat() worked but the H_curr was already a double vector since it is the output of hist() so the error was because I tried to do cell2mat() to something that wasn't a cell.
| {
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McCannBlue and Zurich team up again – this time to give you a glimpse of the future your pension could bring you.
Our Zurich Pensions ad, the one with the tandem bike and the guy in blue Lycra, had been on TV for three years.
Should we run it again – or try something different? Could we equal the cut-through of the old campaign? Could we lose the Lycra? And if we did, what would we replace it with?
In order to find the answer, we worked in (ahem) tandem with our client to find out a little more about our target markets. We asked how they felt about the future, about pensions and about pensions advertising.
It was in this territory – the one that lies between people's feelings about the future and their feelings about their pension – that we chose to pitch Zurich's tent.
Our insight was a simple one: that the future is exciting and that it's what you do today that will make you ready for it. "This freed us from the stranglehold of the usual suspects, the stereotypes that are always showing up in pensions ads," says Bren Byrne, Chief Creative Strategist. "The silver surfer, the granny doing yoga... It was definitely time for something different."
First we developed video content. This features 'Future Thinkers' – a variety of self-employed Irish people, each one a leader in their field, each one thinking ahead and taking action in the here and now for future benefits. They're all real people doing and making real things with an eye on tomorrow. Our call to action: "Be future-ready with a pension powered by Zurich".
In traditional media, we employed a playful tone that is rarely seen in pensions ad. On radio, comedian Deirdre O'Kane played the role of a self-loading fridge and a self-driving car with support from Risteárd Cooper.
Meanwhile, on posters, print and also animated in plenty of places online such as social and in banner ads, illustrator Sam Chivers brought the famous Zurich tandem into the middle of the 21st century. And in a nod to tradition, the back seat rider is still Lycra-clad. Well, if you've got it, flaunt it, as we always say at McCannBlue. | {
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Home Latest News Business Infor reaches critical point for legacy and cloud
Infor reaches critical point for legacy and cloud
It was due to come. Infor has reported a fall in revenue year over year in its latest quarterly results. In Q2 2020, revenues fell by 3.4% to $772.6 million year over year. Infor is an ERP vendor with many legacy on-premise installation for which it still relies on a large proportion of its revenues. The problem, similar to that of SAP and Oracle, is that companies are no longer buying these and are often stopping maintenance and upgrades of them.
The good news for Infor is that Cloud subscription revenues continue to climb. SaaS revenues were up 11.8% to $179.4 million, compared to $160.5 million in Q2 2019. SaaS revenues now make up more than 75% of its software subscriptions and license revenues.
The drop in total revenues is due not just to the drop in license fees. Product update and support fees (normally associated with legacy products) also fell by 12.8% to $336 million. Consulting services and other fees fell by 15% to $187.7 million. It is likely, with demand from customers for faster installations, that this revenue stream may continue to fall. However, as more customers come on board subscription revenues should continue to climb.
The fall in revenues also contributed to Infor reporting a large drop in profits with an adjusted EBITDA of $176 million, a decrease of 9.9% on Q 2019. However, this reduction was also due to some strategic decisions that Kevin Samuelson and the board has taken in the quarter. The cash balance remains at a healthy $247.3 million.
Refocus rather than strategy change.
Kevin Samuelson, CEO Infor
Since taking the CEO role and bringing a new team together, Kevin Samuelson announced on the analyst call that they have been taking a deep look at the product portfolio and the overall strategy. He said: "We are not making any major changes to our key strategy."
The focus will remain on: "ERP for manufacturing, healthcare, public sector and hospitality". Infor will also progress its edge products such as Asset Management and analytics which complement that key focus. However, the review has identified some product areas that the company will "de-focus" on.
Samuelson stated: "As we undertook this review there are some areas in the business that are not as well positioned for long term success. As such we have decided to defocus on a few areas as part of our future strategy. One example of this was a push into point of sale software for retail. While this market is under served and there is market opportunity, it requires a set of capabilities that are very different from our strengths and operational software. Additional the amount of R&D work to make this into a best in class software and a scalable business was beyond what we think make economic sense."
An end for Infor Retail?
Infor POS was once Vivonet and was an acquisition that strengthened Infor's Hospitality and Retail offering. Will Infor spin the entity back out? Will it continue to partner with the company as it continues its strategic drive into Hospitality?
Infor POS was once Starmount Engage, part of the acquisition of Starmount. A company that Infor acquired in 2016.
The acquisition of Vivonet and its products was and is still focused on the hospitality market and is still very much part of the core market proposition as laid out by Samuelson.
What about Retail? The original champions of that team, Duncan Angove and Corey Tollefson, are no longer with the company. They have now co-founded an interesting new investment platform called Arcspring. Another leader in Retail, Jason Berry who was VP EMEA at Infor Retail, has also left the company.
Infor may continue to invest in Retail and certainly its demand management solutions are best in class. It seems likely it will focus on analytics-based solutions as well as Workforce Management, Infor Nexus and CloudSuite WMA to help retailers rather than the full Retail ERP solution including that POS solution which aimed to compete with Oracle, SAP and JDA.
What else will Infor drop?
Samuelson did not specifically mention any other areas. However, Infor has a large number of products, some of which are more relevant to the core strategy than others. One of the peripheral products is PSA. There has been little focus on it in recent years and it will be interesting to see whether it is dropped. Others that probably won't be dropped include HCM and CRM.
The impact of this was a $55 million one-off charge to the business and a small impact on the long term to SaaS revenues (2%). It will mean the loss of $10-15 million of annualised revenues. However Samuelson indicated that there are savings, around $75 million. These will come through in the third and fourth quarter of the year.
This refocus on core strategy is another quick decision by Samuelson. He has rebuilt the team and now refocused the company. The healthy cash balance means that he will now turn his eyes to acquisitions to help grow the business in 2020. Samuelson noted: "We are absolutely looking for M&A". He said that he has the backing of the investors who are taking a longer term view of the company.
Where will Samuelson look to strengthen the portfolio? Recent acquisitions have focused in the hospitality area but will Infor look to add new technologies such as RPA? It recently signed a partnership agreement with Signavio, could they become a target? Alternatively it may look to complete aqui-hires, especially to extend its AI expertise for its Coleman platform. Interestingly there was no mention of an IPO during this call. That subject will no doubt be raised again in the future though.
Enterprise Times: What does this mean
Samuelson is already putting his stamp on the company. He appears to be taking Infor forward in a dynamic manner. While the emphasis on the analyst call was around the strategic focus, and rightly so, it also raises a few questions about the detail.
The fall in revenues may last more than a single quarter. However, with growing SaaS revenues this will balance out in time. While the growth rate is only 12%, its core markets such as manufacturing are growing much faster, according to Samuelson. It is likely that some of the dropped areas will see stronger percentage growth next quarter.
Samuelson was keen to point out that Infor are working with customers through the transition. It will be interesting to hear which other areas they will defocus on. One of the challenges is that much of the Infor technology stack is interlinked. The risk is that by cutting out these application, it might be the element that helps to win larger deals. Only time will tell.
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Steve Brooks has worked in IT for nearly 30 years, working through different roles to CIO in a number of vertical markets including Finance, Manufacturing and Real Estate. A qualified Project Manager. He spent 17 years at Savills plc, a FTSE 250 real estate company, rising to CIO before leaving in 2012. Steve is Director of Consultancy at Synonym Ltd and while studying at Henley Business School for his MBA was deputy editor at www.business-cloud.com, a Dods Group publication. He joined CIC as an associate consultant in 2013. He is a member of BCS and an associate member of the Institute of Directors.
Steve Brooks December 17, 2019 at 3:25 pm
This article was corrected after feedback from Infor as it was original reported that the Vivonet was the Infor POS that Samuelson referred to. That was incorrect and the retail POS was part of the Starmount acquisition. Vivonet and its hospitality POS is still very much part of the Infor portfolio.
The power of 3 : ERP
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Home Firm Attorneys Testimonials In the Media Location Practice Areas Family Law Criminal Defense Personal Injury Wills And Trusts Answers Divorce Generally Divorce Procedures Spousal Maintenance (Alimony) Blog Contact Resources
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