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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1205-0039
ICR Reference No:
202402-1205-002
Status:
Active
Previous ICR Reference No:
202305-1205-005
Agency/Subagency:
DOL/ETA
Agency Tracking No:
Title:
Migrant and Seasonal Farmworker Monitoring Report and Complaint/Apparent Violation Form
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
03/20/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
02/13/2024
Terms of Clearance:
OMB is approving this information collection request for a period of three years during which time the agency will request approval to extend or revise the collection if the agency seeks to continue the information collection activity beyond the period approved under this action.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2027
36 Months From Approved
02/28/2027
Responses
11,450
0
5,666
Time Burden (Hours)
29,440
0
7,716
Cost Burden (Dollars)
0
0
0
Abstract:
This information collection relates to the Wagner-Peyser Act, published January 6, 2020, which gives States increased flexibility in their administration of Employment Service activities funded under the Wagner-Peyser Act. The regulations align with the flexibility allowed under the Workforce Innovation and Opportunity Act (WIOA). Pursuant to 20 CFR 653.109, SWAs use ETA Form 5148 to submit quarterly data to ETA on the services they provide to MSFWs. ETA uses that data to monitor and measure the extent and effectiveness of SWA service delivery to MSFWs and overall compliance with 20 CFR 651, 653, and 658. Additionally, 20 CFR 658.602(e) requires the ETA National Office to develop tools and techniques for reviewing and assessing SWA performance and compliance with ES regulations; and 20 CFR 658.602(f)(2) requires the National Monitor Advocate to review the performance of SWAs in providing the full range of employment services to MSFWs. The collection of data through ETA Form 5148 allows ETA to comply with these regulations and monitor SWA performance. ETA requires that staff must ensure a complainant (or his/her representative) submits a complaint on the Complaint/Apparent Violation Form or another complaint form prescribed or approved by the Department or submits complaint information. The Complaint/Apparent Violation Form must be used for all complaints, including complaints about unlawful discrimination. ETA Form 8429 is helpful because it identifies whether a complainant is a Migrant and Seasonal Farmworker which implicates additional actions that must be taken.
Authorizing Statute(s):
US Code:
29 USC 49i
Name of Law: Wagner Peyser Act as Amended
Citations for New Statutory Requirements:
PL: Pub.L. 113 - 128 302 Name of Law: Workforce Innovation and Opportunity Act of 2014
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1205-AC02
Final or interim final rulemaking
88 FR 82658
11/24/2023
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
87 FR 23700
04/20/2022
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
4
IC Title
Form No.
Form Name
Complaint Log
Job Service Complaint Reporting and Third Party Disclosure (ETA 8429)
ETA 8429
Compliant-Apparent Violation Form
Outreach Log Maintenance
ETA 8429
Complaint Form
Program Monitoring Reporting and Recordkeeping (ETA 5148)
ETA 5148
Services to Migrant and Seasonal Farmworkers Report
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
11,450
5,666
0
5,784
0
0
Annual Time Burden (Hours)
29,440
7,716
0
21,724
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
The annual burden estimates were updated to incorporate increased burden related to the new ICs. Specifically, the revision adds ICs to maintain a central complaint log and to maintain outreach logs for three years. Though these requirements have existed in ETA regulations for many years, at 20 CFR 658.410(c) and 20 CFR 653.107(b) respectively, no ICR addressed the requirements. This revision incorporates these preexisting requirements to help make it clear to SWAs that they must maintain such records.
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Patrice Gibson 202 693-0158 gibson.patrice.a@dol.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
02/13/2024
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