View Information Collection Request (ICR) Package

OMB Control No: 1205-0039	ICR Reference No: 202111-1205-001
Status: Historical Inactive	Previous ICR Reference No: 202001-1205-001
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: Comment filed on proposed rule and continue	Conclusion Date: 06/15/2023
	Date Received in OIRA: 04/20/2022
Terms of Clearance: The rule is in the NPRM stage and another ICR submission should be done at final rule stage.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2023	36 Months From Approved	02/29/2024
Responses	6,572	0	6,572
Time Burden (Hours)	8,813	0	8,813
Cost Burden (Dollars)	0	0	0

Abstract: This ICR relates to the Wagner-Peyser Act Staffing Flexibility final rule (final rule), published January 6, 2020. This final rule gives States increased flexibility in their administration of Employment Service (ES) activities funded under the Wagner-Peyser Act. The final rule modernizes the regulations to align them with the flexibility allowed under the Workforce Innovation and Opportunity Act (WIOA). The final rule eliminates language relating to the “compensation approved by the civil service classification system” at 20 CFR 653.108 (c) and the affirmative action language at 20 CFR 653.111. Accordingly, ETA is proposing to delete the same affirmative action language from the ETA Form 5148. These changes are not expected to affect the burden to the states. 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. The regulations at 658.411(a)(3) require that staff must ensure the complainant (or his/her representative) submits the complaint on the Complaint/Apparent Violation Form or another complaint form prescribed or approved by the Department or submits complaint information which satisfies paragraph (a)(4) of this section. The Complaint/Apparent Violation Form must be used for all complaints, including complaints about unlawful discrimination, except as provided in paragraph (a)(4) of this section. Pursuant to 20 CFR 658.410(i), “State agencies must ensure any action taken by the Complaint System representative, including referral on a complaint from an MSFW is fully documented containing all relevant information, including a notation of the type of each complaint pursuant to Department guidance, a copy of the original complaint form, a copy of any ES-related reports, any relevant correspondence, a list of actions taken, a record of pertinent telephone calls and all correspondence relating thereto.” Therefore, SWAs use the ETA Form 8429 to record and process complaints. Additionally, ETA Form 8429 is helpful because it identifies whether a complainant is an MSFW which implicates additional actions that must be taken by the SWA (i.e. 20 CFR 658.410(m) requires that the State Monitor Advocate follow-up monthly on unresolved complaints submitted by MSFWs). SWAs may also use ETA Form 8429 to meet the 20 CFR 658.419 documentation requirements for apparent violations.

Authorizing Statute(s): PL: Pub.L. 113 - 128 302 Name of Law: Workforce Innovation and Opportunity Act (WIOA) of 2014
US Code: 29 USC 49i Name of Law: Wagner Peyser Act as Amended

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AC02	Proposed rulemaking	87 FR 23700	04/20/2022

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

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. The burden estimates were updated to account for the number of SWAs that should have SMAs, rather than the number of SWAs that currently have SMAs. The prior burden estimates included only the number of SWAs that have traditionally had SMAs, rather than the number of SWAs required to comply with Monitor Advocate System regulations at 20 CFR 653, including appointment of an SMA. Historically, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands have not had SMAs and were left out of burden estimates. However, Section 2 of the Wagner-Peyser Act defines “state” as “any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. Therefore, there should be 54 SMAs.

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: Emily St. Onge 202 693-2605 st.onge.emily@dol.gov

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