Agency Information Collection Activities; Submission for OMB Emergency Review: Comment Request, Guam Military Base Realignment Contractors Recruitment Standards, 59163-59165 [2011-24483]

Agencies

• Office of the Secretary
• DEPARTMENT OF LABOR

[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Notices]
[Pages 59163-59165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24483]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Emergency Review: Comment Request, Guam Military Base Realignment 
Contractors Recruitment Standards

ACTION: Notice.

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SUMMARY: The U.S. Department of Labor (DOL) has submitted the 
Employment and Training Administration (ETA) sponsored information 
collection request (ICR) titled, ``Guam Military Base Realignment 
Contractors Recruitment Standards,'' to the Office of Management and 
Budget (OMB) for review and clearance utilizing emergency review 
procedures in accordance with the Paperwork Reduction Act of 1995 (Pub. 
L. 104-13, 44 U.S.C. chapter 35) and 5 CFR 1320.13. OMB approval has 
been requested by October 19, 2011.

DATES: Submit comments on or before October 19, 2011.

ADDRESSES: A copy of this ICR, with applicable supporting 
documentation; including a description of the likely respondents, 
proposed frequency of response, and estimated total burden may be 
obtained from the RegInfo.gov Web site, https://www.reginfo.gov/public/do/PRAMain, on the day following publication of this notice or by 
contacting Michel Smyth by telephone at 202-693-4129 (this is not a 
toll-free number) or sending an e-mail to DOL_PRA_PUBLIC@dol.gov.
    Submit comments about this request to the Office of Information and 
Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor, 
Employment and Training Administration, Office of Management and 
Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-6929/Fax: 
202-395-6881 (these are not toll-free numbers), e-mail: OIRA_submission@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129 (this is not a toll-free number) or by e-mail at DOL_PRA_PUBLIC@dol.gov.

SUPPLEMENTARY INFORMATION:
    Background: Section 2834(a) of the National Defense Authorization 
Act (NDAA) for Fiscal Year 2010 (Pub. L. 111-84, enacted October 28, 
2009) amended Section 2824(c) of the Military Construction 
Authorization Act (Pub. L. 110-417, Division B) by adding a new 
subsection (6). This provision prohibits contractors engaged in 
construction projects related to the realignment of U.S. military 
forces from Okinawa to Guam from hiring non-U.S. workers unless the 
Governor of Guam (Governor), in consultation with the Secretary of 
Labor (Secretary), certifies that: (1) There is an insufficient number 
of U.S. workers that are able, willing, and qualified to perform the 
work; and (2) that the employment of non-U.S. workers will not have an 
adverse effect on either the wages or the working conditions of U.S. 
construction workers in Guam.
    In order to allow the Governor to make this certification, the NDAA 
requires contractors to recruit workers in the United States, including 
in Guam, the Northern Mariana Islands, American Samoa, the U.S. Virgin 
Islands, and Puerto Rico, according to the terms of a recruitment plan 
developed and approved by the Secretary. That recruitment plan has been 
reproduced in full below.
    While the DOL has developed the recruitment plan, it has delegated 
its

[[Page 59164]]

duty to oversee contractor recruitment and consult with the Governor to 
the Guam Department of Labor (GDOL).
    Recruitment Plan: Guam military base realignment contractors must 
take the following actions to recruit U.S. workers:
    1. At least 60 days prior to the start date of workers under a base 
realignment contract, contractors shall:
    a. Submit a job posting with GDOL at https://dol.guam.gov/index.php?option=com_jobline&Itemid=0&task=add or by submitting a 
completed Job Order (Form GES 514) in person at the Guam Employment 
Service office. The job posting must be posted on the GDOL Job Bank for 
at least 21 consecutive days;
    b. Post the job opportunity with the state workforce agency's 
Internet job bank in American Samoa at (https://www.usworks.com/americansamoa/), the Commonwealth of the Northern Mariana Islands at 
https://marianaslabor.net/employer.asp, and in the following states:
    i. Alaska (https://www.jobs.state.ak.us);
    ii. California (https://www.caljobs.ca.gov);
    iii. Hawaii (https://www.hirenethawaii.com);
    iv. Oregon (https://www.emp.state.or.us/jobs); and
    v. Washington (https://fortress.wa.gov/esd/worksource/Employment.aspx).
    The job listing must be posted for at least 21 consecutive days. If 
for any reason the Internet job bank in American Samoa is not 
available, the contractor must place an advertisement on two Sundays in 
a newspaper that is; (1) Of general circulation in that state or 
territory, (2) has a reasonable distribution and is appropriate to the 
occupation, and (3) that workers likely to apply for construction jobs 
will have the opportunity to see the job listing.
    c. Post the job opportunity with an Internet-based job bank that 
is;
    i. National in scope, including the entire United States, Guam, the 
Commonwealth of the Northern Mariana Islands, American Samoa, the 
Virgin Islands, and the Commonwealth of Puerto Rico,
    ii. Allows job postings for all occupations, and is
    iii. Free of charge for job seekers and their intermediaries in 
One-Stop Career Centers and the U.S. employment service delivery system 
nationwide.
    d. Where the occupation or industry is customarily unionized, 
contact the local union in Guam in writing to seek U.S. workers who are 
qualified and who will be available for the job opportunity.
    2. The job postings in (1)(a) through (c) must include, at a 
minimum:
    (a) The contractor's name and appropriate contact information for 
applicants to inquire about the job opportunity or to send applications 
and/or r[eacute]sum[eacute]s directly to the employer;
    (b) The geographic area of employment with enough specificity to 
apprise applicants of any travel requirements and where applicants will 
likely have to reside to perform the services or labor;
    (c) If applicable, a statement that the worker's transportation to 
Guam will be paid for by the employer;
    (d) If applicable, a statement that daily transportation to and 
from the worksite(s) will be provided by the employer;
    (e) A description of the job opportunity with sufficient 
information to apprise U.S. workers of services or labor to be 
performed, including the duties, the minimum education and experience 
requirements, the work hours and days, and the anticipated start and 
end dates of the job opportunity;
    (f) If applicable, a statement that on-the-job training will be 
provided to the worker;
    (g) If applicable, a statement that overtime will be available to 
the worker and the wage offer for working any overtime hours;
    (h) The wage offer, and, if applicable, any other benefits offered; 
and
    (i) A statement that the position is temporary and the total number 
of job openings the employer intends to fill.
    (j) If the employer provides the worker with the option of board, 
lodging, or other facilities, including fringe benefits, or intends to 
assist workers to secure such lodging, a statement disclosing the 
provision and cost of the board, lodging, or other facilities, 
including fringe benefits or assistance to be provided.
    The postings are separate and distinct requirements, i.e., a 
posting under Section 1(b) cannot be used to satisfy the posting 
requirement under Section 1(c).
    3. During the minimum 21-day recruitment period, contractors shall 
interview all qualified and available Guam and U.S. construction 
workers who have applied for the employment opportunity.
    4. After the close of the recruitment period (not fewer than 32 
days before the start date of workers under a contract), for each job 
listing, the contractor shall provide a report including the following 
information via e-mail to GDOL at ndaa.recruitment@dol.guam.gov 
documenting efforts to recruit U.S. workers from the United States and 
all U.S. territories, including:
    a. A description of all the recruitment approaches used to recruit 
realignment workers. The description must include identification of the 
Internet job bank where the posting occurred, the occupation or trade, 
a description of wages and other terms and conditions of employment, 
the date of posting and the job order or requisition number. If 
newspaper advertisements were used, the description must also include 
the dates that these ads appeared in the newspaper;
    b. A copy of each job posting;
    c. A detailed description of how each response to the job postings 
were handled including;
    i. The number of job applications received,
    ii. The name of the applicants,
    iii. The position applied for,
    iv. The final employment determination for each applicant or job 
candidate, and
    v. For each U.S. job applicant not hired, a description of the 
specific reason for rejecting the applicant for employment, which 
includes a comparison of the job applicant's skills and experience 
against the terms listed in the original job posting.
    DOL Recruitment Support Activities: ETA will facilitate a 
nationwide outreach and recruitment effort to maximize hiring of U.S. 
construction workers, including outreach to the workforce investment 
system. ETA will do the following:
     Develop and issue a Training and Employment Notice to 
inform state workforce agencies, state and local workforce investment 
boards, and One-Stop Career Centers of the anticipated construction 
employment opportunities on Guam and how those opportunities will be 
posted;
     Develop telephone scripts for a Toll-Free Help Line 
directing job seekers to the GDOL job bank;
     Hold a Webinar that will invite participation by the 
leadership of the GDOL, the Guam Alien Labor Certification Processing 
Center, the Department of Homeland Security and the Department of 
Defense (including the Naval Facilities Engineering Command, the Joint 
Guam Program Office, and the Office of Economic Adjustment) to describe 
the protocol and procedures for Department of Defense contractors to 
submit job opportunities and for job seekers to apply for base build-up 
employment;
     Ensure that DOL offices, including the Office of 
Unemployment Insurance, the Office of Apprenticeship, Job Corps,

[[Page 59165]]

Veterans' Employment and Training Services, and the YouthBuild program, 
are informed of the construction employment opportunities; and
     Brief pertinent inter-governmental and labor organizations 
(including the building trades unions) so that they can assist in 
spreading information about the U.S. worker outreach effort.
    Effect of OMB Approval: This information collection is subject to 
the PRA. A Federal agency generally cannot conduct or sponsor a 
collection of information, and the public is generally not required to 
respond to an information collection, unless it is approved by the OMB 
under the PRA and displays a currently valid OMB Control Number. In 
addition, notwithstanding any other provisions of law, no person shall 
generally be subject to penalty for failing to comply with a collection 
of information if the collection of information does not display a 
valid OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    Public Participation: Interested parties are encouraged to send 
comments to the OMB, Office of Information and Regulatory Affairs at 
the address shown in the ADDRESSES section. In order to ensure 
appropriate consideration, comments should reference OMB ICR Reference 
Number 201108-1205-001. The OMB is particularly interested in comments 
that:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    Type of Review: New collection of information (Request for new 
Control Number).
    Agency: Office of the Secretary.
    Title of Collection: Repurposed Auto Manufacturing Facilities 
Study.
    Requested Duration of Authorization: Six months from approval.
    OMB ICR Reference Number: 201108-1205-001.
    Frequency of Collection: On Occasion.
    Affected Public: State, Local, and Tribal governments.
    Estimated Time per Response: 20 minutes.
    Total Estimated Number of Respondents: 25.
    Total Estimated Number of Responses: 999.
    Total Estimated Annual Burden Hours: 130.
    Total Annualized Capital and Startup Costs: $0.
    Total Annualized Operation and Maintenance Costs: $0.

    Dated: September 19, 2011.
Michel Smyth,
Departmental Clearance Office.
[FR Doc. 2011-24483 Filed 9-22-11; 8:45 am]
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