Department of Labor 2005 – Federal Register Recent Federal Regulation Documents

This document contains a proposed regulation that, upon adoption, would establish an electronic filing requirement for certain annual reports required to be filed with the Department of Labor by plan administrators and other entities. The Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (the Code), and the regulations issued thereunder, impose certain annual reporting obligations on pension and welfare benefit plans, as well as on certain other entities. These annual reporting obligations generally are satisfied by filing the Form 5500 Series. Currently, the Department of Labor, the Pension Benefit Guaranty Corporation, and the Internal Revenue Service (the Agencies) use an automated document processing systemthe ERISA Filing Acceptance Systemto process the Form 5500 Series filings. As part of the Department's efforts to update and streamline the current processing system, the Department has determined that improvements and cost savings in the filing processes can best be achieved by adopting a wholly electronic filing processing system and eliminating the currently accepted paper filings. The Department believes that a wholly electronic system will result in, among other things, reduced filer errors and, therefore, reduced correspondence and potential for filer penalties; more timely data for public disclosure and enforcement, thereby enhancing the protections for participants and beneficiaries; and lower annual report processing costs, benefiting taxpayers generally. As part of the move to a wholly electronic filing system, the regulation contained in this document would, upon adoption, require Form 5500 filings made to satisfy the annual reporting obligations under Title I of ERISA to be made electronically. In order to ensure an orderly and cost-effective migration to an electronic filing system by both the Department and Form 5500 filers, under the proposal the requirement to file electronically would not apply until plan years beginning on or after January 1, 2007, with the first electronically filed forms due in 2008. Upon adoption, this regulation would affect employee pension and welfare benefit plans, plan sponsors, administrators, and service providers to plans subject to Title I of ERISA.

This notice announces the Occupational Safety and Health Administration's final decision expanding the recognition of TUV America, Inc., as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7.

Pursuant to section 10 of the Federal Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. APP. 1), notice is hereby given of an open meeting of the Advisory Committee on Apprenticeship (ACA).

The Employment Standards Administration (ESA) of the Department of Labor (Department) is proposing to revise the Form LM-30 and its instructions. The Form LM-30 implements section 202 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA or Act), 29 U.S.C. 432, whose purpose is to require officers and employees of labor organizations to publicly disclose possible conflicts between their personal financial interests and their duty to the labor union and its members. The proposed rule would clarify the Form LM-30, and its instructions, by explaining key terms and providing examples of the financial matters that must be reported, eliminate exemptions in the current Form LM-30 that permit filers to not report financial matters that would otherwise be required to be reported under the Act, and improve the usability of the reports by union members and the public. The Department invites general and specific comment on any aspect of the rule; it also invites comment on specific points, as noted throughout the text of this preamble.

The Department of Labor (DOL) is amending two regulations to allow for full implementation of the Wage Determinations OnLine (WDOL) Internet Web site (https://www.wdol.gov) as the source for federal contracting agencies to use when obtaining wage determinations issued by the DOL for service contracts subject to the McNamara-O'Hara Service Contract Act (SCA) and for construction contracts subject to the Davis- Bacon Act and Related Acts (DBRA).

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and other Federal agencies an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration (ETA) is soliciting comments concerning the proposed collection of information on the Reemployment and Eligibility Assessment (REA) program. ETA is seeking Office of Management and Budget (OMB) approval under the PRA95 to establish a system to collect data at the state level on REA workload counts and outcomes.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(A)). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration (ETA), Office of National Programs is soliciting comments concerning the proposed extension of the collection for ETA form 9035Labor Condition Application for Nonimmigrant Workers. A copy of the proposed Information Collection Request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice.

This document corrects the preamble to a proposed rule published in the Federal Register of August 9, 2005, regarding fees for testing, evaluation, and approval of mining products.

The U.S. Department of Labor (USDOL), Bureau of International Labor Affairs (ILAB), intends to award USD 2.5 million through a sole source cooperative agreement to Save the Children Federation Inc. (STC), a U.S.-based non-profit organization. This funding will be used over a four-year period to support the current STC project in Indonesia, ``Enabling Communities to Combat Child Trafficking through Education,'' by extending project activities in the earthquake and tsunami stricken region of Aceh and to bring USDOL funded child labor activities in Indonesia to a successful completion. USDOL also intends to award USD 3.5 million through a sole source cooperative agreement to World Education, Inc., a U.S.-based non-profit organization. This funding will support a four-year second phase of World Education's ``Brighter Futures Program: Combating Child Labor in Nepal through Education,'' because the activity to be funded is essential to the satisfactory completion of this project. ILAB is authorized to award and administer this program by the Consolidated Appropriations Act, 2005, Pub. L. 108-447, 118 Stat. 2809 (2004), which provided funding for USDOL to improve access to basic education in international areas with a high rate of abusive and exploitative child labor through the Child Labor Education Initiative (EI) grant program. Since 1995, USDOL has awarded grants to commercial, international, and non-governmental organizations working to eliminate the worst forms of child labor through the provision of basic education. The cooperative agreements awarded under this initiative will be managed by ILAB's International Child Labor Program to assure achievement of the awards' stated goals. Indonesia: ILAB finds STC uniquely qualified to implement a major program to rapidly restore the educational sector in Aceh and thereby reduce children's vulnerability to trafficking and other forms of exploitation. STC has worked in Indonesia for over 30 years and was one of the leaders of the tsunami emergency response effort in Aceh due to its long-standing presence in the region. The target groups of children in Aceh include children being exploited through work in the worst forms of child labor and those at-risk of entering such work, including conscription into fighting in the civil conflict, and working in the agriculture and fishing sectors in the reconstruction effort. STC is uniquely qualified by virtue of its institutional and contextual knowledge of Indonesia; its familiarity and strong networks with local officials, organizations, and support groups; its pre- existing presence in Aceh and unparalleled experience providing assistance to the region; its extensive working relationships with the targeted communities; its readily available personnel and facilities; and its experience with USDOL reporting and administrative requirements. Additionally, through their previous work and tsunami relief in Aceh, STC has already laid the groundwork for an expansion of the ENABLE project activities and have identified sources of counterpart funding that will multiply the impact of the USDOL investment. The range of services provided by STC includes innovative methods to increase access to formal and non-formal education; generate public awareness; return, rehabilitate, and reintegrate trafficked children; and build capacity at all levels. USDOL's experience working with STC began in the summer of 2004, when STC submitted proposals to USDOL in response to solicitations for grant applications under the EI. As a result of the competitive processes, USDOL entered into two cooperative agreements with STC to implement EI projects, including one in Indonesia. Activities completed as part of the current Indonesian project include securing the support and involvement of the government at the national, provincial and district levels; laying the ground work for the return, recovery and reintegration aspect of the program; and signing of a Memorandum of Understanding with the Police hospital to establish the Medical Recovery Center for victims of trafficking. However, Aceh was not included as one of the initial target areas in the original cooperative agreement due to the civil conflict and restrictions placed by the government on foreign assistance in the region. The government has since removed the restrictions, in part due to concerns about trafficking in the post-tsunami environment. Timely provision of services in Aceh is crucial due to the fragile environment created by the trauma and displacement of the tsunami and the ongoing civil conflict. Given STC's longstanding presence and quality work in the region, strong existing on-the-ground relationships, existing solid foundation and counterpart funding for additional activities, and innovative education delivery methods, USDOL finds STC uniquely qualified for this sole-source award and deems it highly capable of providing timely and effective services in Aceh. The awarding of further USDOL support to STC will allow the program to expand its geographic coverage into Aceh and build on existing activities to rebuild and strengthen the education system in Aceh as a means of reducing children's vulnerability to the worst forms of child labor and trafficking. Nepal: ILAB finds World Education uniquely qualified to perform the program activities in Nepal on a national scale. As a direct educational service provider in Nepal, World Education has a high level of technical expertise in education and administrative oversight capabilities required to work with local implementing partners in targeted districts throughout Nepal. With an extensive network of working relationships with the government, donors, local partners and communities, and district education authorities in Nepal, World Education possesses a unique ability to implement a comprehensive program of direct services to the intended target group of children. This group is comprised of children working in the worst forms of child labor and those at-risk of entering such work, including domestic service, rag picking (recycling), portering, mining and quarrying, brick manufacturing, bus transportation, bonded labor, as well as those children trafficked for labor and sexual exploitation. The range of services of World Education's Brighter Futures Program includes development of a flexible, modular non-formal education curriculum and schooling program for child laborers; accelerated learning and transition to formal school; practical skills training programs and apprenticeships; psychosocial and career counseling; improved access and quality of the formal education system through parent-teacher association and community/school management committee development; training of teacher trainers; ongoing collection of baseline data to design well-targeted interventions and track the performance of program beneficiaries; and advocacy for the inclusion of child labor issues in national education programs. USDOL's experience working with World Education in Nepal began in 2002, when World Education submitted a proposal to USDOL in response to a solicitation for grant application under the EI. As a result of that competitive procurement process, USDOL entered into a cooperative agreement with World Education to implement the current EI project in Nepal called the Brighter Futures Program. World Education's innovative approach in working with communities to provide quality education and increase access to schooling through capacity building and strengthening of parent-teacher associations and community/school management committees has proven effective. As of early 2005, World Education has provided, or was in the process of providing, educational services to 21,857 children removed from the worst forms of child labor, exceeding its original program target of 17,000 children. Over 14,000 children at-risk of entering exploitative labor have also received one or more services through the program. Given World Education's demonstrable ability to deliver quality services in a complex implementing environment, its extensive local partnerships throughout many districts of Nepal, and its ability to work with communities to address the problem of child labor, USDOL finds World Education to be uniquely qualified for this sole source award. Further USDOL support to World Education will allow the Brighter Futures Program time to strengthen and expand activities undertaken through the current project to ensure sustainability of the project's objectives after it is completed. For additional information on this award, please contact Charita Castro at (202) 693-4843. Mailing address: U.S. Department of Labor, Bureau of International Labor Affairs, 200 Constitution Avenue, NW., Room S-5307, Washington, DC 20210.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on the continuing collection of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed.