Employment and Training Administration August 2009 – Federal Register Recent Federal Regulation Documents
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Proposed Information Collection Request of the ETA 227, Overpayment Detection and Recovery Activities; Comment Request
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 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.
Comment Request for Proposed Information Collection for Reporting and Performance Standards System for the Migrant and Seasonal Farmworker Program Under Title I, Section 167 of the Workforce Investment Act of 1998, Extension without Change (OMB No. 1205-0425)
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)(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 extension (without change) of the following data collection and reporting forms for the Migrant and Seasonal Farmworker Program, also known as the National Farmworker Jobs Program (NFJP): ETA Form 9093, ETA Form 9094, and ETA Form 9095 (OMB Approval Number 1205-0425, expires December 31, 2009).
Announcement of Public Briefings on Using the New H-2B Temporary Labor Certification Process for Occupations Other Than Agriculture or Registered Nursing
The Office of Foreign Labor Certification (OFLC) in the Department of Labor's Employment & Training Administration (ETA) has recently re-engineered several of its programs, including the H-2B temporary nonagricultural program. In addition, the Department's Wage and Hour Division (WHD) of the Employment Standards Administration (ESA) has amended contractual obligations applicable to employers of workers subject to Sections 101, 103 and 214(c) of the Immigration and Nationality Act (INA).
Workforce Investment Act Amendments
The Department of Labor (DOL or Department) is announcing the withdrawal of the proposed rule that was published in the Federal Register on December 20, 2006 (71 FR 76558) relating to policy changes to the Workforce Investment Act and Wagner-Peyser Act Regulations. The Department no longer considers this proposed rule viable for final action at this time.
Application of State-Wide Personnel Actions to Unemployment Insurance Program
The Employment and Training Administration provided guidance to States explaining the Department's position concerning the application of State-wide personnel actions to the unemployment compensation program. The original guidance, UIPL No. 09-98, was published in the Federal Register on February 10, 1998, as continuing guidance. This guidance had not been rescinded. However, to remind States of the Department's position, on March 11, 2009, the Department issued UIPL No. 18-09, with UIPL No. 09-98 as an attachment. UIPL No. 18-09 is published below to inform the public and is available at: https://wdr.doleta.gov/directives/attach/UIPL/UIPL18-09.pdf.
Treatment of Pension Rollover Distributions
The Employment and Training Administration has provided guidance to State workforce agencies on an amendment to Federal unemployment compensation (UC) law that prohibits the reduction of UC due to nontaxable pension rollover distributions. This continuing guidance was issued on May 4, 2009 as UIPL No. 10-09 and is published below to inform the public. It rescinds UIPL No. 22-87, Change 2.
Federal-State Extended Unemployment Compensation Act of 1970-Temporary Changes in Extended Benefits
The Employment and Training Administration (ETA) has provided guidance to State workforce agencies in response to the enactment of temporary changes to the extended benefits (EB) program as a result of recent Congressional enactments. The first guidance, issued on January 2, 2009, as Unemployment Insurance Program Letter (UIPL) No. 7-09, advised State workforce agencies of the temporary change, enacted by Public Law 110-449, in Federal sharing for the first week of extended benefits (EB) under the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA) and is available at https://wdr.doleta.gov/directives/attach/UIPL/UIPL7- 09.pdf. UIPL No. 12-09, issued on February 23, 2009, provided guidance related to temporary changes in the EB program as a result of Public Law 111-5. The UIPL (available at: https://wdr.doleta.gov/directives/ attach/UIPL/UIPL12-09.pdf) addressed questions related to Federal sharing for cost benefits, benefit eligibility provisions, amendments to State law and reporting requirements. On May 4, 2009, ETA issued additional guidance with UIPL No. 12-09, Change 1 (available at: https://wdr.doleta.gov/directives/attach/UIPL/ UIPL12-09ch1.pdf) to address general questions about the EB program, work search requirements, submission of tangible evidence, suspension of work search requirements, interstate claims, terminating disqualifications using work, entitlement during high unemployment periods, beginning and ending dates of EB periods, and draft language for the Total Unemployment Rate (TUR) trigger. These three guidance documents are published below to inform the public.
Notification of the Recovery and Reemployment Research Conference
The Employment and Training Administration will host a Recovery and Reemployment Research Conference on September 15 and 16, 2009 at the L'Enfant Plaza Hotel in Washington, DC. Purpose and Agenda: The conference is designed to give the workforce community an opportunity to engage with experts and colleagues to broaden their understanding of critical labor issues and challenges in the present economy. This conference translates specific research, pilot, demonstration, and evaluation efforts into actionable strategies that can be used in the workforce system. The conference, from a research perspective, builds on the success of the ReEmployment Works! Summit and subsequent Regional Recovery and Reemployment Forums. Participants will have the opportunity to hear about workforce strategies for green jobs, entrepreneurship, training, unemployment and reemployment services, and research and policy tools to manage and improve the systems. A goal of the conference is for participants to gain insight into what works and what can be replicated in communities across the nation. The conference will feature a combination of plenary sessions and workshops, including presentations by ETA leaders.
Solicitation for Grant Applications (SGA) Amendment Two; Pathways Out of Poverty
The Employment and Training Administration published a document in the Federal Register on June 24, 2009, announcing the availability of funds and solicitation for grant applications (SGA) for Pathways Out of Poverty to be awarded through a competitive process. This amendment to the SGA clarifies items related to: (1) Use of funds for supportive services (section IV.F); and (2) identifying PUMA(s) to be served (section VIII.A.1). The document is hereby amended. 1. ``Use of Funds for Supportive Services'' section IV.F (page 30145) is revised as follows to indicate a change in the amount of grant funds that may be used for supportive services: a. Old Text``Grantees may use no more than 5% of their grant funds on these services.'' b. New Text``Grantees may use no more than 10% of their grant funds on these services.'' 2. ``Identify PUMA(s) to be Served'' section VIII.A.1 (page 30151) is revised to include the following paragraph at the end of the section regarding additional resources on PUMAs that may be helpful: a. New Text``Applicants should note that the PUMA maps display the outlines of census tracts but do not show census tract numbers or street names. Applicants looking for additional information on the street-level boundaries of PUMAs should cross-reference the appropriate PUMA map, which can be found here (https://www.census.gov/geo/www/maps/ puma5pct.htm) with the appropriate census tract maps, which can be found here (https://ftp2.census.gov/plmap/pltrt/). Follow the census tract map link above, which will display a list of States. Click on the appropriate State, and then click the appropriate county for a directory of map files for that county. Each county directory contains map files that show numbered census tracts and street names for specific areas within the county. For some counties, the first file in the directory will be an overview map of the entire county, which serves as an index for the remaining map files. Applicants can then match the census tract outlines on the PUMA map with the numbered census tracts depicted on the census tract maps. Identifying the census tracts that serve as the outer edge of the PUMA and zooming in on the census tract maps to see the street names will help applicants to identify the street-level boundaries of the PUMA.''
Trade Adjustment Assistance Program; Designation of Certifying Officers
The trade adjustment assistance (TAA) program operates under the Trade Act of 1974, as amended, to provide assistance to domestic workers adversely affected in their employment by certain types of foreign trade. The Trade and Globalization Adjustment Assistance Act of 2009 amended the Trade Act of 1974, expanded TAA coverage to more workers and firms, including workers and firms in the service sector; made benefits available to workers whose jobs have been off-shored to any country, as opposed to only covering certain shifts in production; and improved workers' training opportunities and opportunities for health insurance coverage. The new law also included additional funding for employment services and case management, extended income support, increased funding for training, and provided for earlier access to training. Workers become eligible for program benefits only if the worker group is certified under the Act as eligible to apply for adjustment assistance. From time to time the agency issues an Order designating or redesignating officials of the agency authorized to act as certifying officers, responsible for reviewing and signing adjustment assistance determinations. Employment and Training Order No. 1-09 was issued to revise the listing of officials designated as certifying officers, superseding the previous Order. The Employment and Training Order No. 1-09 is published below.
Notice of a Change in Status of an Extended Benefit (EB) Period for Texas
This notice announces a change in benefit period eligibility under the EB program for Texas.
Notice of a Change in Status of an Extended Benefit (EB) Period for Arizona, Delaware, and New York
This notice announces a change in benefit period eligibility under the EB program for Arizona, Delaware, and New York.
Notice of a Change in Status of an Extended Benefit (EB) Period for New Hampshire
This notice announces a change in benefit period eligibility under the EB program for New Hampshire.
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