Employment and Training Administration December 2014 – Federal Register Recent Federal Regulation Documents
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Comment Request for Information Collection for Form ETA-9035, Labor Condition Application for Nonimmigrant Workers (OMB Control Number 1205-0310), Revision of a Currently Approved Collection
The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the 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 (44 U.S.C. 3506(c)(2)(A)). This program helps 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, ETA is soliciting comments concerning the extension of the approval for the information collection, Office of Management and Budget (OMB) Control Number 1205-0310, containing Form ETA-9035Labor Condition Application for Nonimmigrant Workers; Form ETA-9035ELabor Condition Application for Nonimmigrants Workers (electronic version); Form ETA-9035CPGeneral Instructions for the 9035 & 9035E; Wage and Hour Division (WHD) Form WH-4Nonimmigrant Worker Information Form; and other H-1B related information collection and retention requirements, which expire March 31, 2015. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addressee section of this notice. The forms are used by employers in DOL's H-1B, H-1B1, and E-3 nonimmigrant temporary employment-based programs to request permission to bring foreign workers to the United States as nonimmigrants and for workers and interested persons to file complaints with DOL's Wage and Hour Division.
Comment Request for Information Collection for Trade Adjustment Assistance Community College and Career Training (TAACCCT) Grant Program Reporting Requirements (Routine Extension With a Minor Revision to one Definition to Increase Clarity)
The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the 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 [44 U.S.C. 3506(c)(2)(A)] (PRA). The PRA helps ensure that respondents can provide requested data in the desired format with minimal reporting burden (time and financial resources), collection instruments are clearly understood and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the information collection request (ICR) to collect data about the TAACCCT Grant Program Reporting Requirements (expires March 31, 2015). Interested parties are encouraged to provide comments to the contact shown in the ADDRESSES section. Comments must be written to receive consideration, and they will be summarized and included in the request for OMB approval of the final ICR. To help ensure appropriate consideration, comments should mention this grant program (OMB Control No. 1205-0489).
Comment Request for Information Collection for the Evaluation of Grants Serving Young Offenders; New Collection
The Department, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the 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 (PRA) [44 U.S.C. 3505(c)(2)(A)]. PRA 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 the collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration (ETA) is soliciting comments concerning the information collection activities associated with the random assignment evaluation of ETA-funded grants serving young offenders, specifically, the Face Forward Grants (FFG) Rounds I and II; and the High-Poverty, High-Crime Communities Grants (HPHCG). These grants are aimed at serving young adult offenders, juvenile offenders, and students in high-risk high schools; and provide specific supports and interventions, such as enrollment in school or job training programs as well as access to housing, the availability of adult mentors, mental health services, and supporting social services through referrals. The objective of the evaluation is to determine whether these grants improve youth educational and employment outcomes, and reduce recidivism.
Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2015 Adverse Effect Wage Rates
The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2015 Adverse Effect Wage Rates (AEWRs) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform agricultural labor or services. AEWRs are the minimum wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular occupation and area so that the wages of similarly employed U.S. workers will not be adversely affected. 20 CFR 655.100(b). In this notice, the Department announces the annual update of the AEWRs.
Notice of Availability of Funds and Funding Opportunity Announcement for the American Apprenticeship Initiative
The Employment and Training Administration (ETA), U.S. Department of Labor, announces the availability of approximately $100 million in grant funds authorized by Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA), as amended (codified at 29 U.S.C. 2916a), for the American Apprenticeship Initiative. These grants are financed by a user fee paid by employers to hire foreign workers into the United States under the H-1B nonimmigrant visa program. This initiative is intended to provide a catalyst in supporting a uniquely American Apprenticeship system that meets our country's particular economic, industry and workforce needs. American Apprenticeships (also referred to as Registered Apprenticeships) are innovative work-based learning and post-secondary earn-and-learn models that meet national standards for registration with the U.S. Department of Labor (or federally recognized State Apprenticeship Agencies). Grants funded by this initiative will support dynamic and sustainable public-private partnerships that: Support the expansion of quality and innovative American Apprenticeship programs into high-growth occupation(s) and industry(s), particularly those for which employers are using H-1B visas to hire foreign workers, and the related activities necessary to support such programs (see Appendix A or visit the Foreign Labor Certification Data Center); Create career pathways that encompass American Apprenticeship and align with other post-secondary educational offerings; Use strategies to significantly increase apprenticeship opportunities for job seekers and workers (particularly for women and other underrepresented populations in apprenticeship, including young men and women of color, people with disabilities; low-skilled populations; and veterans, including transitioning service members); and Leverage and develop public policies that increase demand for American Apprenticeship and support sustainability. The complete FOA and any subsequent FOA amendments in connection with this funding opportunity are described in further detail on ETA's Web site at https://www.doleta.gov/grants/ or on https://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures, and other program requirements governing this funding opportunity.
Notice of Availability of Funds and Funding Opportunity Announcement for the National Guard Youth ChalleNGe and Job ChalleNGe Program
The Employment and Training Administration (ETA), U.S. Department of Labor, announces the availability of approximately $12,000,000 in grant funds authorized by Section 171, Pilot and Demonstration Projects, of the Workforce Investment Act, to: (1) Test the effectiveness of expanding the National Guard Youth ChalleNGe Program for youth who have come in contact with the juvenile justice system for committing a status offense or a delinquent act (court- involved youth), and (2) add and test an additional job training component (DOL Job ChalleNGe) to the program for court-involved youth and youth that have had no contact with the juvenile justice system (non-court-involved youth). The purpose of this program is to improve the long-term labor market prospects of youth who successfully complete the six-month residential phase of the National Guard Youth ChalleNGe program. The DOL Job ChalleNGe component will build on the Youth ChalleNGe program's eight core componentsacademic excellence, life coping skills, job skills, health and hygiene, responsible citizenship, community service, leadership/followership, and physical fitnessby emphasizing programming focused on improving program participants' employment outcomes. The complete FOA and any subsequent FOA amendments in connection with this solicitation are described in further detail on ETA's Web site at https://www.doleta.gov/grants/ or on https://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures, and other program requirements governing this solicitation.
Workforce Investment Act; Native American Employment and Training Council, Meeting
Pursuant to Section 10 (a)(2) of the Federal Advisory Committee Act (FACA) (Public Law 92-463), as amended, and Section 166 (h)(4) of the Workforce Investment Act (WIA) [29 U.S.C. 2911(h)(4)], notice is hereby given of the next meeting of the Native American Employment and Training Council (Council), as constituted under WIA. Despite our efforts to get this meeting notice published at least fifteen days before the first day of the meeting, we were unable to do so. The meeting notice was published in the Federal Register on December 5, 2014, and information about this meeting has been disseminated through the Employment and Training Administration's Web site and list serves.
Workforce Investment Act; Native American Employment and Training Council, Meeting
Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (FACA) (Public Law 92-463), as amended, and Section 166(h)(4) of the Workforce Investment Act (WIA) [29 U.S.C. 2911(h)(4)], notice is hereby given of the next meeting of the Native American Employment and Training Council (Council), as constituted under WIA.
Notice of Decisions on States' Applications for Relief From Tax Credit Eductions Provided Under Section 3302 of the Federal Unemployment Tax Act (FUTA) Applicable in 2014
Sections 3302(c)(2)(A) and 3302(d)(3) of the FUTA provide that employers in a State that has an outstanding balance of advances under Title XII of the Social Security Act at the beginning of January 1 of two or more consecutive years are subject to a reduction in credits otherwise available against the FUTA tax for the calendar year in which the most recent such January 1 occurs, if a balance of advances remains at the beginning of November 10 of that year. Further, section 3302(c)(2)(C) of FUTA provides for an additional credit reduction for a year if a State has outstanding advances on five or more consecutive January firsts and has a balance at the beginning of November 10 for such years. Section 3302(c)(2)(C) also provides for waiver of this additional credit reduction and substitution of the credit reduction provided in section 3302(c)(2)(B) if a state meets certain conditions. The States of California, Indiana, Kentucky, Missouri, New York, North Carolina, Ohio, Rhode Island, South Carolina, Virgin Islands, and Wisconsin applied for a waiver of the 2014 additional credit reduction under section 3302(c)(2)(C) of FUTA and it has been determined that each of these States met all of the criteria of that section necessary to qualify for the waiver of the additional credit reduction. Further, the additional credit reduction of section 3302(c)(2)(B) is zero for these States for 2014. Therefore, employers in these States will have no additional credit reduction applied for calendar year 2014. In addition, Missouri, Rhode Island, and Wisconsin did not have balance of advances at the beginning of November 10, 2014. Therefore, employers in those States will have no reduction in FUTA offset credit for calendar year 2014. Section 3302(g) of FUTA provides that a State may avoid any reduction in credit for a year by meeting certain criteria. South Carolina applied for avoidance of the 2014 credit reduction under this section. It has been determined that South Carolina met all of the criteria of section 3302(g) and thus qualifies for credit reduction avoidance. Therefore, South Carolina employers will have no reduction in FUTA credit for calendar year 2014.
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