Employment and Training Administration 2012 – Federal Register Recent Federal Regulation Documents

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Comment Request for Extension of Information Collection With Revisions: Foreign Labor Certification Quarterly Activity Report
Document Number: 2012-7288
Type: Notice
Date: 2012-03-27
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation 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. 3506(c)(2)(A). The Department undertakes this consultation 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. Through this notice, the Employment and Training Administration (ETA) is soliciting comments concerning the revision of the approved information collection, Office of Management and Budget (OMB) Control Number 1205-0457, containing ETA Form 9127Foreign Labor Certification Quarterly Activity Report and instructions. The ETA Form 9127 solicits information from State Workforce Agencies (SWAs) who are recipients of foreign labor certification grants about program-related activities performed by SWA staff in accordance with the specific fiscal year annual plans. This information collection is set to expire on May 31, 2012.
Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-7167
Type: Notice
Date: 2012-03-26
Agency: Employment and Training Administration, Department of Labor
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-7158
Type: Notice
Date: 2012-03-26
Agency: Employment and Training Administration, Department of Labor
Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-7156
Type: Notice
Date: 2012-03-26
Agency: Employment and Training Administration, Department of Labor
Notice of Availability of Funds and Solicitation for Grant Applications for Serving Adult and Youth Ex-Offenders Through Strategies Targeted to Characteristics Common to Female Ex-Offenders
Document Number: 2012-6932
Type: Notice
Date: 2012-03-23
Agency: Employment and Training Administration, Department of Labor
Through this notice, the Department of Labor's Employment and Training Administration (ETA), announces the availability of approximately $12 million in grant funds authorized by the Workforce Investment Act (WIA) to award approximately eight grants to serve adult and youth ex-offenders pre- and post-release. Services to be funded will be targeted to female ex-offenders, but must also be open to eligible male ex-offenders. Applicants may submit only one proposal for up to $1.5 million, with the amount requested depending on the number of participants to be served. These grants will be selected through a competitive process open to any non-profit organization with IRS 501(c)(3) status, unit of state or local government, or any Indian and Native American entity eligible for grants under WIA Section 166. These grants will cover a 30-month period of performance that includes up to six months of planning and a minimum of 24 months of operations. The 24 month period for operations must include time to allow each participant to complete the program and have between 3-4 months of follow-up. Thus, the last cohort of participants must complete program services 3 to 4 months before the end of the grant. Grantees may provide follow-up services to some participants while providing direct services to others. The complete SGA and any subsequent SGA amendments, in connection with this solicitation are described in further detail on ETA's Web site at http://www.doleta.gov/grants/ or on http://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures and other program requirements governing this solicitation.
Notice of Listening Sessions on Implementation of Unemployment Insurance Provisions of the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112-96)
Document Number: 2012-6573
Type: Notice
Date: 2012-03-19
Agency: Employment and Training Administration, Department of Labor
This notice announces listening sessions designed to gain input from employers, labor organizations, State workforce agencies, and relevant program experts on the implementation of provisions of the Middle Class Tax Relief and Job Creation Act of 2012 related to Short Time Compensation (STC) and Self Employment Assistance (SEA) programs. Specifically the Department of Labor (Department) is interested in hearing from stakeholders on the following issues: Model State legislation to support implementation of the two programs; Guidance and technical assistance to States; and Reporting requirements. Times and Dates: The listening sessions for the STC and SEA programs are as follows:
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-6571
Type: Notice
Date: 2012-03-19
Agency: Employment and Training Administration, Department of Labor
Investigations Regarding Certifications of Eligibility To Apply For Worker Adjustment Assistance
Document Number: 2012-6570
Type: Notice
Date: 2012-03-19
Agency: Employment and Training Administration, Department of Labor
Notice of Availability of Funds and Solicitation for Grant Applications for Indian and Native American Employment and Training Programs; Solicitation for Grant Applications and Announcement of Competition Waivers for Program Years 2012 and 2013
Document Number: 2012-6287
Type: Notice
Date: 2012-03-16
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration (ETA), U.S. Department of Labor (the Department), announces the availability of $47,561,938 in adult program funding and $12,365,295 in youth program funding to grantees designated to provide employment and training services to Indians, Alaska Natives, and Native Hawaiians under section 166 of the Workforce Investment Act (WIA) for Program Year (PY) 2012 (July 1, 2012 through June 30, 2013). Approximately $1,418,542 of these funds is available for competition for the Comprehensive Services Program (Adult), and approximately $8,138 of these funds is available for the Supplemental (Youth) Services Program. The SGA contains the procedures by which the Department will select and designate the WIA section 166 grantees for PY 2012 and 2013 (July 1, 2012 through June 30, 2014). As a general matter, the Department is required to select grantees, on a competitive basis, every two years. However, the Secretary of Labor (the Secretary) has the authority (WIA section 166(c)(2)) to waive the requirement for competition where current grantees are performing satisfactorily. Further, based on our observance of the principles of self-determination embodied in section 102 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450a), as implemented by 20 CFR 668.120, entities that have legal jurisdiction over their requested geographic service areas receive the highest priority for designation (20 CFR 668.210(a)). Such tribal entities will be awarded the grants for their geographic service areas without competition provided that they are found responsible to manage federal funds and meet all other designation requirements. The complete SGA and any subsequent SGA amendments, in connection with this solicitation are described in further detail on ETA's Web site at http://www.doleta.gov/grants/ or on http://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures and other program requirements governing this solicitation.
Notice of Funding Opportunity and Solicitation for Grant Applications for Serving Juvenile Offenders in High-Poverty, High-Crime Communities Grants
Document Number: 2012-6283
Type: Notice
Date: 2012-03-16
Agency: Employment and Training Administration, Department of Labor
The U.S. Department of Labor (Department or DOL), Employment and Training Administration (ETA), announces the availability of approximately $20 million in grant funds authorized by the Workforce Investment Act to serve juvenile offenders, ages 14 and above, in high- poverty, high-crime communities. The purpose of these grants is to improve the long-term labor market prospects of these youth. These grants will be awarded through a competitive process open to organizations with the capacity to implement multi-site, multi-state projects. The Department expects to award four grants of $5 million each to cover a 32-month period of performance that includes up to 6 months of planning and a minimum of 26 months of operation. DOL will require grantees to competitively select local sub-grantees to operate the program in a minimum of three high-poverty, high-crime communities in at least two states. The complete SGA and any subsequent SGA amendments in connection with this solicitation are described in further detail on ETA's Web site at http://www.doleta.gov/grants/ or on http://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures, and other program requirements governing this solicitation.
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-5924
Type: Notice
Date: 2012-03-13
Agency: Employment and Training Administration, Department of Labor
Notice of Availability of Funds and Solicitation for Grant Applications for Senior Community Service Employment Program National Grants for Program Year 2012
Document Number: 2012-5685
Type: Notice
Date: 2012-03-09
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration (ETA), U.S. Department of Labor announces a grant competition for national grantees funded under the Senior Community Service Employment Program (SCSEP) authorized under title V of the Older Americans Act (OAA) as amended in 2006, Public Law 109-365. Approximately $346,000,000 in grant funds will be available for national grantees. SCSEP grant funds are awarded to states and territories, and to competitively-chosen national grantees. This funding opportunity is for national grantees. SCSEP is the only Federally-sponsored employment and training program targeted specifically to unemployed low-income older individuals who want to enter or re-enter the workforce. Program participants receive work experience at local public or non-profit agencies and are paid the higher of the Federal, State, or local minimum wage, or the prevailing wage for similar employment, for approximately 20 hours per week while in community service and other job training (OAA Amendments Sec. 502(b)(1)(J); 20 CFR 641.565(a)). The dual goals of the program are to promote useful opportunities in community service job training and to move SCSEP participants into unsubsidized employment, where appropriate. The complete SGA and any subsequent SGA amendments, in connection with this solicitation are described in further detail on ETA's Web site at http://www.doleta.gov/grants/ or on http://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures and other program requirements governing this solicitation.
Notice of Funding Opportunity and Solicitation for Grant Applications for YouthBuild Grants
Document Number: 2012-5657
Type: Notice
Date: 2012-03-08
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration, U.S. Department of Labor (DOL), announces the availability of approximately $75 million in grant funds authorized by the YouthBuild provisions of the Workforce Investment Act [29 U.S.C. 2918a]. YouthBuild grants will be awarded through a competitive process. Under this solicitation, DOL will award grants to organizations to oversee the provision of education, occupational skills training, and employment services to disadvantaged youth in their communities while performing meaningful work and service to their communities. Based on FY 2012 funding, DOL hopes to serve approximately 5,210 participants during the grant period of performance, with projects operating in approximately 75 communities across the country. The complete SGA and any subsequent SGA amendments in connection with this solicitation are described in further detail on ETA's Web site at http://www.doleta.gov/grants/ or on http://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures, and other program requirements governing this solicitation.
Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-5398
Type: Notice
Date: 2012-03-06
Agency: Employment and Training Administration, Department of Labor
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-5397
Type: Notice
Date: 2012-03-06
Agency: Employment and Training Administration, Department of Labor
MGM Transport, et al.; Amended Notice of Revised Determination on Reconsideration
Document Number: 2012-5396
Type: Notice
Date: 2012-03-06
Agency: Employment and Training Administration, Department of Labor
Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2012 Allowable Charges for Agricultural Workers' Meals and Travel Subsistence Reimbursement, Including Lodging
Document Number: 2012-5243
Type: Notice
Date: 2012-03-02
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this Notice to announce the allowable charges for 2012 that employers seeking H-2A workers may charge their workers when the employer provides three meals a day, and the maximum meal reimbursement which a worker with receipts may claim. The Department is also providing clarification on the issue of overnight lodging costs as part of required subsistence, where necessary.
Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States; Announcement of Non-Material Change to the Farm Labor Survey Used for Determining the Adverse Effect Wage Rate
Document Number: 2012-5201
Type: Rule
Date: 2012-03-02
Agency: Employment and Training Administration, Department of Labor
Under the Department of Labor's (we or the Department) H-2A temporary labor certification program, Adverse Effect Wage Rates (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 such that the wages of similarly employed United States (U.S.) workers will not be adversely affected. 20 CFR 655.100(b). AEWRs are derived from the Farm Labor Survey (FLS) issued by the U.S. Department of Agriculture's (USDA) National Agricultural Statistics Service (NASS). In the interest of government transparency, we are publishing this document to announce a non-material change in the frequency of establishment surveys under the FLS (and its accompanying publication) beginning in 2012.
Announcement of Public Briefings on the Changes to the Labor Certification Process for the Temporary Non-Agricultural Employment of H-2B Aliens in the United States
Document Number: 2012-5159
Type: Notice
Date: 2012-03-02
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
On February 21, 2012, the Department of Labor (the Department or DOL) published a Final Rule to amend the H-2B regulations at 20 CFR part 655 governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. See Temporary Non-Agricultural Employment of H-2B Aliens in the United States, Final Rule, 76 FR 10038, Feb. 21, 2012 (the H-2B Final Rule). The Department's H-2B Final Rule also created new regulations at 29 CFR part 503 to provide for enhanced enforcement under the H-2B program requirements should employers fail to meet their obligations under the H-2B program. The Department has also made changes to the Application for Temporary Employment Certification, ETA Form 9142 (OMB Control No. 1205-0466). The H-2B Final Rule is scheduled to become effective on April 23, 2012. The Department has scheduled three webinars and one public briefing to educate stakeholders, program users, and other interested members of the public on changes to the H-2B program made by the H-2B Final Rule and on applying for H-2B temporary labor certifications under the new regulations using the modified ETA Form 9142. As currently planned, the sessions will take place in March and early April, 2012. The in-person briefing will be held at DOL in Washington, DC This notice provides the public with dates, location, and registration information regarding the webinars and public briefing. These informational sessions are subject to change and/or cancellation without further notice in the Federal Register. However, the Department will post any changes related to the webinars on the Office of Foreign Labor Certification Web site at: http:// www.foreignlaborcert.doleta.gov/ and will notify registered participants of any changes to the in-person briefing. Please note that the capacity of each webinar is limited to 200 concurrent participants. Ability to log in to a webinar session is established on a first-come, first-served basis; please note that all the webinars will cover essentially the same information. Participants will be able to log in approximately 30 minutes prior to the official start of the webinar listed below. We encourage organizations or other groups of participants to access the webinars at a single, centralized location to maximize attendance.
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-4577
Type: Notice
Date: 2012-02-28
Agency: Employment and Training Administration, Department of Labor
Notice of Funding Opportunity and Solicitation for Grant Applications (SGA) for the Trade Adjustment Assistance Community College and Career Training Grants Program
Document Number: 2012-4258
Type: Notice
Date: 2012-02-27
Agency: Employment and Training Administration, Department of Labor
The U.S. Department of Labor (the Department) announces the availability of up to $500 million in grant funds to be awarded under the Trade Adjustment Assistance Community College and Career Training (TAACCCT) grants program. The TAACCCT grants program provides eligible institutions of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), with funds to expand and improve their ability to deliver education and career training programs that can be completed in two years or less, and are suited for workers who are eligible for training under the Trade Adjustment Assistance (TAA) for Workers Program (``TAA-eligible workers'') of the Trade Act of 1974 (as amended) 19 U.S.C. 2271-2323, as well as other adults. Eligible institutions may be located in the 50 States, the District of Columbia, Puerto Rico or the U.S. territories; however, the competitiveness of institutions in the U.S. territories under this SGA may be impacted by their limited opportunity to serve TAA-eligible workers. The Department intends to fund multi-year grants to eligible institutions for either developing new education and career training program strategies or for replicating existing evidence-based design, development, and/or delivery strategies for such programs. In accordance with the TAACCCT requirement that each state receive at least 0.5 percent of the approximately $500 million total amount of funds available under this SGA, the Department intends to fund grants of $2.5 to $3.0 million to applicants from each State, the District of Columbia, and Puerto Rico. In addition to grants of $2.5 to $3.0 million to individual applicants, the Department intends to fund grants of $5 million to $15 million to consortium applicants that propose programs that will impact TAA-eligible workers and other adults across a state, region or regions, industry sector or cluster of related industries. Eligible institutions that received individual grants or were the ``lead institution'' under the Solicitation for Grant Applications for TAACCCT Grants Program Funding Opportunity Number: SGA/DFA PY 10-03, dated January 20, 2011, are not eligible to apply for grants under this SGA, however, may serve as member institutions in a consortium application under this SGA. The complete SGA and any subsequent SGA amendments, in connection with this solicitation are described in further detail on ETA's Web site at http://www.doleta.gov/grants/ or on http:// www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures and other program requirements governing this solicitation.
Notice of a Change in Status of an Extended Benefit (EB) Period for Maine and Michigan
Document Number: 2012-4295
Type: Notice
Date: 2012-02-24
Agency: Employment and Training Administration, Department of Labor
This notice announces a change in status of payable periods under the EB program for Maine and Michigan. The following changes have occurred since the publication of the last notice regarding these States' EB status: Based on data released by the Bureau of Labor Statistics on January 24, 2012, Maine and Michigan do not meet one of the necessary criteria to remain on in the EB program: Having a TUR trigger rate at least ten percent greater than the rate for a comparable period in any of the three prior years. This triggered Maine and Michigan ``off'' the EB program with the week ending January 28, 2012. The end of the payable period in both states in the EB program will be February 18, 2012. The trigger notice covering state eligibility for the EB program can be found at: http://ows.doleta.gov/unemploy/claims_arch.asp.
Notice of a Change in Status of the Payable Periods in the Emergency Unemployment Compensation 2008 (EUC08) Program for Connecticut and Missouri
Document Number: 2012-4294
Type: Notice
Date: 2012-02-24
Agency: Employment and Training Administration, Department of Labor
This notice announces a change in status of the payable periods in the Emergency Unemployment Compensation 2008 (EUC08) program for Connecticut and Missouri. Public Law 111-312 extended provisions in Public Law 111-92 which amended prior laws to create a Third and Fourth Tier of benefits within the EUC08 program for qualified unemployed workers claiming benefits in high unemployment states. The Department of Labor produces a trigger notice indicating which states qualify for EUC08 benefits within Tiers Three and Four and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notice covering state eligibility for the EUC08 program can be found at: http:// ows.doleta.gov/unemploy/claimsarch.asp. The following changes have occurred since the publication of the last notice regarding these States' EUC08 status: Based on data released by the Bureau of Labor Statistics on January 24, 2012, the three month average, seasonally adjusted total unemployment rate for Connecticut and Missouri fell below the 8.5% threshold to remain ``on'' in Tier 4 of the EUC08 program. As a result, the current maximum potential entitlement for Connecticut and Missouri in the EUC08 program will decrease from 53 weeks to 47 weeks. The week ending February 18, 2012 will be the last week in which EUC claimants in Connecticut and Missouri can exhaust Tier 3, and establish Tier 4 eligibility. Under the phase-out provisions, claimants can receive any remaining entitlement they have in Tier 4 after February 18, 2012.
Notice of Funding Opportunity and Solicitation for Grant Applications (SGA) for the Workforce Data Quality Initiative
Document Number: 2012-3982
Type: Notice
Date: 2012-02-22
Agency: Employment and Training Administration, Department of Labor
Through this notice, the Department of Labor's Employment and Training Administration (ETA) announces the availability of approximately $12.1 million from funds made available through the Fiscal Year (FY) 2011 DOL appropriation for Training and Employment Services for grants to State Workforce Agencies (SWA) to develop the Workforce Data Quality Initiative (WDQI). ETA expects to award approximately twelve grants of up to $1 million each for a 36 month period of performance. This performance period includes all necessary implementation and start-up activities. Eligible applicants for this solicitation are those SWAs within the 50 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands that were not recipients of a round one WDQI grant (as a result of solicitation SGA/ DFA PY 09-10). Grants awarded will provide SWAs the opportunity to develop and use State workforce longitudinal administrative data systems. These State longitudinal data systems will, at a minimum, include information on programs that provide training, employment services, and unemployment insurance. These systems must also be linked longitudinally at the individual level to allow for analysis which will lead to enhanced opportunity for program evaluation and lead to better information for customers and stakeholders of the workforce system. In addition, these systems must connect with the U.S. Department of Education's (ED) Statewide Longitudinal Data Systems (SLDS) databases. Where such longitudinal systems do not exist or are incipient, WDQI grant assistance may be used to design and develop workforce data systems that are longitudinal and which are designed to link with relevant education data or longitudinal education data systems. WDQI grant assistance may also be used to improve upon and more effectively use existing State longitudinal systems. The complete SGA and any subsequent SGA amendments, in connection with this solicitation are described in further detail on ETA's Web site at http://www.doleta.gov/grants/ or on http://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures and other program requirements governing this solicitation.
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-3924
Type: Notice
Date: 2012-02-21
Agency: Employment and Training Administration, Department of Labor
Temporary Non-Agricultural Employment of H-2B Aliens in the United States
Document Number: 2012-3058
Type: Rule
Date: 2012-02-21
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (the Department) is amending its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This Final Rule revises the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. We have also created new regulations to provide for increased worker protections for both United States (U.S.) and foreign workers.
Notice of Funding Opportunity and Solicitation for Grant Applications (SGA) for Serving Young Adult Ex-Offenders Through Training and Service-Learning
Document Number: 2012-3773
Type: Notice
Date: 2012-02-17
Agency: Employment and Training Administration, Department of Labor
Through this notice, the Department of Labor's Employment and Training Administration (ETA) announces the availability of approximately $30 million to serve juvenile offenders ages 18-21 who have been involved in the juvenile justice system from the age of 14 or above and have never been convicted as an adult under Federal or State Law. ETA expects to award a minimum of 20 grants at various amounts up to $1.5 million each to cover a 30-month period that includes up to four months of planning and a minimum of 26 months of operation. Any non-profit organization with IRS 501(c)(3) status, unit of state or local government, or any Indian and Native American entity eligible for grants under WIA Section 166 may apply for these grants. Service- learning projects conducted through these grants must integrate meaningful community service with instruction and reflection that enrich the learning experience, teach civic responsibility, and encourage lifelong civic engagement. Training provided through these grants is expected to lead to credentials recognized by in demand industries in the grantee's geographic area to be served. Through service-learning, returning offenders are offered the opportunity to reestablish community-based trust while enhancing their work-based skills and status in their communities. The complete SGA and any subsequent SGA amendments, in connection with this solicitation are described in further detail on ETA's Web site at http://www.doleta.gov/grants/ or on http://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures and other program requirements governing this solicitation.
Notice of a Change in Status of an Extended Benefit (EB) Period for New Mexico
Document Number: 2012-3495
Type: Notice
Date: 2012-02-15
Agency: Employment and Training Administration, Department of Labor
This notice announces a change in status of the payable periods under the EB program for New Mexico. The following change has occurred since the publication of the last notice regarding the State's EB status: The Federal authorization to have a three year look-back was recently extended to February 29, 2012. However, New Mexico used a hard end date in state law for the expiration of its three year look- back provision. As a result, New Mexico's three year look-back legislation has expired. With the expiration of the three year look- back, New Mexico failed to meet the criteria to remain triggered ``on'' to EB with the week ending January 7, 2012 and the payable period in the EB program for New Mexico concluded January 28, 2012. The trigger notice covering state eligibility for the EB program can be found at: http://ows.doleta.gov/unemploy/claims_arch.asp.