Davis-Bacon Semi Annual Labor Compliance Report

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
ICR Supporting Statement DOE Davis-Bacon final.docx	Supporting Statement A	Uploaded 2011-02-16	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
196292	Davis-Bacon Semi Annual Labor Compliance Report	Other-Database - PAGE	New

ICR Details

OMB Control No:	ICR Reference No: 201102-1910-002
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOE/DOEOA	Agency Tracking No: David Lipowicz
Title: Davis-Bacon Semi Annual Labor Compliance Report
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 03/15/2011
OIRA Conclusion Action: Withdrawn	Conclusion Date: 09/21/2011
	Date Received in OIRA: 02/16/2011
Terms of Clearance: In accordance with 5 CFR 1320, the agency has requested the emergency ICR submission to be withdrawn in order for the agency to submit the ICR as a non-emergency submission.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		6 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: All Federal agencies administering programs subject to Davis-Bacon wage provisions are required by 29 CFR Part 5, Section 5.7(b) to submit to the Department of Labor (DOL) a semi-annual compliance and enforcement report. In order for the Department of Energy (DOE) to comply with this reporting requirement, it must collect information from Recipients of Recovery Act funded grants, including state and local agencies; Recovery Act funded Loan and Loan Guarantee Borrowers, DOE direct contractors, and other prime contractors that administer DOE programs subject to Davis-Bacon requirements. DOE will require that such entities complete and submit a Semi-annual Labor Standard Enforcement Report each six months.

Emergency Justfication: The Recovery Act gave the Department of Energy unprecedented funding to spend in support of energy-related projects across the country. In order to launch the Recovery Act programs, DOE had to engage in a monumental up-front effort to build the necessary internal capacity to push Recovery Act funding into the economy. A major piece of DOE’s capacity-building effort involved implementing the Davis-Bacon Act requirements of the Recovery Act. The Recovery Act applied the Davis-Bacon and Related Acts to many DOE programs for the first time. This created a tremendous need across DOE for staff to learn the complexities of Davis-Bacon law and policy, and in turn for DOE to educate its recipients and contractors--many of whom were dealing with Davis-Bacon for the first time--on Davis-Bacon requirements. Up to the present time, DOE’s efforts to implement the Davis-Bacon requirements of the Recovery Act have focused on the enormous undertaking of training hundreds of DOE staff, training thousands of recipients, and monitoring recipients for compliance. These are the tasks most relevant to ensuring Recovery Act funds were spent quickly and in full compliance with the Davis-Bacon requirements of the Recovery Act, and this undertaking stretched DOE’s resources significantly. Now that DOE has accomplished much of the work involved in ensuring Recovery Act programs started quickly and in full compliance with Davis-Bacon, we are turning our attention to our reporting requirement. DOE must report to the Department of Labor (DOL) semi-annually on Davis-Bacon compliance and enforcement. In order for us to meet the timeline for submitting the upcoming report (due at the end of April, 2011) DOE must receive emergency approval to gather a limited amount of information from DOE recipients and contractors. If DOE cannot collect this information, DOE will not be able to meet the requirement of 29 CFR Part 5, Section 5.7(b), which requires DOE to report semi-annually to DOL on Davis-Bacon compliance and enforcement. We intend for this emergency approval to only carry us through a single reporting cycle. DOE plans to seek a regular ICR on the standard timeline in order to submit the subsequent DOL report, which will be due at the end of November, 2011.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Davis-Bacon Semi Annual Labor Compliance Report

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Yes

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 02/16/2011

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