Agricultural Recruitment System Forms Affecting Migratory Farm Workers

Forms and Documents

Document Name	Status
Form ETA 790 Agricultural Clearance Order Form 790 (Employer) Form and Instruction	Modified
Form ETA 790 Agricultural Clearance Order Form 790 (SWA Employee) Form and Instruction	New
Form ETA 795 Agricultural and Food Processing Clearance Memorandum Form	Removed
1205-0134 Supporting Statement 042920.docx Supporting Statement A	2020-04-29

IC Document Collections

IC ID	Document Title	Status
43786	Agricultural Clearance Order Form 790 (Employer) Form and Instruction	Modified
238864	Agricultural Clearance Order Form 790B (SWA Employee) Instruction	New
238863	Agricultural Clearance Order Form 790B (Employers) Instruction	New
238862	Agricultural Clearance Order Form 790 (SWA Employee) Form and Instruction	New
203949	Agricultural and Food Processing Clearance Memorandum Form	Removed

ICR Details

OMB Control No: 1205-0134	ICR Reference No: 201912-1205-004
Status: Received in OIRA	Previous ICR Reference No: 201509-1205-006
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Agricultural Recruitment System Forms Affecting Migratory Farm Workers
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 05/04/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	3,600	0
Time Burden (Hours)	3,150	0
Cost Burden (Dollars)	0	0

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Abstract: State Workforce Agencies (SWAs) are required by Federal regulations at 20 CFR 653.500 to participate in the intrastate and interstate clearance system for the orderly recruitment and movement of agricultural workers. Regulations 653.501(a), (b), (c) and (d) enumerate the contents of these orders. As required by Federal regulations, the Employment and Training Administration (ETA) created the Agricultural Clearance Order (ETA Form 790) for the recruitment of workers beyond the local commuting area (20 CFR 653.501). In order to participate in the temporary alien agricultural worker (H-2A) program, employers are required to submit to the SWA a job order (ETA Form 790) in the area of intended employment between 60 and 75 days before the date of need for workers.

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Authorizing Statute(s): US Code: 44 USC 3501 Name of Law: The Wagner Peyser Act
  

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
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 9561	03/15/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 26499	05/04/2020
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Agricultural Clearance Order Form 790B (Employers)	ETA 790B	Agricultural Clearance Order
Agricultural Clearance Order Form 790B (SWA Employee)	ETA 790B	Agricultural Clearance Order
Agricultural Clearance Order Form 790 (Employer)	ETA 790	Agricultural Clearance Order
Agricultural Clearance Order Form 790 (SWA Employee)	ETA 790	Agricultural Clearance Order
Agricultural and Food Processing Clearance Memorandum	ETA 795	Agriculture and Food Processing Clearance Memorandum

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	3,600	0	0	-5,756	0	9,356
Annual Time Burden (Hours)	3,150	0	0	-5,456	0	8,606
Annual Cost Burden (Dollars)	0	0	0	-29,471	0	29,471

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Forms

Short Statement: This ICR requests a change of responses per year, from 9,356 to 3,600, because most of the 790s and 790As are completed by employers participating in the H-2A program, and the responses to those forms are covered under OMB Control # 1205-0466.

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Annual Cost to Federal Government: $73,944

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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)? No

Is this ICR related to the Pandemic Response? No

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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: 05/04/2020

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