Migrant and Seasonal Farmworker Monitoring Report and Complaint/Apparent Violation Form

Forms and Documents

Document Name	Status
Form ETA 5148 Program Monitoring Recordkeeping Form	Unchanged
Form ETA 8429 Job Service Complaint Third Party Disclosure (ETA 8429) Form	Unchanged
Form ETA 5148 Program Monitoring Reporting (ETA 5148) Form	Unchanged
Form ETA 8429 Job Service Complaint Reporting (ETA 8429) Form	Unchanged
1205-0039 Supporting Statement FINAL RULE 1 2 2020.docx Supporting Statement A	2020-01-06

IC Document Collections

IC ID	Document Title	Status
221917	Program Monitoring Recordkeeping Form	Unchanged
218422	Job Service Complaint Third Party Disclosure (ETA 8429) Form	Unchanged
186595	Program Monitoring Reporting (ETA 5148) Form	Unchanged
12963	Job Service Complaint Reporting (ETA 8429) Form	Unchanged

ICR Details

OMB Control No: 1205-0039	ICR Reference No: 202001-1205-001
Status: Active	Previous ICR Reference No: 201908-1205-002
Agency/Subagency: DOL/ETA	Agency Tracking No: EBSS: 012-05-01-02-02-2025-00.
Title: Migrant and Seasonal Farmworker Monitoring Report and Complaint/Apparent Violation Form
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/14/2020
	Date Received in OIRA: 01/06/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2023	36 Months From Approved	12/31/2022
Responses	6,572	0	6,572
Time Burden (Hours)	8,813	0	8,813
Cost Burden (Dollars)	0	0	0

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Abstract: This ICR relates to the Wagner-Peyser Act Staffing Flexibility final rule (final rule), published January 6, 2020. This final rule gives States increased flexibility in their administration of Employment Service (ES) activities funded under the Wagner-Peyser Act. The final rule modernizes the regulations to align them with the flexibility allowed under the Workforce Innovation and Opportunity Act (WIOA). The final rule eliminates language relating to the “compensation approved by the civil service classification system” at 20 CFR 653.108 (c) and the affirmative action language at 20 CFR 653.111. Accordingly, ETA is proposing to delete the same affirmative action language from the ETA Form 5148. These changes are not expected to affect the burden to the states. Pursuant to 20 CFR 653.109, SWAs use ETA Form 5148 to submit quarterly data to ETA on the services they provide to MSFWs. ETA uses that data to monitor and measure the extent and effectiveness of SWA service delivery to MSFWs and overall compliance with 20 CFR 651, 653, and 658. Additionally, 20 CFR 658.602(e) requires the ETA National Office to develop tools and techniques for reviewing and assessing SWA performance and compliance with ES regulations; and 20 CFR 658.602(f)(2) requires the National Monitor Advocate to review the performance of SWAs in providing the full range of employment services to MSFWs. The collection of data through ETA Form 5148 allows ETA to comply with these regulations and monitor SWA performance. The regulations at 658.411(a)(3) require that staff must ensure the complainant (or his/her representative) submits the complaint on the Complaint/Apparent Violation Form or another complaint form prescribed or approved by the Department or submits complaint information which satisfies paragraph (a)(4) of this section. The Complaint/Apparent Violation Form must be used for all complaints, including complaints about unlawful discrimination, except as provided in paragraph (a)(4) of this section. Pursuant to 20 CFR 658.410(i), “State agencies must ensure any action taken by the Complaint System representative, including referral on a complaint from an MSFW is fully documented containing all relevant information, including a notation of the type of each complaint pursuant to Department guidance, a copy of the original complaint form, a copy of any ES-related reports, any relevant correspondence, a list of actions taken, a record of pertinent telephone calls and all correspondence relating thereto.” Therefore, SWAs use the ETA Form 8429 to record and process complaints. Additionally, ETA Form 8429 is helpful because it identifies whether a complainant is an MSFW which implicates additional actions that must be taken by the SWA (i.e. 20 CFR 658.410(m) requires that the State Monitor Advocate follow-up monthly on unresolved complaints submitted by MSFWs). SWAs may also use ETA Form 8429 to meet the 20 CFR 658.419 documentation requirements for apparent violations.

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Authorizing Statute(s): US Code: 29 USC 49i Name of Law: Wagner Peyser Act as Amended
  

Citations for New Statutory Requirements: PL: Pub.L. 113 - 128 302 Name of Law: Workforce Innovation and Opportunity Act (WIOA) of 2014

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AB87	Final or interim final rulemaking	85 FR 592	01/06/2020

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 29433	06/24/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 29433	06/24/2019
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Program Monitoring Reporting (ETA 5148)	ETA 5148	LEARS Reporting System Services to Migrant and Seasonal Farmworkers Report
Job Service Complaint Third Party Disclosure (ETA 8429)	ETA 8429	Complaint Form
Program Monitoring Recordkeeping	ETA 5148	LEARS Reporting System Services to Migrant and Seasonal Farmworkers Report
Job Service Complaint Reporting (ETA 8429)	ETA 8429	Complaint Form

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ICR Summary of Burden

	Total Approved	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	6,572	6,572	0	0	0	0
Annual Time Burden (Hours)	8,813	8,813	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: $15,010

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: 01/06/2020

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