60 Day Notice

2024-09705 60 Day Notice Form 2.pdf

Participating Employee Information

60 Day Notice

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Federal Register / Vol. 89, No. 87 / Friday, May 3, 2024 / Notices

COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Agency Information Collection
Activities; Proposals, Submissions,
and Approvals
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Notice of information collection;
request for comment.
AGENCY:

The Committee for Purchase
From People Who Are Blind or Severely
Disabled operates as the U.S. AbilityOne
Commission (Commission). This notice
announces the Commission’s intent to
submit the Information Collection
Request (‘‘ICR’’) described below to the
Office of Management and Budget
(OMB) for approval under applicable
provisions of the Paperwork Reduction
Act. This notice provides an
opportunity to interested members of
the public and affected agencies to
comment on a proposed Individual
Employee Information form.
DATES: Submit comments on or before
July 1, 2024.
ADDRESSES: Submit comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Christopher Stewart, Compliance and
Enforcement Attorney, Office of General
Counsel, U.S. AbilityOne Commission,
355 E Street SW, Suite 325, Washington,
DC 20024; telephone: (703) 254–6172;
email: [email protected]. If you
are deaf, hard of hearing, or have a
speech disability and wish to access
telecommunications relay services,
please dial 7–1–1.
SUPPLEMENTARY INFORMATION:
Overview of ICR: This notice pertains
to an ICR the Commission intends to
submit to OMB for approval of a form
that an AbilityOne participating
nonprofit agency employer will fill out
to document relevant information for
each of its employees whose work on an
AbilityOne Procurement List contract is
counted by the NPA as direct labor
hours. These individuals are called
‘‘Participating Employees.’’
This ICR is consistent with OMB
regulations at 5 CFR part 1320, which
implement provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). These regulations require the
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Commission to provide an opportunity
to interested members of the public and
affected agencies to comment on
information collection and
recordkeeping activities (see 5 CFR
1320.8(d)) such as those proposed to be
implemented through this form.
The Commission is responsible for
implementing the Javits-Wagner-O’Day
(JWOD) Act, 41 U.S.C. 8501–8506. In
doing so, the Commission oversees the
AbilityOne Program, an employment
program in which individuals who are
blind or have significant disabilities
provide products and services to
Federal agencies, thereby creating
employment opportunities for such
individuals. The Commission maintains
a Procurement List of mandatory source
products and services provided by
approximately 413 qualified nonprofit
agencies (NPAs).
This Participating Employee
Information (PEI) form will collect data
from qualified NPAs regarding
Participating Employees in order to
ensure the integrity and further the
mission of the AbilityOne Program. This
form will provide data on matters such
as employee wages, the nature of
Participating Employees’ disabilities,
what job supports and accommodations
the Participating Employees are
receiving, and a description of employee
career development activities that are
available to Participating Employees, if
an NPA is currently providing such
activities.
The form described in this ICR is the
second of three forms designed to
modernize the Commission’s
information gathering efforts and align it
with the Commission’s Strategic Plan
for FY2022 to FY2026, as well as with
Commission regulations, including,
inter alia, 41 CFR 51–4.3.
The Commission is also developing a
new Policy 51.405 which will set forth
an NPA’s responsibility to provide
Participating Employees with employee
career development activities such as
job individualizations and employee
career plans. Although the requirements
of Policy 51.405 will be implemented
over time, this form will allow those
NPAs that are already providing such
employee career development activities
to provide data on what they offer.
A draft version of the PEI form is
available at www.abilityone.gov.

The PEI form will be filled out and
submitted annually for each
Participating Employee through an
electronic system that will be
established by the Central Nonprofit
Agency for the use of the NPAs.
The Commission estimates that it will
take 45 minutes to complete the form.
Information regarding employee wages
and hours worked is currently
maintained by each NPA in their payroll
system. Information on the
accommodations and job supports an
individual employee is receiving is
currently required by the predecessor
form that is currently completed by the
NPA for each direct labor employee who
is blind or has a significant disability.
The additional information regarding
whether third parties have paid for or
reimbursed the NPA for the provision of
accommodations or job supports, or
career development support, was not
previously collected. However,
information regarding the third-party
provision of services and/or third party
provision of funding for an individual
should accessible from the employee’s
records, which the preparer will review
to complete this form. In addition, the
listing of multiple-choice text boxes on
the proposed form is expected to
streamline the process for providing this
information.
To calculate the burden for
completion of the form in units of
hours, the Commission multiplied the
estimated total number of annual
responses by 0.75. NPAs can assess the
burden to their particular organization
by multiplying the time by their total
number of Participating Employees.
The cost burden is based upon
national average pay data from the U.S.
Bureau of Labor Statistics, using the
May 2022 National Occupational
Employment and Wage Estimate of
$30.88 as the median hourly wage for a
Human Resources Specialist (OC 13–
1070). (https://www.bls.gov/oes/current/
oes_nat.htm#11-0000) The table below
represents the time and cost burden the
Commission estimates this form will
necessitate. The Commission believes
that collecting this critical data will
further the Program’s mission and
ultimately result in an expansion in
opportunities for the individuals
employed through the AbilityOne
Program.

Number of NPAs

Annual
responses for
this form

Annual form burden
(minutes/employee)
(hour)

Total time
burden for all
employees

Annual form
cost burden
(dollars)

413

36,377

.75

27,282.75

$842,491.32

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Federal Register / Vol. 89, No. 87 / Friday, May 3, 2024 / Notices
With respect to this collection of
information via the proposed form, the
Commission welcomes comments on
the following:
• The necessity to collect this
information to support the
Commission’s mission and oversight
responsibilities.
• Methodology to improve the
accuracy of the estimated time burden,
i.e., specific year-over-year employee
turnover rates for NPAs or number of
additional employee hires above
turnovers, expressed as a percentage of
the NPAs’ total number of Participating
Employees;
• Suggestions or methods to
minimize the burdens associated with
collecting the information described in
this ICR.
The proposed form is viewable at
www.abilityone.gov.
Michael R. Jurkowski,
Director, Business Operations.
[FR Doc. 2024–09705 Filed 5–2–24; 8:45 am]
BILLING CODE 6353–01–P

CONSUMER FINANCIAL PROTECTION
BUREAU
Supervisory Highlights, Issue 32,
Spring 2024
Consumer Financial Protection
Bureau.
ACTION: Supervisory Highlights.
AGENCY:

The Consumer Financial
Protection Bureau (CFPB or Bureau) is
issuing its thirty-second edition of
Supervisory Highlights.
DATES: The findings in this report cover
select examinations in connection with
credit reporting and furnishing that
were completed from April 1, 2023,
through December 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Jaclyn Sellers, Senior Counsel, at (202)
435–7449. If you require this document
in an alternative electronic format,
please contact CFPB_Accessibility@
cfpb.gov.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

1. Introduction
Credit reporting is critical to
consumers’ ability to access credit and
other products and services and often is
used as a factor in rental and
employment determinations. Accuracy
in consumer reports is of vital
importance to the credit reporting
system and to consumers. Inaccurate
information on a consumer report can
have significant consequences for
consumers and may, among other
things, lead them to receive products or

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services on less favorable terms or
impede their ability to access credit or
open a bank account.
Inaccuracy in the credit reporting
system is a long-standing issue that
remains a problem today. Accordingly,
the CFPB continues to prioritize
examinations of consumer reporting
companies (CRCs) and furnishers. CRCs
are companies that regularly engage in
whole or in part in the practice of
assembling or evaluating information
about consumers for the purpose of
providing consumer reports to third
parties.1 Furnishers are entities, such as
banks, loan servicers, and others, that
furnish information to the CRCs for
inclusion in consumer reports.
CRCs and furnishers play a crucial
role in ensuring the accuracy and
integrity of information contained in
consumer reports. They also have an
important role in the investigation of
consumer disputes relating to the
accuracy of information in consumer
reports. The Fair Credit Reporting Act
(FCRA) 2 and its implementing
regulation, Regulation V,3 subject CRCs
and furnishers to requirements relating
to their roles in the credit reporting
system, including the requirement to
reasonably investigate disputes and
certain accuracy-related requirements.
The FCRA and Regulation V also
impose obligations in connection with,
among other things, consumer-alleged
identity theft and—most recently—
adverse information resulting from
human trafficking including on
consumer reports of human-trafficking
victims.
In recent reviews of CRCs, examiners
have continued to find deficiencies in
CRCs’ compliance with the accuracy
and identity theft requirements of the
FCRA and Regulation V.4 For example,
examiners found some CRCs were
engaged in the practice of automatically
declining to implement identity theft
blocks upon receipt of the requisite
documentation based on overbroad
disqualifying criteria and without an
individualized determination that there
is a statutory basis to decline the block,
in violation of the FCRA. Examiners
1 The

term ‘‘consumer reporting company’’ as
used in this publication means the same as
‘‘consumer reporting agency,’’ as defined in the Fair
Credit Reporting Act, 15 U.S.C. 1681a(f), including
nationwide consumer reporting agencies as defined
in 15 U.S.C. 1681a(p) and nationwide specialty
consumer reporting agencies as defined in 15 U.S.C.
1681a(x).
2 15 U.S.C. 1681 et seq.
3 12 CFR part 1022.
4 If a supervisory matter is referred to the Office
of Enforcement, Enforcement may cite additional
violations based on these facts or uncover
additional information that could impact the
conclusion as to what violations may exist.

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also found some CRCs violated
Regulation V’s human trafficking
requirements, effective as of July 25,
2022, by failing to timely block, or in
some cases failing to block all, adverse
items of information identified by the
consumer as resulting from human
trafficking.
In recent reviews of furnishers,
examiners have continued to find
deficiencies in furnishers’ compliance
with the accuracy and dispute
investigation requirements of the FCRA
and Regulation V. Examiners found
several furnishers violated the FCRA
duty to promptly update or correct
information determined to be
incomplete or inaccurate, including, for
example, by continuing to report
fraudulent accounts to CRCs as valid
(i.e., non-fraudulent) accounts for
several years after determining the
accounts were fraudulent. Examiners
also found that some furnishers violated
the FCRA, after receiving an identity
theft report from a consumer at the
appropriate address, by continuing to
furnish information identified in the
report as resulting from identity theft
without the furnishers knowing or being
informed by the consumer that the
information was, in fact, correct. The
findings in this report cover select
examinations in connection with credit
reporting and furnishing that were
completed from April 1, 2023, through
December 31, 2023. To maintain the
anonymity of the supervised institutions
discussed in Supervisory Highlights,
references to institutions generally are
in the plural and related findings may
pertain to one or more institutions.
2. Supervisory Observations
2.1

Consumer Reporting Companies

In recent reviews of CRCs, examiners
found deficiencies in CRCs’ compliance
with FCRA and Regulation V identity
theft block, human trafficking
submission and accuracy requirements.
2.1.1 CRC Duty To Block the Reporting
of Information Resulting From an
Alleged Identity Theft
The FCRA requires CRCs to block the
reporting of any information in a
consumer’s file that the consumer
identifies as information that resulted
from an alleged identity theft not later
than four business days after the CRC
receives certain documentation relating
to the alleged identity theft. Such
documentation includes appropriate
proof of the consumer’s identity, a copy
of an identity theft report, identification
of the information that resulted from the
alleged identity theft, and a statement
by the consumer that such information

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