[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Notices]
[Pages 2569-2571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-805]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Comment Request for 
Information Collection: Guam Military Base Realignment Contractor 
Recruitment Standards, Extension Without Revisions

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (Department), as part of its 
continuing effort to reduce paperwork and respondent burden, conducts a 
preclearance consultation program to provide the general 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 95) [44 U.S.C. 3506(c)(2)(A)]. This program 
helps 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. 
Currently, ETA is soliciting comments concerning the extension of data 
collection on its Guam Military Base Realignment Contractors 
Recruitment Standards, which expire April 30, 2012. This information 
collection follows an emergency review that was conducted in accordance 
with the PRA 95 and 5 CFR 1320.13. The submission for Office of 
Management and Budget (OMB) emergency review was approved on October 
19, 2011. A copy of the proposed information collection request can be 
obtained either by: (1) Accessing the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201108-1205-007, 
or (2) by contacting the office listed below in the addresses section 
of this notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before March 19, 2012.

ADDRESSES: Submit written comments to Anthony D. Dais, Office of 
Workforce Investment, Room C-4512, Employment and Training 
Administration, U.S. Department of Labor, 200 Constitution Avenue NW., 
Room S-4231, Washington, DC 20210. Telephone (202) 693-2784 (this is 
not a toll-free number). Individuals with hearing or speech impairments 
may access the telephone number above via TTY by calling the toll-free 
Federal Information Relay Service at 1-(877) 889-5627 (TTY/TDD). Fax: 
(202) 693-3015. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 2834(a) of the National Defense Authorization Act (NDAA) 
for Fiscal Year 2010 (Pub. L. 111-84, enacted October 28, 2009) amended 
Section 2824(c) of the Military Construction Authorization Act (Pub. L. 
110-417, Division B) by adding a new subsection (6). This provision 
prohibits contractors engaged in construction projects related to the 
realignment of U.S. military forces from Okinawa to Guam from hiring 
non-U.S. workers unless the Governor of Guam (Governor), in 
consultation with the U.S. Secretary of Labor (Secretary), certifies 
that (1) there is an insufficient number of U.S. workers that are able, 
willing, and qualified to perform the work; and (2) that the employment 
of non-U.S. workers will not have an adverse effect on either the wages 
or the working conditions of U.S. construction workers in Guam.
    In order to allow the Governor to make this certification, the NDAA 
requires contractors to recruit workers in the United States, including 
in Guam, the Northern Mariana Islands, American Samoa, the U.S. Virgin 
Islands, and Puerto Rico, according to the terms of recruitment 
standards developed and approved by the Secretary. The recruitment 
standards have been reproduced in full below.
    Although the Department has developed the recruitment standards, it 
has assigned oversight of the contractor recruitment standards and the 
NDAA-required consultation with the Governor to the Guam Department of 
Labor (GDOL) through a Memorandum of Understanding between the U.S. 
Department of Labor and GDOL, effective November 22, 2011.

I. Guam Military Base Realignment Contractors Recruitment Standards

    Guam military base realignment contractors must take the following 
actions to recruit U.S. workers.
    1. At least 60 days before the start date of workers under a base 
realignment contract, contractors must:
    (a) Submit a job posting with GDOL at http://dol.guam.gov/index.php?option=com_jobline&Itemid=0&task=add, or by submitting a 
completed Job Order (Form GES 514) in person at the Guam Employment 
Service office. The job posting must be posted on the GDOL Job Bank for 
at least 21 consecutive days;
    (b) Submit a job posting with the state workforce agency's Internet 
job bank in American Samoa at www.usworks.com/americansamoa/, the 
Commonwealth of the Northern Mariana Islands at https://marianaslabor.net/employer.asp, and in the following states:
    i. Alaska (www.jobs.state.ak.us);
    ii. California (www.caljobs.ca.gov);
    iii. Hawaii (www.hirenethawaii.com);
    iv. Oregon (www.emp.state.or.us/jobs); and
    v. Washington (https://fortress.wa.gov/esd/worksource/Employment.aspx).
    The job posting must be posted for at least 21 consecutive days. If 
for any reason the Internet job bank in American Samoa is not 
available, the contractor must place an advertisement on two Sundays in 
a newspaper that: (1) Is of general circulation in the territory; (2) 
has a reasonable distribution and is appropriate to the occupation; and 
(3) is likely to be seen by workers interested in applying for 
construction employment.
    (c) Submit a job posting with an Internet-based job bank that is:
    i. National in scope, including the entire United States, Guam, the 
Commonwealth of the Northern Mariana Islands, American Samoa, the 
Virgin Islands, and the Commonwealth of Puerto Rico;
    ii. Allows job postings for all occupations; and
    iii. Is free of charge for job seekers and their intermediaries in 
One-Stop Career Centers and the employment service delivery system 
nationwide.
    (d) Where the occupation or industry is customarily unionized, 
contact the local union in Guam in writing to seek U.S. workers who are 
qualified and who will be available for the job opportunity.
    The postings are separate and distinct requirements--i.e., a 
posting under Section 1(b) cannot be used to satisfy the posting 
requirement under Section 1(c).

[[Page 2570]]

    2. Each job posting in (1)(a) through (d) must include, at a 
minimum, the following:
    (a) The contractor's name and appropriate contact information for 
applicants to inquire about the job opportunity or to send applications 
and/or r[eacute]sum[eacute]s directly to the employer;
    (b) The geographic area of employment, with enough specificity to 
apprise applicants of any travel requirements and where applicants will 
likely have to reside to perform the services or labor;
    (c) A statement indicating whether or not the employer will pay for 
the worker's transportation to Guam;
    (d) If applicable, a statement that daily transportation to and 
from the worksite(s) will be provided by the employer;
    (e) A description of the job opportunity with sufficient 
information to apprise U.S. workers of the services or labor to be 
performed, including the duties, the minimum education and experience 
requirements, the work hours and days, and the anticipated start and 
end dates of the job opportunity;
    (f) If applicable, a statement that on-the-job training will be 
provided to the worker;
    (g) If applicable, a statement that overtime will be available to 
the worker and the wage offer for working any overtime hours;
    (h) The wage offer, and the benefits, if any, offered;
    (i) A statement that the position is temporary;
    (j) The total number of job openings the employer intends to fill; 
and
    (k) If the employer provides the worker with the option of board, 
lodging, or other facilities, including fringe benefits, or intends to 
assist workers to secure such lodging, a statement disclosing the 
provision and cost of the board, lodging, or other facilities, 
including fringe benefits or assistance to be provided.
    3. During the 28-day recruitment period, which begins on the 
earliest date of posting, contractors must interview all qualified and 
available Guam and U.S. construction workers who have applied for the 
employment opportunity.
    4. After the close of the recruitment period, and no later than 30 
days before the start date of workers under a contract, the contractor 
must provide a report including the following information via email to 
GDOL at [email protected] documenting its efforts to 
recruit U.S. workers from the United States and all U.S. territories:
    (a) A description of all the recruitment approaches used to recruit 
realignment workers. The description must include identification of the 
Internet job banks where the postings occurred, the occupation or 
trade, a description of wages and other terms and conditions of 
employment, the date of each posting, and the job order or requisition 
number. If newspaper advertisements were used, the description must 
also include the dates that these ads appeared in the newspaper;
    (b) A copy of each job posting;
    (c) A detailed description of how each response to the job postings 
was handled, including:
    i. The number of job applications received;
    ii. The name of each applicant;
    iii. The position applied for;
    iv. The final employment determination for each applicant or job 
candidate; and
    v. For each U.S. job applicant not hired, a description of the 
specific, lawful, job-related reason for rejecting the applicant for 
employment, which includes a comparison of the job applicant's skills 
and experience against the terms listed in the original job posting.

II. USDOL Recruitment Support Activities

    Separate from the contractor recruitment standards, ETA will 
facilitate a nationwide outreach and recruitment effort to maximize 
hiring of U.S. construction workers, including outreach to its 
workforce investment system. ETA will do the following:
     Develop and issue a Training and Employment Notice (TEN), 
and hold an Internet-based training session (``Webinar'') to inform 
contractors, state workforce agencies, state and local workforce 
investment boards, and One-Stop Career Centers of the anticipated 
construction employment opportunities on Guam and how these 
opportunities will be posted [interested individuals can automatically 
receive notice of the TEN by going to http://wdr.doleta.gov/directives 
and clicking on the last bullet, stating ``To be added to the ETA 
Advisory electronic distribution list--click here,'' and interested 
individuals can automatically receive notice of the Webinar by 
registering for ETA's Workforce3One by going to https://www.workforce3one.org/register.aspx, then going to the fourth category 
(Newsletters and Updates) and checking the box for ``Webinars/Live 
Events,'' and should also check both boxes under ``Reemployment Works'' 
in the preceding category (labeled ``Join Communities'')];
     Develop telephone scripts for a Toll-Free Help Line 
directing job seekers to the GDOL job bank;
     Ensure that Departmental offices--including the Office of 
Unemployment Insurance, the Office of Apprenticeship, the Office of Job 
Corps, the Veterans' Employment and Training Service, and the 
YouthBuild program--are informed of the construction employment 
opportunities; and
     Brief pertinent inter-governmental and labor organizations 
(including the National Governors Association, National Conference of 
State Legislatures, and building trades unions) so that they can assist 
in spreading information about the U.S. worker outreach effort.

II. Review Focus

    The Department is particularly interested in comments which
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

III. Current Actions: Extension Without Changes

    Title: Guam Military Base Realignment Contractors Recruitment 
Standards.
    OMB Number: 1205-0484.
    Affected Public: Contractors for Guam construction projects funded 
through NDAA, plus job applicants for these projects.
    Form: Contractor Recruitment Standards.
    Total Annual Respondents: 111.
    Annual Frequency: Occasional.
    Total Annual Responses: 111.
    Average Time per Response: 3 hours.
    Estimated Total Annual Burden Hours: 333 hours.
    Total Annual Burden Cost for Respondents: Zero.

[[Page 2571]]

    Comments submitted in response to this comment request will be 
summarized and/or included in the request for OMB approval of the 
information collection request; they will also become a matter of 
public record.

    Signed in Washington, DC, on this 30th day of December, 2011.
Jane Oates,
Assistant Secretary for Employment and Training.
[FR Doc. 2012-805 Filed 1-17-12; 8:45 am]
BILLING CODE 4510-FN-P