[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46531-46533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21395]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Comment Request; Guam 
Military Base Realignment Contractor Recruitment Standards

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL), Employment and Training 
Administration (ETA) is soliciting comments concerning the following, 
proposed changes to the information collection request (ICR) titled, 
``Guam Military Base Realignment Contractor Recruitment Standards.'' 
This comment request is part of continuing Departmental efforts to 
reduce paperwork and respondent burden in accordance with the Paperwork 
Reduction Act of 1995 (PRA).

DATES: Consideration will be given to all written comments received by 
December 4, 2017.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden is included at the end of this 
notice and may be obtained free by contacting Michael DeMale by 
telephone at 202-693-3948 TTY 877-889-5627, (these are not toll-free 
numbers) or by email at [email protected].
    Submit written comments about, or requests for a copy of, this ICR 
by mail or courier to the U.S. Department of Labor, Office of Workforce 
Investment, Employment and Training Administration, U.S. Department of 
Labor, 200 Constitution Avenue NW., Room C-4516, Washington, DC 20210; 
by email: [email protected]; or by Fax 202-693-3015.

FOR FURTHER INFORMATION CONTACT: Contact Michael DeMale by telephone at 
202-693-3948 (this is not a toll-free number) or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: The DOL, as part of continuing efforts to 
reduce paperwork and respondent burden, conducts a pre-clearance 
consultation program to provide the general public and Federal agencies 
an opportunity to comment on proposed and/or continuing collections of 
information before submitting them to the OMB for final approval. This 
program helps to ensure 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

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collection requirements can be properly assessed.
    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 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 U.S., including in Guam, 
the Commonwealth of the Northern Mariana Islands, American Samoa, the 
U.S. Virgin Islands, and Puerto Rico, according to the terms of a 
recruitment plan developed and approved by the Secretary. That 
recruitment plan has been reproduced in full in Section I below 
(``Contractor Recruitment Standards'').
    The Department has developed the Contractor Recruitment Standards 
in full consultation with, and with the approval of, the Guam 
Department of Labor (GDOL). 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 GDOL through a Memorandum of Understanding (MOU) between 
the Department and GDOL, effective November 22, 2011 (the MOU can be 
found on the RegInfo.gov Web site listed at the end of this Federal 
Register Notice).
    Under the NDAA, no Guam base realignment construction project work 
may be performed by a person holding an H-2B visa under the Immigration 
and Nationality Act until the contractor complies with the Department's 
Contractor Recruitment Standards, and the Governor of Guam issues the 
certification noted above.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6.
    Interested parties are encouraged to provide comments to the 
contact shown in the ADDRESSES section. Comments must be written to 
receive consideration, and they will be summarized and included in the 
request for OMB approval of the final ICR. In order to help ensure 
appropriate consideration, comments should mention OMB Control Number 
1205-0484.
    Submitted comments will also be a matter of public record for this 
ICR and posted on the Internet, without redaction. The DOL encourages 
commenters not to include personally identifiable information, 
confidential business data, or other sensitive statements/information 
in any comments.
    The DOL is particularly interested in comments that:
     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 submission of responses.
    Guam Military Base Realignment Contractor 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 via a completed Job Order (Guam Form GES 
514) in person at the Guam Employment Service office, which is open 
Monday through Friday (except holidays) 8 a.m. to 5 p.m., at 710 Marine 
Corps Drive, Suite 301, Bell Tower Plaza, Hagatna (for assistance 
please call (671) 475-7000). 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 boards for the Commonwealth of the Northern Mariana Islands at 
https://marianaslabor.net/employer.asp, and the National Labor Exchange 
available to all states at https://us.jobs/national-labor-exchange.asp.
    c. Post a help wanted ad in the local newspaper for American Samoa 
and have a notice posted in the American Samoa Human Resources agency 
office. For assistance with these tasks, please see the American Samoa 
Human Resource agency contacts listed at www.jobbankinfo.org. For 
contractors needing assistance with job postings, additional contact 
information and a link to the required Guam form GES 514 are listed at 
www.jobbankinfo.org.
    d. Where the occupation or industry is customarily unionized, 
contact the local union in Guam as well as the national offices of 
national unions who represent workers in the industry stating:
    i. The existence of the job posting on the National Labor Exchange 
in compliance with these Contractor Recruitment Standards;
    ii. Job post opening and closing dates;
    iii. Direction to interested applicants on how to apply;
    iv. That the job opportunity is with an ``Open Shop'' as Guam is a 
`Right-to-Work' jurisdiction.
    2. Each job posting must be posted for no less than 21 consecutive 
days and include, at a minimum, the following information:
    a. The contractor's name and appropriate contact information for 
applicants to inquire about the job opportunity, or to send 
applications and/or resumes directly to the employer;
    b. The geographic area of employment, with enough specificity to 
apprise applicants of any travel requirements as well as where 
applicants will likely have to reside to perform the services or labor;
    c. A statement indicating whether the employer will pay for the 
worker's transportation to Guam;
    d. A statement indicating whether 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,

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and the anticipated start and end dates of the job opportunity;
    f. If the employer makes On-the-Job Training (OJT) available, 
include a statement that it will be provided to the worker;
    g. A statement indicating whether 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 securing such lodging, a statement disclosing the 
provision and cost of the board, lodging, or other facilities, 
including fringe benefits or assistance offered.
    3. During the 28-day recruitment period, which begins on the 
earliest job posting date, 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 U.S. and all U.S. territories.
    a. Indicate all the recruitment approaches used to recruit workers, 
including an 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 dates of each posting, 
and the job order or requisition number;
    b. A copy of each job posting;
    c. How each job posting and response 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.
    Contractors may provide much of this information in the form of a 
table or spreadsheet, so that instead of a narrative style the 
contractor need only check an appropriate box or provide a phrase, 
number or date (e.g., to indicate whether an individual reported for an 
interview or not, or lacked specific qualifications).

Burden

    Agency: DOL-ETA.
    Type of Review: Revision.
    Title of Collection: Guam Military Base Realignment Contractor 
Recruitment Standards.
    Form: GES 514.
    OMB Control Number: 1205-0484.
    Affected Public: Private sector.
    Estimated Number of Respondents: 25.
    Frequency: Once.
    Total Estimated Annual Responses: 999.
    Estimated Average Time per Response: 20 minutes.
    Estimated Total Annual Burden Hours: 117 hours.
    Total Estimated Annual Other Cost Burden: $0.

    Authority: 44 U.S.C. 3506(c)(2)(A).

Byron Zuidema,
Deputy Assistant Secretary for Employment and Training.
[FR Doc. 2017-21395 Filed 10-4-17; 8:45 am]
 BILLING CODE 4510-FN-P