TEGL20-09.pdf

ETA Advisory File Text

1 Attachment No. 1 Program Planning Guidance and Information Package Introduction This document provides the necessary guidelines to be used by SWAs to update annual plans and request funds in order to administer their FLC responsibilities. Wagner-Peyser funding allocations under the State Unemployment Insurance and Employment Service Operations account in Fiscal Year FY 2010 are available to States for activities supporting federal administration of FLC programs. An estimate of each SWA s total FY 2010 funding is reflected below. FY 2010 Annual Plan To establish and maintain eligibility for FLC grant funding SWAs must comply with this TEGL and other applicable guidance and regulations of the Department. Upon receipt and approval of the plan at the National Office OFLC the Grant Officer in ETA s Division of Federal Assistance will issue a Notice of Obligation NOO to provide the balance of funds due to each state from its annual allocation. SWA Responsibilities SWAs are responsible for administering grant funds for FLC programs within established guidelines. These responsibilities include 1. Certifications and Assurances Regulations require recipients of SWA grants to submit various standard certifications and assurances. These have already been provided under the PY 2009 FY 2010 Wagner-Peyser Annual Funding Agreement and the FY 2009 Foreign Labor Certification Agreement. Current SWA regulations at 20 CFR Part 658 Subpart E 20 CFR 658.400-658.426 cover the complaint and appeals procedures. Regulations at 20 CFR Part 653 Subpart F and 20 CFR Part 654 Subpart E apply to housing inspection activities under the reimbursable grant. 2. Use Mandated Forms for Inter-Agency Communications SWAs must use the proper forms to ensure uniform communications. These forms include but are not be limited to the following Approved Standard Form SF-424 OMB Approval No. 4040.0004 Exp. 03 12 2012 Form ETA-232 OMB Approval No. 1205-0017 Exp. 08 31 2010 Form ETA-232 is the Domestic Agricultural In-Season Wage Report. Form ETA-232A OMB Approval No. 1205-0017 Exp. 08 31 2010 Form ETA-232A is the Wage Survey Interview Record. 2 Other ETA forms that contain a valid Office of Management and Budget OMB control number and expiration date. 3. Reporting Responsibilities The required reports are listed below ETA-9130 OMB Approval No. 1205-0461 Exp. 11 30 2012 The ETA-9130 is the Financial Status Report and must be submitted by the SWA on a quarterly basis for each fiscal year of funds. ETA-9127 OMB Approval No. 1205-0457 Exp. 5 31 2012 The ETA-9127 is the Quarterly Activity Report and a completed form must be submitted by the SWA on a quarterly basis for each fiscal year. SWAs must correct deficiencies to the form upon request by the OFLC National Office or the department of Labor DOL ETA Office of Grants and Contract Management. Conclusion Grant funding balances will be issued to the SWAs by the National Office Grant Officer upon receipt and approval of the State s FY 2010 FLC Annual Plan. The FLC Annual Plans are reviewed and approved by the Administrator of the Office of Foreign Labor Certification. 3 Estimated FY 2010 FLC Funding Levels Alabama 77 005.44 Nebraska 103 770.41 Alaska 70 404.54 Nevada 79 566.14 Arizona 263 742.00 New Hampshire 86 242.70 Arkansas 81 404.04 New Jersey 596 802.34 California 2 404 649.45 New Mexico 81 404.04 Colorado 229 258.06 New York 1 358 548.84 Connecticut 256 841.43 North Carolina 200 590.48 Delaware 97 716.11 North Dakota 90 081.77 Florida 579 951.64 Ohio 202 048.05 Georgia 539 545.82 Oklahoma 77 005.44 Guam 66 003.95 Oregon 85 613.48 Hawaii 66 003.95 Pennsylvania 555 432.76 Idaho 209 653.51 Puerto Rico 66 003.95 Illinois 418 812.20 Rhode Island 70 404.54 Indiana 70 404.54 South Carolina 88 668.01 Iowa 79 205.73 South Dakota 79 205.73 Kansas 118 474.57 Tennessee 165 152.74 Kentucky 324 212.35 Texas 932 251.14 Louisiana 160 961.22 Utah 97 778.83 Maine 288 920.75 Vermont 100 641.21 Maryland 503 251.86 Virgin Islands 66 003.95 Massachusetts 763 200.59 Virginia 838 927.66 Michigan 292 475.30 Washington 206 622.87 Minnesota 99 733.22 Washington DC 116 195.62 Mississippi 92 405.53 West Virginia 72 604.84 Missouri 123 089.23 Wisconsin 126 321.97 Montana 74 805.14 Wyoming 72 604.84 Northern Mariana CNMI 66 003.95 The total SWA grant allocation for FY 2010 is 15 034 000. 1 Attachment No. 2 FY 2010 ANNUAL PLAN WORKLOAD SUPPLEMENT Insert Agency Name has prepared the following information and assurances for delivering labor certification attestation services during FY 2010. A. Foreign Labor Certification Workload Category of Labor Certification and Attestation Services FY 2010 Workload 1 A. Number of job orders related to H-2A temporary labor certification applications processed and expected to be processed. B. Number of prevailing wage surveys conducted and expected to be conducted in agricultural activities. C. Number of housing inspections conducted and expected to be conducted in anticipation of H-2A orders. D. Number of prevailing wage determinations provided to employers for non-agricultural occupations by the following categories 1 PERM H-1B H-1B1 E-3 E. Number of Full Time Equivalent FTE staff funded by this grant. F. Any plans for changes in existing operations including the prevailing wage program which will substantially affect negotiated goals. 1 Workload includes actual labor certification attestation services provided or services planned for the period between October 1 2009 and September 30 2010. 1 Workload to include all prevailing wage determinations for requests submitted until December 31 2009. 2 B. Conducting Housing Inspections As a condition for receiving funds in support of the Secretary s responsibility under 8 U.S.C 1188 the Agency agrees to schedule and conduct pre-occupancy inspections of housing under the applicable Federal regulations to be furnished to migrant and seasonal farm workers or other U.S. workers or to nonimmigrant foreign workers admitted to the United States under temporary labor certification programs for temporary employment in agriculture or logging. As stated earlier the Department recently amended its H-2A regulations through a Final Rule issued on February 12 2010 with an effective date of March 15 2010. Therefore in processing job orders and job referrals under the H-2A program the SWA must follow the regulation in effect at the time the application for H-2A labor certification was submitted. Accordingly H-2A applications submitted on or after March 15 2010 must have employer-provided housing inspected prior to the issuance of the certification. In accordance with the applicable Federal regulations employers are required to provide housing at no cost or public housing for workers who are not reasonably able to return to their place of residence the same day. The housing must meet the applicable local state or federal standards and be sufficient to house the number of workers requested. 1. Special Assurances . The state must adhere to the applicable Federal regulations and actual housing inspections may be conducted under certain conditions in accordance with OSHA standards at 29 CFR 1910.142 Temporary Labor Camps. To the extent practicable the Agency will be prepared to conduct housing inspections before the filing of job orders if so requested by the employer. To the extent practicable the Agency will plan to schedule housing inspections before the filing of H-2A applications for those employers who regularly use the H-2A program. 3 The Agency check one WILL WILL NOT use an alternative method s for conducting pre-occupancy housing inspections i.e. State Health Department Agricultural Department etc. . Detailed Explanation of Alternative Method if applicable 2. Allowable Costs . Costs may be attributed to activities in support of tasks described in 20 CFR Part 654 Subpart E Housing for Agricultural Workers and or 29 CFR 1910.142 Temporary Labor Camps and for indirect support as a fair share of overhead. 3. Performance Standards . The state s performance will be reviewed according to the applicable Federal regulations and housing standards. 4. Reporting . Required reporting of activity as specified on OMB approved ETA forms. Financial reporting will be as specified by ETA. States should plan to track the costs associated with conducting pre-occupancy housing inspections to assist OFLC in the allocation of future resources. The costs include but are not limited to staff resources travel expenditures and administrative costs. 4 C. Statement of Work for Agricultural Wage Surveys As a condition for receiving funds in support of the Secretary s responsibility the Agency agrees to conduct prevailing wage surveys of agricultural and logging activities in accordance with ETA Handbook No. 385 and all applicable Federal regulations. 1. Special Assurances . The state must submit to OFLC a plan for the surveys it is scheduling for the coming year. This plan includes all the surveys which will be conducted by the state in the upcoming season. Accordingly the state s survey targets are based on estimated job order activity to be produced by H-2A applications. The state must submit the results of its prevailing wage surveys ETA form 232 promptly to the OFLC National Office so the correct wage is established for the next cycle of crop activity. Timely submission is critical to ensure release of wage determinations by the National Office well ahead of the crop activity start date. All documentation related to wage survey plans and results should be mailed to Mr. Ben Orona Office of Foreign Labor Certification Employment and Training Administration USDOL 200 Constitution Avenue NW Room C-4312 Washington DC 20210 Fax 202-693-2768 2. Allowable Costs . Costs may be attributed to tasks described in ETA Handbook No. 385 for crop activities which meet the criteria specified above and for indirect support as a fair share of overhead. 3. Performance Standards . The state s performance will be reviewed for its adherence to the procedures for wage surveys in ETA Handbook No. 385. The procedures contained in the ETA Handbook No. 385 require that prevailing wage surveys be conducted for any crop activity that is anticipated in the upcoming season. 5 4. Reporting . Completed surveys will be submitted on the ETA-232. Financial reporting will be as specified by ETA. States should plan to track the costs associated with conducting prevailing wage surveys in order to assist OFLC in the allocation of future resources. The costs include but are not limited to staff resources travel expenditures and administrative costs. D. Cost of H-2A Temporary Labor Certification Activities The information contained in the table below is to be taken from available FY 2009 data to estimate the cost of conducting state activities under the H-2A temporary labor certification program including applications for logging. 1. Costing Sheet Including logging Activity Total Number Total Cost Average Cost 5 Housing Inspections 1 Prevailing Wage Practice Surveys 2 Job Orders Processed 3 Total Cost of H-2A Activities 4 1 Housing Inspections Include in the total cost estimate travel time inspection time travel mileage and completion of paperwork. Include in the total all housing inspections started during the prior fiscal year regardless of the final completion date. If housing inspections are done by another organization estimate the cost that the H-2A portion adds to their total cost and include this amount in the table. 2 Prevailing Wage Practice Surveys Include in the total cost estimate the development of the survey instrument postage collection of responses collation of information and publication of results. 6 Include in the total all surveys started during the prior fiscal year regardless of the final completion date. 3 Job Orders Processed Include in the total cost estimate the creation and maintenance of files taking into account the cost associated with receiving and reviewing applications referring applicants and releasing orders into inter intra-state job system. 4 Total Cost of H-2A Activities Total Cost of Housing Inspections Total Cost of Prevailing Wage Practice Surveys Total Cost of Job Orders Processed. 5 Average Cost Total Cost of activity Total Number of activity. E. Grant Contact Information Included below is the point-of-contact for this grant. Name Title Address Telephone Number E-mail Address Fax Number 1 Attachment No. 3 Annual Plan Procedures 1. Annual Funding Agreement The current agreement includes the Workload Supplement to encompass all Program Year 2009 Fiscal Year 2010 program activities. Notice of Obligation NOO documents for the allotment balances will be issued by the National Office Grant Officer based upon National Office approval of FY 2010 Annual Plans. 2. Annual Plan The FY 2010 Annual Plan includes an Application for Federal Assistance SF 424 transmittal letter plan workload supplement and budget information. Consistent with National Office guidelines negotiations between ETA and the Grantee will determine each state s final annual level of funding for Foreign Labor Certification. The FY 2010 Annual Plan will have a performance period of 12 months beginning October 1 2009 and ending September 30 2010. The grant application package submitted from the states to the National Office Grant Officer should consist of a transmittal letter and one original and two copies of the following A. Application for Federal Assistance SF-424 Expiration Date 3 31 2012 OMB Approval 4040.0004. Grants.gov B. Annual Budget and Quarterly Funding Plan SF-424A Section D only Expiration Date 7 31 2012 OMB Approval 4040.0006 Grants.gov Note Please include a budget supplement to explain and list all proposed equipment purchases of 5 000 or more and any subcontracts. C. Annual Plan Workload Supplement. 3. Plan Modifications . The National Office and the state may jointly modify the FY 2010 Annual Plan including negotiated changes in the plan period and in funding levels during the year. The plan modification requests must include a transmittal letter a revised annual budget and the quarterly spending plan. The National Office Grant Officer has the authority to execute funding adjustments where a state is not spending at agreed upon levels. When an adjustment is necessary a unilateral modification may be issued. In the event that the Secretary of Labor may be required by future legislation or a court order to carry out 2 other responsibilities not currently anticipated or in the event that the Department amends its regulations to require states to perform activities which are not set forth in the FY2010 Annual Plan the states will be requested to submit a modification to the Annual Plan in order to carry out these additional duties. 4. Financial Reconciliation . After the end of the fiscal year a financial reconciliation procedure will be conducted to reconcile accounting records maintained by the grantee and the Department of Labor s original accounts. It may become necessary to revise funding levels in the new plan for a particular state when the reconciliation is completed.