DEPARTMENT OF LABOR (DOL)

2003. DEFINING AND DELIMITING THE TERM "ANY EMPLOYEE EMPLOYED IN A BONA FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY" (ESA/W-H)

Department of Labor (DOL)/Office of the Secretary (OS)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 301; 5 USC 552 as amended; 5 USC Reorganization Plan No. 6 of 1950; EO 12600, 52 FR 23781 (June 25, 1987)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

29 CFR 70

Legal Deadline:

None

Abstract:

The regulation will incorporate the provisions of the 1996 FOIA amendments. These include extending DOL processing time from 10 to 20 days for most FOIA requests and requiring that all reading room materials created since November 1, 1996, be made available by electronic means such as the Internet.

Timetable:

Action Date FR Cite

NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Miriam McD. Miller, Co-Counsel for Administrative Law, Division of Legislation and Legislative Counsel, Department of Labor, Office of the Secretary, Room N2428, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-5500
Email: miller-miriam@dol.gov

RIN:

1290-AA17

Department of Labor (DOL)

Proposed Rule Stage

Employment Standards Administration (ESA)

This entry is Seq. No. 81 in part II of this issue of the Federal Register.

2004. REGULATIONS TO IMPLEMENT THE FEDERAL ACQUISITION STREAMLINING ACT OF 1994, 29 CFR PARTS 4 AND 5, 41 CFR PARTS 50-201 AND 50-206

1215-AA14

2005. IMPLEMENTATION OF THE 1996 AMENDMENTS TO THE FAIR LABOR STANDARDS ACT

Department of Labor (DOL)/Employment Standards Administration (ESA)

Priority:

Substantive, Nonsignificant

Legal Authority:

PL 103-355, 108 Stat. 3243

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

29 CFR 4; 29 CFR 5; 41 CFR 50 to 201; 41 CFR 50 to 206

Legal Deadline:

NPRM, Statutory, May 11, 1995.
Final, Statutory, October 1, 1995.

Abstract:

The Federal Acquisition Streamlining Act of 1994, signed on October 13, 1994, amended several Acts administered by the Department of Labor: (1) the Contract Work Hours and Safety Standards Act (CWHSSA) to limit its applicability to contracts in an amount of $100,000 or greater; (2) the Davis-Bacon Act (DB) to provide waivers from the Act's prevailing wage requirements under selected laws for volunteers performing services to a State or local government or agency and for volunteers performing services to a public or private nonprofit recipient of Federal assistance; and (3) the Walsh-Healey Public Contracts Act (PCA) to eliminate the requirements that contractors on covered contracts be either manufacturers or regular dealers in the items to be supplied under the contract but retains the Secretary of Labor's authority to define the terms "regular dealer" and "manufacturer." A final rule implementing the CWHSSA and PCA changes was published on August 5, 1996 (61 FR 40714).

Timetable:

Action Date FR Cite

NPRM 09/07/95 60 FR 46553

NPRM Comment Period End 10/10/95
Final Rule - Walsh-Healey/CWHSSA Rule 08/05/96 61 FR 40714

Second NPRM 03/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

State, Local, Federal

Agency Contact:

Annabelle T. Lockhart, Acting Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building, Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN:

1215-AA96

2006. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA

Department of Labor (DOL)/Employment Standards Administration (ESA)

Priority:

Other Significant

Legal Authority:

PL 104-188, sec 2101 to 2105; 29 USC 201 et seq

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

29 CFR 4; 29 CFR 531; 29 CFR 541; 29 CFR 778; 29 CFR 785; 29 CFR 790; 29 CFR 870; 41 CFR 50-202

Legal Deadline:

None

Abstract:

The "Small Business Job Protection Act of 1996" (H.R. 3448) was enacted on August 20, 1996, as Public Law 104-188. Title II of this enactment amended the Portal-to-Portal Act (PA) and the Fair Labor Standards Act (FLSA). The PA amendment excludes (under certain circumstances) from compensable "hours worked" the time spent by an employee in home-to-work travel in an employer-provided vehicle. The FLSA amendments: (1) increase the $4.25 Federal minimum hourly wage by $.90 in two steps over two years (i.e., to $4.75 on October 1, 1996, and to $5.15 on September 1, 1997); (2) provide a $4.25 subminimum wage for youth under age 20 in their first 90 calendar days of employment with an employer; (3) set the employer's direct wage payment obligation for tipped employees at $2.13 per hour (provided such employees receive the balance of the full minimum wage in tips); and (4) set the hourly compensation requirements at not less than $27.63 per hour for certain exempt professional employees in computer-related occupations. Changes will be required in the regulations to reflect these amendments.

Timetable:

Action Date FR Cite

NPRM 04/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

State, Local, Federal

Agency Contact:

RIN:

1215-AB13

2007. STOCK OPTIONS, STOCK APPRECIATION RIGHTS, AND BONA FIDE EMPLOYEE STOCK PURCHASE PROGRAMS UNDER THE FAIR LABOR STANDARDS ACT

Department of Labor (DOL)/Employment Standards Administration (ESA)

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 4211; 38 USC 4212; PL 102-16; PL 102-127; PL 102-484; PL 95-520; PL 93-508, amended; PL 94-502; PL 96-466; PL 101-237; PL 97-306; PL 98-223; PL 105-339

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

41 CFR 60-250

Legal Deadline:

None

Abstract:

OFCCP proposes to amend the regulations implementing the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) 38 USC 4212, to conform with the Veterans Employment Opportunities Act (the Act) of 1998 and the Veterans Benefits and Health Care Improvement Act of 2000 (VBHCIA). The Act and VBHCIA of 2000 increase the current threshold for coverage from $10,000 to $25,000. The Act and VBHCIA of 2000 expand the existing definition of Veterans, i.e., special disabled veterans and veterans of the Vietnam Era, to include recently separated veterans and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. Recently separated veterans means any veteran during the one-year period beginning on the date of such veteran's discharge or release from active duty.

Timetable:

Action Date FR Cite

NPRM 09/00/02

Regulatory Flexibility Analysis Required:

Undetermined

Government Levels Affected:

None

Agency Contact:

James I. Melvin, Director, Division of Policy, Planning, and Program Development, OFCCP, Department of Labor, Employment Standards Administration, Room N3424, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1308
Fax: 202 693-1304
Email: jimelvin@fenix2.dol-esa.gov

RIN:

1215-AB24

2008. OBLIGATION OF FEDERAL CONTRACTORS AND SUBCONTRACTORS, NOTICE OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES

Department of Labor (DOL)/Employment Standards Administration (ESA)

Priority:

Other Significant

Legal Authority:

29 USC 207(e)(8); PL 106-202, sec 2(e)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

29 CFR 546; 29 CFR 778

Legal Deadline:

None

Abstract:

The Worker Economic Opportunity Act, Public Law 106-202 (May 18, 2000), amended section 7(e) of the Fair Labor Standards Act to clarify how certain employer-provided stock option programs are to be treated for purposes of overtime pay. Certain programs meeting prescribed criteria would not have to be factored into the "regular rate" otherwise required when calculating "time-and-one-half" overtime premium pay for overtime hours of work. The legislation calls for regulations to be promulgated as necessary, which will include amendments to some of the existing regulations on overtime pay.

Timetable:

Action Date FR Cite

NPRM 05/00/02

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Businesses, Organizations

Government Levels Affected:

None

Agency Contact:

RIN:

1215-AB31

This entry is Seq. No. 82 in part II of this issue of the Federal Register.

2009. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION (ESA/W-H)

1215-AB33

Department of Labor (DOL)

Final Rule Stage

Employment Standards Administration (ESA)

This entry is Seq. No. 83 in part II of this issue of the Federal Register.

2010. LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION MODELS

1215-AA09

This entry is Seq. No. 84 in part II of this issue of the Federal Register.

2011. MINIMUM WAGE AND OVERTIME VIOLATIONS—CIVIL MONEY PENALTIES (29 CFR 578); CHILD LABOR VIOLATIONS—CIVIL MONEY PENALTIES (29 CFR 579); ADJUSTMENT OF CIVIL MONEY PENALTIES FOR INFLATION

1215-AB09

2012. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION OBLIGATIONS, EXECUTIVE ORDER 11246 (ESA/OFCCP) (REVISED)

Department of Labor (DOL)/Employment Standards Administration (ESA)

Priority:

Substantive, Nonsignificant

Legal Authority:

29 USC 216(e); PL 101-410; PL 104-134

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

29 CFR 578; 29 CFR 579

Legal Deadline:

Final, Statutory, October 23, 1996.

Abstract:

The Debt Collection Improvement Act of 1996 (PL 104-134) amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (PL 101-410) to require Federal agencies to adjust certain civil money penalties for inflation. The Department is proposing adjustments in the civil money penalties that may be assessed under section 16(e) of the Fair Labor Standards Act for (1) repeated or willful violations of the minimum wage or overtime provisions; and (2) child labor violations. Any increase in the penalty amounts shall apply only to violations which occur after the effective date of the increase.

Timetable:

Action Date FR Cite

NPRM 12/28/98 63 FR 71405

NPRM Comment Period End 01/27/99
Final Action 01/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

State, Local, Tribal, Federal

Agency Contact:

RIN:

1215-AB20

2013. APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE

Department of Labor (DOL)/Employment Standards Administration (ESA)

Priority:

Substantive, Nonsignificant

Legal Authority:

EO 11246, as amended; 38 USC 4211; PL 94-502;; PL 97-306; PL 102-484; 38 USC 4212; PL 93-508, amended; PL 96-466; PL 101-237;; EO 11758; PL 98-223; PL 102-16; PL 102-127; PL 95-520; PL 105-339; 29 USC 706;; 29 USC 793; EO 11758

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

41 CFR 60-1 (Revision); 41 CFR 60-250 (Revision); 41 CFR 60-741 (Revision)

Legal Deadline:

None

Abstract:

The NPRM would remove the obligation to visit an establishment during a compliance check, which is currently required by Section 60-1.20(a)(3) in order to enhance efficiency in resource allocation. OFCCP proposes also to make the same revision in Section 60-250.60(a)(3) of the regulations implementing the affirmative action provisions of the Vietnam Era Veteran's Readjustment Assistance Act (VEVRAA). Lastly, OFCCP proposes to conform regulations implementing Section 503 of the Rehabilitation Act of 1973, as amended, to the compliance evaluation procedures contained in the regulations implementing Executive Order 11246, as amended, and the affirmative action provisions of VEVRAA, both of which expressly authorize OFCCP to use additional investigative procedures to determine a contractor's compliance with the regulations.

Timetable:

Action Date FR Cite

NPRM 10/12/00 65 FR 60815

Final Rule 09/00/02

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Government Levels Affected:

Undetermined

Agency Contact:

RIN:

1215-AB28

Department of Labor (DOL)

Long-Term Actions

Employment Standards Administration (ESA)

2014. CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT

Department of Labor (DOL)/Employment Standards Administration (ESA)

Priority:

Other Significant

Legal Authority:

Sec 13(a)(15), Fair Labor Standards Act (FLSA), as amended; Sec 13(b)(21), FLSA, as amended; 29 USC 213(a)(15); 29 USC 213(b)(21) 88 Stat 62; Sec 29(b), FLSA of 1974; PL 93-259 88, Stat 76

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

29 CFR 552

Legal Deadline:

None

Abstract:

Section 13(a)(15) of the Fair Labor Standards Act (FLSA) provides an exemption from minimum wage and overtime compensation for domestic service employees engaged in providing companionship services. Section 13(b)(21) of the FLSA provides an exemption from overtime compensation for live-in domestic service employees. DOL proposed certain technical amendments to update the regulations, 29 CFR part 552, Application of the Fair Labor Standards Act to Domestic Service, and to clarify the applicability of these exemptions to third-party employers (58 FR 69310). After reviewing the public comments, the Department adopted technical changes to update the regulations, including a revision necessitated by amendments to title II of the Social Security Act under Public Law 103-387 (Social Security Domestic Employment Reform Act) 10/22/94, (see 60 FR 46766) and reopened the public comment period on proposed revisions affecting third-party employers (section 552.109). After further review of the history and background to this exemption, a new proposed rule was published for public comment on 1/19/2001 (66 FR 5481).

Timetable:
Next Action Undetermined

Action Date FR Cite

NPRM 12/30/93 58 FR 69310

NPRM Comment Period End 02/28/94
Second NPRM 09/08/95 60 FR 46797

Final Rule 09/08/95 60 FR 46766

Third NPRM 01/19/01 66 FR 5481

NPRM Comment Period End 03/20/01
Third NPRM Comment Period End Extended to 07/23/2001 04/23/01 66 FR 20411

Regulatory Flexibility Analysis Required:

Government Levels Affected:

State, Local, Federal

Agency Contact:

RIN:

1215-AA82

2015. RECORDS TO BE KEPT BY EMPLOYERS UNDER THE FAIR LABOR STANDARDS ACT

Department of Labor (DOL)/Employment Standards Administration (ESA)

Priority:

Economically Significant. Major under 5 USC 801.

Legal Authority:

PL 106-398; EO 13179

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 30

Legal Deadline:

Other, Statutory, May 31, 2001, Interim Final Rule.
By executive order, regulations for administration of program to be promulgated by 5/31/2001.

Abstract:

The Department of Labor has issued regulations for its administration of the provisions of the Energy Employees Occupational Illness Compensation Program Act. These regulations address all questions arising under this act which have not been specifically assigned to the Secretary of Health and Human Services, to the Secretary of Energy, or to the Attorney General.

Timetable:

Action Date FR Cite

Interim Final Rule 05/25/01 66 FR 28948

Interim Final Rule Effective 07/24/01
Interim Final Rule Comment Period End 09/24/01 66 FR 47382

Final Action To Be Determined

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Peter M. Turcic, Director, Division of Energy Employees Occupational Illness Compensation, OWCP, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building, Washington, DC 20210
Phone: 202 693-0081
Fax: 202 693-1465
Email: eeoic@dol-esa.gov

RIN:

1215-AB32

Department of Labor (DOL)

Completed Actions

Employment Standards Administration (ESA)

2016. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES

Department of Labor (DOL)/Employment Standards Administration (ESA)

Priority:

Substantive, Nonsignificant

Legal Authority:

29 USC 211; 29 USC 201 et seq; 29 USC 207(g); 52 Stat 1066, sec 11; 52 Stat 1060, sec 11; 103 Stat 944, sec 7

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

29 CFR 516 et seq

Legal Deadline:

None

Abstract:

This regulation gives guidance to employers on the information they must keep in records deemed essential for determining compliance with the monetary requirements of the Fair Labor Standards Act (FLSA) regarding payment of minimum wages and overtime compensation to covered and nonexempt employees, or for determining that certain statutory exemptions to FLSA's requirements for payment of the minimum wage or overtime (or both) may apply. This regulatory initiative contemplates simplification of regulatory language and streamlining of regulatory requirements to ensure that applicable standards are easily understandable and reasonable.

Timetable:

Action Date FR Cite

Withdrawn Due to Competing Priorities 09/24/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

State, Local, Federal

Agency Contact:

RIN:

1215-AB03

Department of Labor (DOL)

Proposed Rule Stage

Employment and Training Administration (ETA)

This entry is Seq. No. 85 in part II of this issue of the Federal Register.

2017. FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; UNEMPLOYMENT INSURANCE PERFORMANCE SYSTEM

1205-AA66

2018. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

42 USC 501 to 504; 42 USC 1302(a); 26 USC 3301 to 3311; 5 USC 8501 to 8508; 5 USC 8521 to 8525; 42 USC 5177 to 5189a; 19 USC 2271 to 2322; 40 FR 18515

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 602; 20 CFR 640; 20 CFR 650; 20 CFR 609.6(f); 20 CFR 614.6(f); 20 CFR 614.7(c); 20 CFR 609.7(c); 20 CFR 617.51(b)

Legal Deadline:

None

Abstract:

This regulation will formally establish a comprehensive system for helping ensure continuous improvement in UI operational performance. It will enunciate as the system's building blocks principles for Federal and State cooperation, key nationwide performance measures, criteria distinguishing satisfactory from unsatisfactory performance, an annual planning process, and actions which the Department may take when a State fails to perform satisfactorily.
The UI PERFORMS Regulation is consistent with the Administration's and the Secretary's emphasis on improved grants management. It is needed now to help complete the development and implementation of the UI PERFORMS system and will replace other regulations, two of which establish Secretary's Standards for first payment and lower appeals timeliness. Until those regulations have been replaced the related UI PERFORMS measures and criteria cannot be put in place. It will also establish a definitive framework for enforcing, if necessary, the elements and performance standards established as parts of the UI PERFORMS system. Until the regulation is in place, UI PERFORMS will remain incomplete.

Timetable:

Action Date FR Cite

ANPRM 01/16/97 62 FR 2543

ANPRM Comment Period End 03/17/97
NPRM 08/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

State

Federalism:

Undetermined

Agency Contact:

Burman Skrable, Operations Research Analyst, Division of Performance Management, OWS, Department of Labor, Employment and Training Administration, Room S4231, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-3197
Email: bskrable@doleta.gov

RIN:

1205-AB10

This entry is Seq. No. 86 in part II of this issue of the Federal Register.

2019. INDIAN AND NATIVE AMERICAN WELFARE-TO-WORK PROGRAM

1205-AB28

Department of Labor (DOL)

Final Rule Stage

Employment and Training Administration (ETA)

2020. LABOR CERTIFICATION AND PETITION PROCESS FOR THE TEMPORARY EMPLOYMENT OF NONIMMIGRANT ALIENS IN AGRICULTURE IN THE UNITED STATES; MODIFICATION OF FEE STRUCTURE

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Substantive, Nonsignificant

Legal Authority:

42 USC 612(a)(3)(c)(iii); PL 106-113, Division B, section 1000(a)(4)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 646

Legal Deadline:

Final, Statutory, November 4, 1997, 90 days from enactment. Citation mandates Secretary to prescribe regulations within 90 days of enactment, to publish interim final rule by 10/31/98.
Other, Statutory, January 1, 2000, for 1999 amendments.

Abstract:

These are program regulations needed to implement the Indian and Native American set-aside under the Welfare-to-Work program authorized by section 412(a)(3) of the Social Security Act. New interim final regulations are being issued to implement changes made by the Welfare-to-Work and Child Support Amendments of 1999 and other legislation. The Consolidated Appropriations Act of 2001 authorized the Department to extend welfare-to-work grants an additional two years. Therefore, the grants may operate until September 2004.
The Department received 14 comments and none would substantively change the regulations. The Department will provide guidance in response to those comments. The Interim Final Rule is the final.

Timetable:

Action Date FR Cite

Interim Final Rule 04/01/98 63 FR 15985

Interim Final Rule Effective 04/01/98
Interim Final Rule Comment Period End 06/01/98
Final Action 01/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

Tribal

Additional Information:

Congress has changed eligibility criteria. A final rule will be published to conform with the State programs.

Agency Contact:

Gregory Gross, Department of Labor, Employment and Training Administration, Room N4641, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-3752
Email: ggross@doleta.gov

RIN:

1205-AB16

2021. � LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING NONIMMIGRANTS ON H-1B VISAS; IMPLEMENTATION OF ELECTRONIC FILING

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

8 USC 1101(a)(15)(h)(ii)(a); 8 USC 1184; 8 USC 1188; 29 USC 49 et seq

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

8 CFR 655

Legal Deadline:

None

Abstract:

The Employment and Training Administration (ETA) of the Department of Labor (Department or DOL) proposes to amend its regulations relating to the temporary employment of nonimmigrant agricultural workers (H-2A workers) in the United States. The proposed amendments would require employers to submit fees for labor certification and the associated H-2A petitions with consolidated application form at the time of filing. The proposal also would modify the fee structure for labor certification. If the application is denied, both fees will be refunded to the employer. It is conceivable in rare instances that the statutory and regulatory standards for issuance of the certification will be met, but those applicable to the petition will not be met. In such occurrence, neither fee will be refunded because the certification fee is an issuance, while the petition fee is a processing fee.
The Department published a Notice of Proposed Rulemaking (NPRM) at 65 FR 43545 (July 13, 2000). Because of the continuing interest in the proposal, the Department published at 65 FR 50170 (August 17, 2000) a proposed rule reopening and extending the comment period on the July 13, 2000, NPRM. The comments received as a result of this reopening and extension of the comment period did not provide sufficient information to permit the Department to draft a final rule concerning a number of issues raised by commenters. Consequently, the Department intends to publish a proposed rule to again reopen and extend the comment period on the July 13, 2000, NPRM.

Timetable:

Action Date FR Cite

NPRM 07/13/00 65 FR 43545

NPRM Comment Period Reopened and Extended 09/18/00 65 FR 50170

NPRM Comment Period Reopened and Extended to 10/29/2001 09/27/01 66 FR 49328

Final Action 09/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Dale Ziegler, Chief, Division of Foreign Labor Certification, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room C4318, FP Building, Washington, DC 20210
Phone: 202 693-2942
Fax: 202 693-2760
Email: dziegler@doleta.gov

RIN:

1205-AB24

2022. � LABOR CERTIFICATION AND PETITION PROCESS FOR THE TEMPORARY EMPLOYMENT OF NONIMMIGRANT ALIENS IN AGRICULTURE IN THE U.S.: DELEGATION OF AUTHORITY TO ADJUDICATION PETITIONS; DEFERRAL OF EFFECTIVE DATE

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

8 USC 1101(a)(15)(h)(i)(b); 8 USC 1182(n); 8 USC 1184(c)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 655, subparts H and I

Legal Deadline:

None

Abstract:

The Department of Labor is amending its regulations governing the filing and processing of labor condition applications for the employment of nonimmigrant aliens on H-1B visas in specialty occupations and as fashion models. The amendments will allow employers the option of submitting LCAs electronically, utilizing Web-based forms and instructions. The electronic filing system will be convenient and less burdensome for employers, since, unlike a system based on filing applications by facsimile transmission or by mail, the new system will allow the filing of an applications without the submission of a "hard copy." Submission by mail or fax will continue to be permitted for employers who prefer one of those formats.

Timetable:

Action Date FR Cite

Final Action 01/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

1205-AB29

2023. � DISASTER UNEMPLOYMENT ASSISTANCE PROGRAM AMENDMENT

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

8 USC 1101(a)(15)(H)(ii)(a);; 8 USC 1184; 8 USC 1188; 29 USC 49 et seq; 8 CFR 103.1(f)(iii)(j); 8 CFR 103.1(f)(iii)(w); 8 CFR 214.2(h)(5); 8 CFR 214.2(h)(11); 8 CFR 214.2(h)(12)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 655, subpart B

Legal Deadline:

None

Abstract:

The Department of Labor (DOL or Department) published a final rule in this rulemaking in the Federal Register at 65 FR 43538 (July 13, 2000), with an effective date of November 13, 2000, implementing a delegation of authority from the INS to the Department of adjudicate petitions for the temporary employment of nonimmigrant aliens in agriculture in the United States. Concurrently, the INS published a final rule at 65 FR 43528 (July 13, 2000) with an effective date of November 13, 2000, transferring to the Secretary of Labor the authority to adjudicate petitions for temporary agricultural workers and the authority to decide appeals on these decisions and to make determinations for revocation of petition approvals.
Subsequently, the INS at 65 FR 67616 (November 13, 2000) published a final rule and DOL at 65 FR 67628 (November 13, 2000) published an interim final rule (IFR) deferring the effective dates of their final rules. The Department in its IFR invited comments on the deferral of the effective date. No comments were received by DOL on the deferral of the effective date.
The Department also reopened and extended the comment period at 65 FR 50170 (August 17, 2000) on a companion notice of proposed rulemaking (NPRM) published at 65 FR 43545 (July 13, 2000) setting forth implementation measures necessary to the successful implementation of the delegation of authority to adjudicate petitions. The comments received as a result of this reopening and extension of the comment period did not provide sufficient information to permit the Department to draft a final rule concerning a number of issues raised by commenters. Consequently, the Department intends to publish a proposed rule to again reopen and extend the comment period on the July 13, 2000, NPRM.
Finalizing the proposed rule is essential to the effective implementation of any delegation of authority to DOL to adjudicate petitions for temporary employment of nonimmigrant aliens in the United States. Therefore, the Department has determined to defer the effective date of the July 13, 2000, final rule for 1 year, which should be sufficient time to complete the rulemaking on the companion NPRM.

Timetable:

Action Date FR Cite

Interim Final Rule 09/27/01 66 FR 49275

Interim Final Rule Comment Period End 10/29/01
Interim Final Rule Effective 09/27/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

1205-AB30

2024. FEDERAL-STATE UNEMPLOYMENT COMPENSATION (UC) PROGRAM; CONFIDENTIALITY AND DISCLOSURE OF INFORMATION IN STATE UC RECORDS

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

42 USC 1302; 42 USC 5177; EO 12673

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 625.5

Legal Deadline:

None

Abstract:

In 1995, ETA published an interim final rule that clarified and removed undue restrictions in the existing regulations implementing the Disaster Unemployment Assistance Program. This rule revised all of part 625. Its withdrawal from the current agenda reflects a postponement of additional rulemaking due to higher agency priorities. (See RIN 1205-AB02.) This new rule on the Disaster Unemployment Assistance Program will only address one aspect of part 625; it adds a definition of "unemployment is a direct result of the major disaster." ETA had not defined this term in its previous rule. The purpose of the new definition is to clarify eligibility for disaster unemployment assistance in the wake of the major disasters as a result of the terrorist attacks of September 11, 2001.

Timetable:

Action Date FR Cite

Interim Final Rule 11/13/01 66 FR 56959

Interim Final Rule Effective 11/13/01
Interim Final Rule Comment Period End 12/13/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

State, Federal

Agency Contact:

Betty E. Castillo, Chief, Division of Unemployment Insurance Operations, Department of Labor, Employment and Training Administration, Room S4231, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-3032

RIN:

1205-AB31

Department of Labor (DOL)

Long-Term Actions

Employment and Training Administration (ETA)

2025. ATTESTATIONS BY FACILITIES TEMPORARILY EMPLOYING H-1C NONIMMIGRANT ALIENS AS REGISTERED NURSES

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

42 USC 1302 (a); 42 USC 503; 42 USC 1320b-7; 26 USC ch 23; Secretary's Orders 4-75 and 14-75

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 603

Legal Deadline:

None

Abstract:

The Employment and Training Administration of the Department of Labor is preparing to issue an interim final rule on confidentiality and disclosure of information in State records collected, created, or maintained for purposes of the Federal-State UC program. The interim final rule modifies and expands the regulations implementing the Income and Eligibility Verification System (IEVS) to include the statutory requirements in title III of the Social Security Act, the Federal Unemployment Tax Act, and the Wagner-Peyser Act concerning confidentiality and disclosure of information in State UC records. The use of unemployment compensation wage records under these and other statutes has increased in recent years while privacy and confidentiality issues have not yet been addressed.

Timetable:

Action Date FR Cite

Interim Final Rule To Be Determined

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

State

Additional Information:

Formerly RIN 1205-AA74; was taken off regulatory agenda in 1994 due to inactivity. An NPRM was published 3/23/92 at 57 FR 10063 with comment period ending 5/22/92.

Agency Contact:

Gerard Hildebrand, Chief, Division of Legislation, Department of Labor, Employment and Training Administration, Room S4231, 200 Constitution Avenue NW, FB Building, Washington, DC 20210
Phone: 202 693-3038
Email: ghildebrand@doleta.gov

RIN:

1205-AB18

2026. SERVICES TO MIGRANT AND SEASONAL FARMWORKERS, JOB SERVICE COMPLAINT SYSTEM, MONITORING, AND ENFORCEMENT

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

8 USC 1101(a)(15)(H)(i)(c); 8 USC 1182(m); 8 USC 1184; 29 USC 49 et seq; PL 106-95, 113 Stat. 1312

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 655, subparts L and M

Legal Deadline:

Final, Statutory, February 11, 2000.
Final or Interim Final regulations required within 90 days of enactment.

Abstract:

The Nursing Relief for Disadvantaged Areas Act of 1999 (P.L. 106-95; November 12, 1999) amended the Immigration and Nationality Act to create a new temporary visa program for nonimmigrant aliens to work as registered nurses for up to three years in facilities serving health professional shortage areas, subject to certain conditions.

Timetable:

Action Date FR Cite

Interim Final Rule 08/22/00 65 FR 51137

Interim Final Rule Comment Period End 09/21/00
Interim Final Rule Effective 09/21/00
Final Action To Be Determined

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

State, Local, Federal

Agency Contact:

Michael Ginley, Director, Office of Enforcement Policy, Wage and Hour Division, Department of Labor, Employment Standards Administration, Room N3510, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0745

RIN:

1205-AB27

Department of Labor (DOL)

Completed Actions

Employment and Training Administration (ETA)

2027. DISASTER UNEMPLOYMENT ASSISTANCE PROGRAM, AMENDMENT TO REGULATIONS

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

29 USC 49k

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 653; 20 CFR 658; 20 CFR 651

Legal Deadline:

None

Abstract:

ETA is reviewing services to migrant and seasonal farmworkers under the Wagner-Peyser Act as a result of amendments to Wagner-Peyser under title VI of the Job Training Partnership Act, and title III of the Workforce Investment Act of 1998.

Timetable:

Action Date FR Cite

Withdrawn 08/31/01

Regulatory Flexibility Analysis Required:

Undetermined

Government Levels Affected:

State, Local, Federal

Federalism:

Undetermined

Agency Contact:

Gay Gilbert, Chief, Division of Employment Service and ALMIS, Department of Labor, Employment and Training Administration, Room S4231, 200 Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-3428
Email: ggilbert@doleta.gov

RIN:

1205-AA37

2028. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS—IMPLEMENTATION OF 1988 AMENDMENTS

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

42 USC 1302; 42 USC 5177; EO 12673

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 625

Legal Deadline:

None

Abstract:

This rulemaking to revise current regulations into a "Plain English" format is being postponed due to higher agency priorities.

Timetable:

Action Date FR Cite

ANPRM 12/08/94 59 FR 63670

ANPRM Comment Period End 02/06/95
Interim Final Rule 05/11/95 60 FR 25560

Withdrawn 09/24/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

State

Agency Contact:

RIN:

1205-AB02

2029. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS—TRANSITIONAL ADJUSTMENT ASSISTANCE NAFTA-TAA

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

19 USC 2320

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 617

Legal Deadline:

None

Abstract:

The final rule implementing the 1988 amendments to the TAA program was published in the Federal Register on January 6, 1994. Although it was published as final, comments were requested on several material changes being made in the final rule which differ from the November 1988 proposed rule and on a number of other changes which were not included in the proposed rule. Comments have been received and another final rule will be published relating to these substantive changes.

Timetable:

Action Date FR Cite

Withdrawn 08/31/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

State, Federal

Additional Information:

This rulemaking is withdrawn from the regulatory agenda. After further analysis, agency resources are now focused on the Administration's trade adjustment assistance initiative, which could change the focus of these regulatory items.

Agency Contact:

Edward A. Tomchick, Director, Division of Trade Adjustment Assistance, Department of Labor, Employment and Training Administration, Room C5311, 200 Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-3577

RIN:

1205-AB05

2030. ESTABLISHMENT OF FEES FOR IMMIGRATION PROGRAMS ADMINISTERED BY THE EMPLOYMENT AND TRAINING ADMINISTRATION

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

19 USC 2320; 19 USC 2331

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 617

Legal Deadline:

None

Abstract:

Title V of the North American Free Trade Agreement Implementation Act (NAFTA) (PL 103-182) amends chapter 2 of title II of the Trade Act of 1974 by adding a new NAFTA Transitional Adjustment Assistance Program (NAFTA-TAA) for workers who lose their jobs because of increased imports from or a shift of production to Mexico and Canada. Most of the provisions of title V are in the form of amendments to chapter 2, title II, of the Trade Act. While some of the provisions are not in the form of amendments to the Trade Act they nonetheless must be given effect in implementing the NAFTA-TAA program. A proposed rule to amend the regulations on the trade adjustment assistance program for workers was published in the Federal Register on January 17, 1995.

Timetable:

Action Date FR Cite

NPRM 01/17/95 60 FR 3472

NPRM Comment Period End 03/20/95
Withdrawn 08/31/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

State, Federal

Additional Information:

Agency Contact:

RIN:

1205-AB07

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

Not yet determined

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

Not Yet Determined

Legal Deadline:

None

Abstract:

Assuming Congress provides the required authorization, the regulation would establish a new fee charged to employers for processing of alien labor certification applications. The user fee would be a government receipt and would be applied to Federal and State expenditures for Federal and State program administration in the State Unemployment Insurance and Employment Service account and the Program Operations Account in DOL's Employment and Training Administration (ETA).

Timetable:

Action Date FR Cite

Withdrawn 08/21/01

Regulatory Flexibility Analysis Required:

Government Levels Affected:

State, Local

Additional Information:

The base funding of ETA immigration programs has been reduced by 30 percent since FY 1995. The fee proceeds would be used to offset the costs of administering the alien labor certification program at the State and Regional levels. ETA has worked with the States and Regional Offices and reduced the number of queued cases from 92,000 to 66,000 at the State level. The number of cases on the Regional level is 21,000. However, there was a one time reinstatement of section 245(i) as part of the LIFE legislation and this increased the queued permanent cases by 235,000 applications over the 60,000 permanent applications received in FY 2001. The regular appropriation, plus the user fees, will be necessary to work off the cases in the pipeline and become current.

Agency Contact:

RIN:

1205-AB14

2031. WELFARE-TO-WORK (WTW) GRANTS