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    Subject Term: "Temporary employment"

    4 publications with a total of 6 open recommendations
    Director: Andrew Sherrill
    Phone: (202) 512-7215

    3 open recommendations
    Recommendation: To help protect workers from being hired by employers who have been debarred from program participation, the Secretary of Labor should direct the Assistant Secretary, Employment and Training Administration, to use all employer-related information it collects on debarred employers to screen new applications.

    Agency: Department of Labor
    Status: Open

    Comments: In June 2016, the agency noted that it continues to screen for debarred employers in two ways: 1) by adding debarred employers to its iCERT System, which matches incoming employer applications using the federal Employer Identification Number; and 2) by conducting additional reviews during analyst case adjudications using a more expansive set of employer-related information. While the Employment and Training Administration explored enhancing its iCERT system in 2015 to flag more information on debarred employers, the agency said this enhancement was not pursued due to technical difficulties in matching open text fields (e.g., physical employer addresses). In January 2017, DOL signed a data sharing memorandum of agreement with the Department of Homeland Security. DOL officials said this MOA will allow DOL access to DHS data, including information from the DHS system that collects information on all employers, and that DOL will be able to use this information to better screen labor condition applications. Once the agreement has been in place for several months, we plan to evaluate DOL's use of this new information and its impact on screening new employer applications for debarred employers.
    Recommendation: To ensure that H-2B workers are adequately protected and that DOL's investigative resources are appropriately focused, the Secretary of Labor should direct the Administrator, Wage and Hour Division, to review its enforcement efforts and conduct a national investigations-based evaluation of H-2B employers.

    Agency: Department of Labor
    Status: Open

    Comments: In June 2016, DOL's Wage and Hour Division (WHD) indicated that it is coordinating closely with the department's Chief Evaluation Office on evaluations and special projects involving data analytics. As a result of that coordination, it is shifting away from large-scale compliance surveys and toward leveraging internal enforcement data and external survey data to assess compliance levels in priority industries. In June 2017, WHD indicated it did not believe an investigation-based evaluation of H-2B employers was appropriate given budget and litigation complications related to the H-2B regulations. WHD said it would consider moving forward once the regulations stabilize. In the meantime, WHD said it has taken several steps to improve H-2B enforcement. For example, in 2016, it held an advanced training for managers and field staff who handle H-2B investigations. In addition, it issued a memorandum that provided guidance under the 2015 Interim Final Rule on the appropriate enforcement action to take on the findings of H-2B investigations. WHD also indicated it has been sharing data with the Office of Foreign Labor Certification to identify employers with H-2B workers.
    Recommendation: To determine to what extent, if any, the 2-year statute of limitations on debarment limits its use as a remedy for employers who violate program requirements: (1) the Secretary of Labor should direct the Assistant Secretary, Employment and Training Administration, and the Administrator, Wage and Hour Division, to collect data on the nature of the cases where debarment would have been recommended but was not because the 2-year statute of limitations had expired, and based on that data determine whether to pursue a legislative proposal to extend the statute of limitations; and (2) the Department of Labor Inspector General should direct the Assistant Inspector General, Office of Labor Racketeering and Fraud Investigations to provide the Assistant Secretary, Employment and Training Administration, and the Administrator, Wage and Hour Division, data on the number of referrals for debarment that the Inspector General's Office sent to the department after the 2-year statute of limitations had expired.

    Agency: Department of Labor
    Status: Open

    Comments: In June 2016, DOL indicated that it was considering the utility of collecting these data in light of the fact that the new H-2B regulations that were issued in April 2015 eliminated the 2-year statute of limitations for the H-2B program. We continue to believe, however, that this data collection would be valuable given that the H-2A program is still subject to the 2-year statute of limitations. The department indicated it was undertaking a modernization of its data systems--by implementing a data governance structure that would manage its data as a business asset--and our recommendation for the collection of these data would be vetted through this process. In June 2017, however, DOL indicated that WHD had concluded that business process improvements, rather than software changes, were more appropriate to ensure timely analysis of potential debarments. As it makes business process improvements, DOL indicated it would continue to evaluate whether data collection meets program needs.
    Director: Rebecca Gambler
    Phone: (202) 512-8777

    1 open recommendations
    Recommendation: To better ensure DSOs' and students' compliance with OPT requirements, and strengthen efforts to identify and assess potential risks in OPT, the Director of ICE should direct SEVP to develop and distribute guidance to DSOs on how to determine whether a job is related to a student's area of study and require DSOs to provide information in SEVIS to show that they took steps, based on this guidance, to help ensure that the student's work is related to the area of study.

    Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
    Status: Open

    Comments: As of April 2015, SEVP has made progress in developing employment guidance to support DSOs in determining whether a job is related to a student's area of study and requiring DSOs to provide such information in SEVIS. SEVP stated that it has drafted such guidance and it is being reviewed by SEVP subject matter experts. In addition, SEVP stated that it is developing information requirements for DSOs to attest that they adhered to the new employment guidance document in SEVIS, which requires system enhancements. In May 2016, the new STEM OPT regulation went into effect and, among other things, SEVP officials stated that it requires much greater detail on the scope of the employment and how it is related to the earned degree. As of October 2016, SEVP expects that non-STEM guidance on field of study would be finalized by the second quarter of fiscal year 2017. In May 2017, SEVP officials stated they had been revising the guidance and that it was undergoing final revisions, as planned. However, according to SEVP officials, due to the Executive Order on regulatory reform, ICE guidance updates were placed on hold with no clear date as to when SEVP would be able to publish the guidance. To fully address this recommendation, ICE should develop and distribute non-STEM-related guidance on determining whether a job is related to a student's area of study and require DSOs to provide relevant information in SEVIS.
    Director: Dicken, John E
    Phone: (202)512-7043

    1 open recommendations
    Recommendation: To help ensure the longer-term compliance of nursing homes that have successfully returned to substantial compliance under temporary management, the Administrator of CMS should develop guidance for states to enhance their oversight of such homes, such as implementing reactivation of temporary management if the home does not maintain substantial compliance over the 2 years following the conclusion of the sanction.

    Agency: Department of Health and Human Services: Centers for Medicare and Medicaid Services
    Status: Open

    Comments: September 2017: CMS provided documentation of training documents developed for State Agency Directors and Enforcement Specialists covering a variety of topics including when to use the temporary management sanction. Neither the new training nor relevant sections of the CFR or State Operations Manual appear to provide guidance on longer-term oversight of nursing homes that have returned to substantial compliance under temporary management. September 2016: GAO has not received additional information from CMS. July 2015: CMS indicated it will provide GAO with updated actions in early 2016. July 2014: CMS said the recommendation was in process and CMS was drafting an internal enforcement action plan to discuss enforcement remedies including temporary management. June 2013: CMS officials said they have been making an effort to work with the Regional Offices and states on the appropriate use of all sanctions in general, including the use of Temporary Management. June 2012: CMS officials said that the agency continues to investigate the various uses of CMP monies and the potential to use CMPs to recruit, train and supervise temporary managers is one of several options under consideration. May 2011: CMS agreed this was an important recommendation, but due to the Affordable Care Act implementation, the agency said they temporarily deferred planned work until 2012.
    Director: Goldenkoff, Robert N
    Phone: (202)512-6794

    1 open recommendations
    Recommendation: To improve the Bureau's recruiting, hiring, and training of temporary field staff, the Secretary of Commerce should direct the Director of the U.S. Census Bureau to modify recruiting and hiring tools, including the skills test and phone interview, to better differentiate applicants with the skills and competencies needed by crew leaders from those who would be better suited for other field positions.

    Agency: Department of Commerce
    Status: Open

    Comments: During April 2011, the Bureau reported on actions taken to modify recruiting and hiring tools. As of May 2014, the Bureau had drafted its 2020 Workforce Action Plan that will inform its decisions on managing human capital for 2020. The plan is expected to inform a variety of hiring and recruiting activities, including conducting a skills analysis for research and testing projects. We met with Bureau officials in August 2016 to discuss efforts they may have used in the 2016 Census Test in response to this recommendation. We discussed the status of this recommendation with Bureau officials in July 2017, and we await supporting documentation on possible actions taken.