Voting Rights Program, 18715-18716 [E8-7142]
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Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules and Regulations
office. However, this final rule does not
make any changes to the currently
approved information collections.
Consequently, this final rule need not be
reviewed by the Office of Management
and Budget under the authority of the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501 et seq.
List of Subjects in 41 CFR Part 60–250
Administrative practice and
procedure, Civil rights, Employment,
Equal employment opportunity,
Government contracts, Government
procurement, Individuals with
disabilities, Investigations, Reporting
and recordkeeping requirements, and
Veterans.
Compliance by the contractor with the
provisions of this part will not
necessarily determine its compliance
with other statutes, and compliance
with other statutes will not necessarily
determine its compliance with this part.
*
*
*
*
*
3. Section 60–250.5 is amended by
revising paragraph (a)2 to read as
follows.
I
§ 60–250.5
Signed at Washington, DC, this 1st day of
April, 2008.
Victoria A. Lipnic,
Assistant Secretary for Employment
Standards.
Charles E. James, Sr.,
Deputy Assistant Secretary for Federal
Contract Compliance.
Accordingly, under authority of 38
U.S.C. 4212, Title 41 of the Code of
Federal Regulations, Chapter 60, Part
60–250, is amended as follows:
I
PART 60–250—AFFIRMATIVE ACTION
AND NONDISCRIMINATION
OBLIGATIONS OF CONTRACTORS
AND SUBCONTRACTORS
REGARDING SPECIAL DISABLED
VETERANS, VETERANS OF THE
VIETNAM ERA, RECENTLY
SEPARATED VETERANS, AND OTHER
PROTECTED VETERANS
1. The authority citation for part 60–
250 continues to read as follows:
Equal opportunity clause.
(a) * * *
2. The contractor agrees to
immediately list all employment
openings which exist at the time of the
execution of this contract and those
which occur during the performance of
this contract, including those not
generated by this contract and including
those occurring at an establishment of
the contractor other than the one
wherein the contract is being performed,
but excluding those of independently
operated corporate affiliates, at an
appropriate local employment service
office of the state employment security
agency wherein the opening occurs.
Further, listing employment openings
with the state workforce agency job
bank where the opening occurs or with
the local employment service delivery
system where the opening occurs will
satisfy the requirement to list jobs with
the appropriate employment service
office.
*
*
*
*
*
[FR Doc. E8–7123 Filed 4–4–08; 8:45 am]
BILLING CODE 4510–CM–P
I
Authority: 29 U.S.C. 793; 38 U.S.C. 4211
(2001) (amended 2002); 38 U.S.C. 4212
(2001) (amended 2002) and 4212; E.O. 11758
(3 CFR, 1971–1975 Comp., p. 841).
2. Section 60–250.1 is amended by
revising paragraph (b) to read as follows.
I
rfrederick on PROD1PC67 with RULES
*
*
*
*
(b) Applicability. This part applies to
any Government contract or subcontract
of $25,000 or more entered into before
December 1, 2003, for the purchase, sale
or use of personal property or
nonpersonal services (including
construction), except that the
regulations in 41 CFR part 60–300, and
not this part, apply to such a contract or
subcontract that is modified on or after
December 1, 2003 and the contract or
subcontract as modified is in the
amount of $100,000 or more: Provided,
That subpart C of this part applies only
as described in § 60–250.40(a).
VerDate Aug<31>2005
15:06 Apr 04, 2008
Jkt 214001
RIN 3206–AL40
Voting Rights Program
Office of Personnel
Management.
ACTION: Final rule.
SUMMARY: The Office of Personnel
Management (OPM) is removing part
801 of title 45, Code of Federal
Regulations, Voting Rights Program,
which prescribes the times, places,
manner and procedures for the listing
and removal of the names of persons on
voter eligibility lists in accordance with
sections 6, 7, and 9 of the Voting Rights
Act of 1965. Enactment of Public Law
109–246, the Fannie Lou Hamer, Rosa
Parks, and Coretta Scott King Voting
Rights Reauthorization and
Amendments Act of 2006 repealed
sections 6, 7, and 9 of the Voting Rights
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
Act of 1965, which included the
statutory authority for OPM’s
promulgation of these regulations (Pub.
L. 109–246, Section 3. Changes relating
to use of examiners and observers. ‘‘(c)
Repeal of Sections Relating to
Examiners.—Sections 6, 7, and 9 of the
Voting Rights Act of 1965 (42 U.S.C.
1973d, 1973e and 1973g) are
repealed.’’). Therefore, OPM is no longer
authorized to maintain these
regulations.
Effective date: April 7, 2008.
Comment date: Submit comments on or
before June 6, 2008.
ADDRESSES: Send or deliver written
comments to Chris Hammond, Voting
Rights Program Manager, Office of
Personnel Management, 1900 E Street,
NW., Room 2469R, Washington, DC
20415; by FAX to (202) 606–0398; or by
e-mail to Chris.Hammond@opm.gov.
FOR FURTHER INFORMATION CONTACT:
Chris Hammond by telephone at (202)
606–5262; by FAX at (202) 606–0398; or
by e-mail at Chris.Hammond@opm.gov.
SUPPLEMENTARY INFORMATION: On July
27, 2006, the President signed the
Fannie Lou Hamer, Rosa Parks, and
Coretta Scott King Voting Rights Act
Reauthorization and Amendments Act
of 2006 (VRARA), Public Law 109–246,
into law. The VRARA reauthorized
many of the temporary provisions of the
Voting Rights Act of 1965, Public Law
89–110, for an additional 25 years, but
repealed sections 6, 7, and 9, which had
authorized the Federal examiner
program. Additionally, the VRARA
amended other sections of the Voting
Rights Act by removing all references to
Federal examiners.
DATES:
Purpose and Scope
45 CFR Part 801
AGENCY:
§ 60–250.1 Purpose, applicability and
construction.
*
OFFICE OF PERSONNEL
MANAGEMENT
18715
The Voting Rights Act, as
reauthorized and amended by the
VRARA, continues in full force and
effect to prohibit discrimination in
voting on the basis of race or color and
to provide protections for designated
language minority groups. The Office of
Personnel Management (OPM) will
continue to assign, at the request of the
Attorney General, Federal observers
under the authority of the Voting Rights
Act, to monitor and report on election
procedures in certified political
subdivisions (typically counties or
parishes).
The sole purpose of OPM’s removal of
part 801 of title 45, Code of Federal
Regulations, is to implement Congress’
repeal of the Federal examiner program
in the VRARA. This removal does not
affect the Procedures for the Voting
Rights Act promulgated by the
Department of Justice (DOJ), parts 51
E:\FR\FM\07APR1.SGM
07APR1
18716
Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules and Regulations
have taken additional steps to effectuate
the conclusion of the Federal examiner
program. By letter dated May 1, 2007,
the Chief of the Voting Section, DOJ,
notified the five States affected by the
end of the Federal examiner program
(Alabama, Georgia, Mississippi,
Louisiana, and South Carolina) that
enactment of the VRARA had ended the
program and enclosed, for each State, a
final listing of remaining eligible voters
listed by Federal examiners. The DOJ
letter informed these States that final
responsibility for making
determinations on whether these
Federally listed voters remain eligible in
accordance with voter qualifications
prescribed by State law and consistent
with the Constitution and laws of the
United States now rests with these
States and their counties or parishes.
Similarly, by letters dated May 17 or 18,
2007, OPM notified affected counties
and parishes in those States that the
Federal examiner program had ended
and enclosed a copy of the DOJ letter to
the respective State. OPM has also
returned all unprocessed requests from
counties and parishes to remove names
from Federal examiner lists.
and 55 of title 28, Code of Federal
Regulations.
Congressional Hearings on
Reauthorization and Amendment
The Voting Rights Act—Generally
With various provisions of the Voting
Rights Act, including those establishing
the Federal examiner program (sections
6, 7, and 9), scheduled to expire in
2007, Congress held hearings in 2005
and 2006 on reauthorization and
amendment of the Voting Rights Act.
During these hearings, Congress heard
testimony from voting rights experts and
representatives from OPM and DOJ who
had worked with and supported the
Federal examiner program.
Congressional testimony revealed that
Federal examiners had not been used to
list eligible voters since 1983 and
enactment of the National Voter
Registration Act of 1993 (NVRA), Public
Law 103–31, and the Help America Vote
Act of 2002 (HAVA), Public Law 107–
252, has significantly improved voter
registration. Under the NVRA, States are
required to make registration materials
available at all driver’s license offices,
public benefits offices, and other social
service agencies. States are also required
to maintain voter registration lists for
Federal elections in accordance with
standards set out by the NVRA. Under
HAVA, States are required to meet
minimum standards with regard to
updating voting equipment,
administering provisional balloting, and
maintaining one centrally located
Statewide voter registration list.
Therefore, in the final version of the bill
to reauthorize and amend the Voting
Rights Act (H.R. 9), Congress chose to
include provisions to repeal sections 6,
7, and 9 and remove all references to
Federal examiners. See H. Rept. 109–
478, 2d Sess., at 61–62 (2006).
Executive Order 12866, Regulatory
Review
Repeal of Authority for the Federal
Examiner Program and Attendant
Regulations
This rule has been reviewed by the
Office of Management and Budget in
accordance with Executive Order 12866.
On July 27, 2006, the President signed
the VRARA into law, thereby repealing
sections 6, 7 and 9 of the Voting Rights
Act and eliminating the Federal
examiner program. Section 9 had
previously provided the statutory
authority for OPM to promulgate
regulations prescribing the times,
places, manner and procedures for the
listing and removal of the names of
persons on voter eligibility lists.
Therefore, OPM is no longer authorized
to maintain part 801 of title 45, Code of
Federal Regulations.
List of Subjects in 45 CFR Part 801
Conclusion of the Federal Examiner
Program
PART 801—[REMOVED]
The Voting Rights Act, signed by
President Lyndon B. Johnson on August
6, 1965, and amended in 1970, 1975,
1982, 1992, and 2006, enforces the
permanent guarantee of the Fifteenth
Amendment to the Constitution that no
person shall be denied the right to vote
on account of race or color, among other
protections. In addition, the Voting
Rights Act contains several special
temporary provisions that impose more
stringent requirements on covered
jurisdictions in certain areas of the
country and provides protections for
designated language minority groups.
Under the Voting Rights Act, DOJ is
responsible for enforcement and OPM is
responsible for providing Federal
observers to monitor and report on the
election process in areas designated by
the Attorney General or a Federal court.
Prior to enactment of the VRARA, the
Voting Rights Act authorized the
Attorney General to request that OPM
assign Federal examiners to certified
jurisdictions to ensure that legally
qualified persons were free to register
for Federal, State, and local elections.
rfrederick on PROD1PC67 with RULES
The Federal Examiner Program
Sections 6, 7, and 9 of the Voting
Rights Act, previously codified at 42
U.S.C. 1973d, 1973e, and 1973g (2005),
established the Federal examiner
program. Under this program, persons
in covered political subdivisions could
attest to their eligibility to vote in
Federal, State, and local elections by
applying to a Federal examiner when
such an examiner had been designated
to serve in the jurisdiction. The
examiner would, in turn, assess the
applicant’s voter qualifications as
prescribed by State law and consistent
with the Constitution and laws of the
United States, and—if the person were
eligible—instruct the voter’s county/
parish to include him/her on its voter
rolls. Such voters could then not be
removed from local voter rolls unless
and until approval had been obtained
from the Federal examiner. The OPM
(formerly the Civil Service Commission)
was responsible for administering the
program and was authorized to
promulgate regulations prescribing the
times, places, manner and procedures
for the listing and removal of the names
of persons on voter eligibility lists. In
accordance with this responsibility,
OPM promulgated regulations for the
Federal examiner program at part 801 of
title 45, Code of Federal Regulations.
VerDate Aug<31>2005
15:06 Apr 04, 2008
Jkt 214001
Removal of part 801 of title 45, Code
of Federal Regulations, is consistent
with repeal of authority for the Federal
examiner program. The DOJ and OPM
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Regulatory Flexibility Act
I certify that this regulation will not
have a significant economic impact on
a substantial number of small entities
because it pertains only to the removal
of regulatory language made obsolete in
2006 by the enactment of Public Law
109–246.
Public welfare, Voting Rights
Program.
Office of Personnel Management.
Linda M. Springer,
Director.
Therefore, under the authority of the
Fannie Lou Hamer, Rosa Parks, and
Coretta Scott King Voting Rights Act
Reauthorization and Amendments Act
of 2006, OPM removes part 801.
I
[FR Doc. E8–7142 Filed 4–4–08; 8:45 am]
BILLING CODE 6325–38–P
E:\FR\FM\07APR1.SGM
07APR1
]]>Agencies
[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Rules and Regulations]
[Pages 18715-18716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7142]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
45 CFR Part 801
RIN 3206-AL40
Voting Rights Program
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is removing part 801
of title 45, Code of Federal Regulations, Voting Rights Program, which
prescribes the times, places, manner and procedures for the listing and
removal of the names of persons on voter eligibility lists in
accordance with sections 6, 7, and 9 of the Voting Rights Act of 1965.
Enactment of Public Law 109-246, the Fannie Lou Hamer, Rosa Parks, and
Coretta Scott King Voting Rights Reauthorization and Amendments Act of
2006 repealed sections 6, 7, and 9 of the Voting Rights Act of 1965,
which included the statutory authority for OPM's promulgation of these
regulations (Pub. L. 109-246, Section 3. Changes relating to use of
examiners and observers. ``(c) Repeal of Sections Relating to
Examiners.--Sections 6, 7, and 9 of the Voting Rights Act of 1965 (42
U.S.C. 1973d, 1973e and 1973g) are repealed.''). Therefore, OPM is no
longer authorized to maintain these regulations.
DATES: Effective date: April 7, 2008. Comment date: Submit comments on
or before June 6, 2008.
ADDRESSES: Send or deliver written comments to Chris Hammond, Voting
Rights Program Manager, Office of Personnel Management, 1900 E Street,
NW., Room 2469R, Washington, DC 20415; by FAX to (202) 606-0398; or by
e-mail to Chris.Hammond@opm.gov.
FOR FURTHER INFORMATION CONTACT: Chris Hammond by telephone at (202)
606-5262; by FAX at (202) 606-0398; or by e-mail at
Chris.Hammond@opm.gov.
SUPPLEMENTARY INFORMATION: On July 27, 2006, the President signed the
Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act
Reauthorization and Amendments Act of 2006 (VRARA), Public Law 109-246,
into law. The VRARA reauthorized many of the temporary provisions of
the Voting Rights Act of 1965, Public Law 89-110, for an additional 25
years, but repealed sections 6, 7, and 9, which had authorized the
Federal examiner program. Additionally, the VRARA amended other
sections of the Voting Rights Act by removing all references to Federal
examiners.
Purpose and Scope
The Voting Rights Act, as reauthorized and amended by the VRARA,
continues in full force and effect to prohibit discrimination in voting
on the basis of race or color and to provide protections for designated
language minority groups. The Office of Personnel Management (OPM) will
continue to assign, at the request of the Attorney General, Federal
observers under the authority of the Voting Rights Act, to monitor and
report on election procedures in certified political subdivisions
(typically counties or parishes).
The sole purpose of OPM's removal of part 801 of title 45, Code of
Federal Regulations, is to implement Congress' repeal of the Federal
examiner program in the VRARA. This removal does not affect the
Procedures for the Voting Rights Act promulgated by the Department of
Justice (DOJ), parts 51
[[Page 18716]]
and 55 of title 28, Code of Federal Regulations.
The Voting Rights Act--Generally
The Voting Rights Act, signed by President Lyndon B. Johnson on
August 6, 1965, and amended in 1970, 1975, 1982, 1992, and 2006,
enforces the permanent guarantee of the Fifteenth Amendment to the
Constitution that no person shall be denied the right to vote on
account of race or color, among other protections. In addition, the
Voting Rights Act contains several special temporary provisions that
impose more stringent requirements on covered jurisdictions in certain
areas of the country and provides protections for designated language
minority groups. Under the Voting Rights Act, DOJ is responsible for
enforcement and OPM is responsible for providing Federal observers to
monitor and report on the election process in areas designated by the
Attorney General or a Federal court. Prior to enactment of the VRARA,
the Voting Rights Act authorized the Attorney General to request that
OPM assign Federal examiners to certified jurisdictions to ensure that
legally qualified persons were free to register for Federal, State, and
local elections.
The Federal Examiner Program
Sections 6, 7, and 9 of the Voting Rights Act, previously codified
at 42 U.S.C. 1973d, 1973e, and 1973g (2005), established the Federal
examiner program. Under this program, persons in covered political
subdivisions could attest to their eligibility to vote in Federal,
State, and local elections by applying to a Federal examiner when such
an examiner had been designated to serve in the jurisdiction. The
examiner would, in turn, assess the applicant's voter qualifications as
prescribed by State law and consistent with the Constitution and laws
of the United States, and--if the person were eligible--instruct the
voter's county/parish to include him/her on its voter rolls. Such
voters could then not be removed from local voter rolls unless and
until approval had been obtained from the Federal examiner. The OPM
(formerly the Civil Service Commission) was responsible for
administering the program and was authorized to promulgate regulations
prescribing the times, places, manner and procedures for the listing
and removal of the names of persons on voter eligibility lists. In
accordance with this responsibility, OPM promulgated regulations for
the Federal examiner program at part 801 of title 45, Code of Federal
Regulations.
Congressional Hearings on Reauthorization and Amendment
With various provisions of the Voting Rights Act, including those
establishing the Federal examiner program (sections 6, 7, and 9),
scheduled to expire in 2007, Congress held hearings in 2005 and 2006 on
reauthorization and amendment of the Voting Rights Act. During these
hearings, Congress heard testimony from voting rights experts and
representatives from OPM and DOJ who had worked with and supported the
Federal examiner program. Congressional testimony revealed that Federal
examiners had not been used to list eligible voters since 1983 and
enactment of the National Voter Registration Act of 1993 (NVRA), Public
Law 103-31, and the Help America Vote Act of 2002 (HAVA), Public Law
107-252, has significantly improved voter registration. Under the NVRA,
States are required to make registration materials available at all
driver's license offices, public benefits offices, and other social
service agencies. States are also required to maintain voter
registration lists for Federal elections in accordance with standards
set out by the NVRA. Under HAVA, States are required to meet minimum
standards with regard to updating voting equipment, administering
provisional balloting, and maintaining one centrally located Statewide
voter registration list. Therefore, in the final version of the bill to
reauthorize and amend the Voting Rights Act (H.R. 9), Congress chose to
include provisions to repeal sections 6, 7, and 9 and remove all
references to Federal examiners. See H. Rept. 109-478, 2d Sess., at 61-
62 (2006).
Repeal of Authority for the Federal Examiner Program and Attendant
Regulations
On July 27, 2006, the President signed the VRARA into law, thereby
repealing sections 6, 7 and 9 of the Voting Rights Act and eliminating
the Federal examiner program. Section 9 had previously provided the
statutory authority for OPM to promulgate regulations prescribing the
times, places, manner and procedures for the listing and removal of the
names of persons on voter eligibility lists. Therefore, OPM is no
longer authorized to maintain part 801 of title 45, Code of Federal
Regulations.
Conclusion of the Federal Examiner Program
Removal of part 801 of title 45, Code of Federal Regulations, is
consistent with repeal of authority for the Federal examiner program.
The DOJ and OPM have taken additional steps to effectuate the
conclusion of the Federal examiner program. By letter dated May 1,
2007, the Chief of the Voting Section, DOJ, notified the five States
affected by the end of the Federal examiner program (Alabama, Georgia,
Mississippi, Louisiana, and South Carolina) that enactment of the VRARA
had ended the program and enclosed, for each State, a final listing of
remaining eligible voters listed by Federal examiners. The DOJ letter
informed these States that final responsibility for making
determinations on whether these Federally listed voters remain eligible
in accordance with voter qualifications prescribed by State law and
consistent with the Constitution and laws of the United States now
rests with these States and their counties or parishes. Similarly, by
letters dated May 17 or 18, 2007, OPM notified affected counties and
parishes in those States that the Federal examiner program had ended
and enclosed a copy of the DOJ letter to the respective State. OPM has
also returned all unprocessed requests from counties and parishes to
remove names from Federal examiner lists.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it pertains
only to the removal of regulatory language made obsolete in 2006 by the
enactment of Public Law 109-246.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
List of Subjects in 45 CFR Part 801
Public welfare, Voting Rights Program.
Office of Personnel Management.
Linda M. Springer,
Director.
0
Therefore, under the authority of the Fannie Lou Hamer, Rosa Parks, and
Coretta Scott King Voting Rights Act Reauthorization and Amendments Act
of 2006, OPM removes part 801.
PART 801--[REMOVED]
[FR Doc. E8-7142 Filed 4-4-08; 8:45 am]
BILLING CODE 6325-38-P
