Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and Subcontractors, 72703-72704 [2014-28723]

Agencies

• DEPARTMENT OF LABOR
• Office of Federal Contract Compliance Programs

[Federal Register Volume 79, Number 235 (Monday, December 8, 2014)]
[Proposed Rules]
[Pages 72703-72704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28723]


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DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs

RIN 1250-AA07


Prohibiting Discrimination Based on Sexual Orientation and Gender 
Identity by Contractors and Subcontractors

AGENCY: Office of Federal Contract Compliance Programs, Labor.

ACTION: Notice.

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SUMMARY: As a part of its continuing effort to reduce paperwork and 
respondent burdens, the Department of Labor (DOL) conducts a pre-
clearance consultation program to provide the general public and 
Federal agencies with an opportunity to comment on collections of 
information in accordance with the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3505(c)(2)(A). The program helps to ensure that 
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 the collection requirements on 
respondents can be properly assessed.
    The Department notes that a Federal agency cannot conduct or 
sponsor a collection of information unless it is approved by the Office 
of Management and Budget (OMB) under the PRA, and displays a currently 
valid OMB control number, and the public is not required to respond to 
a collection of information unless it displays a currently valid OMB 
number. Notwithstanding any other provisions of law, no person shall be 
subject to penalty for failing to comply with a collection of 
information if the collection of information does not display a 
currently valid OMB control number. See 5 CFR 1230.5(a) and 1320.6.

DATES: Written comments must be submitted by February 6, 2015.

ADDRESSES: You may submit comments, identified by Control Number 1250-
0NEW, by either one of the following methods:
    Electronic comments: Through the Federal eRulemaking Portal at 
https://www.regulations.gov. Follow the instructions for submitting 
comments.
    Mail, Hand Delivery, Courier: Address comments to Debra Carr, 
Director, Division of Policy, and Program Development, Office of 
Federal Contract Compliance Programs, 200 Constitution Avenue NW., Room 
C3325, Washington, DC 20210. Telephone: (202) 693-0103 (voice) or (202) 
693-1337 (TTY).
    Instructions: Please submit one copy of your comments by only one 
method. All submissions received must include the agency name and OMB 
control number identified above for this information collection. 
Because we continue to experience delays in receiving mail in the 
Washington, DC area, commenters are strongly encouraged to either 
transmit their comments electronically via the regulations.gov Web site 
or mail their comments early to ensure that they are timely received. 
Comments, including any personal information provided, become a matter 
of public record and will be posted to the regulations.gov Web site. 
They will also be summarized and/or included in the request for Office 
of Management and Budget approval of the information collection 
request.

FOR FURTHER INFORMATION CONTACT: Debra Carr, Director, Division of 
Policy, and Program Development, Office of Federal Contract Compliance 
Programs, 200 Constitution Avenue NW., Room C-3325, Washington, DC 
20210. Telephone: (202) 693-0103 (voice) or (202) 693-1337 (TTY) (these 
are not toll-free numbers). Copies of this notice may be obtained in 
alternative formats (e.g., Large Print, Braille, Audio Tape or Disc), 
upon request, by calling (202) 693-0103 (not a toll-free number). TTY/
TDD callers may call (202) 693-1337 (not a toll-free number) to obtain 
information or request materials in alternative formats.

SUPPLEMENTARY INFORMATION: 
    I. Background: On July 21, 2014 President Obama issued Executive 
Order 13672, titled ``Further Amendments to Executive Order 11478, 
Equal Employment Opportunity in the Federal Government and Executive 
Order 11246, Equal Employment Opportunity.'' Executive Order 13672 
amends Executive Order 11246 and directs DOL to prepare regulations to 
implement its requirements. Concurrent with this Notice, DOL is 
publishing a final rule implementing Executive Order 13672, which 
amended the existing regulations implementing Executive Order 11246 by 
substituting ``sex, sexual orientation, gender identity, or national 
origin'' for ``sex or national origin'' wherever the list of bases upon 
which Federal contractors are prohibited from discriminating against 
job applicants and employees appeared.\1\ Among other things, these 
regulations set forth information disclosure and reporting requirements 
for covered Federal contractors, subcontractors, and federally assisted 
construction contractors and subcontractors. Information collection 
requirements addressed in this rule include modified language in the 
equal opportunity clause that contractors \2\ must use in covered 
subcontracts and purchase orders; modified language that contractors 
must use in job advertisements and employment solicitations; and a 
modification to the requirement that a contractor report to the 
Department of State and OFCCP when their employees or prospective 
employees are denied a visa or entry to a country in which or with 
which it is doing business, and it believes the denial is due to a 
basis covered by Executive Order 11246, as amended by Executive Order 
13672.
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    \1\ While the text of 41 CFR 60-1.11 contains the full list of 
protected characteristics, that section has been indefinitely 
suspended as per Notice of Further Deferral of Effective Dates of 
Regulations, 46 FR 18951 (Mar. 27, 1981) and Payment of Membership 
Fees and Other Expenses to Private Organizations; Proposed Rule 
Withdrawal, 46 FR 19004 (Mar. 27, 1981), and thus cannot be amended.
    \2\ Unless otherwise stated, the term ``contractor'' includes 
both ``contractors'' and ``subcontractors,'' and the term 
``contract'' also includes ``subcontracts.''
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    Current Action: Pursuant to the PRA implementing regulations at 5 
CFR 1320.8(d)(1), this notice requests comments on the information 
collection request discussed above in the Background section of this 
notice. Interested parties are encouraged to provide comments to the 
individual identified in the ADDRESSES section above. In addition to 
having a 60-day opportunity to file comments with the Department, 
written comments under the PRA about the information collection 
requirements may be addressed to the OMB. Comments to the OMB should be 
directed to: Office of Information and Regulatory Affairs, Attention 
OMB Desk Officer for the DOL-OS, Office of Management and Budget, Room 
10235, Washington, DC

[[Page 72704]]

20503; You can submit comments to OMB by email at 
OIRA_submission@omb.eop.gov. The OMB will consider all written comments 
it receives within 30 days of publication of this notice.
    II. Desired Focus of Comments: DOL and OMB are particularly 
interested in comments which:
     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.
    Agency: Office of Federal Contract Compliance Programs.
    Type of Review: New Collection.
    Title of Collection: Prohibiting Discrimination Based on Sexual 
Orientation and Gender Identity by Contractors and Subcontractors.
    OMB Control Number: 1250--0NEW.
    Affected Public: Private Sector--Business.
    Estimated Number of Respondents: 100,000.
    Frequency: On occasion.
    Estimated Total Annual Burden Hours: 38,769.
    Total estimated Annual Cost Burden (excluding hour monetization): 
$0.
    Comments submitted in response to this notice will be summarized 
and may be included in the request for OMB approval of the final 
information collection request. The comments will become a matter of 
public record.

    Signed at Washington, DC, this 3rd day of December, 2014.
Patricia A. Shiu,
Director, Office of Federal Contract Compliance Programs.
[FR Doc. 2014-28723 Filed 12-5-14; 8:45 am]
BILLING CODE 4510-CM-P