Proposed Collection; Comment Request, 5536-5539 [2024-01682]
Download as PDF
5536
Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Notices
3. Expenditure Limitation for President
The national party committees have
an expenditure limitation for their
general election nominee for President.
52 U.S.C. 30116(d)(2). The formula used
to calculate the Presidential expenditure
limitation considers not only the price
index but also the total VAP of the
United States. Id. The VAP figure used
to calculate the expenditure limitation
was certified by the U.S. Census Bureau.
The VAP of the United States is also
published annually in the Federal
Register by the U.S. Department of
Commerce. 11 CFR 110.18. The formula
used to calculate this expenditure
limitation is $0.02 multiplied by the
total VAP of the United States
(262,083,034), multiplied by the
difference in the price index, 6.17976.
See 52 U.S.C. 30116(c)(1)(B), (d)(2); 11
CFR 109.32(a)(2), 110.17. Amounts are
rounded to the nearest $100. 52 U.S.C.
30116(c)(1)(B)(iii); 11 CFR 109.32(a)(2),
110.17(c). Based upon this formula, the
expenditure limitation for 2024
Presidential nominees is $32,392,200.
Limitations on Contributions by
Individuals, Non-Multicandidate
Committees and Certain Political Party
Committees Giving to U.S. Senate
Candidates for the 2023–2024 Election
Cycle
For the convenience of the readers,
the Commission is also republishing the
contribution limitations for individuals,
non-multicandidate committees and for
certain political party committees giving
to U.S. Senate candidates and national
party committees for the 2023–2024
election cycle:
Statutory provision
Statutory amount
52 U.S.C. 30116(a)(1)(A) ............................................................................................................................
52 U.S.C. 30116(a)(1)(B) ............................................................................................................................
52 U.S.C. 30116(h) ......................................................................................................................................
Lobbyist Bundling Disclosure
Threshold for 2024
FEDERAL HOUSING FINANCE
AGENCY
The Act requires certain political
committees to disclose contributions
bundled by lobbyists/registrants and
lobbyist/registrant political action
committees once the contributions
exceed a specified threshold amount. 52
U.S.C. 30104(i)(1), (i)(3)(A). The
Commission must adjust this threshold
amount annually to account for
inflation. 52 U.S.C. 30104(i)(3)(B). The
disclosure threshold is increased by
multiplying the $15,000 statutory
disclosure threshold by 1.51143, the
difference between the price index, as
certified to the Commission by the
Secretary of Labor, for the 12 months
preceding the beginning of the calendar
year and the price index for the base
period (calendar year 2006). See 52
U.S.C. 30104(i)(3), 30116(c)(1)(B); 11
CFR 104.22(g). The resulting amount is
rounded to the nearest multiple of $100.
52 U.S.C. 30104(i)(3)(B),
30116(c)(1)(B)(iii); 11 CFR 104.22(g)(4).
Based upon this formula ($15,000 ×
1.51143), the lobbyist bundling
disclosure threshold for calendar year
2024 is $22,700.
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On behalf of the Commission.
Dated: January 23, 2024.
Sean J. Cooksey,
Chairman, Federal Election Commission.
[FR Doc. 2024–01623 Filed 1–26–24; 8:45 am]
BILLING CODE 6715–01–P
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[No. 2024–N–2]
Proposed Collection; Comment
Request
Federal Housing Finance
Agency.
ACTION: Contractor Workforce Inclusion
Good Faith Efforts—30-day notice of
submission of information collection for
approval from Office of Management
and Budget.
AGENCY:
In accordance with the
requirements of the Paperwork
Reduction Act of 1995 (PRA), the
Federal Housing Finance Agency (FHFA
or the Agency) is seeking public
comments concerning an information
collection known as ‘‘Contractor
Workforce Inclusion Good Faith
Efforts,’’ which has been assigned
control number 2590–0016 by the Office
of Management and Budget (OMB).
FHFA intends to submit the information
collection to OMB for review and
approval of a three-year extension of the
control number, which is due to expire
on January 31, 2024.
DATES: Interested persons may submit
comments on or before February 28,
2024.
SUMMARY:
Submit comments to the
Office of Information and Regulatory
Affairs of the Office of Management and
Budget, Attention: Desk Officer for the
Federal Housing Finance Agency,
Washington, DC 20503, Fax: (202) 395–
3047, Email: OIRA_submission@
omb.eop.gov. Please also submit
comments to FHFA, identified by
‘‘Proposed Collection; Comment
Request: ‘Contractor Workforce
ADDRESSES:
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$2,000
25,000
35,000
2023–2024 limit
$3,300
41,300
57,800
Inclusion Good Faith Efforts, (No. 2024–
N–2)’ ’’ by any of the following methods:
• Agency Website: www.fhfa.gov/
open-for-comment-or-input.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments. If
you submit your comment to the
Federal eRulemaking Portal, please also
send it by email to FHFA at
RegComments@fhfa.gov to ensure
timely receipt by the agency.
• Mail/Hand Delivery: Federal
Housing Finance Agency, Office of
General Counsel, 400 Seventh Street
SW, Washington, DC 20219,
ATTENTION: Proposed Collection;
Comment Request: ‘‘Contractor
Workforce Inclusion Good Faith Efforts,
(No. 2024–N–2).’’
We will post all public comments we
receive without change, including any
personal information you provide, such
as your name and address, email
address, and telephone number, on the
FHFA website at https://www.fhfa.gov.
Copies of all comments received will be
available for examination by the public
through the electronic comment docket
for this PRA Notice also located on the
FHFA website.
FOR FURTHER INFORMATION CONTACT:
Takisha Koonce, Office of Minority and
Women Inclusion, Takisha.Koonce@
fhfa.gov, (202) 649–3740; Brent Burris,
Associate General Counsel,
Brent.Burris@fhfa.gov, (202) 731–1083;
or Angela Supervielle, Counsel,
Angela.Supervielle@fhfa.gov, (202) 649–
3973 (these are not toll-free numbers);
Federal Housing Finance Agency, 400
Seventh Street SW, Washington, DC
20219. For TTY/TRS users with hearing
and speech disabilities, dial 711 and ask
to be connected to any of the contact
numbers above.
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SUPPLEMENTARY INFORMATION:
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A. Paperwork Reduction Act
Under the PRA (44 U.S.C. 3501–
3520), Federal agencies must obtain
approval from OMB for each collection
of information they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) FHFA’s collection of
information set forth in this document
is titled ‘‘Contractor Workforce
Inclusion Good Faith Efforts’’ (assigned
control number 2590–0016 by OMB). To
comply with the PRA requirement,
FHFA is publishing notice of a proposed
three-year extension of this collection of
information, which is due to expire on
January 31, 2024.
B. Background
Section 342(a)(1)(A) of the DoddFrank Wall Street Reform and Consumer
Protection Act of 2010 (the Dodd-Frank
Act) requires FHFA and certain other
Federal agencies each to establish an
Office of Minority and Women
Inclusion (OMWI) responsible for all
matters of the agency relating to
diversity in management, employment,
and business activities.1 Section
342(c)(1) requires the OMWI Director at
each agency to develop and implement
standards and procedures to ensure, to
the maximum extent possible, the fair
inclusion and utilization of minorities,
women, and minority- and womenowned businesses in all business and
activities of the agency at all levels,
including in procurement, insurance,
and all types of contracts. Section
342(c)(2) requires that the OMWI
Director include in the agency’s
procedures for evaluating contract
proposals and hiring service providers a
component that gives consideration to
the diversity of an applicant, to the
extent consistent with applicable law.
That statutory provision also requires
that each agency’s procedures include a
written statement that a contractor shall
ensure, to the maximum extent possible,
the fair inclusion of women and
minorities in the workforce of the
contractor and, as applicable,
subcontractors.
Further, section 342(c)(3)(A) of the
Dodd-Frank Act requires that each
agency’s standards and procedures
include a procedure for determining
whether an agency contractor or
subcontractor has failed to make a good
faith effort to include minorities and
women in its workforce. If the OMWI
Director determines that a contractor or
subcontractor has failed to make such a
good faith effort, section 342(c)(3)(B)(i)
1 12
U.S.C. 5452.
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provides that the OMWI Director shall
recommend to the agency administrator
that the contract be terminated. Section
342(c)(3)(B)(ii) provides that, upon
receipt of such a recommendation, the
agency administrator may either
terminate the contract, make a referral to
the Office of Federal Contract
Compliance Programs (OFCCP) of the
Department of Labor, or take other
appropriate action.
As a means of implementing the
requirements of section 342(c) of the
Dodd-Frank Act, FHFA developed a
Minority and Women Inclusion Clause
(MWI Clause) that it includes in Agency
contracts with a dollar value greater
than $150,000. The MWI Clause
requires a contractor to confirm its
commitment to equal opportunity in
employment and contracting, and to
implement that commitment by
ensuring, to the maximum extent
possible consistent with applicable law,
the fair inclusion of minorities and
women in its workforce. The MWI
Clause also requires that a contractor
include the substance of the MWI
Clause in all subcontracts with a dollar
value greater than $150,000 awarded
under the contract. (Hereinafter,
contractors that are subject to the MWI
Clause and subcontractors that are
subject to a similar clause required to be
included in a subcontract are referred to
as ‘‘covered’’ contractors and
subcontractors.)
Finally, the MWI Clause requires a
contractor to provide, when requested
by FHFA, documentation demonstrating
that the contractor, as well as any
covered subcontractor has made a good
faith effort to ensure the fair inclusion
of minorities and women in its
workforce. The MWI Clause provides
that such documentation may include,
but is not limited to: (1) the contractor’s
total number of employees, and the
number of minority and women
employees, by race, ethnicity, and
gender (e.g., an EEO–1 Employer
Information Report (Form EEO–1)); (2) a
list of the subcontracts the contractor
awarded including the dollar amount,
date of the award, and the ownership
status of the subcontractor by race,
ethnicity, and/or gender; (3) information
similar to that required under the first
item above for each subcontractor; and
(4) the contractor’s plan to ensure that
minorities and women have appropriate
opportunities to enter and advance
within its workforce, including outreach
efforts (hereinafter, a ‘‘workforce
inclusion plan’’). A request for
documentation by FHFA pursuant to
this provision of the MWI Clause
constitutes a ‘‘collection of information’’
within the meaning of the PRA.
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On March 9, 2018, FHFA finalized its
‘‘Policy Establishing Procedures to
Determine Compliance by Contractors
with the Minority and Women Inclusion
Contract Clause’’ (Good Faith Efforts
Policy (GFEP)), which establishes a
process to determine whether covered
contractors or subcontractors are making
good faith efforts to ensure the fair
inclusion of minorities and women in
their respective workforces. The GFEP
ensures transparency, clarity, and
consistency in the good faith effort
review process. Covered contractors
agree to provide documentation of the
good faith effort they have made in
support of this commitment within 10
business days after a request from
FHFA. According to the GFEP, ‘‘OMWI
will rely on the conclusions of a prior
GFE review if OMWI conducted that
review within the past two fiscal years.’’
C. Need For and Use of the Information
Collection
The purpose of this information
collection is to fulfill the requirements
of section 342(c) of the Dodd-Frank Act.
The collected information allows
FHFA’s OMWI Director to determine
whether covered contractors and
subcontractors have complied with their
contractual obligations to make good
faith efforts to ensure, to the maximum
extent possible consistent with
applicable law, the fair inclusion of
minorities and women in their
respective workforces.
D. Burden Estimate
FHFA estimates that the average
annual burden imposed on all
respondents by this information
collection over the next three years will
be 725 hours. Because, as explained
below, the amount of burden imposed
upon a contractor by this information
collection will differ depending upon
whether the contractor has 50 or more
employees, FHFA has based its total
burden estimate on two separate sets of
calculations—(1) one for contractors and
subcontractors with 50 or more
employees (30 hours); and (2) another
for contractors and subcontractors with
fewer than 50 employees (695 hours).
FHFA includes the MWI Clause in
Agency contracts with a dollar value
greater than $150,000. Under the MWI
Clause, FHFA may also request
information about covered
subcontractors’ ownership status,
workforce demographics, and workforce
inclusion plans. Contractors would
request this information from their
covered subcontractors, who, because
the substance of the MWI Clause would
be included in their subcontracts, would
have a contractual obligation to keep
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records and report data as required
under the MWI Clause.
FHFA data on the dollar value of
contracts awarded by the Agency from
the beginning of fiscal year 2020
through fiscal year 2023 shows that 165
contractors were subject to the MWI
Clause. FHFA believes that 85 of those
contractors have 50 or more employees,
while 80 contractors have fewer than 50
employees. FHFA estimates that no
more than two subcontracts with a
dollar value of $150,000 or more were
awarded by Agency contractors during
that same time period. Both of those
subcontractors have 50 or more
employees each. Thus, over the
preceding three years, a total of 167
contractors and subcontractors were
subject to the MWI Clause—87 of which
have 50 or more employees and 80 of
which have fewer than 50 employees.
Based on these figures, FHFA
estimates that, on average over the next
three years, 87 contractors and
subcontractors with 50 or more
employees and 80 contractors or
subcontractors with fewer than 50
employees will be subject to the MWI
Clause at any given time. As mentioned
above, the GFEP provides that OMWI
will rely on the conclusions of a prior
GFE review if OMWI conducted that
review within the past two fiscal years.
Accordingly, a covered contractor or
subcontractor is required to submit new
information only once within any threeyear period.
ddrumheller on DSK120RN23PROD with NOTICES1
(1) Documentation Submitted by
Contractors With 50 or More Employees
FHFA estimates that the average
annual burden on contractors with 50 or
more employees will be 30 hours (0
recordkeeping hours + 30 reporting
hours). Because Federal contractors
with 50 or more employees are already
required to maintain the same types of
records that may be requested pursuant
to the MWI Clause under regulations
implementing Title VII of the Civil
Rights Act of 1964 2 and Executive
Order 11246 (E.O. 11246),3 this
information collection does not impose
additional recordkeeping burdens on
such contractors and subcontractors.
FAR 52.222–26, Equal Opportunity,
requires that such contractors’ contracts
and subcontracts include a clause
implementing E.O. 11246. OFCCP
regulations require each contractor with
50 or more employees and a Federal
contract or subcontract of $50,000 or
more to maintain records on the race,
ethnicity, gender, and EEO–1 job
category of each employee.4 OFCCP
regulations also require each such
contractor to: (1) demonstrate that it has
made a good faith effort to remove
identified barriers, expand employment
opportunities, and produce measurable
results; 5 and (2) develop and maintain
a written program summary describing
the policies, practices, and procedures
that the contractor uses to ensure that
applicants and employees received
equal opportunities for employment and
advancement.6 In lieu of creating and
maintaining a separate workforce
inclusion plan to submit in satisfaction
of the MWI Clause, a contractor or
subcontractor with 50 or more
employees could submit the written
program summary that it is already
required to maintain under the OFCCP
regulations to demonstrate its good faith
efforts to ensure the fair inclusion of
minorities and women in its workforce.
With respect to reporting burden,
FHFA estimates that it will take each
contractor or subcontractor with 50 or
more employees approximately one
hour to retrieve, review, and submit the
documentation specified in the MWI
Clause. Thus, the estimate of the
triennial burden upon contractors or
subcontractors with 50 or more
employees associated with reporting
requirements under this information
collection is 87 hours (87 respondents x
1 hour per respondent) and the annual
burden is 30 hours.
(2) Documentation Submitted by
Contractors With Fewer Than 50
Employees
FHFA estimates that the average
annual burden on contractors and
subcontractors with fewer than 50
employees will be 695 hours (667
recordkeeping hours + 28 reporting
hours). OFCCP regulations require
contractors with fewer than 50
employees to maintain records on the
race, ethnicity, and gender of each
employee.7 FHFA believes that such
contractors also keep EEO–1 job
category information in the normal
course of business, despite the fact that
they are not required by law to do so.
However, contractors or subcontractors
with fewer than 50 employees may not
have the type of written program
summary that is required of larger
contractors under the OFCCP
regulations or any similar document
that could be submitted as a workforce
inclusion plan under the MWI Clause.
Accordingly, such contractors or
8 See PRA Supporting Statement for the OFCCP
Recordkeeping and Requirements-Supply and
Service Program, OMB Control No. 1250–0003, at
https://www.reginfo.gov/public/do/
PRAViewDocument?ref_nbr=201906-1250-001.
4 See
41 CFR 60–1.7.
41 CFR 60–2.17.
6 See 41 CFR 60–2.31.
7 See 41 CFR 60–3.4.
5 See
2 42
U.S.C. 2000e, et seq.
11246, 30 FR 12319 (Sept. 28, 1965).
3 E.O.
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subcontractors may need to create a
workforce inclusion plan to comply
with the MWI Clause.
In order to estimate the burden
associated with creating a workforce
inclusion plan, FHFA considered the
OFCCP’s burden estimates for the time
needed to develop the written program
summaries required under its
regulations.8 In its OMB Supporting
Statement, the OFCCP estimated that a
contractor with 1 to 100 employees
would take approximately 73 hours to
create an initial written program
summary. While the OFCCP regulations
require contractors to perform timeconsuming quantitative analyses when
developing their written program
summaries, such analyses would not be
required in connection with the creation
of a workforce inclusion plan. For this
reason, FHFA believes that a contractor
could develop a workforce inclusion
plan in about one-third of the time that
it would take to develop the written
program summary required under the
OFCCP regulations.
FHFA estimates that a contractor or
subcontractor with fewer than 50
employees would spend approximately
25 hours creating a workforce inclusion
plan for the first time. It is likely that,
going forward, many small contractors
and subcontractors will simply submit
updated versions of workforce inclusion
plans that they have submitted
previously. For purposes of this burden
estimate, however, FHFA has assumed
that all small contractors and
subcontractors will need to create a new
plan every time they are required to
submit information under the MWI
clause. This results in an estimated
average triennial recordkeeping burden
on all contractors and subcontractors
with fewer than 50 employees over the
next three years of 2,000 hours (80
respondents × 25 hours per respondent),
with an annual burden of 667 hours.
As with larger entities, FHFA
estimates that it will take each
contractor and subcontractor with fewer
than 50 employees approximately one
hour to retrieve, review, and submit the
documentation specified in the MWI
Clause. Thus, FHFA estimates that the
average triennial reporting burden on all
contractors and subcontractors with
fewer than 50 employees will be 80
hours (80 respondents × 1 hour per
respondent), with an annual burden of
28 hours.
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E. Comment Request
In accordance with the requirements
of 5 CFR 1320.8(d), FHFA published an
initial notice and request for public
comments regarding this information
collection in the Federal Register on
November 16, 2023.9 The 60-day
comment period closed on January 16,
2024. FHFA did not receive any
comments that were relevant to the
Agency’s collection of information
described in this PRA Notice.
FHFA requests written comments on
the following: (1) Whether the collection
of information is necessary for the
proper performance of FHFA functions,
including whether the information has
practical utility; (2) the accuracy of
FHFA’s estimates of the burdens of the
collection of information; (3) ways to
enhance the quality, utility, and clarity
of the information collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Shawn Bucholtz,
Chief Data Officer, Federal Housing Finance
Agency.
[FR Doc. 2024–01682 Filed 1–26–24; 8:45 am]
BILLING CODE 8070–01–P
FEDERAL RESERVE SYSTEM
Proposed Agency Information
Collection Activities; Comment
Request
Board of Governors of the
Federal Reserve System.
ACTION: Notice, request for comment.
AGENCY:
The Board of Governors of the
Federal Reserve System (Board) invites
comment on a proposal to extend for
three years, with revision, the
Government Securities Dealers Reports
(FR 2004; OMB No. 7100–0003).
DATES: Comments must be submitted on
or before March 29, 2024.
ADDRESSES: You may submit comments,
identified by FR 2004, by any of the
following methods:
• Agency Website: https://
www.federalreserve.gov/. Follow the
instructions for submitting comments at
https://www.federalreserve.gov/apps/
foia/proposedregs.aspx.
• Email: regs.comments@
federalreserve.gov. Include the OMB
number or FR number in the subject line
of the message.
• Fax: (202) 452–3819 or (202) 452–
3102.
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SUMMARY:
9 See
88 FR 78751 (Nov. 16, 2023).
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• Mail: Federal Reserve Board of
Governors, Attn: Ann E. Misback,
Secretary of the Board, Mailstop M–
4775, 2001 C St NW, Washington, DC
20551.
All public comments are available
from the Board’s website at https://
www.federalreserve.gov/apps/foia/
proposedregs.aspx as submitted, unless
modified for technical reasons or to
remove personally identifiable
information at the commenter’s request.
Accordingly, comments will not be
edited to remove any confidential
business information, identifying
information, or contact information.
Public comments may also be viewed
electronically or in paper in Room M–
4365A, 2001 C St NW, Washington, DC
20551, between 9:00 a.m. and 5:00 p.m.
on weekdays, except for Federal
holidays. For security reasons, the
Board requires that visitors make an
appointment to inspect comments. You
may do so by calling (202) 452–3684.
Upon arrival, visitors will be required to
present valid government-issued photo
identification and to submit to security
screening in order to inspect and
photocopy comments.
Additionally, commenters may send a
copy of their comments to the Office of
Management and Budget (OMB) Desk
Officer for the Federal Reserve Board,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, New Executive Office Building,
Room 10235, 725 17th Street NW,
Washington, DC 20503, or by fax to
(202) 395–6974.
FOR FURTHER INFORMATION CONTACT:
Federal Reserve Board Clearance
Officer—Nuha Elmaghrabi—Office of
the Chief Data Officer, Board of
Governors of the Federal Reserve
System, nuha.elmaghrabi@frb.gov, (202)
452–3884.
SUPPLEMENTARY INFORMATION: On June
15, 1984, OMB delegated to the Board
authority under the Paperwork
Reduction Act (PRA) to approve and
assign OMB control numbers to
collections of information conducted or
sponsored by the Board. In exercising
this delegated authority, the Board is
directed to take every reasonable step to
solicit comment. In determining
whether to approve a collection of
information, the Board will consider all
comments received from the public and
other agencies.
During the comment period for this
proposal, a copy of the proposed PRA
OMB submission, including the draft
reporting form and instructions,
supporting statement (which contains
more detail about the information
collection and burden estimates than
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5539
this notice), and other documentation,
will be made available on the Board’s
public website at https://
www.federalreserve.gov/apps/
reportingforms/home/review or may be
requested from the agency clearance
officer, whose name appears above.
Final versions of these documents will
be made available at https://
www.reginfo.gov/public/do/PRAMain, if
approved.
Request for Comment on Information
Collection Proposal
The Board invites public comment on
the following information collection,
which is being reviewed under
authority delegated by the OMB under
the PRA. Comments are invited on the
following:
a. Whether the proposed collection of
information is necessary for the proper
performance of the Board’s functions,
including whether the information has
practical utility;
b. The accuracy of the Board’s
estimate of the burden of the proposed
information collection, including the
validity of the methodology and
assumptions used;
c. Ways to enhance the quality,
utility, and clarity of the information to
be collected;
d. Ways to minimize the burden of
information collection on respondents,
including through the use of automated
collection techniques or other forms of
information technology; and
e. Estimates of capital or startup costs
and costs of operation, maintenance,
and purchase of services to provide
information.
At the end of the comment period, the
comments and recommendations
received will be analyzed to determine
the extent to which the Board should
modify the proposal.
Proposal Under OMB Delegated
Authority To Extend for Three Years,
With Revision, the Following
Information Collection
Collection title: Government
Securities Dealers Reports.
Collection identifier: FR 2004.
OMB control number: 7100–0003.
General description of collection: This
information collection is comprised of
the:
• Weekly Report of Dealer Positions
(FR 2004A),
• Weekly Report of Cumulative
Dealer Transactions (FR 2004B),
• Weekly Report of Dealer Financing
and Fails (FR 2004C),
• Weekly Report of Specific Issues
(FR 2004SI),
• Daily Report of Specific Issues (FR
2004SD),
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Agencies
[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Pages 5536-5539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01682]
=======================================================================
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FEDERAL HOUSING FINANCE AGENCY
[No. 2024-N-2]
Proposed Collection; Comment Request
AGENCY: Federal Housing Finance Agency.
ACTION: Contractor Workforce Inclusion Good Faith Efforts--30-day
notice of submission of information collection for approval from Office
of Management and Budget.
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SUMMARY: In accordance with the requirements of the Paperwork Reduction
Act of 1995 (PRA), the Federal Housing Finance Agency (FHFA or the
Agency) is seeking public comments concerning an information collection
known as ``Contractor Workforce Inclusion Good Faith Efforts,'' which
has been assigned control number 2590-0016 by the Office of Management
and Budget (OMB). FHFA intends to submit the information collection to
OMB for review and approval of a three-year extension of the control
number, which is due to expire on January 31, 2024.
DATES: Interested persons may submit comments on or before February 28,
2024.
ADDRESSES: Submit comments to the Office of Information and Regulatory
Affairs of the Office of Management and Budget, Attention: Desk Officer
for the Federal Housing Finance Agency, Washington, DC 20503, Fax:
(202) 395-3047, Email: [email protected]. Please also submit
comments to FHFA, identified by ``Proposed Collection; Comment Request:
`Contractor Workforce Inclusion Good Faith Efforts, (No. 2024-N-2)' ''
by any of the following methods:
Agency Website: www.fhfa.gov/open-for-comment-or-input.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. If you submit your
comment to the Federal eRulemaking Portal, please also send it by email
to FHFA at [email protected] to ensure timely receipt by the agency.
Mail/Hand Delivery: Federal Housing Finance Agency, Office
of General Counsel, 400 Seventh Street SW, Washington, DC 20219,
ATTENTION: Proposed Collection; Comment Request: ``Contractor Workforce
Inclusion Good Faith Efforts, (No. 2024-N-2).''
We will post all public comments we receive without change,
including any personal information you provide, such as your name and
address, email address, and telephone number, on the FHFA website at
https://www.fhfa.gov. Copies of all comments received will be available
for examination by the public through the electronic comment docket for
this PRA Notice also located on the FHFA website.
FOR FURTHER INFORMATION CONTACT: Takisha Koonce, Office of Minority and
Women Inclusion, [email protected], (202) 649-3740; Brent Burris,
Associate General Counsel, [email protected], (202) 731-1083; or
Angela Supervielle, Counsel, [email protected], (202) 649-
3973 (these are not toll-free numbers); Federal Housing Finance Agency,
400 Seventh Street SW, Washington, DC 20219. For TTY/TRS users with
hearing and speech disabilities, dial 711 and ask to be connected to
any of the contact numbers above.
[[Page 5537]]
SUPPLEMENTARY INFORMATION:
A. Paperwork Reduction Act
Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain
approval from OMB for each collection of information they conduct or
sponsor. ``Collection of information'' is defined in 44 U.S.C. 3502(3)
and 5 CFR 1320.3(c) FHFA's collection of information set forth in this
document is titled ``Contractor Workforce Inclusion Good Faith
Efforts'' (assigned control number 2590-0016 by OMB). To comply with
the PRA requirement, FHFA is publishing notice of a proposed three-year
extension of this collection of information, which is due to expire on
January 31, 2024.
B. Background
Section 342(a)(1)(A) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act of 2010 (the Dodd-Frank Act) requires FHFA and
certain other Federal agencies each to establish an Office of Minority
and Women Inclusion (OMWI) responsible for all matters of the agency
relating to diversity in management, employment, and business
activities.\1\ Section 342(c)(1) requires the OMWI Director at each
agency to develop and implement standards and procedures to ensure, to
the maximum extent possible, the fair inclusion and utilization of
minorities, women, and minority- and women-owned businesses in all
business and activities of the agency at all levels, including in
procurement, insurance, and all types of contracts. Section 342(c)(2)
requires that the OMWI Director include in the agency's procedures for
evaluating contract proposals and hiring service providers a component
that gives consideration to the diversity of an applicant, to the
extent consistent with applicable law. That statutory provision also
requires that each agency's procedures include a written statement that
a contractor shall ensure, to the maximum extent possible, the fair
inclusion of women and minorities in the workforce of the contractor
and, as applicable, subcontractors.
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\1\ 12 U.S.C. 5452.
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Further, section 342(c)(3)(A) of the Dodd-Frank Act requires that
each agency's standards and procedures include a procedure for
determining whether an agency contractor or subcontractor has failed to
make a good faith effort to include minorities and women in its
workforce. If the OMWI Director determines that a contractor or
subcontractor has failed to make such a good faith effort, section
342(c)(3)(B)(i) provides that the OMWI Director shall recommend to the
agency administrator that the contract be terminated. Section
342(c)(3)(B)(ii) provides that, upon receipt of such a recommendation,
the agency administrator may either terminate the contract, make a
referral to the Office of Federal Contract Compliance Programs (OFCCP)
of the Department of Labor, or take other appropriate action.
As a means of implementing the requirements of section 342(c) of
the Dodd-Frank Act, FHFA developed a Minority and Women Inclusion
Clause (MWI Clause) that it includes in Agency contracts with a dollar
value greater than $150,000. The MWI Clause requires a contractor to
confirm its commitment to equal opportunity in employment and
contracting, and to implement that commitment by ensuring, to the
maximum extent possible consistent with applicable law, the fair
inclusion of minorities and women in its workforce. The MWI Clause also
requires that a contractor include the substance of the MWI Clause in
all subcontracts with a dollar value greater than $150,000 awarded
under the contract. (Hereinafter, contractors that are subject to the
MWI Clause and subcontractors that are subject to a similar clause
required to be included in a subcontract are referred to as ``covered''
contractors and subcontractors.)
Finally, the MWI Clause requires a contractor to provide, when
requested by FHFA, documentation demonstrating that the contractor, as
well as any covered subcontractor has made a good faith effort to
ensure the fair inclusion of minorities and women in its workforce. The
MWI Clause provides that such documentation may include, but is not
limited to: (1) the contractor's total number of employees, and the
number of minority and women employees, by race, ethnicity, and gender
(e.g., an EEO-1 Employer Information Report (Form EEO-1)); (2) a list
of the subcontracts the contractor awarded including the dollar amount,
date of the award, and the ownership status of the subcontractor by
race, ethnicity, and/or gender; (3) information similar to that
required under the first item above for each subcontractor; and (4) the
contractor's plan to ensure that minorities and women have appropriate
opportunities to enter and advance within its workforce, including
outreach efforts (hereinafter, a ``workforce inclusion plan''). A
request for documentation by FHFA pursuant to this provision of the MWI
Clause constitutes a ``collection of information'' within the meaning
of the PRA.
On March 9, 2018, FHFA finalized its ``Policy Establishing
Procedures to Determine Compliance by Contractors with the Minority and
Women Inclusion Contract Clause'' (Good Faith Efforts Policy (GFEP)),
which establishes a process to determine whether covered contractors or
subcontractors are making good faith efforts to ensure the fair
inclusion of minorities and women in their respective workforces. The
GFEP ensures transparency, clarity, and consistency in the good faith
effort review process. Covered contractors agree to provide
documentation of the good faith effort they have made in support of
this commitment within 10 business days after a request from FHFA.
According to the GFEP, ``OMWI will rely on the conclusions of a prior
GFE review if OMWI conducted that review within the past two fiscal
years.''
C. Need For and Use of the Information Collection
The purpose of this information collection is to fulfill the
requirements of section 342(c) of the Dodd-Frank Act. The collected
information allows FHFA's OMWI Director to determine whether covered
contractors and subcontractors have complied with their contractual
obligations to make good faith efforts to ensure, to the maximum extent
possible consistent with applicable law, the fair inclusion of
minorities and women in their respective workforces.
D. Burden Estimate
FHFA estimates that the average annual burden imposed on all
respondents by this information collection over the next three years
will be 725 hours. Because, as explained below, the amount of burden
imposed upon a contractor by this information collection will differ
depending upon whether the contractor has 50 or more employees, FHFA
has based its total burden estimate on two separate sets of
calculations--(1) one for contractors and subcontractors with 50 or
more employees (30 hours); and (2) another for contractors and
subcontractors with fewer than 50 employees (695 hours).
FHFA includes the MWI Clause in Agency contracts with a dollar
value greater than $150,000. Under the MWI Clause, FHFA may also
request information about covered subcontractors' ownership status,
workforce demographics, and workforce inclusion plans. Contractors
would request this information from their covered subcontractors, who,
because the substance of the MWI Clause would be included in their
subcontracts, would have a contractual obligation to keep
[[Page 5538]]
records and report data as required under the MWI Clause.
FHFA data on the dollar value of contracts awarded by the Agency
from the beginning of fiscal year 2020 through fiscal year 2023 shows
that 165 contractors were subject to the MWI Clause. FHFA believes that
85 of those contractors have 50 or more employees, while 80 contractors
have fewer than 50 employees. FHFA estimates that no more than two
subcontracts with a dollar value of $150,000 or more were awarded by
Agency contractors during that same time period. Both of those
subcontractors have 50 or more employees each. Thus, over the preceding
three years, a total of 167 contractors and subcontractors were subject
to the MWI Clause--87 of which have 50 or more employees and 80 of
which have fewer than 50 employees.
Based on these figures, FHFA estimates that, on average over the
next three years, 87 contractors and subcontractors with 50 or more
employees and 80 contractors or subcontractors with fewer than 50
employees will be subject to the MWI Clause at any given time. As
mentioned above, the GFEP provides that OMWI will rely on the
conclusions of a prior GFE review if OMWI conducted that review within
the past two fiscal years. Accordingly, a covered contractor or
subcontractor is required to submit new information only once within
any three-year period.
(1) Documentation Submitted by Contractors With 50 or More Employees
FHFA estimates that the average annual burden on contractors with
50 or more employees will be 30 hours (0 recordkeeping hours + 30
reporting hours). Because Federal contractors with 50 or more employees
are already required to maintain the same types of records that may be
requested pursuant to the MWI Clause under regulations implementing
Title VII of the Civil Rights Act of 1964 \2\ and Executive Order 11246
(E.O. 11246),\3\ this information collection does not impose additional
recordkeeping burdens on such contractors and subcontractors. FAR
52.222-26, Equal Opportunity, requires that such contractors' contracts
and subcontracts include a clause implementing E.O. 11246. OFCCP
regulations require each contractor with 50 or more employees and a
Federal contract or subcontract of $50,000 or more to maintain records
on the race, ethnicity, gender, and EEO-1 job category of each
employee.\4\ OFCCP regulations also require each such contractor to:
(1) demonstrate that it has made a good faith effort to remove
identified barriers, expand employment opportunities, and produce
measurable results; \5\ and (2) develop and maintain a written program
summary describing the policies, practices, and procedures that the
contractor uses to ensure that applicants and employees received equal
opportunities for employment and advancement.\6\ In lieu of creating
and maintaining a separate workforce inclusion plan to submit in
satisfaction of the MWI Clause, a contractor or subcontractor with 50
or more employees could submit the written program summary that it is
already required to maintain under the OFCCP regulations to demonstrate
its good faith efforts to ensure the fair inclusion of minorities and
women in its workforce.
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\2\ 42 U.S.C. 2000e, et seq.
\3\ E.O. 11246, 30 FR 12319 (Sept. 28, 1965).
\4\ See 41 CFR 60-1.7.
\5\ See 41 CFR 60-2.17.
\6\ See 41 CFR 60-2.31.
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With respect to reporting burden, FHFA estimates that it will take
each contractor or subcontractor with 50 or more employees
approximately one hour to retrieve, review, and submit the
documentation specified in the MWI Clause. Thus, the estimate of the
triennial burden upon contractors or subcontractors with 50 or more
employees associated with reporting requirements under this information
collection is 87 hours (87 respondents x 1 hour per respondent) and the
annual burden is 30 hours.
(2) Documentation Submitted by Contractors With Fewer Than 50 Employees
FHFA estimates that the average annual burden on contractors and
subcontractors with fewer than 50 employees will be 695 hours (667
recordkeeping hours + 28 reporting hours). OFCCP regulations require
contractors with fewer than 50 employees to maintain records on the
race, ethnicity, and gender of each employee.\7\ FHFA believes that
such contractors also keep EEO-1 job category information in the normal
course of business, despite the fact that they are not required by law
to do so. However, contractors or subcontractors with fewer than 50
employees may not have the type of written program summary that is
required of larger contractors under the OFCCP regulations or any
similar document that could be submitted as a workforce inclusion plan
under the MWI Clause. Accordingly, such contractors or subcontractors
may need to create a workforce inclusion plan to comply with the MWI
Clause.
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\7\ See 41 CFR 60-3.4.
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In order to estimate the burden associated with creating a
workforce inclusion plan, FHFA considered the OFCCP's burden estimates
for the time needed to develop the written program summaries required
under its regulations.\8\ In its OMB Supporting Statement, the OFCCP
estimated that a contractor with 1 to 100 employees would take
approximately 73 hours to create an initial written program summary.
While the OFCCP regulations require contractors to perform time-
consuming quantitative analyses when developing their written program
summaries, such analyses would not be required in connection with the
creation of a workforce inclusion plan. For this reason, FHFA believes
that a contractor could develop a workforce inclusion plan in about
one-third of the time that it would take to develop the written program
summary required under the OFCCP regulations.
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\8\ See PRA Supporting Statement for the OFCCP Recordkeeping and
Requirements-Supply and Service Program, OMB Control No. 1250-0003,
at https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201906-1250-001.
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FHFA estimates that a contractor or subcontractor with fewer than
50 employees would spend approximately 25 hours creating a workforce
inclusion plan for the first time. It is likely that, going forward,
many small contractors and subcontractors will simply submit updated
versions of workforce inclusion plans that they have submitted
previously. For purposes of this burden estimate, however, FHFA has
assumed that all small contractors and subcontractors will need to
create a new plan every time they are required to submit information
under the MWI clause. This results in an estimated average triennial
recordkeeping burden on all contractors and subcontractors with fewer
than 50 employees over the next three years of 2,000 hours (80
respondents x 25 hours per respondent), with an annual burden of 667
hours.
As with larger entities, FHFA estimates that it will take each
contractor and subcontractor with fewer than 50 employees approximately
one hour to retrieve, review, and submit the documentation specified in
the MWI Clause. Thus, FHFA estimates that the average triennial
reporting burden on all contractors and subcontractors with fewer than
50 employees will be 80 hours (80 respondents x 1 hour per respondent),
with an annual burden of 28 hours.
[[Page 5539]]
E. Comment Request
In accordance with the requirements of 5 CFR 1320.8(d), FHFA
published an initial notice and request for public comments regarding
this information collection in the Federal Register on November 16,
2023.\9\ The 60-day comment period closed on January 16, 2024. FHFA did
not receive any comments that were relevant to the Agency's collection
of information described in this PRA Notice.
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\9\ See 88 FR 78751 (Nov. 16, 2023).
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FHFA requests written comments on the following: (1) Whether the
collection of information is necessary for the proper performance of
FHFA functions, including whether the information has practical
utility; (2) the accuracy of FHFA's estimates of the burdens of the
collection of information; (3) ways to enhance the quality, utility,
and clarity of the information collected; and (4) ways to minimize the
burden of the collection of information on respondents, including
through the use of automated collection techniques or other forms of
information technology.
Shawn Bucholtz,
Chief Data Officer, Federal Housing Finance Agency.
[FR Doc. 2024-01682 Filed 1-26-24; 8:45 am]
BILLING CODE 8070-01-P