Federal Contract Compliance Programs Office – Federal Register Recent Federal Regulation Documents

The Office of Federal Contract Compliance Programs (OFCCP) is issuing this Advance Notice of Proposed Rulemaking in order to invite the public to provide input on the development and implementation of a compensation data collection tool. Possible uses for the collected data include generating insight into potential problems of compensation discrimination at the establishment level that warrant further review or evaluation by OFCCP or contractor self-audit. OFCCP could use the data collected by the tool to conduct analyses at the establishment level, as well as to identify and analyze industry trends, Federal contractors' compensation practices and potential equal employment- related issues. OFCCP is issuing this Advanced Notice of Proposed Rulemaking to solicit comments from interested parties as early as possible in the development process of this new data collection tool. There will, of course, be an additional opportunity to comment following the publication of the Notice of Proposed Rulemaking. However, to maximize the opportunity to participate in the rulemaking process, OFCCP strongly encourages all interested parties to take this opportunity to submit any ideas, comments or concerns which OFCCP should consider in the course of designing this compensation data collection tool. OFCCP is especially interested in the nature of data that would be most useful for analysis, and any practical implementation issues.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95). 44 U.S.C. 3506(c)(2)(A). This program helps ensure that requested data is provided in the desired format, that the reporting burden (time and financial resources) is minimized, that the collection instruments are clearly understood, and that the impact of collection requirements on respondents is properly assessed. Currently, the Office of Federal Contract Compliance Programs is soliciting comments on its proposal to extend the Office of Management and Budget (OMB) approval of the Construction Information Collection. You can obtain a copy of the proposed information collection request by contacting the office listed below in the addresses section of this Notice.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95). 44 U.S.C. 3506(c)(2)(A). This 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 collection requirements on respondents can be properly assessed. Currently, the Office of Federal Contract Compliance Programs is soliciting comments concerning its proposal to extend the Office of Management and Budget (OMB) approval of the Information Collection: Complaint Form CC-4, Complaint of Discrimination in Employment under Federal Government Contracts. A copy of the proposed information collection request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.

This final rule revises the regulations in 41 CFR part 60-250 implementing the nondiscrimination and affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (``Section 4212'' or ``VEVRAA''). The regulations in part 60- 250 implement the nondiscrimination and affirmative action provisions of VEVRAA prior to their amendment in 2002 by the Jobs for Veterans Act (``JVA''), and apply to contracts entered into before December 1, 2003. Today's final rule revises the mandatory job listing provision in the part 60-250 regulations to provide that listing employment openings with the state workforce agency job bank or with the local employment service delivery system where the opening occurs will satisfy the mandatory job listing requirements under the part 60-250 regulations. The effect of this final rule is to conform the mandatory job listing provision in the part 60-250 regulations to the parallel provision in the regulations of the Office of Federal Contract Compliance Programs (``OFCCP'') implementing the JVA amendments to VEVRAA in 41 CFR part 60-300. Today's final rule also clarifies that the regulations in part 60-250 apply to any contract or subcontract of at least $25,000 entered into before December 1, 2003, and that the regulations in part 60-300, not the part 60-250 regulations, apply to such a contract or subcontract if it is modified on or after December 1, 2003 and the contract or subcontract as modified is for $100,000 or more.

The Office of Federal Contract Compliance Programs (OFCCP) is publishing a new set of regulations to implement the amendments to the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (``VEVRAA'') that were made by the Jobs for Veterans Act (``JVA'') enacted in 2002. The JVA amendments raised the threshold dollar amount of the Government contracts that are subject to the affirmative action provisions of VEVRAA, changed the categories of veterans protected by the law, and changed the manner in which the mandatory job listing requirement is to be implemented. The final regulations published today apply only to covered Government contracts entered into or modified on or after December 1, 2003. The existing VEVRAA implementing regulations found in 41 CFR part 60-250 will continue to apply to Government contracts entered into before December 1, 2003.

On January 20, 2006, the Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a notice of proposed rulemaking (NPRM). The NPRM (71 FR 3373) proposes to amend the regulations implementing Executive Order 11246 by removing the current requirement for nonconstruction federal contractors to file the Equal Opportunity Survey (``EO Survey NPRM''). This document corrects the e- mail address for submitting comments on the EO Survey NPRM. Further, to ensure that all public comments are received, this document extends the comment period for the proposed rule for seven (7) days. Respondents who sent comments to the earlier e-mail address are encouraged to contact the person named below to find out if their comments were received and re-submit them to the e-mail address below if necessary.

This document contains a correction to the Office of Federal Contract Compliance Programs (OFCCP) final regulations implementing the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA), which were published in the Federal Register on December 1, 2005. Those final regulations, among other things, incorporate the changes to VEVRAA that were made by the Veterans Employment Opportunities Act of 1998 and the Veterans Benefits and Health Care Improvement Act of 2000.

The Office of Federal Contract Compliance Programs (OFCCP) is proposing new regulations to implement the amendments to the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (``VEVRAA'') that were made by the Jobs for Veterans Act (``JVA'') enacted in 2002. JVA amended VEVRAA by: Raising the dollar amount of the Government contracts that are subject to the requirements of VEVRAA; changing the categories of veterans protected under the law; and changing the manner in which the mandatory job listing requirement is to be implemented. The JVA amendments apply to Government contracts entered into on or after December 1, 2003. For the convenience of contractors, veterans, and other interested parties, OFCCP proposes to publish the regulations implementing the JVA amendments to VEVRAA in a new part. This proposed rule would apply only to Government contracts entered into on or after December 1, 2003. The existing VEVRAA implementing regulations will continue to apply to Government contracts entered into before December 1, 2003. Contractors with Government contracts entered into both before, and on or after December 1, 2003, would be subject to both the requirements found in the existing VEVRAA implementing regulations and the requirements in today's proposal.

Office of Federal Contract Compliance Programs (OFCCP) regulations require covered federal contractors and subcontractors to collect information about the gender, race and ethnicity of each ``applicant'' for employment. The final rule published today modifies OFCCP applicant recordkeeping requirements to address challenges presented by the use of the Internet and electronic data technologies in contractors' recruiting and hiring processes. The final rule is intended to address recordkeeping requirements regarding ``Internet Applicants'' under all OFCCP recordkeeping and data collection requirements.