[Federal Register Volume 65, Number 198 (Thursday, October 12, 2000)]
[Proposed Rules]
[Pages 60816-60820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25774]
[[Page 60815]]
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Part V
Department of Labor
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Office of Federal Contract Compliance Programs
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41 CFR Parts 60-1, 60-250, and 60-741
Affirmative Action and Nondiscrimination Obligations of Contractors and
Subcontractors; Compliance Evaluations in All OFCCP Programs; Proposed
Rule
Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 /
Proposed Rules
[[Page 60816]]
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DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
41 CFR Parts 60-1, 60-250, and 60-741
RIN 1215-AB28, 1215-AB27, 1215-AB23
Affirmative Action and Nondiscrimination Obligations of
Contractors and Subcontractors; Compliance Evaluations in All OFCCP
Programs
AGENCY: Office of Federal Contract Compliance Programs, Employment
Standards Administration, Labor.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This proposal would revise certain regulations implementing
Section 503 of the Rehabilitation Act of l973, as amended (Section 503
or the Act). Section 503 requires Government contractors and
subcontractors to take affirmative action to employ and advance in
employment qualified individuals with disabilities. The current
regulations implementing Section 503 authorize OFCCP to conduct
compliance reviews to determine whether a contractor is complying with
its affirmative action and nondiscrimination obligations. Today's
proposal would revise the Section 503 regulations to expressly
authorize OFCCP to use additional investigative procedures to determine
a contractor's compliance with Section 503. In this regard, today's
proposal would conform the regulations implementing Section 503 to the
compliance evaluation procedures contained in the regulations
implementing Executive Order 11246, as amended, and the affirmative
action provisions of the Vietnam Era Veterans' Readjustment Assistance
Act of 1974, as amended (VEVRAA), respectively.
In addition, today's proposal would revise the compliance check
procedure found in the current regulations implementing Executive Order
11246 and the affirmative action provisions of VEVRAA by eliminating
the on-site visit requirement. The compliance check is one of the four
compliance evaluation methods currently used by OFCCP to determine a
contractor's compliance with Executive Order 11246 and the affirmative
action provisions of VEVRAA.
DATES: To be assured of consideration, comments must be in writing and
must be received on or before December 11, 2000.
ADDRESSES: Comments should be sent to James I. Melvin, Director,
Division of Policy, Planning and Program Development, OFCCP, Room C-
3325, 200 Constitution Avenue, N.W., Washington, D.C. 20210.
As a convenience to commenters, public comments transmitted by
facsimile (FAX) machine will be accepted. The telephone number of the
FAX receiver is (202) 693-1304. To assure access to the FAX equipment,
only public comments of six or fewer pages will be accepted via FAX
transmittal. Receipts of FAX transmittals will not be acknowledged;
however the sender may request confirmation that a submission has been
received by calling (202) 693-0102 (voice), (202) 693-1308 (TTY).
FOR FURTHER INFORMATION CONTACT: James I. Melvin, Director, Division of
Policy, Planning and Program Development, OFCCP, Room C-3325, 200
Constitution Avenue, N.W., Washington, D.C. 20210. Telephone (202) 693-
0102 (voice), (202) 693-1308 (TTY). Copies of this proposed rule,
including copies in alternative formats, may be obtained by calling
(202) 693-0102 (voice), or (202) 693-1308 (TTY). The alternate formats
available are large print, electronic file on computer disk, and
audiotape. The proposed rule also is available on the Internet at
http://www.dol.gov/dol/esa.
SUPPLEMENTARY INFORMATION:
Background
Section 503 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 793 (Section 503 or the Act), requires parties holding a
nonexempt Government contract or subcontract in excess of $10,000 to
take affirmative action to employ and advance in employment qualified
individuals with disabilities. The Department of Labor's Office of
Federal Contract Compliance Programs (OFCCP) enforces Section 503
through implementing regulations codified at 41 CFR Part 60-741. OFCCP
published a substantial revision of its Section 503 regulations on May
1, 1996 (61 FR 19336). Since that time, OFCCP has revised its
regulations implementing Executive Order 11246, as amended, and the
affirmative action provisions of the Vietnam Era Veterans' Readjustment
Assistance Act, as amended (VEVRAA). Among the revisions made to both
sets of regulations was the introduction of a variety of alternative
means of assessing contractors' compliance with their nondiscrimination
and affirmative action obligations.
Before amendment, the primary method for evaluating compliance in
the Executive Order and VEVRAA enforcement programs was the
``compliance review.'' Both the scope and content of a compliance
review under Executive Order 11246 were prescribed by regulation.
Compliance reviews were to be a comprehensive evaluation of a
contractor's employment practices and were to consist of a desk audit,
an on-site review and, if necessary, an off-site analysis. The recent
amendments to the Executive Order and VEVRAA implementing regulations
were designed to provide the agency greater flexibility in the manner
in which it evaluates compliance by authorizing the agency to utilize a
wider range of methods for evaluating compliance. Specifically, in
addition to the full compliance review, three abbreviated methods for
evaluating a contractor's compliance are included in the Executive
Order 11246 and VEVRAA regulations: off-site review of records,
compliance check, and focused review.
This proposal to revise certain provisions of the Section 503
regulations is precipitated by the new methods for evaluating
contractor compliance introduced in the Executive Order 11246 and
VEVRAA regulations. Under the current regulations implementing Section
503 the compliance review remains the primary method for evaluating
compliance. The current regulations at 41 CFR 60-741.60 prescribe the
scope of compliance reviews, but unlike the prior Executive Order
regulations, do not prescribe the content of a review. For example,
under the current regulations, OFCCP may complete the Section 503
compliance review without making an on-site visit to the contractor's
establishment, if the agency can make a determination about compliance
based upon a review and analysis of the documentation submitted by the
contractor in response to the scheduling letter. Likewise, if an on-
site visit is required in order to evaluate a particular contractor's
compliance with the requirements of Section 503, OFCCP has the
authority, under the current regulations, to limit its on-site
investigation to one or two issues.
Today's proposal would supplement the comprehensive compliance
review with a variety of different means for assessing a contractor's
compliance with Section 503 and its implementing regulations. The rule
we propose today would formally adopt the compliance evaluation
approach and expressly authorize off-site reviews of records,
compliance checks, and focused reviews under Section 503. Today's
proposal also would replace the term ``compliance review'' with
``compliance
[[Page 60817]]
evaluation,'' as appropriate, in certain sections of the regulations.
The proposed revisions to 41 CFR Part 60-741 are necessary to
harmonize the procedures used when enforcing Section 503, the Executive
Order, and VEVRAA. OFCCP believes that adopting the compliance
evaluation approach for determining compliance with Section 503 and its
implementing regulations would further improve efficiency and permit
the agency to better target its resources. Today's proposal would
ensure that the agency could use parallel procedures to simultaneously
evaluate contractor compliance under all three laws. At the same time,
today's proposal would give OFCCP leeway to develop and pursue
enforcement initiatives that focus on contractor compliance with the
requirements of Section 503 and its implementing regulations. For
example, the rule we propose today would allow OFCCP to conduct
compliance checks solely for the purpose of examining whether
contractors have developed and implemented the affirmative action
programs required under the regulations in 41 CFR Part 60-741.
Today's proposal also would revise the definition of ``compliance
check'' used in the Executive Order and VEVRAA regulations by removing
the requirement that OFCCP visit a contractor's establishment during a
compliance check. This change would allow OFCCP greater flexibility
when using the compliance check method to assess a contractor's
compliance status. With this change, OFCCP could permit a contractor to
satisfy the requirements of the compliance check by supplying the
required records and supporting information to an OFCCP office or other
designated site. Although the proposal would change how the agency
intends to implement the compliance check, it would not expand the
scope of the examination contemplated under the compliance check
procedure. Lastly, today's proposal corrects a drafting oversight by
adding the term and definition of ``compliance evaluation'' to the
definition section of the VEVRAA regulations at 41 CFR 60-250.2. The
definition proposed is consistent with the definition in OFCCP's
Executive Order 11246 regulations and with the definition we today
propose to add to the Section 503 regulations.
Section-by-Section Analysis
Section 60-741.2 Definitions
A definition of the term ``compliance evaluation'' is being added
to the definition section of the regulations implementing Section 503
of the Rehabilitation Act of 1973. The proposed definition is
consistent with the definition included in the regulations implementing
Executive Order 11246 at 41 CFR 60-1.3. Under the new definition a
compliance evaluation means any one or combination of actions OFCCP may
take to examine a Federal contractor's or subcontractor's compliance
with one or more of the requirements of Section 503 of the
Rehabilitation Act of 1973.
Section 60-741.44 Required Contents of Affirmative Action Programs
These paragraphs are unchanged from the existing Sec. 60-741.44,
except that the term ``compliance review'' has been replaced with the
new term ``compliance evaluation'' in Sec. 60-741.44(a)(2).
Section 60-741.60 Compliance Evaluations
We propose to revise existing paragraph (a) of Sec. 60-741.60,
which now addresses compliance reviews.
In the current regulations, paragraph (a) describes the purpose of
a compliance review, provides that the review will consist of a
comprehensive analysis of all relevant nondiscrimination and
affirmative action practices, and provides that, where necessary,
recommendations for appropriate sanctions will be made. The proposal
expressly authorizes OFCCP's use of additional methods to evaluate a
contractor's compliance with its Section 503 obligations. Consistent
with the regulations implementing Executive Order 11246 and the
affirmative action provisions of VEVRAA, the proposal specifies that
the compliance evaluation methods available to OFCCP, other than the
full compliance review, include an off-site review of records, a
compliance check and a focused review. The activities that are
contemplated under each of the four evaluation methods are described in
proposed paragraph (a).
Proposed paragraph (a)(1), as does existing paragraph (a), states
that a compliance review is a comprehensive analysis and evaluation of
the hiring and employment practices of the contractor, the written
affirmative action program, and the results of affirmative actions
efforts undertaken by the contractor. Proposed paragraph (a)(2)
describes the off-site review of records. An off-site review of records
is composed of an analysis and evaluation of the affirmative action
program (or any part thereof) and supporting documentation, and other
documents related to the contractor's personnel policies and employment
actions that may be relevant to a determination of whether the
contractor has complied with the requirements of Section 503 of the
Rehabilitation Act of 1973 and its implementing regulations. A
compliance check is described in proposed paragraph (a)(3) as a
determination of whether data and other information previously
submitted by the contractor are complete and accurate; whether the
contractor has maintained records consistent with Sec. 60-741.80 and/or
whether the contractor has developed an affirmative action program
consistent with Sec. 60-741.40. Proposed paragraph (a)(4) states that a
focused review is an on-site review restricted to one or more
components of the contractor's organization or one or more aspects of
the contractor's employment practices.
Section 60-741.62 Conciliation Agreements and Letters of Commitment
These paragraphs are unchanged from the existing Sec. 60-741.62,
except that at Sec. 60-741.62 the term ``compliance review'' is
replaced with the new term ``compliance evaluation.''
Section 60-741.65 Enforcement Proceedings
These paragraphs are unchanged from the existing Sec. 60-741.65,
except that the term ``compliance review'' is replaced with the new
term ``compliance evaluation'' at Sec. 60-741.65(a)(1).
Section 60-741.68 Reinstatement of Eligible Contractors
These paragraphs are unchanged from the existing Sec. 60-741.68,
except that the term ``compliance review'' is replaced with the new
term ``compliance evaluation'' at Sec. 60-741.68(a).
Section 60-741.69 Intimidation and Interference
These paragraphs are unchanged from the existing Sec. 60-741.69,
except that the term ``compliance review'' is replaced with the new
term ``compliance evaluation'' at Sec. 60-741.69(a)(2).
Section 60-741.80 Recordkeeping
These paragraphs are unchanged from the existing Sec. 60-741.80,
except that the term ``compliance review'' is replaced with the new
term ``compliance evaluation.''
Section 60-741.81 Access to Records
The paragraph is unchanged from the existing Sec. 60-741.81, except
that the term ``compliance review'' is replaced with the new term
``compliance evaluation.''
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Sections 60-1.20 and 60-250.60 Compliance Evaluations
As discussed in the above preamble, the regulations currently
authorize OFCCP to conduct compliance evaluations to determine
contractor compliance with the requirements under Executive Order 11246
and the affirmative action provisions of VEVRAA. The current
regulations at 41 CFR 60-1.20(a)(3) and 60-250.60(a)(3) describe a
compliance check as ``a visit to the [contractor's] establishment'' to
ascertain whether data and other information previously submitted is
accurate and complete; whether the contractor has maintained records
consistent with the record retention requirements in Secs. 60-1.12 and
60-250.80; and whether the contractor has developed affirmative action
programs consistent with the regulations. The agency has found that, in
many instances, the assessments made with a compliance check procedure
can be made without making an on-site visit. Accordingly, the proposal
would revise the regulations at 41 CFR 60-1.20(a)(3) and 60-
250.60(a)(3) by removing the requirement that OFCCP visit a
contractor's establishments when the ``compliance check'' procedure is
used to assess compliance. The proposed revision to the compliance
check procedure is designed to improve agency efficiency, but OFCCP
believes that contractors also would find it more efficient and less
burdensome if the regulations did not require that a compliance check
involve an on-site visit. Under this revision the contractor will be
required to provide OFCCP access to the requested documents, but at the
contractor's option the documents may be provided either on-site or
off-site. While the proposal would change how the agency intends to
implement the compliance check, it would not expand the scope of the
examination contemplated under the compliance check procedure.
Section 60-250.2 Definitions
A definition of the term ``compliance evaluation'' is being added
to the definition section of the regulations implementing VEVRAA. The
definition being added is consistent with the definition in OFCCP's
Executive Order 11246 regulations. Under the new definition, a
compliance evaluation means any one or combination of actions OFCCP may
take to examine a Federal contractor or subcontractor's compliance with
one or more of the requirements of VEVRAA.
Regulatory Procedures
Executive Order 12866
The Department is issuing this proposed rule in conformance with
Executive Order 12866. The rule has been determined not to be
significant for purposes of Executive Order 12866 and therefore need
not be reviewed by OMB. This rule does not meet the criteria of Section
3(f)(1) of Executive Order 12866 and therefore the information
enumerated in Section 6(a)(3)(C) of that Order is not required.
This conclusion is based on the fact that this proposed rule does
not substantially change the existing obligations of Federal
contractors to apply a policy of nondiscrimination and affirmative
action. Furthermore, this proposed rule does not substantially change
the enforcement techniques currently employed by OFCCP to ensure
federal contractor compliance with their nondiscrimination and
affirmative action obligations.
Regulatory Flexibility Act
This proposed rule does not substantively change existing
obligations for Federal contractors; it would only specify the
procedures the agency may use to evaluate a Federal contractor's
compliance with existing requirements. Accordingly, we certify that the
rule will not have a significant economic impact on a substantial
number of small business entities. Therefore, a regulatory flexibility
analysis under the Regulatory Flexibility Act is not required.
Unfunded Mandates Reform
For purposes of the Unfunded Mandates Reform Act of 1995, as well
as Executive Order 12875, the proposed rule, if promulgated, will not
include any federal mandates that may result in increased expenditures
by state, local, and tribal governments, or increased expenditures by
the private sector, of $100,000,000 or more in any one year.
Paperwork Reduction Act
Today's proposal would have a negligible impact, if any, on the
information collection requirements currently approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act (44
U.S.C. 3501, et seq.). Information collection requirements for
compliance evaluations are currently approved under OMB control number
1215-0072. The currently approved inventory includes a burden estimate
for compliance checks, which is based on the assumption that it takes
the average contractor approximately four-tenths of an hour to find and
make available the documents requested during a compliance check. The
proposal to revise the compliance check procedure by removing the on-
site visit requirement would mean that, during some compliance checks,
contractors would be asked to provide documents to OFCCP rather than
make them available for an OFCCP compliance officer to review on-site.
OFCCP believes that, for some contractors, this may take more time than
it would to make them available on-site, but, for others, it may take
less time. Accordingly, OFCCP estimates that the proposed revision to
the compliance check procedure will not result in a net change in the
burden hours associated with compliance checks. OFCCP will submit for
approval to OMB the information collection provisions of this rule as
necessary. OFCCP invites comments on the information collection
provisions of this rule.
Executive Order 13132 (Federalism)
OFCCP has reviewed this proposed rule in accordance with Executive
Order 13132 regarding federalism, and has determined that it does not
have ``federalism implications.'' The rule does not ``have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
List of Subjects
41 CFR Part 60-1
Administrative practice and procedure, Equal employment
opportunity, Government contracts, Reporting and recordkeeping
requirements.
41 CFR Part 60-250
Administrative practice and procedure, Equal employment
opportunity, Government contracts, Individuals with disabilities,
Reporting and recordkeeping requirements, Veterans.
41 CFR Part 60-741
Administrative practice and procedure, Equal employment
opportunity, Government contracts, Individuals with disabilities,
Reporting and recordkeeping requirements.
[[Page 60819]]
Signed at Washington, D.C., this 2d day of October, 2000.
Alexis M. Herman,
Secretary of Labor.
Bernard E. Anderson,
Assistant Secretary for Employment Standards.
Shirley J. Wilcher,
Deputy Assistant Secretary for Federal Contract Compliance.
Accordingly, for the reasons set forth in the Preamble, we propose
to amend Title 41 of the Code of Federal Regulations, chapter 60, Parts
60-1, 60-250 and 60-741, under authorities cited as set forth below:
PART 60-1--OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS
1. The authority citation for part 60-1 continues to read as
follows:
Authority: Sec. 201, E.O. 11246 (30 FR 12319), as amended by
E.O. 11375 (32 FR 14303) and E.O. 12086 (43 FR 46501).
2. In Sec. 60-1.20 paragraph (a)(3) is revised to read as follows:
Sec. 60-1.20 Compliance evaluations.
(a) * * *
(3) Compliance check. A determination of whether data and other
information previously submitted by the contractor is complete and
accurate; whether the contractor has maintained records consistent with
Sec. 60-1.12; and/or whether the contractor has developed an AAP
consistent with Sec. 60-1.40; or
* * * * *
PART 60-250--AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS
OF CONTRACTORS AND SUBCONTRACTORS REGARDING SPECIAL DISABLED
VETERANS AND VETERANS OF THE VIETNAM ERA
3. The authority citation for part 60-250 continues to read as
follows:
Authority: 29 U.S.C. 793: 38 U.S.C. 4211 and 4212; E.O. 11758 (3
CFR, 1971-1975 Comp., p. 841.)
4. In Sec. 60-250.2 paragraph (v) is added to read as follows:
Sec. 60-250.2 Definitions.
* * * * *
(v) Compliance evaluation means any one or combination of actions
OFCCP may take to examine a Federal contractor or subcontractor's
compliance with one or more of the requirements of the Vietnam Era
Veterans' Readjustment Assistance Act.
5. In Sec. 60-250.60 paragraph (a)(3) is revised to read as
follows:
Sec. 60-250.60 Compliance evaluations.
(a) * * *
(3) Compliance check. A determination of whether data and other
information previously submitted by the contractor is complete and
accurate; whether the contractor has maintained records consistent with
Sec. 60-250.80; and/or whether the contractor has developed an AAP
consistent with Sec. 60-250.40; or
* * * * *
PART 60-741--AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS
OF CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH
DISABILITIES
6. The authority citation for part 60-741 continues to read as
follows:
Authority: 29 U.S.C. 706 and 793; and E.O. 11758 (3 CFR, l971-
1975 Comp., p. 841.)
7. Sec. 60-741.2 is amended by adding a new paragraph (z) to read
as follows:
Sec. 60-741.2 Definitions.
* * * * *
(z) Compliance evaluation means any one or combination of actions
OFCCP may take to examine a Federal contractor's or subcontractor's
compliance with one or more of the requirements of Section 503 of the
Rehabilitation Act of 1973.
8. In Sec. 60-741.44 paragraph (a)(2) is revised to read as
follows:
Sec. 60-741.44 Required contents of affirmative action programs.
* * * * *
(a) * * *
(2) Assisting or participating in an investigation, compliance
evaluation, hearing, or any other activity related to the
administration of Section 503 of the Rehabilitation Act of l973, as
amended (Section 503) or any other Federal, State or local law
requiring equal opportunity for disabled persons;
* * * * *
9. In Sec. 60-741.60 the section heading and paragraph (a) are
revised to read as follows:
Sec. 60-741.60 Compliance evaluations.
(a) OFCCP may conduct compliance evaluations to determine if the
contractor maintains nondiscriminatory hiring and employment practices
and is taking affirmative action to ensure that applicants are employed
and that employees are placed, trained, upgraded, promoted, and
otherwise treated in accordance with this part during employment. A
compliance evaluation may consist of any one or any combination of the
following investigative procedures:
(1) Compliance review. A comprehensive analysis and evaluation of
the hiring and employment practices of the contractor, the written
affirmative action program, and the results of the affirmative action
efforts undertaken by the contractor. A compliance review may proceed
in three stages:
(i) A desk audit of the written affirmative action program and
supporting documentation to determine whether all elements required by
the regulations in this part are included, whether the affirmative
action program meets agency standards of reasonableness, and whether
the affirmative action program and supporting documentation satisfy
agency standards of acceptability. The desk audit is conducted at OFCCP
offices;
(ii) An on-site review, conducted at the contractor's establishment
to investigate unresolved problem areas identified in the affirmative
action program and supporting documentation during the desk audit, to
verify that the contractor has implemented the affirmative action
program and has complied with those regulatory obligations not required
to be included in the affirmative action program, and to examine
potential instances or issues of discrimination. An on-site review
normally will involve an examination of the contractor's personnel and
employment policies, inspection and copying of documents related to
employment actions, and interviews with employees, supervisors,
managers, hiring officials; and
(iii) Where necessary, an off-site analysis of information supplied
by the contractor or otherwise gathered during or pursuant to the on-
site review;
(2) Off-site review of records. An analysis and evaluation of the
affirmative action program (or any part thereof) and supporting
documentation, and other documents related to the contractor's
personnel policies and employment actions that may be relevant to a
determination of whether the contractor has complied with the
requirements of Section 503 of the Rehabilitation Act of 1973 and
regulations;
(3) Compliance check. A determination of whether data and other
information previously submitted by the contractor is complete and
accurate; whether the contractor has maintained records consistent with
Sec. 60-741.80; and/or whether the contractor has developed an
affirmative action program consistent with Sec. 60-741.40; or
[[Page 60820]]
(4) Focused review. An on-site review restricted to one or more
components of the contractor's organization or one or more aspects of
the contractor's employment practices.
* * * * *
10. In Sec. 60-741.62, the first sentence of paragraph (a) is
revised to read as follows:
Sec. 60-741.62 Conciliation agreements and letters of commitment.
(a) If a compliance evaluation, complaint investigation or other
review by OFCCP finds a material violation of the Act or this part, and
if the contractor is willing to correct the violations and/or
deficiencies, and if OFCCP determines that settlement on that basis
(rather than referral for consideration of formal enforcement) is
appropriate, a written conciliation agreement shall be required. * * *
* * * * *
11. In Sec. 60-741.65, the first sentence of paragraph (a)(1) is
revised to read as follows:
Sec. 60-741.65 Enforcement proceedings.
(a) General. (1) If a compliance evaluation, complaint
investigation or other review by OFCCP finds a violation of the act or
this part, and the violation has not been corrected in accordance with
the conciliation procedures in this part, or OFCCP determines that
referral for consideration of formal enforcement (rather than
settlement) is appropriate, OFCCP may refer the matter to the Solicitor
of Labor with a recommendation for the institution of enforcement
proceedings to enjoin the violations, to seek appropriate relief, to
impose appropriate sanctions, or any combination of these outcomes. * *
*
* * * * *
12. In Sec. 60-741.68, the fourth sentence of paragraph (a) is
revised to read as follows:
Sec. 60-741.68 Reinstatement of ineligible contractors.
(a) * * * Before reaching a decision, the Deputy Assistant
Secretary may conduct a compliance evaluation of the contractor and may
require the contractor to supply additional information regarding the
request for reinstatement. * * *
* * * * *
13. In Sec. 60-741.69, paragraph (a)(2) is revised to read as
follows:
Sec. 60-741.69 Intimidation and interference.
(a) * * *
(2) Assisting or participating in any manner in an investigation,
compliance evaluation, hearing, or any other activity related to the
administration of the act or any other Federal, State or local law
requiring equal opportunity for disabled persons;
* * * * *
14. In Sec. 60-741.80, the last two sentences of paragraph (a) are
revised to read as follows:
Sec. 60-741.80 Recordkeeping.
(a) * * * Where the contractor has received notice that a complaint
of discrimination has been filed, that a compliance evaluation has been
initiated, or that an enforcement action has been commenced, the
contractor shall preserve all personnel records relevant to the
complaint, compliance evaluation or action until final disposition of
the complaint, compliance evaluation or action. The term ``personnel
records relevant to the complaint, compliance evaluation or action''
would include, for example, personnel or employment records relating to
the aggrieved person and to all other employees holding positions
similar to that held or sought by the aggrieved person and application
forms or test papers completed by an unsuccessful applicant and by all
other candidates for the same position as that for which the aggrieved
person applied and was rejected.
* * * * *
15. In Sec. 60-741.81, the first sentence is revised to read as
follows:
Sec. 60-741.81 Access to records.
Each contractor shall permit access during normal business hours to
its places of business for the purpose of conducting on-site compliance
evaluations and complaint investigations and inspecting and copying
such books and accounts and records, including computerized records,
and other material as may be relevant to the matter under investigation
and pertinent to compliance with the act or this part. * * *
[FR Doc. 00-25774 Filed 10-11-00; 8:45 am]
BILLING CODE 4510-45-P