[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Notices]
[Pages 52044-52056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20711]


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DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs

RIN 1250-0001


Proposed Extension of the Approval of Information Collection 
Requirements; Comment Request

AGENCY: Office of Federal Contract Compliance Programs, Labor.

ACTION: Notice.

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SUMMARY: 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

[[Page 52045]]

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.

DATES: Written comments must be submitted to the Office of Federal 
Contract Compliance Programs at the addresses listed in section below 
on or before November 3, 2014.

ADDRESSES: You may submit comments, identified by Control Number 1250-
0001, by either one of the following methods:
    Electronic comments: Through the Federal eRulemaking portal at 
http://www.regulations.gov. Follow the instructions for submitting 
comments.
    Mail, Hand Delivery, Courier: Addressed to Debra A. 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).
    Instructions: Please submit one copy of your comments by only one 
method. All submissions must include the agency's name and Control 
Number identified above for this information collection. Because we 
continue to experience delays in receiving mail in the Washington, DC 
area, we strongly encourage commenters to transmit their comments 
electronically via the regulations.gov Web site or to submit them by 
mail early. 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 A. Carr, Director, Division of 
Policy and Program Development, Office of Federal Contract Compliance 
Programs, Room C-3325, 200 Constitution Avenue NW., 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 (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: The Office of Federal Contractor Compliance Programs 
(OFCCP) administers three nondiscrimination and equal employment 
opportunity laws:
     Executive Order 11246, as amended (EO 11246);
     Section 503 of the Rehabilitation Act of 1973, as amended, 
29 U.S.C. 793 (referred to as Section 503); and
     the Vietnam Era Veterans' Readjustment Assistance Act of 
1974, as amended, 38 U.S.C. 4212 (referred to as Section 4212 or 
VEVRAA).
    These authorities prohibit employment discrimination but also 
require affirmative action to ensure that equal employment 
opportunities are available regardless of race, sex, color, national 
origin, religion, or status as an individual with a disability or 
protected veteran by Federal contractors.
    For purposes of this clearance, OFCCP is dividing its 
responsibilities under these authorities into categories: (1) 
Construction and (2) non-construction (supply and service). This 
clearance request covers the EO 11246 construction aspects of OFCCP's 
program. To view the current construction Information Collection, go to 
http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201003-1250-001. A separate Information Collection Request (ICR), approved by 
the Office of Management and Budget (OMB) under OMB No. 1250-0003 
(formerly 1215-0072), covers the supply and service aspects of these 
programs.
    E.O. 11246 prohibits Federal contractors from discriminating 
against applicants and employees on the basis of race, color, religion, 
sex, or national origin and requires affirmative action. The E.O. 11246 
applies to Federal contractors and subcontractors and to federally 
assisted construction contractors and subcontractors holding a 
Government contract of $10,000 or more, or Government contracts which 
have, or can reasonably be expected to have, an aggregate total value 
exceeding $10,000 in a 12-month period. The E.O. 11246 also applies to 
government bills of lading, depositories of Federal funds in any 
amount, and to financial institutions that are issuing and paying 
agents for U.S. Savings Bonds.
    Section 503 prohibits employment discrimination against any 
employee or applicant for employment because of physical or mental 
disability and requires affirmative action to ensure that persons are 
treated without regard to either of these prohibited factors. Section 
503 applies to Federal contractors and subcontractors with a contract 
in excess of $10,000. Because some construction contractors and 
subcontractors may be subject to these requirements, the burden hours 
associated with reporting compliance is included in this Information 
Collection Requirement (ICR).
    The affirmative action provisions of VEVRAA prohibit employment 
discrimination against any protected veteran. VEVRAA applies to Federal 
contractors and subcontractors with a contract of $100,000 or more. 
Because some construction contractors and subcontractors may be subject 
to these requirements, the burden hours associated with reporting 
compliance is included in this ICR.
    The ICR addresses recordkeeping and reporting for compliance with 
EO 11246, Section 503, and VEVRAA for the construction aspects of 
OFCCP's program which are subject to the Paperwork Reduction Act of 
1995 (PRA).
    II. Review Focus: The Department of Labor is particularly 
interested in comments which:
     Evaluate whether the proposed collection of information is 
necessary for the compliance and enforcement 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 submissions of responses.
    III. Current Actions: The DOL seeks the approval of the renewal of 
this information in order to carry out its responsibility to enforce 
the anti-discrimination and affirmative action provisions of the three 
legal authorities it administers.
    Type of Review: Renewal--Extension.
    Agency: Office of Federal Contract Compliance Programs.
    Title: Recordkeeping and Reporting Requirements, Construction.
    OMB Number: 1250-0001.
    Agency Number: None.
    Affected Public: Business or other for-profit, not-for-profit 
institutions.
    Total Respondents: 52,429.
    Total Annual Responses: 52,429.
    Average Time per Response (approximation due to rounding): 16 
hours.

[[Page 52046]]

    Total Burden Hours: 816,832.
    Frequency: Annually.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $83,131.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

Debra A. Carr,
Director, Division of Policy and Program Development, Office of Federal 
Contract Compliance Programs.
Note to Reviewer
    OFCCP is requesting OMB approval of 816,832 hours in combined 
recordkeeping, reporting, and third party disclosure burden for 
compliance with OFCCP's regulatory requirements by Federal and 
federally assisted construction contractors. This compares with 
1,326,320 hours for the last clearance request, a decrease of 509,488 
hours. This change is due to an estimated decrease in the number of 
Federal construction contractor respondents from 75,696 to 52,429 or a 
decrease of 23,267 construction contractors. OFCCP used data from the 
General Services Administration's System for Award Management (SAM) to 
determine the number of Federal construction contractors covered by 
this Information Collection Request (ICR).
    The authorization for this ICR (OMB Control No. 1250-0001) expires 
December 31, 2014. This submission is for publication in the Federal 
Register for the initial 60-day comment period.

Supporting Statement
Construction Recordkeeping Requirements
OMB Number 1250-0001

A. Justification

    The Office of Federal Contract Compliance Programs (OFCCP) is 
responsible for administering three equal opportunity mandates that 
prohibit employment discrimination based on race, sex, sexual 
orientation, gender identity, color, national origin, religion, 
disability, and status as a protected veteran by Federal 
contractors.\1\ Discrimination based on an employee or job applicant 
discussing, inquiring about, or disclosing pay is also prohibited.\2\ 
The authorities OFCCP enforces also require affirmative action to 
provide equal employment opportunities:
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    \1\ On July 21, 2014, the President signed Executive Order13672 
amending Executive Order 11246 to include nondiscrimination based on 
sexual orientation and gender identity. This Order requires that a 
regulation be prepared within 90 days of the date of the Order. 
Though the new Executive Order is effective immediately, the 
protections apply to contracts entered into on or after the 
effective date of the new DOL regulation. The regulations 
implementing Executive Order 13672 will require amending 60-1.4, 
Equal opportunity clause, to include sexual orientation and gender 
identity.
    \2\ Executive Order 13665, Non-Retaliation for Disclosure of 
Compensation Information, 79 FR 20749 (April 11, 2014). This order 
become effective immediately, and applies to contracts entered into 
on or after the effective date of rules being promulgated by the 
Department of Labor under section 3 of the order.
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     Executive Order 11246, as amended (referred to as ``EO 
11246''),\3\
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    \3\ The regulations implementing Executive Order 11246 
applicable to construction contractors are published at 41 CFR Parts 
60-1, 60-4, 60-3, 60-20, and 60-50.
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     Section 503 of the Rehabilitation Act of 1973, as amended 
(referred to as ``Section 503''),\4\ and
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    \4\ See ``Affirmative Action and Nondiscrimination Obligations 
of Contractors and Subcontractors Regarding Individuals With 
Disabilities,'' 78 Federal Register 185, pp. 58682-58752 (24 
September 2013). The regulations implementing Section 503 are 
published at 41 CFR Part 60-741.
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     The affirmative action provisions of the Vietnam Era 
Veterans' Readjustment Assistance Act of 1974,\5\ as amended, 38 U.S.C. 
4212 (referred to as ``VEVRAA'').
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    \5\ See ``Affirmative Action and Nondiscrimination Obligations 
of Contractors and Subcontractors Regarding Special Disabled 
Veterans, Veterans of the Vietnam Era, Disabled Veterans, Recently 
Separated Veterans, Active Duty Wartime or Campaign Badge Veterans, 
and Armed Forces Service Medal Veterans,'' 78 Federal Register 185, 
pp. 58614-58679, (24 September 2013). The regulations implementing 
VEVRAA are published at 41 CFR Part 60-300.
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    OFCCP promulgated regulations implementing these programs 
consistent with the Administrative Procedure Act. These regulations are 
found at Title 41 of the Code of Federal Regulations (CFR) in Chapter 
60 and are accessible on the Web at http://www.ecfr.gov/cgi-bin/text-idx?SID=aa406f536b889c43ca553a8983d4c42c&c=ecfr&tpl=/ecfrbrowse/Title41/41cfrv1_02.tpl#6000.
    EO 11246 prohibits employment discrimination on the basis of race, 
color, religion, sex, or national origin. The most recent amendment of 
EO 11246 includes sexual orientation, and gender identity in the 
nondiscrimination provision. This EO also creates affirmative action 
requires that contractors take affirmative action to ensure that 
applicants and employees are treated without regard to these protected 
categories. EO 11246 applies to Federal contractors and subcontractors, 
and to federally-assisted construction contractors and subcontractors, 
holding a Federal Government contract or subcontract of more than 
$10,000 or Federal Government contracts or subcontracts that have, or 
can reasonably expect to have, an aggregate total value exceeding 
$10,000 in a 12-month period. EO 11246 also applies to Federal 
Government bills of lading, depositories of Federal funds in any 
amount, and to financial institutions that are issuing and paying 
agents for U.S. Savings Bonds.
    Section 503 prohibits employment discrimination on the basis of 
disability, and requires Federal contractors and subcontractors to take 
affirmative action to employ and advance in employment qualified 
individuals with disabilities. Its requirements apply to Federal 
contractors and subcontractors with a Federal Government contract or 
subcontract that meet the statutory contract dollar threshold value of 
in excess of $10,000. However, this threshold amount is periodically 
adjusted pursuant to an inflation-adjustment statute and is currently 
$15,000.\6\
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    \6\ The threshold for Section 503 of the Rehabilitation Act is 
subject to 41 U.S.C. 431(a) that adjusts certain acquisition related 
thresholds for inflation. Thus, the threshold for Section 503 
increased to $15,000 on August 30, 2010 (75 FR 53129). These 
inflationary adjustments also apply to VEVRAA's $100,000 statutory 
minimum threshold but they do not apply to Executive Order 11246 and 
its dollar threshold of more than $10,000. The procurement 
adjustments are made every five years.
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    The affirmative action provisions of VEVRAA prohibit employment 
discrimination against protected veterans and require Federal 
contractors and subcontractors to take affirmative action to employ and 
advance in employment protected veterans. Its requirements apply to 
Federal contractors and subcontractors with a Federal Government 
contract or subcontract of $100,000 or more.
    For the purposes of OFCCP's recordkeeping and reporting 
requirements, the agency divides the obligations under these 
authorities into the information collection requests (ICR) listed in 
the table below. These divisions are based on the distinct programs and 
related regulatory requirements.

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            OMB Number                           Description
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1250-0001.........................  Construction Recordkeeping
                                     Requirements
1250-0002.........................  Complaint Procedures
1250-0003.........................  Supply and Service Program
1250-0004.........................  VEVRAA Requirements
1250-0005.........................  Section 503 Requirements
1250-0006.........................  Functional Affirmative Action
                                     Program Agreement Procedures
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    Some general approaches and assumptions are applicable across the

[[Page 52047]]

regulations enforced by OFCCP. Many relate to assessing cost and burden 
in this ICR, including those listed below.
     This ICR does not include burden estimates for compliance 
with the information collections in VEVRAA and Section 503 because the 
burdens for these collections are covered elsewhere.\7\ However, 
because construction contractors are required to provide documents and 
information relevant to their compliance with VEVRAA and Section 503, 
OFCCP references these statutes in this ICR.\8\ The burden associated 
with reporting compliance with Section 503 and VEVRAA during a 
construction compliance evaluation is included in this ICR.
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    \7\ Control Numbers 1250-0004 (VEVRAA) and 1250-0005 (Section 
503) cover these requirements.
    \8\ Construction contractors working on federally assisted 
construction projects are not subject to the requirements of Section 
503 and VEVRAA.
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     The General Services Administration's System for Award 
Management (SAM) is the system where all bidders must register in order 
to receive a Federal contract or grant. There are approximately 500,000 
contractor companies registered in SAM. This ICR focuses on 
construction contractors, thus using the North American Industry 
Classification System code 23, OFCCP estimates that there are 52,429 
Federal construction contractors.
    Pursuant to the expiration of OMB No. 1250-0001, this ICR seeks 
approval of the agency's construction recordkeeping requirements.

1. Legal and Administrative Requirements

a. Executive Order 11246 Regulations

41 CFR Part 60-1--Obligations of Contractors and Subcontractors

    This regulation sets out the basic nondiscrimination and 
affirmative action requirements of the EO 11246 enforcement program. It 
defines coverage, specifies clauses to be included in contracts, 
provides a procedure to ensure compliance by covered contractors, and 
specifies certain reporting and recordkeeping requirements. Part 60-1 
contains recordkeeping, reporting and third party disclosure 
requirements for the construction program. OFCCP discusses specific 
sections of this part below.
    Section 60-1.4 describes the equal opportunity clause in Government 
contracts. Sections 60-1.4(a)(3) and 60-1.4(b)(3) require contractors 
to notify labor organizations of their obligations under EO 11246 and 
the implementing regulations. OFCCP explains third party disclosure 
requirements in numbered paragraph 12.c below, titled Third Party 
Disclosure Burden.
    Section 60-1.7 requires specific Federal prime contractors and 
first-tier subcontractors to file an Employer Information Report EEO-1 
(EEO-1 Report) annually. The U.S. Equal Employment Opportunity 
Commission (EEOC) and OFCCP use EEO-1 Report data to analyze employment 
patterns for women and minorities and as a civil rights enforcement 
tool. OMB approved the EEO-1 Report information collection under OMB 
No. 3046-0007. The EEO-1 Report requires reporting in seven racial and 
ethnic categories \9\ within nine job categories.\10\ To view the 
information collection, go to http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=200901-3046-001.
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    \9\ Hispanic or Latino, White not Hispanic or Latino, Black or 
African-American not Hispanic or Latino, Native Hawaiian or Other 
Pacific Islander not Hispanic or Latino, Asian not Hispanic or 
Latino, American Indian or Alaska Native not Hispanic or Latino, and 
Two or More Races not Hispanic or Latino.
    \10\ The Officials and Managers category is divided into the 
subcategories--Executive/Senior Level Officials and Managers, and 
First/Mid-Level Officials and Managers.
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    Section 60-1.12 requires contractors to preserve any personnel or 
employment record made or kept for a period of not less than two years. 
However, if the contractor has fewer than 150 employees or does not 
have a contract of at least $150,000, this retention period is one 
year. Section 60-1.12 provides that the contractor must be able to 
identify the gender, race and ethnicity of each employee for any record 
the contractor maintains. Where possible, the contractor must also 
identify the gender, race and ethnicity of each applicant or Internet 
applicant.
    Section 60-1.20 addresses the methods OFCCP uses to assess 
contractors' compliance with the agency's regulations during compliance 
evaluations. These methods range from an in-depth comprehensive 
evaluation of the contractor's employment practices (e.g., a 
``compliance review'') to a determination of whether the contractor 
maintained records consistent with section 60-1.12 (e.g., a 
``compliance check'').

41 CFR Part 60-3--Uniform Guidelines on Employee Selection Procedures

    The EEOC, the U.S. Office of Personnel Management (OPM), the 
Department of Labor (DOL), and the Department of Justice (DOJ) adopted 
the Uniform Guidelines on Employee Selection Procedures (UGESP) in 
1978. UGESP applies to tests and other selection procedures used as a 
basis to make any employment-related decision. UGESP was incorporated 
into the EO 11246 regulatory scheme through notice and comment 
rulemaking and has the full force and effect of law. Under UGESP, each 
contractor maintains records and other information for each job 
sufficient to permit analyses of the impact of its selection procedures 
on the employment opportunities of people based on race, sex, or ethnic 
group.\11\ Using this information, contractors and OFCCP identify and 
evaluate selection procedures for adverse impact.
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    \11\ Section 60-3.4 requires recordkeeping and analyses on the 
following race and ethnic groups: Black, Hispanic, Asian/Pacific 
Islander, American Indian, and White (other than Hispanic). A total 
is also provided for each group.
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    When a test or other selection procedure is determined to have an 
adverse impact, UGESP requires the contractor to validate the test or 
procedure (41 CFR 60-3.4) and to retain its validation study 
documentation.
    Section 60-3.15 requires contractors with 100 or more employees to 
keep records for each job that are sufficient to allow contractors to 
make an adverse impact determination. Contractors make this 
determination at least annually and make it for each racial or ethnic 
group constituting of at least 2 percent of the labor force in the 
relevant labor area or 2 percent of the applicable workforce.
    Section 60-3.15 requires contractors with fewer than 100 employees 
to keep records on the number of persons hired, promoted, and 
terminated for each job by sex and, where appropriate, by race and 
national origin. Section 60-3.15 also requires contractors to keep 
records showing the number of applicants for hire and promotion by sex 
and, where appropriate, by race and national origin, as well as records 
showing the selection procedures used.
    The OMB approved the information collection required under UGESP 
under OMB No. 3046-0017. To view the information collection, go to this 
Web address: http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=200807-3046-001.

41 CFR Part 60-4--Construction Contractors--Affirmative Action 
Requirements

    This part sets out the affirmative action requirements of the EO 
11246 that apply to all construction contractors, contracting agencies, 
applicants \12\ for construction contracts

[[Page 52048]]

and nonconstruction contractors.\13\ It defines coverage, specifies 
clauses to be included in contracts, provides a procedure to ensure 
compliance by covered contractors, and specifies certain recordkeeping 
and reporting requirements. OFCCP discusses specific sections of this 
part below.
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    \12\ Applicants are defined as an applicant for Federal 
assistance involving a construction contract, or other participant 
in a program involving a construction contract as determined by 
regulation of an administering agency. The terms also include such 
persons after they become recipients of such Federal assistance. 41 
CFR 60-1.3.
    \13\ Nonconstruction contractors and subcontractors are required 
to comply with these requirements if, as a part of their Federal 
contract or subcontract, construction work is necessary in whole or 
in part to the performance of a nonconstruction contract or 
subcontract. 41 CFR 60-4.1.
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    Section 4.2 requires all contracting officers, applicants for 
construction contracts and covered nonconstruction contractors to 
include the ``Notice of Requirement for Affirmative Action to Ensure 
Equal Employment Opportunity'' set forth in section 4.2 in all 
solicitations for offers and bids on all Federal and federally assisted 
construction contracts or subcontracts. This notice includes the goals 
for the specific project based on its location. In addition, 
contracting officers, applicants for construction contracts and covered 
nonconstruction contractors must notify OFCCP within 10 working days of 
award of a covered contract. Similarly, subsection 4.2(d)3 requires 
that all contractors provide OFCCP written notification of covered 
subcontract awards in excess of $10,000 within 10 working days of the 
award.
    Section 4.3 requires all contracting officers, applicants for 
construction contracts, construction contractors, and covered 
nonconstruction contractors to incorporate the ``Standard Federal Equal 
Employment Opportunity Construction Contracts Specifications'' set 
forth in section 4.3 into all nonexempt Federal contracts and 
subcontracts. Briefly, the specifications require covered contractors 
to engage in specific affirmative activities including:
     Ensuring and maintaining a work environment free of 
harassment;
     establishing and maintaining a list of minority and female 
recruitment resources;
     contacting recruitment sources and training institutions 
when employment opportunities are available;
     maintaining a file of minority and female walk-in 
applicants;
     notifying OFCCP if a union is impeding its efforts to meet 
its obligations;
     developing on the job training programs or participating 
in training programs;
     disseminating its equal employment opportunity policy both 
externally and internally;
     encouraging current minority and female employees to 
recruit others;
     validating all tests;
     conducting annual assessments and inventories of current 
minority and female employees for promotional opportunities;
     ensuring that seniority practices, job classifications, 
work assignments, and other personnel practices do not have a 
discriminatory effect;
     ensuring that all facilities are nonsegregated; \14\
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    \14\ This requirement includes an exception for separate or 
single-user toilet and necessary changing facilities.
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     documenting and maintaining records of compliance; and
     conducting an annual review of supervisory performance and 
adherence to contractor's affirmative action obligations.
    Sections 60-4.4 and 60-4.5 describe Hometown Plans and the 
requirements of contractors participating in approved Hometown 
Plans.\15\
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    \15\ OFCCP no longer approves Hometown Plans.
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    Section 60-4.6 explains the goals and timetables set by OFCCP and 
their application to a contractor's workforce.
    Section 60-4.7 explains the effect of the regulations in part 60-4 
to the requirements of 60-1, 60-3, 60-20, and 60-50.
b. VEVRAA Regulations

41 CFR Part 60-300

    OFCCP recently revised its regulations implementing VEVRAA. 
Included in the revisions was the rescission of 41 CFR Part 60-250. 
Regulations on the rights and protections provided to veterans, and the 
related obligations and responsibilities of contractors, are set forth 
in 41 CFR Part 60-300.
    These regulations establish the basic nondiscrimination and 
affirmative action requirements of the VEVRAA enforcement program. They 
define coverage, specify clauses to be included in contracts, provide 
procedures to ensure compliance by covered contractors, specify certain 
reporting and recordkeeping requirements, establish an annual benchmark 
for veteran hiring, and specify the basic requirements for affirmative 
action programs (AAPs) under VEVRAA. A discussion of the relevant 
sections of 60-300 follows.
    Section 60-300.5 describes the equal opportunity clause in Federal 
contracts.
    Section 60-300.40 requires contractors with 50 or more employees 
and contracts of $100,000 or more to implement the requirements of 
Subpart C of the regulation including inviting applicants to self-
identify and developing an AAP.
    Section 60-300.42 requires contractors to invite applicants to 
voluntarily self-identify their protected veteran status at the pre-
offer and post-offer stage.
    Section 60-300.44 identifies required elements of an AAP, including 
those listed below.
     Develop and include an equal opportunity policy statement 
in the AAP.
     Review personnel processes to ensure that qualified 
protected veterans are provided equal opportunity.
     Review all physical and mental job qualification standards 
to ensure that those that screen out or tend to screen out qualified 
disabled veterans are job-related and are based on business necessity.
     Provide reasonable accommodations for physical and mental 
limitations of an applicant or employee who is a qualified disabled 
veteran.
     Develop procedures to ensure that employees are not 
harassed because of their veteran status.
     Undertake appropriate outreach and positive recruitment 
activities reasonably designed to effectively recruit protected 
veterans, document and assess these activities on an annual basis, and 
disseminate its affirmative action policy to all subcontractors.
     Develop procedures and practices to disseminate 
affirmative action policies internally.
     Establish an audit and reporting system to measure the 
effectiveness of the AAP.
     Collect and maintain certain applicant and hiring data.
     Designate a responsible official to implement and oversee 
the AAP.
    Section 60-300.45 requires contractors to either adopt the national 
hiring benchmark published on OFCCP's Web site or establish their own 
hiring benchmark at each establishment for protected veterans using 
five factors.\16\
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    \16\ 41 CFR 60-300.45.
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    Section 60-300.60 identifies the methods OFCCP uses to assess 
contractors' compliance with the agency's regulations during a 
compliance evaluation. These methods range from an in-depth 
comprehensive evaluation of the contractor's employment practices 
(e.g., a compliance review) to determination of whether the contractor 
maintained records consistent with section 60-300.80 (e.g. a 
``compliance check). Evaluation of compliance with VEVRAA

[[Page 52049]]

is concurrent with evaluation of the contractor's compliance with 
Executive Order 11246.
    Detailed instructions for the development of a VEVRAA AAP are in 
Subpart C of 41 CFR Part 60-300.
c. Section 503 Regulations

41 CFR Part 60-741

    OFCCP recently revised its regulations implementing Section 503, 
which are found at 41 CFR 60-741 and address the affirmative action and 
nondiscrimination obligations of contractors and subcontractors related 
to individuals with disabilities. It defines coverage, specifies 
clauses to be included in contracts, provides a procedure to ensure 
compliance by covered contractors, specifies certain reporting and 
recordkeeping requirements, establishes an aspirational utilization 
goal of 7 percent, and specifies the basic requirements for AAPs under 
Section 503.
    Section 60-741.5 describes the equal opportunity clause in Federal 
contracts.
    Section 60-741.40 requires the development and maintenance of a 
Section 503 AAP. This regulation requires each contractor and 
subcontractor that has 50 or more employees, and a contract of $50,000 
or more to implement the requirements of Subpart C of these regulations 
including inviting applicants and employees to self-identify and 
developing an AAP for each establishment.
    Section 60-741.42 requires contractors to invite applicants to 
voluntarily self-identify as an individual with a disability at the 
pre-offer and post-offer stage of the employment process. Additionally, 
it requires contractors to invite employees in the first year of 
becoming subject to these requirements and at five year intervals 
thereafter to invite employees to voluntarily inform the contractor 
whether the employee believes that he or she is an individual with a 
disability.
    Section 60-741.44 identifies required elements of an AAP, including 
those listed below.
     Develop and include an equal opportunity policy statement 
in the AAP.
     Review personnel processes to ensure that qualified 
individuals with disabilities are provided equal opportunity.
     Review all physical and mental job qualification standards 
to ensure that those that screen out qualified individuals with 
disabilities on the basis of disability are job-related and are based 
on business necessity.
     Provide reasonable accommodations for physical and mental 
limitations.
     Develop procedures to ensure that employees are not 
harassed because of their disability.
     Undertake appropriate outreach and positive recruitment 
activities reasonably designed to effectively recruit individuals with 
disabilities, document and assess these activities on an annual basis, 
and disseminate its affirmative action policy to all subcontractors.
     Develop procedures and practices to disseminate 
affirmative action policies internally.
     Establish an audit and reporting system to measure the 
effectiveness of the AAP.
     Collect and maintain certain applicant and hiring data.
     Designate a responsible official to implement and oversee 
the AAP.
    Section 60-741.45 requires contractors to apply a 7 percent 
utilization goal to each of their job groups or to their entire 
workforce if the contractor has 100 or fewer employees.
    Section 60-741.60 identifies the methods OFCCP uses to assess 
contractors' compliance with the agency's regulations during compliance 
evaluations. These methods range from an in-depth comprehensive 
evaluation of contractors' employment practices (e.g., a compliance 
review) to determination of whether the contractor maintained records 
consistent with section 60-741.80 (e.g. a ``compliance check''). 
Evaluation of compliance with Section 503 is concurrent with evaluation 
of contractors' compliance with Executive Order 11246.
    Detailed instructions for the development of a Section 503 AAP are 
in Subpart C of 41 CFR Part 60-741.

2. Use of Materials

EEO-1 Report Data \17\
---------------------------------------------------------------------------

    \17\ 41 CFR 60-1.7--Reports and other required information.
---------------------------------------------------------------------------

    The Joint Reporting Committee, comprised of OFCCP and EEOC, 
promulgates the EEO-1 Report. Employers use the EEO-1 Report ``Question 
3'' to self-identify as contractors and subcontractors and indicate 
whether they meet the 50 employees and $50,000 contract value threshold 
for AAP coverage. In construction evaluations, OFCCP uses the report to 
assess contractors' equal employment opportunity trends.
    Should EEO-1 Report data become unavailable or become inadequate 
for the agency's purpose, OFCCP would identify and obtain alternative 
sources of information.

Notice of Requirement for Affirmative Action to Ensure Equal Employment 
Opportunity--41 CFR 60-4.2

    This requirement ensures that all construction contractors and 
subcontractors are aware of the affirmative action requirements and 
obligations in the solicitation for offers and bids on all Federal and 
federally assisted construction projects. Without this notification, 
construction contractors and subcontractors may not be fully aware of 
their obligations before they develop their bids and proposals. 
Further, the required notice of subcontract awards provides OFCCP with 
accurate and current information regarding which employers are working 
on Federal contracts. This information serves two purposes: first, to 
identify those construction employers that would benefit from technical 
assistance; and second, to contribute to the formulation of OFCCP's 
pool for selecting construction contractors for compliance evaluations.

Standard Federal Equal Employment Opportunity Construction Contract 
Specifications--41 CFR 60-4.3

    The 16 affirmative action specifications are contractors' plan for 
ensuring nondiscrimination and equal employment opportunity. The 
required activities relate to monitoring the work environment, outreach 
and recruitment, training, equal employment opportunity policies, 
selection and testing procedures, promotion practices, nonsegregated 
facilities, supervisor performance, and subcontracting. The 
recordkeeping requirements associated with executing the specifications 
are critical to the final evaluation and assessment of a contractor's 
compliance.
    During a compliance evaluation, OFCCP examines contractors' 
compliance with the 16 specifications, supporting documentation, 
compensation data, and documents related to personnel actions, 
employment policies and practices to determine whether the contractor 
is complying with its obligations not to discriminate in employment and 
to take affirmative action to ensure equal employment opportunity.

Section 503 and VEVRAA AAPs \18\
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    \18\ Contractors with 50 or more employees and a contract of 
$50,000 or more are required to develop Section 503 AAP. Contractors 
with more than 50 employees and a contract of $100,000 or more are 
required to develop VEVRAA AAPs. This requirement does not apply to 
federally assisted construction contractors or subcontractors.
---------------------------------------------------------------------------

    Sections 60-741.44 and 60-300.44 describe the required contents of 
each

[[Page 52050]]

contractor's written AAPs under Section 503 and VEVRAA, respectively. 
During a compliance evaluation, OFCCP reviews contractors' AAPs to 
determine whether each contractor is complying with its obligations of 
nondiscrimination and affirmative action to ensure equal employment 
opportunity. This evaluation entails examination of various support 
documentation including:
     Assessments of personal processes under 41 CFR 60-
741.44(b) and 60-300.44(b);
     assessments of physical and mental job qualification 
standards under 41 CFR 60-741.44(c) and 60-300.44(c);
     results of evaluation of the effectiveness of outreach and 
recruitment efforts under 41 CFR 741.44(f) and 60-300.44(f);
     records of activities to comply with audit and reporting 
system requirements under 41 CFR 60-741.44(h) and 60-300.44(h);
     details of computations and calculations contained in the 
data collection analysis under 41 CFR 60-741.44(k) and 60-300.44(k);
     utilization analysis evaluating the representation of 
individuals with disabilities in each job group or, if appropriate, 
evaluating the representation of individuals with disabilities in the 
workforce as a whole, as provided in 41 CFR 60-741.45; and
     documentation of the hiring benchmark adopted, including 
the methodology used to establish it if using the five factor approach, 
as described in 41 CFR 60-300.45.

3. Improved Information Technology

    In general, under OFCCP regulations each contractor develops its 
own methods for collecting support data, developing and maintaining 
information. Contractors are free to use whatever methods best suit 
their needs as long as they can retrieve and provide OFCCP with the 
data required by the agency's regulations.
    The vast majority of Federal contractors and subcontractors are 
repeat contractors. Since they are subject to OFCCP's regulatory 
requirements year after year, most have developed their information 
technology systems to generate the data required by OFCCP regulations.
    Information technology systems used to comply with data 
requirements under OFCCP's regulations should be capable of:
     Monitoring hours worked on construction projects,
     facilitating calculation of utilization,
     collecting employment activity data (for example: 
applicants, hires, promotions, and terminations) related to EO 11246, 
and if applicable, Section 503 and VEVRAA,
     conducting Section 503 utilization analysis,
     analyzing outreach and recruitment,
     tracking self-identification,
     disseminating EO policies,
     providing notice to subcontractors and vendors, and
     facilitating calculation of the annual VEVRAA hiring 
benchmark.
    In addition, OFCCP provides compliance assistance to all 
contractors, including smaller contractors, by leveraging information 
technology. For example, OFCCP's Web site provides wider access to 
compliance resources and information, including:
     Webinar trainings on a variety of compliance related 
topics found at www.dol.gov/ofccp
     Small Business Guide at http://www.dol.gov/ofccp/TAguides/sbguide.htm
     New Contractors' Guide at http://www.dol.gov/ofccp/TAguides/new_contractors_guide.htm
     2006-2010 EEO Tabulation available at http://www.census.gov/people/eeotabulation/data/eeotables20062010.html
     Contractors' VEVRAA Hiring Benchmark Database projected in 
Q2 of FY2014
     Employment Resource Referral Directory at http://www.dol-esa.gov/errd/index.html
    OFCCP believes that advances in technology make contractor 
compliance with the recordkeeping and reporting requirements easier and 
less burdensome. However, in the absence of empirical data, OFCCP is 
unable to quantify the impact of improved information technology. 
Accordingly, OFCCP does not include it in the calculation of burden 
hours.
    Pursuant to the Government Paperwork Elimination Act (GPEA, P.L. 
105-277, 1998), by October 2003, Government agencies must generally 
provide the option of using and accepting electronic documents and 
signatures, and electronic recordkeeping, where practicable. OFCCP 
fulfills its GPEA requirements by permitting electronic transmission, 
via email or computer disk, of contractors' documentation.

4. Description of Efforts To Identify Duplication

    The reporting and recordkeeping requirements in this request result 
exclusively from the implementation of EO 11246, Section 503, and 
VEVRAA. These authorities uniquely empower the Secretary of Labor, and 
by a Secretary's Order, the OFCCP, to require the collection, analysis, 
and reporting of data and other information in connection with the 
enforcement of the laws and regulations requiring Government 
contractors to take affirmative action to ensure equal employment 
opportunity. No duplication of effort exists because no other 
Government agencies have these specific data collection requirements.
    Where possible, OFCCP participates in information sharing and 
standardized requirements. Examples are OFCCP's joint collaboration on 
and use of EEOC's EEO-1 Report, and OFCCP's use of UGESP created with 
EEOC, OPM, DOJ and DOL. See Part 60-3.
    While contractors maintain other employment data as a normal course 
of business, the 16 construction affirmative action specifications are 
unique in that contractors engage in specific activity to comply with 
the requirements of OFCCP regulations. This documentation is not 
available from any other source.

5. Collection by Small Organizations

    OFCCP believes that its information collection does not have a 
significant economic impact on a substantial number of small entities. 
Generally for the purposes of identifying small business entities, 
OFCCP has determined that entities with fewer than 500 employees are 
small entities. Thus in making this determination, OFCCP compared the 
number of small business entities involved in construction to its 
construction contractor universe. Based on U.S. Census data there are 
657,364 small construction firms that employ fewer than 500 people. 
Based on the May 2014 SAM data, there are 49,385 Federal construction 
contractors with fewer than 500 employees. Thus, comparing the number 
of small Federal contractors to the number of small construction 
contractor firms, OFCCP estimates that this ICR impacts approximately 
7.5 percent of small construction firms.
    OFCCP then examined the economic impact of the ICR. The estimated 
cost of the ICR is $499 per contractor.\19\ OFCCP compared the cost of 
the ICR to the receipts from the U.S. Census Bureau's Statistics of 
U.S. Businesses for the North American Industry Classification System 
Code 23, disaggregated by firm size. In comparing the average annual

[[Page 52051]]

receipts ($50,246) of the smallest construction firms, those firms with 
receipts below $100,000, OFCCP determined that this ICR would account 
for less than one percent of the average annual receipts. Thus OFCCP 
believes that this ICR will not have a significant impact on small 
construction firms.\20\
---------------------------------------------------------------------------

    \19\ This estimate of $499 includes the costs of recordkeeping, 
reporting, and operations and maintenance.
    \20\ The average annual receipts for firms with sales/receipts/
revenues below $100,000 is $50,246. Therefore, comparing the cost of 
the ICR, $499 to the average annual receipts equals 0.0993 ($499/
$50,246 = 0.0993).
---------------------------------------------------------------------------

6. Consequences for Federal Programs if This Information Is Collected 
Less Frequently

    Less frequent collection could negatively affect civil rights 
enforcement activities because the data should reflect the contractor's 
existing workforce. Current information is imperative if OFCCP's 
compliance officers are to accurately assess contractors' good faith 
efforts to employ a diverse workforce relative to the demographics of 
the local population. Likewise, less frequent collection could 
undermine the success of a Federal contractor's affirmative action 
activities because the demographics of their workforce would not be 
reported. As a result, contractors' efforts to recruit, hire, and 
retain minority and female employees may be inadequate or misdirected. 
More current data therefore allows contractors to make more efficient 
use of the resources it employs to satisfy outreach and recruitment 
obligations.
    For construction contractors that file EEO-1 Reports annually, less 
frequent collection could negatively affect OFCCP's civil rights 
enforcement activities because the agency would no longer have access 
to the most current data. As mentioned previously, EEO-1 data underpins 
our analyses of employment trends and patterns. Presently, data 
resulting from annual filing of the EEO-1 Report is one year old by the 
time OFCCP receives it; it can be 2 years old by the time OFCCP obtains 
new or updated data. If OFCCP allows contractors to file EEO-1 Reports 
in alternate years, the agency would receive and use data that is 
between two to four years old. The older the data the greater the 
chances are that more qualified workers may be victims of 
discrimination and that the discrimination continues for a longer 
period. A consequence may be that make whole remedies and the overall 
burden of contractor compliance are greater.\21\
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    \21\ A victim of employment discrimination may be entitled to a 
remedy that places him or her in the position he or she would have 
been in if the discrimination had not occurred. This may mean that 
the victim may be entitled to hiring, promotion, reinstatement, back 
pay, a pay raise, or reasonable accommodation, including 
reassignment. OFCCP does not recover punitive damages.
---------------------------------------------------------------------------

7. Special Circumstances for the Collection of Information

    Section 41 CFR 60-4.3(a)7.d requires contractors to immediately 
notify OFCCP's Director in writing when the union or unions with which 
a specific contractor has a collective bargaining agreement has not 
referred a woman or minority individual that was sent by that 
contractor. Similarly, contractors must notify OFCCP when they have 
information that the union referral process has impeded contractors' 
efforts to meet the obligations under these regulations.
    This requirement is necessitated by Section 207 of EO 11246. 
Pursuant to this section, OFCCP is required to take action to ensure 
that any union or other agency referring workers on Federal contracts 
cooperates with the implementation of the Order. Further, when 
appropriate, OFCCP must notify the EEOC, DOJ, or other appropriate 
Federal agencies whenever it has reason to believe that the practices 
of any such labor organization or agency violate Title VI or Title VII 
of the Civil Rights Act of 1964 or other provision of Federal law.
    In order to comply with the requirements of EO 11246, OFCCP must 
receive timely notice when unions are not referring women or minority 
individuals sent by contractors.

8. Consultation Outside the Agency

    All OFCCP ICRs containing recordkeeping or reporting requirements 
are published in the Federal Register for public comment before agency 
adoption. This ICR is being published for comment and all comments 
received will be addressed in this section.

9. Gift Giving

    OFCCP provides neither payments nor gifts to respondents.

10. Assurance of Confidentiality

    Contractors who submit the required information during a compliance 
evaluation may view it as extremely sensitive information. OFCCP will 
evaluate all information pursuant to the public inspection and 
disclosure provisions of the Freedom of Information Act (FOIA), 5 
U.S.C. 552, and the Department of Labor's implementing regulations at 
29 CFR Part 70. OFCCP requires that contractors whose records are the 
subject of FOIA disclosure requests be notified in writing and that 
OFCCP make no decision to disclose information until contractors 
affected by the FOIA request have an opportunity to submit objections 
to the release of the information.
    Furthermore, it is OFCCP's position that it does not release any 
data obtained during the course of compliance evaluations until the 
matters are completed.

11. Sensitive Questions

    Generally, OFCCP does not collect information of a personal nature, 
such as marital status, religious beliefs, or other matters commonly 
considered private during the course of its compliance evaluations. 
Where allegations of employment discrimination are present, such 
evidence may become relevant. Under such circumstances, OFCCP may seek 
evidence concerning the attitudes or biases of selecting officials 
regarding race, sex, color, religion, national origin, disability or 
veteran status, as appropriate. OFCCP has no set of standardized 
questions and the gathering of such data is unique to each 
investigation.
    OFCCP regulations require contractors to list employees and 
applicants by sex and by race or ethnicity in their employment activity 
data (see 41 CFR 60-1.12(c), 60-3.4, and 60-3.15). Contractors and the 
government require race, sex, and ethnicity data to evaluate the 
results of contractors' affirmative action efforts. Data are also 
required to investigate for indicators of potential employment 
discrimination. No equal employment opportunity program could operate 
without such data. Generally, contractors inform their employees that 
they collect and maintain race, sex, and ethnicity data strictly for 
purposes of meeting their nondiscrimination and affirmative action 
obligations.
    A separate ICR covers employee complaint investigations approved by 
the OMB under OMB No. 1250-0002--``Complaint of Discrimination in 
Employment Under Federal Government Contracts'' (Form CC-4). Form CC-4 
requires a description of an individual's disability, if disability 
discrimination is alleged. Consequently, OFCCP considers this a 
sensitive question. The disability information is necessary to 
establish jurisdiction under Section 503 of the Rehabilitation Act of 
1973, as amended. As noted in number 10 above, OFCCP assures compliance 
with the Privacy Act of 1974.

[[Page 52052]]

12. Estimate of Information Collection Burden

    The following is a summary of the methodology used by OFCCP for the 
calculation of the recordkeeping, reporting, and third party disclosure 
burden requirements for OFCCP's construction ICR.
a. Recordkeeping Burden
    OFCCP's regulations impose a recordkeeping burden for developing, 
updating, and maintaining documentation and records related to 
contractors' efforts to comply with OFCCP's regulations. The below 
calculations of hours for each requirement is based on information 
provided by OFCCP field staff.
(1) Equal Opportunity Clause
    Section 60-1.4(a)(7) requires all covered construction contractors 
to include the equal opportunity (EO) clause in all nonexempt 
subcontracts. The EO clause may be incorporated by reference or 
operation \22\ into subcontracts, thus there is no burden associated 
with this requirement.
---------------------------------------------------------------------------

    \22\ 41 CFR 60-1.4(d) and 1.4(e).
---------------------------------------------------------------------------

(2) Uniform Guidelines on Employee Selection Procedures
    Four Federal agencies, in addition to OFCCP, use UGESP. However, 
nearly all of the burden hours are associated with the EEOC, OFCCP, and 
DOJ; the fourth agency, OPM, assumes little if any burden related to 
the collection and retrieval of employment data required under UGESP.
    The EEOC, under OMB Number 3046-0017, accounts for all employers 
with 15 or more employees. Federal construction contractors with 1-14 
employees are subject to OFCCP's recordkeeping requirements. Based on 
information in the SAM, OFCCP estimates that there are 29,642 
construction contractors that employ between 1 and 14 employees; OFCCP 
estimates that, on average, contractors expend 2.18 hours meeting this 
obligation. Therefore, OFCCP believes that the burden for this 
provision is 64,620 hours (29,642 contractors x 2.18 hours = 64,620 
hours)
(3) Solicitations
    Section 60-4.2 requires all contracting officers, applicants for 
construction contracts, and covered nonconstruction contractors to 
include the ``Notice of Requirement for Affirmative Action to Ensure 
Equal Employment Opportunity'' set forth in section 4.2 in all 
solicitations for offers and bids on all Federal and federally assisted 
construction contracts or subcontracts. This clause is incorporated by 
operation of the order, thus there is no burden associated with its 
incorporation.\23\
---------------------------------------------------------------------------

    \23\ 41 CFR 60-4.9.
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(4) Maintenance of Documentation
    Section 60-4.3(a)7 requires contractors to maintain records and 
documentation demonstrating efforts to comply with the 16 affirmative 
action specifications. The requirements and estimated hours of burden 
are detailed in numbers (5) through (19) below.
(5) Ensure Work Environment Free of Harassment
    Section 4.3(a)7.a requires contractors to maintain a work 
environment free of harassment, intimidation, and coercion. In doing 
this, contractors are required to ensure that supervisory staff are 
aware of and carry out contractors' obligations. Burden hours 
associated with supervisor training and evaluation are included in 
numbers (11) and (20) below. Thus, there is no burden associated with 
this requirement.
(6) Develop, Maintain and Use a List of Recruitment Resources
    Section 4.3(a)7.b requires contractors to develop and maintain 
current lists of minority and female recruitment sources, provide 
written notification to these sources when a contractor or its unions 
have employment opportunities, and maintain records of the 
notification. OFCCP estimates that for first-time contractors it takes 
0.33 hours (20 minutes) to identify and establish a list of sources. 
OFCCP also estimates that it takes 0.17 hours (10 minutes) for existing 
contractors to maintain their list. Based on its experience, OFCCP 
assumes that 1 percent of its universe is first-time contractors and 99 
percent are existing contractors. Thus, the burden for developing and 
maintaining a current list of sources is estimated as 8,997 hours ((.33 
hours x 524 first time contractors = 173 hours) + (.17 hours x 51,905 
existing contractors = 8,824)).
    In addition, OFCCP estimates it takes 0.25 hours (15 minutes) to 
notify the sources on the list when opportunities occur and 0.08 hours 
(5 minutes) to maintain records of the notifications. Thus, OFCCP 
estimates the burden for notification and maintaining documentation is 
17,302 hours (.33 hours x 52,429 contractors).
    In sum, OFCCP estimates the total burden hours for complying with 
this requirement (including developing and maintaining the list of 
sources, contacting the sources, and maintaining copies of the notices 
sent) at 26,299 hours (8,997 hours + 17,302 hours).
(7) Maintain Current Files of Minority and Female Applicants
    Section 4.3(a)7.c requires contractors to maintain a current file 
of minority and female applicants and referrals from all sources and to 
document in the file the actions taken with respect to each individual. 
OFCCP estimates it takes 0.25 hours (15 minutes) to maintain the file. 
Therefore, OFCCP estimates the burden for this requirement is 13,107 
hours (0.25 hours x 52,429 contractors).
    Additionally, OFCCP estimates that, on average, contractors take no 
more than 0.17 hours (10 minutes) for each applicant and make no more 
than 10 decisions annually. Therefore, OFCCP estimates 89,129 hours 
(.17 hours x 10 decisions x 52,429 contractors) to comply with this 
requirement.
    OFCCP estimates the total burden hours for complying with this 
requirement is 102,236 hours (13,107 hours + 89,129 hours).
(8) Notify OFCCP's Director
    Section 4.3(a)7.d requires contractors to notify OFCCP's Director 
in writing when the union or unions with which any contractor has a 
collective bargaining agreement has not referred a minority or female 
applicant that was sent by the contractor. Similarly, contractors must 
notify OFCCP's Director if any contractor has information that the 
union is impeding its efforts to meet the obligations of these 
requirements. OFCCP receives very few such requests, thus it estimates 
the total burden for such a request to as 10 hours, which includes both 
the recordkeeping and the reporting.
(9) Develop On the Job Training
    Section 4.3(a)7.e requires contractors to develop on the job 
training opportunities or participate in training programs for the job 
areas which expressly include minorities and women. In addition, 
contractors must provide notice of these opportunities and job programs 
to its recruitment sources, state employment offices, and other 
referral sources that have been compiled under 41 CFR 60-4.3(a)7.b. 
OFCCP estimates the burden hours associated with documenting the 
development of training programs or enrolling minorities and women in 
existing training programs is 0.75 hours (45 minutes). OFCCP estimates 
the burden associated with maintaining records of employees' 
participation in training is 0.25 hours (15 minutes). Additionally, 
OFCCP estimates that maintaining records of contributions to

[[Page 52053]]

training programs takes 0.25 hours (15 minutes). Therefore, OFCCP 
estimates the hours associated with this burden as 65,536 hours (1.25 
hours x 52,429 contractors).
(10) Disseminate EEO Policy Statement to Unions and Training Programs
    Section 4.3(a)7.f requires contractors to broadly disseminate its 
EEO policy statement, including, but not limited to: Sending it to 
unions and training programs; publishing it in policy manuals; and 
including it in collective bargaining agreements. It also requires 
contractors to review the EEO policy with all management and minority 
and female employees, and to post it for all employees.
    In estimating the burden, OFCCP believes that first-time 
contractors make up 1 percent of the construction contractor universe 
(524 contractors). OFCCP estimates it would take 0.33 hours (20 
minutes) for a first time contractor to develop an EEO policy 
statement. OFCCP believes existing contractors require 0.17 hours (10 
minutes) to review and update their existing EEO policy statement. 
Thus, OFCCP estimates 8997 hours ((.33 hours x 524 first time 
contractors = 173 hours) + (.17 hours x 51,905 existing contractors = 
8,824 hours)) for contractors to either update or develop an EEO policy 
statement.
    OFCCP estimates it will take 0.25 hours (15 minutes) for first-time 
contractors to incorporate the policy statement into employee handbooks 
and policy manuals. Therefore it estimates the burden of this 
requirement as 131 hours (0.25 hours x 524 first-time contractors). In 
addition, OFCCP estimates it will take 0.25 hours for all contractors 
to provide notification to unions and other recruitment sources. Thus 
the burden of notification is 13,107 hours (0.25 hours x 52,429 
contractors).
    OFCCP estimates it will take 0.5 hours (30 minutes) for all 
contractors to document the discussion of the policy with employees and 
its internal posting. Thus OFCCP estimates the burden of this 
requirement to be 26,215 hours (0.5 hours x 52,429 contractors).
    In sum, OFCCP estimates the total burden for this provision to be 
48,450 hours (8,997 + 131 + 13,107 + 26,215).
(11) Review EEO Policy Annually with Employees Having Hiring 
Responsibilities
    Section 4.3(a)7.g requires contractors annually to review the EEO 
policy with all employees having hiring responsibilities for personnel 
activities (e.g., hiring, promotion, termination, lay-off, etc.). OFCCP 
estimates it will take an average of 2 hours to develop, deliver and 
document the annual training. Thus, OFCCP estimates the burden to be 
104,858 hours (2 hours x 52,429 contractors).
(12) Disseminate EEO Policy Externally
    Section 4.3(a)7.h requires contractors to disseminate EEO policy 
statements in advertisements in the news media and to other contractor 
and subcontractors. OFCCP estimates it will take all contractors 0.5 
hours to develop correspondence and send it. Thus, OFCCP estimates the 
burden for this requirement to be 26,215 hours (0.5 hours x 52,429 
contractors).
(13) Direct Recruitment Efforts to Community Organizations and Schools
    Section 4.3(a)7.i requires contractors to direct its recruitment 
efforts to community organizations and schools with minority and female 
participants and students. Actions associated with this requirement are 
accounted for in the burden assessment for section 41 CFR 60-4.3(a)7.b. 
Therefore, OFCCP estimates no additional burden for this requirement.
(14) Encourage Employee Referrals
    Section 4.3(a)7.j requires contractors to encourage current 
minority and female employees to recruit other minority and female 
employees. It also requires contractors, where reasonable, to provide 
summer and afterschool employment to minority and females. OFCCP 
estimates that it takes contractors 0.25 hours to comply with this 
requirement. Thus, the burden estimate is 13,107 hours (0.25 hours x 
52,429 contractors).
(15) Validate Tests
    Section 4.3(a)7.k requires contractors to comply with the UGESP 
requirements. As explained above, the burden associated with complying 
with the UGESP burden is assumed under OMB Number 3046-0017 for 
contractors with 15 or more employees. Further, OFCCP accounts for 
employers with 1 to 14 employees it its calculation of UGESP burden 
found in this ICR at Item number 12a(2). Thus there is no additional 
assessment of burden for this requirement.
(16) Conduct an Annual Inventory of Employees
    Section 4.3(a)7.l requires contractors to conduct an annual 
inventory of minority and female employees for promotional and 
developmental opportunities. OFCCP estimates it takes 0.5 hours to 
conduct the assessment and maintain documentation. Thus, the burden 
estimate for this requirement is 26,215 hours (0.5 hours x 52,429 
contractors).
(17) Ensure Personnel Practices Do Not Have a Discriminatory Effect
    Section 4.3(a)7.m requires contractors to ensure that its personnel 
practices (e.g., seniority, job classifications, work assignments, 
etc.) do not have a discriminatory effect. OFCCP estimates that on 
average contractors spend 0.5 hours (30 minutes) documenting its 
activities that comply with this requirement. Thus, the burden estimate 
for this requirement is 26,215 hours (0.5 hours x 52,429 contractors).
(18) Ensure Facilities Are Not Segregated
    Section 4.3(a)7.n requires contractors to ensure that its 
facilities are non-segregated. The exception is the provision for 
separate or single user toilet and changing facilities to provide 
privacy between the sexes. OFCCP estimates it takes contractors 0.25 
hours (15 minutes) to maintain material evidence of compliance with 
this requirement. Thus OFCCP estimates the burden as 13,107 hours (0.25 
hours x 52,429 contractors).
(19) Document and Maintain a Record of All Solicitations of Offers for 
Subcontractors
    Section 4.3(a)7.o requires contractors to maintain documentation of 
all solicitations and offers from minority and female construction 
contractors or suppliers. OFCCP estimates that it takes 0.5 hours (30 
minutes) to maintain a file of documentation that includes all 
solicitation and offers as required. Thus OFCCP estimates the burden as 
26,215 hours (0.5 hours x 52,429 contractors).
(20) Evaluate Supervisor Performance
    Section 4.3(a)7.p requires contractors to evaluate annually the 
performance of its supervisory personnel on their performance under the 
EEO and affirmative action requirements of these specifications. OFCCP 
estimates that, on average, it takes contractors 0.75 hours (45 
minutes) to compile written evidence that supervisory personnel have 
been notified regarding their performance with regard to each 
contractor's EEO and affirmative action obligations. Thus, OFCCP 
estimates the burden as 39,322 hours (.75 hours x 52,429 contractors).
(21) Hometown Plans
    Sections 4.4 and 4.5 detail the requirements of contractors that 
participate in approved Hometown

[[Page 52054]]

Plans. OFCCP no longer approves Hometown Plans, thus no burden is 
assessed for this provision.

Recordkeeping Total

    The table below summarizes the recordkeeping burden hours.

------------------------------------------------------------------------
  Hours                                 Item
------------------------------------------------------------------------
        0  EO Clause
   64,620  UGESP Recordkeeping
        0  Solicitation
  554,099  16 Affirmative Action Provisions
        0  Hometown Plans
----------
  618,719  Total Recordkeeping Burden
------------------------------------------------------------------------

    OFCCP estimates the combined recordkeeping burden for compliance 
with the construction requirements of EO 11246 as 618,719 hours, or 
approximately 12 hours per contractor.\24\
---------------------------------------------------------------------------

    \24\ Per contractor burden is determined by dividing the total 
hours (631,826) by the construction contractor universe of 52,429.
---------------------------------------------------------------------------

b. Reporting Burden
    OFCCP's reporting burden for construction contractors, as detailed 
below, includes providing notification of subcontract awards, filing 
EEO-1 Reports, providing documentation during compliance evaluations, 
notifying the OFCCP Director as prescribed at 41 CFR 60-4.3(a)7.d, and 
a third party reporting provision.
(1) Notification of Subcontract Awards
    Subsection 60-4.2(d)3 requires contracting officers, applicants for 
construction contracts, covered nonconstruction contractors, and 
Federal construction contractors to notify OFCCP within 10 working days 
of awards of covered contracts and subcontract awards in excess of 
$10,000. OFCCP estimates it would take 0.5 hours (or 30 minutes) to 
identify the needed information, develop it, and send the notification 
to OFCCP. Using data from USASpending.gov to further inform OFCCP's 
estimate of burden, OFCCP determined that there are 63,411 Federal 
construction contracts and 8,309 federally assisted grants awarded 
annually on average.\25\ Thus, there are approximately 71,720 prime 
construction contract awards. There is no reliable source of data for 
subcontract awards; absent hard data, OFCCP estimates there are 
approximately 4 subcontracts for each prime contract award, and thus 
OFCCP estimates that there are 286,880 notifications (71,720 
construction contracts x 4 notifications) sent annually. To determine 
the average number of notifications sent by each contractor, OFCCP 
divided 286,880 notifications by the contractor universe of 52,429, 
which results in an average of roughly five notifications sent to OFCCP 
annually. Thus, the estimated burden associated with this requirement 
is 131,073 hours (0.5 hours x 5 notifications annually x 52,429 
contractors).
---------------------------------------------------------------------------

    \25\ OMB established USA Spending as a single searchable Web 
site of Federal spending activities accessible to the public. The 
Web site details information on individual awards of federal monies 
including contracts and grants. The average construction contracts 
are based on fiscal years 2010 through 2012 (65,964 + 65,136 + 
59,134) divided by 3. The average federal assistance was based on an 
examination of each agencies individual list of grants for the same 
period of time (7,612 + 8,189 + 9,127), identifying the number of 
grants that are described as construction, repair, and remediation. 
Thus the number is approximated as not all agencies provide complete 
descriptions of the funded work.
---------------------------------------------------------------------------

(2) EEO-1 Reports
    Construction contractors with 50 or more employees and a contract 
of $50,000 or more are required to file EEO-1 Reports with the Joint 
Reporting Committee. The burden associated with this Information 
Collection, submitted by EEOC, is approved under OMB No. 3046-0007. 
Therefore, OFCCP does not assess burden for this requirement as a part 
of this ICR.
(3) Compliance Evaluations
    Section 60-1.20 describes OFCCP's compliance evaluation process. 
During compliance evaluations of construction contractors, OFCCP does 
not request documentation when scheduling the evaluation. Rather, the 
evaluation is scheduled and documents and information are gathered 
during the onsite investigation. Although OFCCP believes that this 
request for documentation would be considered exempt from the 
requirements of the Paperwork Reduction Act of 1995 (see 44 U.S.C. 
3518), it estimates burden for contractors analyzing requests for 
information (1 hour) and retrieving documents (2 hours).\26\ Thus, 
OFCCP estimates the reporting burden during a compliance evaluation as 
3 hours. OFCCP further asserts that it has conducted, on average, 498 
compliance evaluations annually.\27\ Therefore, OFCCP estimates the 
burden associated with this reporting requirement as 1,494 hours (3 
hours x 498 compliance evaluations).
---------------------------------------------------------------------------

    \26\ The two hours includes retrieval of Section 503 and VEVRAA 
AAPs if the contractor scheduled has more than 50 employees and a 
direct contract of $50,000 or more for the Section 503 AAP and a 
direct contract of $100,000 or more for the VEVRAA AAP.
    \27\ OFCCP averaged the number of construction compliance 
evaluations during fiscal years 2010 through 2013 (515,550,511, and 
414) to determine the number of construction compliance evaluations.
---------------------------------------------------------------------------

(4) Notifying OFCCP's Director
    Section 4.3(a)7.d requires contractors to notify OFCCP's Director 
in writing if the union or unions with which any contractor has a 
collective bargaining agreement are impeding a contractor's efforts to 
comply with the requirements. Based on OFCCP's experiences with this 
provision, it estimates a total of an additional 10 hours burden for 
compliance.
c. Third Party Disclosure
    OFCCP's third party disclosure burden hours are based on 41 CFR 60-
1.4(a)(3), 60-300.5(a)10, and 60-741.5(a)5, which require contractors 
to notify its labor organizations that it must comply with EO 11246, 
VEVRAA, and Section 503, respectively. Contractors may notify the 
organizations by mail, telephone, facsimile, or email. Assuming it 
takes 30 minutes to compose and 30 minutes to distribute written 
notification by mail to its labor organizations, OFCCP estimates an 
average of 1 hour per contractor, or 52,429 hours for notifying labor 
organizations. This is almost certainly an overestimation because it 
assumes that all contractors are a party to a collective bargaining 
agreement and further assumes they would use mail distribution, which 
takes longer than electronic distribution.

Reporting and Third Party Disclosure Total

------------------------------------------------------------------------
  Hours                                 Item
------------------------------------------------------------------------
  131,073  Notification of Subcontract Award
        0  EEO-1 Reporting
    1,494  Compliance Evaluations
       10  Notifying OFCCP's Director
   52,429  Third Party Disclosure
----------
  185,006  Total Reporting Burden
------------------------------------------------------------------------

    OFCCP estimates that the combined reporting and third party 
disclosure provisions of the construction ICR are 185,006 hours, or 
approximately 4 hours per contractor.

Summary of Recordkeeping, Reporting and Third Party Disclosure

    The table below shows the sum of OFCCP's estimate of recordkeeping, 
reporting and third party disclosure burden for its construction ICR.

------------------------------------------------------------------------
                                                                   Total
                                                      618,719  Recordkeeping
                                                                Burden Hours
---------------------------------------------------- ------------------------
 618, 719  Total Recordkeeping Burden Hours
  132,577  Total Reporting Burden Hours
----------

[[Page 52055]]

 
   52,429  Total Third Party Disclosure Burden Hours
 
  803,725  Total Recordkeeping, Reporting, and Third
            Party Disclosure Burden Hours
------------------------------------------------------------------------

d. Annualized Cost of Burden Hours to Contractors
    The contractors' estimated annualized cost is based on Bureau of 
Labor Statistics data in the publication, ``Employer Costs for Employee 
Compensation''--December 2013, which lists total compensation 
(including wages and benefits) for management, professional, and 
related occupations as $51.58 per hour and administrative support as 
$24.23 per hour. Based on OFCCP's experience conducting compliance 
evaluations, OFCCP estimates that 30 percent of the burden hours will 
be management, professional, and related occupations (Mgmt. Prof.) and 
70 percent will be administrative support (Adm. Supp.).\28\ OFCCP has 
calculated the total estimated annualized cost as follows:
---------------------------------------------------------------------------

    \28\ Generally construction companies are small and the 
recordkeeping activities are performed by administrative support 
staff. Management involvement occurs as oversight to recordkeeping 
activities and during compliance evaluations (reporting). Thus, 30 
percent of the total hour calculation (performed by management level 
employees) is 245,050 hours, and 70 percent is 571,782 hours.

Mgmt. Prof.: 803,725 hours x .30 x $51.58 = $12,436,841
Adm. Supp.: 803,725 hours x .70 x $24.23 = $13,631,980
Total annualized cost estimate = $26,068,820

    Estimated average cost per contractor is: $26,068,820/52,429, or 
$497.

13. Annual Operations and Maintenance Cost Burden to Respondents

    OFCCP estimates that contractors will have operations and 
maintenance costs associated with this collection. Those costs are 
associated with the notification of subcontract awards, notifying 
OFCCP's Director, and the third party disclosure.
    OFCCP estimates that the notifications will be sent by United 
States Postal Service (USPS) and email. Based on its experience, OFCCP 
receives approximately 50 percent of its notices by email and 50 
percent by USPS. There are no mailing costs associated with email 
transmissions. The table below shows the operations and maintenance 
cost for those contractors that use USPS to send their notifications.

----------------------------------------------------------------------------------------------------------------
                                                             Number of
                        Activity                           transmissions         Postage
----------------------------------------------------------------------------------------------------------------
Notice of Subcontract Awards...........................            143,440               0.49            $70,286
                                                           (286,880 x .50)
Notice to OFCCP Director...............................                  1               0.49              $0.49
                                                                 (1 x .50)
Third party Disclosure.................................             26,215               0.49            $12,845
                                                            (52,429 x .50)
                                                        --------------------------------------------------------
    Total..............................................  .................  .................            $83,131
----------------------------------------------------------------------------------------------------------------

    The total estimated costs would be $83,131, or approximately $2 per 
contractor.

14. Estimate of Cost to the Federal Government

    OFCCP has estimated the cost to the Government as follows:

30 Hours per compliance evaluation...       x   498 Compliance                =   14,940 Hours
                                                 Evaluations
                                                                                 -------------------------------
                                                TOTAL HOURS                       14,940
 

    OFCCP estimates the hourly rate at $33.30 (GS-12, step 1), annual 
salary of $69,497, based on the Office of Personnel Management's 2014 
Salary Table for the Rest of the U.S. consisting of the portions of the 
lower 48 United States not located within another locality pay area as 
defined by the Office of Personnel Management. The total cost would be 
$33.30 per hour x 14,940 hours = $497,502. This dollar amount is part 
of the normal cost of OFCCP's enforcement work at the field level.

15. Changes in Burden Hours

a. Recordkeeping Burden Hours
    The previous submission in 2011 included 1,324,660 hours for 
recordkeeping. The current request is for 618,719 hours. This decrease 
of 705,941 hours in the recordkeeping burden is due to a decrease in 
the number of covered contractors in the universe. Specifically, OFCCP 
estimates that its universe decreased by 23,267 Federal construction 
contractor respondents.
b. Reporting Burden Hours
    The previous submission in 2011 included 1,660 hours for reporting. 
The current request is for 132,577 hours, an increase of 130,917 hours. 
This increase is related to OFCCP revising its calculation related to 
the burden hours associated with contractors complying with the 
notification of subcontract awards found at 41 CFR 60-4.2(c).
c. Third Party Disclosure Burden Hours
    The previous submission in 2011 included no hours for third party 
disclosure. The current request is for 52,429 hours. This increase of 
52,429 hours in the third party disclosure hours is due to recognition 
that the third party disclosure is not the same notification as found 
in 41 CFR 60-4.3(a)7.f.

16. Statistical Uses and Publication of Data

    OFCCP does not publish the data collected by way of the items 
contained in this request as statistical tables.

17. Approval Not To Display the Expiration Date

    OFCCP is not seeking such approval.

[[Page 52056]]

18. Exceptions to the Certification Statement

    OFCCP is able to certify compliance with all provisions.

B. Collections of Information Employing Statistical Methods

    This information collection does not employ statistical methods.

[FR Doc. 2014-20711 Filed 8-29-14; 8:45 am]
BILLING CODE 4510-45-P