View Rule
View EO 12866 Meetings | Printer-Friendly Version Download RIN Data in XML |
DOL/ESA | RIN: 1215-AA01 | Publication ID: Fall 1996 |
Title: Government Contractors: Nondiscrimination and Affirmative Action Obligations (ESA/OFCCP) (Section 610 Review)(Section 610 Review) | |
Abstract: These regulations cover nondiscrimination and affirmative action obligations of Federal contractors under Executive Order 11246, as amended; 38 USC 4212 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended; and Section 503 of the Rehabilitation Act of 1973, as amended (Section 503). The NPRM published 08/25/81 and supplemented on 04/23/82 extended the effective date of a final rule published 12/30/80 and proposed amendments to that rule. The NPRM published 5/21/96 proposed revisions to reduce burdens on the regulated community and to improve the administration of the Executive Order. OFCCP's review of regulatory options continues with emphasis on streamlining and clarifying the regulatory language and reducing paperwork requirements associated with compliance. | |
Agency: Department of Labor(DOL) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
RFA Section 610 Review: Section 610 Review | |
CFR Citation: 41 CFR 60-1 41 CFR 60-2 41 CFR 60-20 41 CFR 60-30 41 CFR 60-50 41 CFR 60-60 41 CFR 60-250 41 CFR 60-741 41 CFR 60-742 41 CFR 60-4 (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: EO 11246, as amended 38 USC 4212 29 USC 793 |
Statement of Need: Parts of the regulations implementing Executive Order 11246 need to be revised to reflect changes in the law that have occurred over time, streamlined, and clarified. Executive Order 11246 requires all Federal contractors and subcontractors and federally assisted construction contractors and subcontractors to apply a policy of nondiscrimination and affirmative action in employment with respect to race, color, religion, sex, and national origin. The regulatory revisions are necessary in order to allow the DOL to effectively and efficiently enforce the provisions of the Executive Order. As a first step in updating its Executive Order regulations, the Department proposed changes to the provisions that govern preaward review requirements; recordkeeping and record retention requirements; certification requirements; and related provisions. In addition, revisions will be made that will conform Executive Order 11246 regulations to the recent changes made in the Department's regulations implementing Section 503 of the Rehabilitation Act. ^PA second phase of revision will contain proposals to change provisions that govern requirements for written affirmative action plans and the provisions concerning evaluation of contractor procedures. |
||||||||||||||||||||||||
Summary of the Legal Basis: No aspect of this action is required by statute or court order. |
||||||||||||||||||||||||
Alternatives: After careful review, it was decided that the most effective way to improve compliance with the Executive Order 11246 provisions, and reduce burdens on contractors, was to propose revisions to these regulations. Administrative actions alone could not produce the desired results. A determination was also made to publish revisions to the remaining regulatory provisions of the Executive Order at a later date so that careful consideration can be given to what changes are needed in each of the parts of the regulations. |
||||||||||||||||||||||||
Anticipated Costs and Benefits: It is anticipated that the net effect of the proposed changes will increase compliance with the nondiscrimination and affirmative action requirements of the Executive Order and reduce compliance costs to Federal contractors. The Department will also be able to utilize its resources more efficiently and more effectively. |
||||||||||||||||||||||||
Risks: An assessment of the magnitude of the risk addressed by this action and how it relates to other risks within the jurisdiction of DOL will be prepared once decisions are reached on specific proposed changes in Executive Order 11246. |
||||||||||||||||||||||||
Timetable:
|
Additional Information: Under the reinventing government initiative, OFCCP's emphasis is on regulatory reform, e.g., to revise the Executive Order 11246 regulations to reduce paperwork burdens, eliminate unnecessary regulations, and simplify and clarify the regulations while improving the efficiency and effectiveness of the contract compliance program. | |
Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: State |
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations | |
Included in the Regulatory Plan: Yes | |
Agency Contact: Joe N. Kennedy Deputy Director, OFCCP Department of Labor Employment Standards Administration Room C3325, 200 Constitution Avenue, FP Building, Washington, DC 20210 Phone:202 693-0101 |