OFCCP has proposed 17 changes to the information collection documents seeking approval to develop FAAPs

The OFCCP published a notice in the federal register seeking comments on its revised proposal to renew the information collection for supply and service contractors seeking approval to develop Functional Affirmative Action Programs (FAAPs). Specifically, the agency is seeking comments on whether FAAP documents, including agreement requests, modification notices, certifications, termination notices, and other information requests during the FAAP approval and certification process, should be submitted through the Contractor Portal.

There are 17 proposed changes to the directive, including but not limited to:

• Updating the “Roles and Responsibilities” section to clarify that FAAP contractors are required to notify the agency that they have implemented the FAAP agreement.
• Informing contractors that the FAAP agreement request should be submitted electronically or if they need an alternative method, they should contact OFCCP_FAAP-UNIT@dol.gov.
• Requiring a notice of modification where there is a change in a functional or business unit’s management official, to be submitted within 60 calendar days of the official change.
• Clarifying that modifications to the FAAP agreement, including changes to management officials, do not extend the five-year term.
• Updating the procedures for certifying a FAAP agreement.
• Providing that OFCCP’s reasons for terminating a FAAP agreement include but are not limited to: (1) the contractor fails to account for all of its employees in a functional or establishment AAP; or (2) if the contractor repeatedly fails to notify OFCCP of a modification to its functional or business units, or structure or organization that affects a FAAP agreement or change in management officials. Two or more such instances during the term of the agreement could constitute a repeated failure to inform OFCCP of modifications.

You can read all the proposed changes on pages 2-4 of the OFCCP FAAP ICR Supporting Statement 60-day Final. Simply follow the download link to access a copy of the document.

Specifically, the agency would like to receive comments that:

• Evaluate whether the proposed collection of information has practical utility and is necessary for the compliance assistance functions of the Agency.
• Evaluate whether the time estimate of the burden of the proposed collection of information, validity of the methodology and assumptions used to determine the burden is accurate. The agency’s estimate of the burden is 1,006 hours, based on 86 contractors providing 150.6 responses taking 6.7 hours. They do not estimate any burden cost for startup or maintenance.
• Enhance the quality, utility, and clarity of the information to be collected.

Written comments can be mailed or delivered to Tina T. Williams, Director, Division of Policy and Program Development, OFCCP, 200 Constitution Avenue NW, Room C-3325, Washington, DC 20210. Questions can be made directly to Ms. Williams at 202.693.0103. Electronic comments can be provided using the federal eRulemaking portal by following the instruction found on the website. All comments must be received on or before April 11, 2022.

OutSolve’s Take 

If you currently have a FAAP agreement or are considering applying for one, then we suggest that you seriously consider and comment on the revised changes that are being proposed by OFCCP. Based on OFCCP’s estimate of the burden, we must assume that there are currently 86 FAAP agreements in force. That is a small amount considering the number of establishment plans. However, for companies that are structured based on business or functional units and not physical establishments, preparing FAAPs makes more sense, especially when assigning responsibility for implementation.