Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions

Forms and Documents

Document Name	Status
Information Collection Request final 10 29 2014.docx Supporting Statement A	2014-12-05

IC Document Collections

IC ID	Document Title	Status
212993	Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions	New

ICR Details

OMB Control No: 1250-0008	ICR Reference No: 201409-1250-001
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOL/OFCCP	Agency Tracking No: 1250-AA06
Title: Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 12/05/2014
	Date Received in OIRA: 09/17/2014
Terms of Clearance: In accordance with 5 CFR 1320, OMB is withholding approval of this information collection. Prior to the publication of the final rule, the agency must provide to OMB a summary of all comments pertaining to the information collection(s) contained in the rule and any changes made in response to the comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: On April 8, 2014 President Obama signed Executive Order 13665 entitled Non-Retaliation for Disclosure of Compensation Information. The Executive Order amended Executive Order 11246 to prohibit Federal contractors and subcontractors from discharging or discriminating in any other way against employees or applicants who inquire about, discuss or disclose their own compensation or the compensation of another employee or applicant. This information collection request supports the proposed rule revising the regulations implementing Executive Order 11246, as amended. These regulations set forth the definitions for compensation, compensation information, and essential job functions. See proposed 41 CFR 60-1.3. In addition the proposed regulations modify the equal opportunity clauses found at 41 CFR 60-1.4(a) and (b). Finally, the proposed regulations add section 60-1.35 Contractor Obligations and Defenses to Violation of the Nondiscrimination Requirement for Compensation.

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Authorizing Statute(s): EO: EO 13665 Name/Subject of EO: Non-Retaliation for Disclosure of Compensation Information
   EO: EO 11246 Name/Subject of EO: Equal Employment Opportunity
  

Citations for New Statutory Requirements: EO: EO 13665 Name/Subject of EO: Non-Retaliation for Disclosure of Compensation Information

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1250-AA06	Proposed rulemaking	79 FR 55712	09/17/2014

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: On April 8, 2014 President Obama issued Executive Order 13665 prohibiting Federal contractors and subcontractors from discharging or discriminating in any other way against employees or applicants who inquire about, discuss, or disclose their own compensation or the compensation of another employee or applicant. OFCCP has published a proposed rule to implement that Executive Order and this ICR contains the new information collection requirements found in that proposed rule.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/17/2014

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