Agreement Approval Process for Use of Functional Affirmative Action Programs

Forms and Documents

Document Name	Status
OFCCP FAAP 30 Day Supporting Statement FINAL .docx Supporting Statement A	2022-05-20

IC Document Collections

IC ID	Document Title	Status
202279	Agreement Approval Process for Use of Functional Affirmative Action Programs Instruction	Modified

ICR Details

OMB Control No: 1250-0006	ICR Reference No: 202204-1250-001
Status: Received in OIRA	Previous ICR Reference No: 201809-1250-004
Agency/Subagency: DOL/OFCCP	Agency Tracking No:
Title: Agreement Approval Process for Use of Functional Affirmative Action Programs
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 05/27/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2022
Responses	86	85
Time Burden (Hours)	1,045	862
Cost Burden (Dollars)	0	21

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Abstract: The regulations implementing Executive Order 11246 permit Federal supply and service contractors to develop affirmative action programs (AAPs) that are based on business functions or business units rather than AAPs based on establishments. Functional affirmative action programs (FAAPs) are designed to provide contractors with the option of creating AAPs that better fit their business needs. To develop and implement a FAAP, Federal contractors must receive written approval from the Director of OFCCP. This Information Collection Request addresses the collection of information associated with the process for obtaining, modifying, updating, and renewing an agreement that allows contractors to develop and use FAAPs.

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Authorizing Statute(s): EO: EO 11246 Name/Subject of EO: Equal Employment Opportunity
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 7501	02/09/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 32191	05/27/2022
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Agreement Approval Process for Use of Functional Affirmative Action Programs

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	86	85	0	1	0	0
Annual Time Burden (Hours)	1,045	862	0	183	0	0
Annual Cost Burden (Dollars)	0	21	0	-21	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The increase in burden is due to an increase in the number of FAAP agreements and the addition of a new requirement to notify OFCCP when there is a change in a primary corporate contact or a functional or business unit's management official(s). OFCCP is requesting OMB approval of 1,045 burden hours and zero costs. This is an increase in burden hours and decrease in costs from the previous approval of this information collection of 862 hours and $21.25.

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Annual Cost to Federal Government: $80,063

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 05/27/2022

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