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 (ICR) addresses the collection of information associated with the process for obtaining, modifying, updating, and renewing an agreement that allows contractors to develop and use functional AAPs.
EO: EO 11246 Name/Subject of EO: Equal Employment Opportunity
OFCCP is requesting Office of Management and Budget (OMB) approval of 1,297 hours (8.6 hours per contractor) in reporting burden for its approval process to allow contractors to develop function based affirmative action programs. This is an increase over the previous request of 926 hours (7.6 hours per contractor). The increase is primarily attributed to the addition of a certification requirement. Additionally, in response to contractor comments during the 60-day and 30-day comment periods, OFCCP removed the requirements in the proposed revised directive that contractors requesting approval to use functional or business unit affirmative action programs provide a copy of a Federal contract and modified its request for information on all subsidiaries. There are no recordkeeping or third party disclosure burdens associated with this Information Collection Request. Those requirements are assessed under 1250-0003.
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:
(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;
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.
Response to Comments Received During the 30 Day Comment Period.docx
National ILG - Comment - FAAP ICR.pdf
Agreement Approval Process for Use of Functional Affirmative Action Programs