Today, the Trump Administration released its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions, which “reports on the actions administrative agencies plan to issue in the near and long term.”
OFCCP has only one item listed on its agenda, entitled “Affirmative Action and Nondiscrimination Obligations of Federal Contractors and Subcontractors: TRICARE and Certain Other Healthcare Providers.” The description of the forthcoming proposed rulemaking states it will look to revise the affirmative action regulations
concerning the obligations of TRICARE or certain other healthcare providers as federal contractors and subcontractors. This proposed regulatory action would include limiting and otherwise altering the obligations of TRICARE and other healthcare providers covered by these authorities.
If you recall, in 2014 after a lengthy and complicated battle to establish jurisdiction for TRICARE providers, OFCCP issued a Directive placing a moratorium on compliance reviews for all contractors whose sole source of government funding is TRICARE. That moratorium is set to expire in 2019. Not coincidentally, the proposed date for release of this NPRM is April 2019.
No other details about the proposed rulemaking were provided. As soon as additional information is known we will provide an update so stay tuned for the next chapter of this saga.