On Friday, the Office of Management and Budget (OMB) published notice it would begin reviewing the proposed changes to OFCCP’s Supply and Service scheduling letters, including the Section 503 and VEVRAA Focused Reviews and Compliance Check letters. OMB is seeking public comments until July 29, 2019 to aid in its review.  Under the Paperwork Reduction Act (PRA), OMB must evaluate all new and (periodically) all existing federal government requests for information based on administrative burden.

OFCCP originally published its proposed revisions to the scheduling letter in mid-April.  We previously discussed these changes which include—requiring employers under audit to submit a list of their largest subcontractors, providing OFCCP with employee promotion “pools,” and a request for internal compensation analyses, among other changes. That comment period closed June 11 with the Agency receiving comments from many interested stakeholders.  OFCCP has now revised their proposed letters.

Presently, OMB is particularly interested in comments that:

  • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
  • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
  • Enhance the quality, utility, and clarity of the information to be collected; and
  • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

The approval for the current scheduling letter expired on June 30, 2019; however, the notice states the existing information collection requirements receive a month-to-month extension while OMB’s evaluation of the proposed revisions is pending.

We will continue to monitor this and other developments as they continue to unfold