60816 Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Proposed Rules

DEPARTMENT OF LABOR

Office of Federal Contract Compliance

Programs

41 CFR Parts 60–1, 60–250, and 60–741

RIN 1215–AB28, 1215–AB27, 1215–AB23

Affirmative Action and

Nondiscrimination Obligations of

Contractors and Subcontractors;

Compliance Evaluations in All OFCCP

Programs

AGENCY: Office of Federal Contract

Compliance Programs, Employment

Standards Administration, Labor.

ACTION: Notice of proposed rulemaking.

SUMMARY: This proposal would revise

certain regulations implementing

Section 503 of the Rehabilitation Act of

l973, as amended (Section 503 or the

Act). Section 503 requires Government

contractors and subcontractors to take

affirmative action to employ and

advance in employment qualified

individuals with disabilities. The

current regulations implementing

Section 503 authorize OFCCP to

conduct compliance reviews to

determine whether a contractor is

complying with its affirmative action

and nondiscrimination obligations.

Today’s proposal would revise the

Section 503 regulations to expressly

authorize OFCCP to use additional

investigative procedures to determine a

contractor’s compliance with Section

503. In this regard, today’s proposal

would conform the regulations

implementing Section 503 to the

compliance evaluation procedures

contained in the regulations

implementing Executive Order 11246,

as amended, and the affirmative action

provisions of the Vietnam Era Veterans’

Readjustment Assistance Act of 1974, as

amended (VEVRAA), respectively.

In addition, today’s proposal would

revise the compliance check procedure

found in the current regulations

implementing Executive Order 11246

and the affirmative action provisions of

VEVRAA by eliminating the on-site visit

requirement. The compliance check is

one of the four compliance evaluation

methods currently used by OFCCP to

determine a contractor’s compliance

with Executive Order 11246 and the

affirmative action provisions of

VEVRAA.

DATES: To be assured of consideration,

comments must be in writing and must

be received on or before December 11,

2000.

ADDRESSES: Comments should be sent to

James I. Melvin, Director, Division of

Policy, Planning and Program

Development, OFCCP, Room C–3325,

200 Constitution Avenue, N.W.,

Washington, D.C. 20210.

As a convenience to commenters,

public comments transmitted by

facsimile (FAX) machine will be

accepted. The telephone number of the

FAX receiver is (202) 693–1304. To

assure access to the FAX equipment,

only public comments of six or fewer

pages will be accepted via FAX

transmittal. Receipts of FAX

transmittals will not be acknowledged;

however the sender may request

confirmation that a submission has been

received by calling (202) 693–0102

(voice), (202) 693–1308 (TTY).

FOR FURTHER INFORMATION CONTACT:

James I. Melvin, Director, Division of

Policy, Planning and Program

Development, OFCCP, Room C–3325,

200 Constitution Avenue, N.W.,

Washington, D.C. 20210. Telephone

(202) 693–0102 (voice), (202) 693–1308

(TTY). Copies of this proposed rule,

including copies in alternative formats,

may be obtained by calling (202) 693–

0102 (voice), or (202) 693–1308 (TTY).

The alternate formats available are large

print, electronic file on computer disk,

and audiotape. The proposed rule also

is available on the Internet at http://

www.dol.gov/dol/esa.

SUPPLEMENTARY INFORMATION:

Background

Section 503 of the Rehabilitation Act

of 1973, as amended, 29 U.S.C. 793

(Section 503 or the Act), requires parties

holding a nonexempt Government

contract or subcontract in excess of

$10,000 to take affirmative action to

employ and advance in employment

qualified individuals with disabilities.

The Department of Labor’s Office of

Federal Contract Compliance Programs

(OFCCP) enforces Section 503 through

implementing regulations codified at 41

CFR Part 60–741. OFCCP published a

substantial revision of its Section 503

regulations on May 1, 1996 (61 FR

19336). Since that time, OFCCP has

revised its regulations implementing

Executive Order 11246, as amended,

and the affirmative action provisions of

the Vietnam Era Veterans’ Readjustment

Assistance Act, as amended (VEVRAA).

Among the revisions made to both sets

of regulations was the introduction of a

variety of alternative means of assessing

contractors’ compliance with their

nondiscrimination and affirmative

action obligations.

Before amendment, the primary

method for evaluating compliance in the

Executive Order and VEVRAA

enforcement programs was the

‘‘compliance review.’’ Both the scope

and content of a compliance review

under Executive Order 11246 were

prescribed by regulation. Compliance

reviews were to be a comprehensive

evaluation of a contractor’s employment

practices and were to consist of a desk

audit, an on-site review and, if

necessary, an off-site analysis. The

recent amendments to the Executive

Order and VEVRAA implementing

regulations were designed to provide

the agency greater flexibility in the

manner in which it evaluates

compliance by authorizing the agency to

utilize a wider range of methods for

evaluating compliance. Specifically, in

addition to the full compliance review,

three abbreviated methods for

evaluating a contractor’s compliance are

included in the Executive Order 11246

and VEVRAA regulations: off-site

review of records, compliance check,

and focused review.

This proposal to revise certain

provisions of the Section 503

regulations is precipitated by the new

methods for evaluating contractor

compliance introduced in the Executive

Order 11246 and VEVRAA regulations.

Under the current regulations

implementing Section 503 the

compliance review remains the primary

method for evaluating compliance. The

current regulations at 41 CFR 60–741.60

prescribe the scope of compliance

reviews, but unlike the prior Executive

Order regulations, do not prescribe the

content of a review. For example, under

the current regulations, OFCCP may

complete the Section 503 compliance

review without making an on-site visit

to the contractor’s establishment, if the

agency can make a determination about

compliance based upon a review and

analysis of the documentation

submitted by the contractor in response

to the scheduling letter. Likewise, if an

on-site visit is required in order to

evaluate a particular contractor’s

compliance with the requirements of

Section 503, OFCCP has the authority,

under the current regulations, to limit

its on-site investigation to one or two

issues.

Today’s proposal would supplement

the comprehensive compliance review

with a variety of different means for

assessing a contractor’s compliance with

Section 503 and its implementing

regulations. The rule we propose today

would formally adopt the compliance

evaluation approach and expressly

authorize off-site reviews of records,

compliance checks, and focused reviews

under Section 503. Today’s proposal

also would replace the term

‘‘compliance review’’ with ‘‘compliance

Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Proposed Rules 60817

evaluation,’’ as appropriate, in certain

sections of the regulations.

The proposed revisions to 41 CFR Part

60–741 are necessary to harmonize the

procedures used when enforcing

Section 503, the Executive Order, and

VEVRAA. OFCCP believes that adopting

the compliance evaluation approach for

determining compliance with Section

503 and its implementing regulations

would further improve efficiency and

permit the agency to better target its

resources. Today’s proposal would

ensure that the agency could use

parallel procedures to simultaneously

evaluate contractor compliance under

all three laws. At the same time, today’s

proposal would give OFCCP leeway to

develop and pursue enforcement

initiatives that focus on contractor

compliance with the requirements of

Section 503 and its implementing

regulations. For example, the rule we

propose today would allow OFCCP to

conduct compliance checks solely for

the purpose of examining whether

contractors have developed and

implemented the affirmative action

programs required under the regulations

in 41 CFR Part 60–741.

Today’s proposal also would revise

the definition of ‘‘compliance check’’

used in the Executive Order and

VEVRAA regulations by removing the

requirement that OFCCP visit a

contractor’s establishment during a

compliance check. This change would

allow OFCCP greater flexibility when

using the compliance check method to

assess a contractor’s compliance status.

With this change, OFCCP could permit

a contractor to satisfy the requirements

of the compliance check by supplying

the required records and supporting

information to an OFCCP office or other

designated site. Although the proposal

would change how the agency intends

to implement the compliance check, it

would not expand the scope of the

examination contemplated under the

compliance check procedure. Lastly,

today’s proposal corrects a drafting

oversight by adding the term and

definition of ‘‘compliance evaluation’’

to the definition section of the VEVRAA

regulations at 41 CFR 60–250.2. The

definition proposed is consistent with

the definition in OFCCP’s Executive

Order 11246 regulations and with the

definition we today propose to add to

the Section 503 regulations.

Section-by-Section Analysis

Section 60–741.2 Definitions

A definition of the term ‘‘compliance

evaluation’’ is being added to the

definition section of the regulations

implementing Section 503 of the

Rehabilitation Act of 1973. The

proposed definition is consistent with

the definition included in the

regulations implementing Executive

Order 11246 at 41 CFR 60–1.3. Under

the new definition a compliance

evaluation means any one or

combination of actions OFCCP may take

to examine a Federal contractor’s or

subcontractor’s compliance with one or

more of the requirements of Section 503

of the Rehabilitation Act of 1973.

Section 60–741.44 Required Contents

of Affirmative Action Programs

These paragraphs are unchanged from

the existing § 60–741.44, except that the

term ‘‘compliance review’’ has been

replaced with the new term

‘‘compliance evaluation’’ in § 60–

741.44(a)(2).

Section 60–741.60 Compliance

Evaluations

We propose to revise existing

paragraph (a) of § 60–741.60, which now

addresses compliance reviews.

In the current regulations, paragraph

(a) describes the purpose of a

compliance review, provides that the

review will consist of a comprehensive

analysis of all relevant

nondiscrimination and affirmative

action practices, and provides that,

where necessary, recommendations for

appropriate sanctions will be made. The

proposal expressly authorizes OFCCP’s

use of additional methods to evaluate a

contractor’s compliance with its Section

503 obligations. Consistent with the

regulations implementing Executive

Order 11246 and the affirmative action

provisions of VEVRAA, the proposal

specifies that the compliance evaluation

methods available to OFCCP, other than

the full compliance review, include an

off-site review of records, a compliance

check and a focused review. The

activities that are contemplated under

each of the four evaluation methods are

described in proposed paragraph (a).

Proposed paragraph (a)(1), as does

existing paragraph (a), states that a

compliance review is a comprehensive

analysis and evaluation of the hiring

and employment practices of the

contractor, the written affirmative action

program, and the results of affirmative

actions efforts undertaken by the

contractor. Proposed paragraph (a)(2)

describes the off-site review of records.

An off-site review of records is

composed of an analysis and evaluation

of the affirmative action program (or any

part thereof) and supporting

documentation, and other documents

related to the contractor’s personnel

policies and employment actions that

may be relevant to a determination of

whether the contractor has complied

with the requirements of Section 503 of

the Rehabilitation Act of 1973 and its

implementing regulations. A

compliance check is described in

proposed paragraph (a)(3) as a

determination of whether data and other

information previously submitted by the

contractor are complete and accurate;

whether the contractor has maintained

records consistent with § 60–741.80

and/or whether the contractor has

developed an affirmative action program

consistent with § 60–741.40. Proposed

paragraph (a)(4) states that a focused

review is an on-site review restricted to

one or more components of the

contractor’s organization or one or more

aspects of the contractor’s employment

practices.

Section 60–741.62 Conciliation

Agreements and Letters of Commitment

These paragraphs are unchanged from

the existing § 60–741.62, except that at

§ 60–741.62 the term ‘‘compliance

review’’ is replaced with the new term

‘‘compliance evaluation.’’

Section 60–741.65 Enforcement

Proceedings

These paragraphs are unchanged from

the existing § 60–741.65, except that the

term ‘‘compliance review’’ is replaced

with the new term ‘‘compliance

evaluation’’ at § 60–741.65(a)(1).

Section 60–741.68 Reinstatement of

Eligible Contractors

These paragraphs are unchanged from

the existing § 60–741.68, except that the

term ‘‘compliance review’’ is replaced

with the new term ‘‘compliance

evaluation’’ at § 60–741.68(a).

Section 60–741.69 Intimidation and

Interference

These paragraphs are unchanged from

the existing § 60–741.69, except that the

term ‘‘compliance review’’ is replaced

with the new term ‘‘compliance

evaluation’’ at § 60–741.69(a)(2).

Section 60–741.80 Recordkeeping

These paragraphs are unchanged from

the existing § 60–741.80, except that the

term ‘‘compliance review’’ is replaced

with the new term ‘‘compliance

evaluation.’’

Section 60–741.81 Access to Records

The paragraph is unchanged from the

existing § 60–741.81, except that the

term ‘‘compliance review’’ is replaced

with the new term ‘‘compliance

evaluation.’’

60818 Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Proposed Rules

Sections 60–1.20 and 60–250.60

Compliance Evaluations

As discussed in the above preamble,

the regulations currently authorize

OFCCP to conduct compliance

evaluations to determine contractor

compliance with the requirements

under Executive Order 11246 and the

affirmative action provisions of

VEVRAA. The current regulations at 41

CFR 60–1.20(a)(3) and 60–250.60(a)(3)

describe a compliance check as ‘‘a visit

to the [contractor’s] establishment’’ to

ascertain whether data and other

information previously submitted is

accurate and complete; whether the

contractor has maintained records

consistent with the record retention

requirements in §§ 60–1.12 and 60–

250.80; and whether the contractor has

developed affirmative action programs

consistent with the regulations. The

agency has found that, in many

instances, the assessments made with a

compliance check procedure can be

made without making an on-site visit.

Accordingly, the proposal would revise

the regulations at 41 CFR 60–1.20(a)(3)

and 60–250.60(a)(3) by removing the

requirement that OFCCP visit a

contractor’s establishments when the

‘‘compliance check’’ procedure is used

to assess compliance. The proposed

revision to the compliance check

procedure is designed to improve

agency efficiency, but OFCCP believes

that contractors also would find it more

efficient and less burdensome if the

regulations did not require that a

compliance check involve an on-site

visit. Under this revision the contractor

will be required to provide OFCCP

access to the requested documents, but

at the contractor’s option the documents

may be provided either on-site or offsite. While the proposal would change

how the agency intends to implement

the compliance check, it would not

expand the scope of the examination

contemplated under the compliance

check procedure.

Section 60–250.2 Definitions

A definition of the term ‘‘compliance

evaluation’’ is being added to the

definition section of the regulations

implementing VEVRAA. The definition

being added is consistent with the

definition in OFCCP’s Executive Order

11246 regulations. Under the new

definition, a compliance evaluation

means any one or combination of

actions OFCCP may take to examine a

Federal contractor or subcontractor’s

compliance with one or more of the

requirements of VEVRAA.

Regulatory Procedures

Executive Order 12866

The Department is issuing this

proposed rule in conformance with

Executive Order 12866. The rule has

been determined not to be significant for

purposes of Executive Order 12866 and

therefore need not be reviewed by OMB.

This rule does not meet the criteria of

Section 3(f)(1) of Executive Order 12866

and therefore the information

enumerated in Section 6(a)(3)(C) of that

Order is not required.

This conclusion is based on the fact

that this proposed rule does not

substantially change the existing

obligations of Federal contractors to

apply a policy of nondiscrimination and

affirmative action. Furthermore, this

proposed rule does not substantially

change the enforcement techniques

currently employed by OFCCP to ensure

federal contractor compliance with their

nondiscrimination and affirmative

action obligations.

Regulatory Flexibility Act

This proposed rule does not

substantively change existing

obligations for Federal contractors; it

would only specify the procedures the

agency may use to evaluate a Federal

contractor’s compliance with existing

requirements. Accordingly, we certify

that the rule will not have a significant

economic impact on a substantial

number of small business entities.

Therefore, a regulatory flexibility

analysis under the Regulatory

Flexibility Act is not required.

Unfunded Mandates Reform

For purposes of the Unfunded

Mandates Reform Act of 1995, as well

as Executive Order 12875, the proposed

rule, if promulgated, will not include

any federal mandates that may result in

increased expenditures by state, local,

and tribal governments, or increased

expenditures by the private sector, of

$100,000,000 or more in any one year.

Paperwork Reduction Act

Today’s proposal would have a

negligible impact, if any, on the

information collection requirements

currently approved by the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act (44 U.S.C.

3501, et seq.). Information collection

requirements for compliance

evaluations are currently approved

under OMB control number 1215–0072.

The currently approved inventory

includes a burden estimate for

compliance checks, which is based on

the assumption that it takes the average

contractor approximately four-tenths of

an hour to find and make available the

documents requested during a

compliance check. The proposal to

revise the compliance check procedure

by removing the on-site visit

requirement would mean that, during

some compliance checks, contractors

would be asked to provide documents to

OFCCP rather than make them available

for an OFCCP compliance officer to

review on-site. OFCCP believes that, for

some contractors, this may take more

time than it would to make them

available on-site, but, for others, it may

take less time. Accordingly, OFCCP

estimates that the proposed revision to

the compliance check procedure will

not result in a net change in the burden

hours associated with compliance

checks. OFCCP will submit for approval

to OMB the information collection

provisions of this rule as necessary.

OFCCP invites comments on the

information collection provisions of this

rule.

Executive Order 13132 (Federalism)

OFCCP has reviewed this proposed

rule in accordance with Executive Order

13132 regarding federalism, and has

determined that it does not have

‘‘federalism implications.’’ The rule

does not ‘‘have substantial direct effects

on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’

List of Subjects

41 CFR Part 60–1

Administrative practice and

procedure, Equal employment

opportunity, Government contracts,

Reporting and recordkeeping

requirements.

41 CFR Part 60–250

Administrative practice and

procedure, Equal employment

opportunity, Government contracts,

Individuals with disabilities, Reporting

and recordkeeping requirements,

Veterans.

41 CFR Part 60–741

Administrative practice and

procedure, Equal employment

opportunity, Government contracts,

Individuals with disabilities, Reporting

and recordkeeping requirements.

Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Proposed Rules 60819

Signed at Washington, D.C., this 2d day of

October, 2000.

Alexis M. Herman,

Secretary of Labor.

Bernard E. Anderson,

Assistant Secretary for Employment

Standards.

Shirley J. Wilcher,

Deputy Assistant Secretary for Federal

Contract Compliance.

Accordingly, for the reasons set forth

in the Preamble, we propose to amend

Title 41 of the Code of Federal

Regulations, chapter 60, Parts 60–1, 60–

250 and 60–741, under authorities cited

as set forth below:

PART 60–1—OBLIGATIONS OF

CONTRACTORS AND

SUBCONTRACTORS

1. The authority citation for part 60–

1 continues to read as follows:

Authority: Sec. 201, E.O. 11246 (30 FR

12319), as amended by E.O. 11375 (32 FR

14303) and E.O. 12086 (43 FR 46501).

2. In § 60–1.20 paragraph (a)(3) is

revised to read as follows:

§ 60–1.20 Compliance evaluations.

(a) * * *

(3) Compliance check. A

determination of whether data and other

information previously submitted by the

contractor is complete and accurate;

whether the contractor has maintained

records consistent with § 60–1.12; and/

or whether the contractor has developed

an AAP consistent with § 60–1.40; or

* * * * *

PART 60–250—AFFIRMATIVE ACTION

AND NONDISCRIMINATION

OBLIGATIONS OF CONTRACTORS

AND SUBCONTRACTORS

REGARDING SPECIAL DISABLED

VETERANS AND VETERANS OF THE

VIETNAM ERA

3. The authority citation for part 60–

250 continues to read as follows:

Authority: 29 U.S.C. 793: 38 U.S.C. 4211

and 4212; E.O. 11758 (3 CFR, 1971–1975

Comp., p. 841.)

4. In § 60–250.2 paragraph (v) is

added to read as follows:

§ 60–250.2 Definitions.

* * * * *

(v) Compliance evaluation means any

one or combination of actions OFCCP

may take to examine a Federal

contractor or subcontractor’s

compliance with one or more of the

requirements of the Vietnam Era

Veterans’ Readjustment Assistance Act.

5. In § 60–250.60 paragraph (a)(3) is

revised to read as follows:

§ 60–250.60 Compliance evaluations.

(a) * * *

(3) Compliance check. A

determination of whether data and other

information previously submitted by the

contractor is complete and accurate;

whether the contractor has maintained

records consistent with § 60–250.80;

and/or whether the contractor has

developed an AAP consistent with § 60–

250.40; or

* * * * *

PART 60–741—AFFIRMATIVE ACTION

AND NONDISCRIMINATION

OBLIGATIONS OF CONTRACTORS

AND SUBCONTRACTORS

REGARDING INDIVIDUALS WITH

DISABILITIES

6. The authority citation for part 60–

741 continues to read as follows:

Authority: 29 U.S.C. 706 and 793; and E.O.

11758 (3 CFR, l971–1975 Comp., p. 841.)

7. § 60–741.2 is amended by adding a

new paragraph (z) to read as follows:

§ 60–741.2 Definitions.

* * * * *

(z) Compliance evaluation means any

one or combination of actions OFCCP

may take to examine a Federal

contractor’s or subcontractor’s

compliance with one or more of the

requirements of Section 503 of the

Rehabilitation Act of 1973.

8. In § 60–741.44 paragraph (a)(2) is

revised to read as follows:

§ 60–741.44 Required contents of

affirmative action programs.

* * * * *

(a) * * *

(2) Assisting or participating in an

investigation, compliance evaluation,

hearing, or any other activity related to

the administration of Section 503 of the

Rehabilitation Act of l973, as amended

(Section 503) or any other Federal, State

or local law requiring equal opportunity

for disabled persons;

* * * * *

9. In § 60–741.60 the section heading

and paragraph (a) are revised to read as

follows:

§ 60–741.60 Compliance evaluations.

(a) OFCCP may conduct compliance

evaluations to determine if the

contractor maintains nondiscriminatory

hiring and employment practices and is

taking affirmative action to ensure that

applicants are employed and that

employees are placed, trained,

upgraded, promoted, and otherwise

treated in accordance with this part

during employment. A compliance

evaluation may consist of any one or

any combination of the following

investigative procedures:

(1) Compliance review. A

comprehensive analysis and evaluation

of the hiring and employment practices

of the contractor, the written affirmative

action program, and the results of the

affirmative action efforts undertaken by

the contractor. A compliance review

may proceed in three stages:

(i) A desk audit of the written

affirmative action program and

supporting documentation to determine

whether all elements required by the

regulations in this part are included,

whether the affirmative action program

meets agency standards of

reasonableness, and whether the

affirmative action program and

supporting documentation satisfy

agency standards of acceptability. The

desk audit is conducted at OFCCP

offices;

(ii) An on-site review, conducted at

the contractor’s establishment to

investigate unresolved problem areas

identified in the affirmative action

program and supporting documentation

during the desk audit, to verify that the

contractor has implemented the

affirmative action program and has

complied with those regulatory

obligations not required to be included

in the affirmative action program, and to

examine potential instances or issues of

discrimination. An on-site review

normally will involve an examination of

the contractor’s personnel and

employment policies, inspection and

copying of documents related to

employment actions, and interviews

with employees, supervisors, managers,

hiring officials; and

(iii) Where necessary, an off-site

analysis of information supplied by the

contractor or otherwise gathered during

or pursuant to the on-site review;

(2) Off-site review of records. An

analysis and evaluation of the

affirmative action program (or any part

thereof) and supporting documentation,

and other documents related to the

contractor’s personnel policies and

employment actions that may be

relevant to a determination of whether

the contractor has complied with the

requirements of Section 503 of the

Rehabilitation Act of 1973 and

regulations;

(3) Compliance check. A

determination of whether data and other

information previously submitted by the

contractor is complete and accurate;

whether the contractor has maintained

records consistent with § 60–741.80;

and/or whether the contractor has

developed an affirmative action program

consistent with § 60–741.40; or

60820 Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Proposed Rules

(4) Focused review. An on-site review

restricted to one or more components of

the contractor’s organization or one or

more aspects of the contractor’s

employment practices.

* * * * *

10. In § 60–741.62, the first sentence

of paragraph (a) is revised to read as

follows:

§ 60–741.62 Conciliation agreements and

letters of commitment.

(a) If a compliance evaluation,

complaint investigation or other review

by OFCCP finds a material violation of

the Act or this part, and if the contractor

is willing to correct the violations and/

or deficiencies, and if OFCCP

determines that settlement on that basis

(rather than referral for consideration of

formal enforcement) is appropriate, a

written conciliation agreement shall be

required. * * *

* * * * *

11. In § 60–741.65, the first sentence

of paragraph (a)(1) is revised to read as

follows:

§ 60–741.65 Enforcement proceedings.

(a) General. (1) If a compliance

evaluation, complaint investigation or

other review by OFCCP finds a violation

of the act or this part, and the violation

has not been corrected in accordance

with the conciliation procedures in this

part, or OFCCP determines that referral

for consideration of formal enforcement

(rather than settlement) is appropriate,

OFCCP may refer the matter to the

Solicitor of Labor with a

recommendation for the institution of

enforcement proceedings to enjoin the

violations, to seek appropriate relief, to

impose appropriate sanctions, or any

combination of these outcomes. * * *

* * * * *

12. In § 60–741.68, the fourth

sentence of paragraph (a) is revised to

read as follows:

§ 60–741.68 Reinstatement of ineligible

contractors.

(a) * * * Before reaching a decision,

the Deputy Assistant Secretary may

conduct a compliance evaluation of the

contractor and may require the

contractor to supply additional

information regarding the request for

reinstatement. * * *

* * * * *

13. In § 60–741.69, paragraph (a)(2) is

revised to read as follows:

§ 60–741.69 Intimidation and interference.

(a) * * *

(2) Assisting or participating in any

manner in an investigation, compliance

evaluation, hearing, or any other activity

related to the administration of the act

or any other Federal, State or local law

requiring equal opportunity for disabled

persons;

* * * * *

14. In § 60–741.80, the last two

sentences of paragraph (a) are revised to

read as follows:

§ 60–741.80 Recordkeeping.

(a) * * * Where the contractor has

received notice that a complaint of

discrimination has been filed, that a

compliance evaluation has been

initiated, or that an enforcement action

has been commenced, the contractor

shall preserve all personnel records

relevant to the complaint, compliance

evaluation or action until final

disposition of the complaint,

compliance evaluation or action. The

term ‘‘personnel records relevant to the

complaint, compliance evaluation or

action’’ would include, for example,

personnel or employment records

relating to the aggrieved person and to

all other employees holding positions

similar to that held or sought by the

aggrieved person and application forms

or test papers completed by an

unsuccessful applicant and by all other

candidates for the same position as that

for which the aggrieved person applied

and was rejected.

* * * * *

15. In § 60–741.81, the first sentence

is revised to read as follows:

§ 60–741.81 Access to records.

Each contractor shall permit access

during normal business hours to its

places of business for the purpose of

conducting on-site compliance

evaluations and complaint

investigations and inspecting and

copying such books and accounts and

records, including computerized

records, and other material as may be

relevant to the matter under

investigation and pertinent to

compliance with the act or this part.

***

[FR Doc. 00–25774 Filed 10–11–00; 8:45 am]

BILLING CODE 4510–45–P