INTERIM MEMORANDUM OF UNDERSTANDING 

BETWEEN 

THE DEPARTMENT OF LABOR 

AND 

THE DEPARTMENT OF TRANSPORTATION 

Order No. 450a3 

2-4-80 

The purpose of this interim memorandum of understanding is to further 

the objectives of Section 140 of Title 23 of the United States Code and 

of Section 205 of Executive Order 11246. 

Executive Order 11246 prohibits employment discrimination by federal 

contractors and subcontractors, and federally-assisted construction 

contractors and subcontractors, and authorizes the Secretary of Labor 

to administer and enforce the Order. Except for general rulemaking, the Secretary's responsibilities under the Order have been delegated 

to the Director of the Office of Federal Contract Compliance Programs (OFCCP). 

Section 140 of .Title 23 of the United States Code requires 1:1;1~ Secretary

of Transportation, pr1or to approving, ,feederal-aid highway projects, to 

rece1Ve assurances from each State that employment on such proJects will be provided in a non-d1 scrimi hatory manner. The Federal Highway Administration (FHWA) has been authorized to administer the statute, 

to oversee the States' actions in fulfilling their assurances, to 

establish procedures to effectuate the statute, and to maintain a 

vigorous monitoring and review process to ensure nondiscrimination 

and affirmative action in federal and federally-assisted highway construction projects. 

This interim memorandum of understanding provides that the OFCCP and 

the FHWA wi 11 exchange information, so that the agencies can carry out 

their responsibilities efficiently and effectively, with as little 

dupl ication of effort as possible. 

The parties to this memorandum agree as follows: 

( 1 ) The "agencies" referred to in this memorandum are the Office 

of Federal Contract Compliance Programs (OFCCP) within the 

Department of Labor, and the Federal Highway Administration 

(FH!{A) within the Department of Transportation. 

(2) The 11 appropriate officials 11 for the DOL/OFCCP are--

(a) the Secretary and Under Secretary of Labor; 

(b) the Solicitor of Labor; 

1 
/ 

( 

\ 

( 

(c) the Assistant Secretary for Employment Standards; 

(d) the Director or Deputy Director of the OFCCP; 

(e) the Associate Solicitor of Labor for Labor 

Relations and Civil Rights; 

(f) any ESA Assistant Regional Administrator 

for OFCCP; 

(g) any Regional Solicitor, Associate Regional Solicitor or Regional Attorney; and 

(h) any ESA Area Office Director for OFCCP. 

(3) The " appropriate officials" for the DOT/FHWA are--

(a) the Secretary and Deputy Secretary of Transportation; 

(b) the Administrator and Deputy Administrator of the FHWA; 

(c) the Directors of Civil Rights for the Department of 

Transportation and the FHWA; and 

(d) any FHWA Regional Administrator, Division Administrator, 

or Regional Director of Civil Rights. 

(4) On a .. quarterly basis, the agencies-shall exchange information 

regarding schedules of review and investigation. 

(5} An appropriate official for one agency may request permission 

to inspect and copy any documents pertaining to any contractor 

or complaint within the jurisdiction of the other agency. The 

documents referred to in this paragraph include, but are not 

limited to, the following: 

(a) affirmative action programs or contract specifications; 

(b) investigative files; 

(c) conciliation agreements; 

(d) compliance review reports; 

(e) listings of enforcement actions (debarments, suspensions, terminations, etc.); 

(f) corr.munity data; 

(g) lists of complainants• charges or allegations; and 

(h) copies of judicial or administrative decisions. 

Order No. 450a3 

2-4-80 

2 
(6) Whenever an agency receives a request under paragraph (5), and the agency possesses the documents that are the subject of the request, the agency shall make the documents available 

to be inspected and copied by the requesting officials, or 

by another person whom the requesting official may designate 

(7) An agency receiving a request under paragraph (5) shall 

respond to the official who made the request, or to 

a no the r person whom the requestesting official may designate , within fourteen days after the request is received; except that documents not immediately available may be provided 

withi n forty- five days after the request i s received 

(8) Within thirty days after this memorandum is ratified, the 

FHWA shall provide the OFCCP with a detailed inventory of 

the contract compliance records in its possession. 

(9) The OFCCP shall rely on the Headquarters or a field office. 

of the FHWA for access to records, reports, or other documents 

or information in the possession of State highway agencies. The Director or Assistant Regional Administrator for the 

OFCCP may waive this requirement, but only in cases where the 

materials are needed immediately and it would cause an unacceptable delay to request them through the FHWA. The official who makes 

such a waiver shall notify the corresponding official of the 

FHWA at once. When time permits, the OFCCP shall request such 

materials through FHWA in writing. 

(10) Each agency shall notify its field office and other appropriate parties of the content of this memorandum promptly upon its 

ratification. 

(11) Each agency shall forward to the other agency, for review, all 

regulations and other instructions that may be developed to 

implement this memorandum. 

(12) Each agency shall periodically review its own implementation of this memorandum. 

(13) Each agency shall use information obtained under this memorandum 

only in the performance of its own statutory or administrative 

functions, and shall not act as the agent of, or on behalf of, 

the other agency. 

Order No. 450a3 

2-4-80 

3 
Order No. 450a3 

2-4-80 

4 

{14) Within 120 days after this memorandum is ratified, the Department 

of Transportation and the Department of Labor will develop a 

similar agreement applicable to all components of the Department of Transportation. 

Ray Ma rsha 11 

Secretary of Labor 

(Date 7, 1979 

Neil Goldschmidt 

Secretary of Transportation 

OCT 2 6 l979 

{Date)