Proposed Revision of Information Collection Request; U.S. Department of Labor Office of Federal Contract Compliance Programs Recordkeeping Requirements-29 U.S.C. 793 Section 503 of the Rehabilitation Act of 1973, as Amended (OMB Control No. 1250-0005)
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Abstract
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance request for comment to provide the general public and Federal agencies with an opportunity to comment on proposed collections of information in accordance with the Paperwork Reduction Act of 1995. This request helps to ensure that: requested data can be provided in the desired format; reporting burden (time and financial resources) is minimized; collection instruments are clearly understood; and the impact of collection requirements on respondents can be properly assessed. Currently, the Office of Federal Contract Compliance Programs (OFCCP) is soliciting comments on its information collection for Section 503 of the Rehabilitation Act of 1973, As Amended.
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<title>Federal Register, Volume 90 Issue 162 (Monday, August 25, 2025)</title>
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[Federal Register Volume 90, Number 162 (Monday, August 25, 2025)]
[Notices]
[Pages 41415-41416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16258]
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DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
[Docket #OFCCP-2025-0067]
Proposed Revision of Information Collection Request; U.S.
Department of Labor Office of Federal Contract Compliance Programs
Recordkeeping Requirements--29 U.S.C. 793 Section 503 of the
Rehabilitation Act of 1973, as Amended (OMB Control No. 1250-0005)
AGENCY: Office of Federal Contract Compliance Programs, Labor.
ACTION: Request for public comments.
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SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, conducts a pre-clearance
request for comment to provide the general public and Federal agencies
with an opportunity to comment on proposed collections of information
in accordance with the Paperwork Reduction Act of 1995. This request
helps to ensure that: requested data can be provided in the desired
format; reporting burden (time and financial resources) is minimized;
collection instruments are clearly understood; and the impact of
collection requirements on respondents can be properly assessed.
Currently, the Office of Federal Contract Compliance Programs (OFCCP)
is soliciting comments on its information collection for Section 503 of
the Rehabilitation Act of 1973, As Amended.
DATES: All comments must be received on or before October 24, 2025.
ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered.
Electronic Submissions: Submit electronic comments in the following
way:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments for OFCCP-2025-0067.
Comments submitted electronically, including attachments, to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will be posted to the docket, with no changes.
Because your comment will be made public, you are responsible for
ensuring that your comment does not include any confidential
information that you or a third party may not wish to be posted, such
as your or anyone else's Social Security number or confidential
business information.
<bullet> If your comment includes confidential information that you
do not wish to be made available to the public, submit the comment as a
written/paper submission.
Written/Paper Submissions: Submit written/paper submissions in the
following way:
<bullet> Mail/Hand Delivery: Mail or visit DOL-OFCCP, Division of
Policy and Program Development, 200 Constitution Avenue NW, Room C-
3325, Washington, DC 20210.
<bullet> OFCCP will post your comment as well as any attachments,
except for information submitted and marked as confidential, in the
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Catherine Eschbach, Director, Office
of Federal Contract Compliance Programs, 200 Constitution Avenue NW,
Washington, DC 20210. Telephone: (202) 693-0101 or toll free at 1-800-
397-6251. If you are deaf, hard of hearing, or have a speech
disability, please dial 7-1-1 to access telecommunications relay
services. Copies of this notice may be obtained in alternative formats
(large print, braille, audio recording) upon request by calling the
numbers listed above.
SUPPLEMENTARY INFORMATION:
I. Background
OFCCP administers and enforces Section 503 of the Rehabilitation
Act of 1973, as amended (Section 503), and the Vietnam Era Veterans'
Readjustment Assistance Act of 1974, as amended
[[Page 41416]]
(VEVRAA). Section 503 together with its regulations prohibits
employment discrimination against applicants and employees based on
disability and requires Federal contractors and subcontractors to take
steps to employ, advance in employment, and otherwise treat qualified
individuals without discrimination based on disabilities. Its basic
coverage requirements apply to contractors with a federal contract or
subcontract of more than $15,000. Contractors with 50 or more employees
and a single Federal contract or subcontract of $50,000 or more are
also required to develop and maintain an affirmative action program
(AAP), where they must implement and document their equal employment
opportunity efforts on an annual basis. VEVRAA together with its
regulations prohibits employment discrimination against applicants and
employees based on protected veteran status. It also requires
contractors to take steps to employ and advance in employment qualified
protected veterans, namely disabled veterans, recently separated
veterans, active-duty wartime or campaign badge veterans, and Armed
Forces service medal veterans, and to otherwise treat qualified
individuals without discrimination based on their status as a protected
veteran. Its basic coverage requirements apply to contractors with a
federal contract or subcontract of $150,000 or more.
On July 1, 2025, DOL issued a Notice of Proposed Rulemaking (NPRM)
to revise the Section 503 regulations at 41 CFR part 60-741. See 90 FR
28494. Specifically, DOL proposed to rescind the regulations at 41 CFR
60-741.42, which require contractors to invite applicants and employees
to voluntarily self-identify their disability status. In the NPRM, DOL
also proposed to remove the utilization goal requirements at 41 CFR 60-
741.45 and the data collection analysis requirements at 41 CFR 60-
741.44(k). These regulations require contractors to collect data on
applicants and hires with disabilities and require contractors to apply
a seven percent utilization goal for employment of qualified
individuals with disabilities to each of their job groups, or to their
entire workforce if the contractor has 100 or fewer employees. The
regulations also require covered contractors to conduct a utilization
analysis, where they evaluate the representation of individuals with
disabilities in each job group within their workforce (or across the
entire workforce if they have 100 or fewer employees) with the seven
percent utilization goal. When the percentage is less than the
utilization goal established, the contractor must take steps to
determine whether and where impediments to equal employment opportunity
exist. Finally, the regulations require covered contractors to use
their hiring data for applicants with disabilities to evaluate the
effectiveness of their external outreach and recruitment efforts. As
detailed in the NPRM, DOL is proposing removing these requirements due
to concerns that these requirements conflict with the Americans with
Disabilities Act and to better align the regulations with recent case
law and executive orders, including Executive Order 14173, ``Ending
Illegal Discrimination and Restoring Merit-Based Opportunity,'' and
Executive Order 14219, ``Ensuring Lawful Governance and Implementing
the President's `Department of Government Efficiency' Deregulatory
Initiative.'' More specifically, some of the requirements that DOL
proposes to remove are tied to the Executive Order 11246 regulations,
which DOL has proposed rescinding because Executive Order 11246 was
revoked by Executive Order 14173. The proposed changes would also
reduce the recordkeeping and third-party disclosure requirements in
this information collection request, as the agency would be removing
obligations related to the self-identification and data collection
requirements while retaining other requirements related to contractors'
41 CFR 60-741.44 obligations.
II. Desired Focus of Comments
OFCCP is soliciting comments concerning the proposed information
collection. OFCCP is particularly interested in comments that:
<bullet> Evaluate whether the collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information has practical utility;
<bullet> Evaluate the accuracy of OFCCP's estimate of the burden
related to the information collection, including the validity of the
methodology and assumptions used in the estimate;
<bullet> Suggest methods to enhance the quality, utility, and
clarity of the information to be collected; and
<bullet> Minimize the burden of the information collection 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.
Background documents related to this information collection request
are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Questions about the
information collection requirements may be directed to the person
listed in the FOR FURTHER INFORMATION section of this notice.
III. Current Actions
This information collection, OMB Control Number 1250-0005, includes
the recordkeeping and third-party disclosure requirements under Section
503 if the agency were to adopt the proposed changes described above.
OFCCP has updated the number of respondents, responses, forms, and
burden hours from the previous information collection request. OFCCP
has also updated the operating and maintenance burden costs associated
with the proposed changes.
Agency: Office of Federal Contract Compliance Programs.
Type of Review: Revision of a currently approved collection.
Title of Collection: U.S. Department of Labor Office of Federal
Contract Compliance Programs Recordkeeping Requirements--29 U.S.C. 793
Section 503 of the Rehabilitation Act of 1973, As Amended.
OMB Control Number: 1250-0005.
Affected Public: Business or other for profit; individuals.
Estimated Number of Respondents: 119,971 Contractor Establishments.
Frequency: On occasion.
Number of Responses: 119,971.
Estimated Average Time per Response: 1.91 hours per Contractor
Establishment.
Estimated Total Annual Burden Hours: 229,648 total burden hours.
Total Estimated Annual Other Cost Burden: $0 (operating and
maintenance costs).
Forms: None.
Comments submitted in response to this notice will be summarized in
the request for Office of Management and Budget approval of the
proposed information collection request; they will become a matter of
public record and will be available at <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
(Authority: 29 U.S.C. 793.)
Catherine Eschbach,
Director, Office of Federal Contract Compliance Programs.
[FR Doc. 2025-16258 Filed 8-22-25; 8:45 am]
BILLING CODE 4510-CM-P
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