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Office of Federal Contract Compliance Programs (OFCCP)

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DIRECTIVE

U.S. DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs

______________________________________________________________________________

Number: 311 Date: July 24, 2013 ADM Notice

______________________________________________________________________________

  1. SUBJECT: Notice of Rescission


  2. PURPOSE: To rescind 33 redundant or outdated directives.


  3. BACKGROUND: Since 1979, OFCCP has maintained a Directives System as one means of distributing guidance to its staff members and the public. The Directives System has been periodically reviewed and updated to eliminate obsolete or redundant materials. In December 2011, the Division of Policy, Planning and Program Development began reviewing all of the directives to determine whether they should remain active or be rescinded. As a result of this review, on April 18, 2012 we issued Directive Number 300, Notice of Rescission rescinding eighteen directives as redundant or outdated and on June 14,2012 we issued Directive Number 302, Notice of Rescission rescinding thirteen directives as redundant or outdated. Through our continued review, we have identified an additional 33 directives for rescission because the information they contain is redundant and addressed in other guidance and resource materials, or the directives are no longer valid because the information is outdated. Therefore, the 33 directives listed below are rescinded as of the effective date of this Notice.


  4. FILING INSTRUCTIONS:

    Holders of ADM and LEG Binders: File this Notice of Rescission behind the "SEL" tab in your Administrative Practices Binder.

    District and Area Offices EOSs and EOAs: File this Notice of Rescission behind the tab for ADM Directives in your FCCM Binder.


  5. EFFECTIVE DATE: This Notice is effective immediately.


  6. OBSOLETE DATA: The OFCCP directives listed below are rescinded with the issuance of this Notice.

    (1) Federal Grant and Cooperative Agreement Act of 1977, issued November 22, 1978. (Also referenced as Information Notice 78-7, Order No. 61 Oa2 and ADM 78-1/JUR.)

    (2) January 23, 1979 Consent Decree in Westinghouse Electric Corporation v. Brown, et al., C.A. No. 780733-A (USDC.E.D. Va), issued April2, 1979. (Also referenced as Information Notice 79-30, Order No. 940h3, and LEG 79-5/CD.)

    (3) History of Federal Contract Compliance Programs in Employment, issued September 21, 1979. (Also referenced as Information Notice 79-76, Order No. 410a1, and ADM 79-1/HIST.)

    (4) Early Notification of Major Proposed Contract and Subcontract Awards, issued February 13, 1980. (Also referenced as Action Notice 80-12, Order No. 620a6 and ADM 80-2/PreAw.)

    (5) Pre-Award Clearance Letter, issued July 10, 1980. (Also referenced as Policy Issuance 80-29, Order 620a5 and ADM 80-3/PreAw.)

    (6) Transmittal No. 10, Liberty Mutual Insurance Company v. Friedman, issued March 26, 1982. (Also referenced as Order No. 940b2 and ADM 82-2/JUR.) A new Frequently Asked Question (F AQ) relating to the decision has been added to the OFCCP Web site.

    (7) Transmittal No. 16, Subpoenas Served on OFCCP Employees, issued August 16, 1982. (Also referenced as Order No. 160a4 and ADM 82-6/SOL.)

    (8) Transmittal No. 24, Coverage under 41 CFR Part 60-4 of Personnel Working on Hydraulic Dredges, issued January 13, 1983. (Also referenced as Order No. 670a3 and ADM 83-2/JUR.)

    (9) Transmittal No. 29, Audit Follow-ups, issued January 13, 1983. (Also referenced as Order No. 440a4 and ADM 83-3/0ther.)

    (10) Transmittal No. 32, Procedures for Obtaining the Services of "Experts", issued February 17, 1983. (Also referenced as Order No. 210a1 and AD 83-4/SOL.)

    (11) Transmittal No. 55, OFCCP v. Priester Construction Company, 78-0FCCP-11, Decision and Order of the Secretary of Labor, issued October 26, 1983. (Also referenced as Order No. 970a3 and LEG 83-3/SEC.)

    (12) Transmittal No. 62, Taylor v. Department of Labor, No. 83-1091 (3d Cir.). Decision by U.S. Court of Appeals on OFCCP enforcement in Philadelphia area construction industry, issued May 22, 1984. (Also referenced as Order No. 970a2 and LEG 84-1/FCt.)

    (13) Transmittal No. 75, Indefinite Quantity Contracts, issued March 15, 1985. (Also referenced as Order No. 610a3 and LEG 85-3/SEC.)

    (14) Transmittal No. 76, Status of Federal Reserve Banks under OFCCP, issued March 26, 1985. (Also referenced as Order No. 610a4 and ADM 85-1/JUR.) A new FAQ clarifying jurisdiction has been added to the OFCCP Web site.

    (15) Transmittal No. 77, OFCCP v. National Bank of Commerce of San Antonio, 77-0FCCP-2, Decision and Order of the Under Secretary of Labor, issued March 21, 1985. (Also referenced as Order No. 970a9 and LEG 85-4/ASec.)

    (16) Transmittal No. 79, OFCCP v. Safeco Insurance Company of America, Secretary of Labor´s Decision, July 31, 1984, issued April ll, 1985. (Also referenced as Order No. 970a10 and LEG 85-5/SEC.) A new FAQ relating to the decision has been added to the OFCCP Web site.

    (17) Transmittal No. 82, OFCCP Forms Index and Forms Handbook, issued June 27, 1985. (Also referenced as Order No. 130a4 and ADM 85-2/FORMS.)

    (18) Transmittal No. 87, Collection of Information-The Paperwork Reduction Act of 1980, 44, U.S.C. 3501 et.seq.; Controlling Paperwork Burdens on the Public, 5 CFR Part 1320, issued May 27, 1986. (Also referenced as Order No. 130a5 and ADM 86-1/FORMS.)

    (19) Transmittal No. 137, OFCCP Forms Clearance/Control System, issued May 18, 1990, ADM 90-3/FORMS.

    (20) Transmittal No. 139, Procedures to be Followed in Requesting Concurrences and Legal Opinions from Regional Solicitor/Attorney or Associate Regional Solicitor, issued May 24, 1990, ADM 90-5/SOL.

    (21) Transmittal No. 147, Administrative Complaint Record, issued August 1, 1990, ADM 90-7 /SOL.

    (22) Transmittal No. 158, Edison Electric Institute Tests, issued August 16, 1991, ADM 91-3/Testing.

    (23) Transmittal No. 162, Memorandum of Understanding (MOU) between the Office of the Assistant Secretary for Veterans´ Employment and Training (OASVET) and the Employment Standards Administration/Office of Federal Contract Compliance Programs (ESNOFCCP), issued November 25, 1991, ADM 91-5/IntAg.

    (24) Transmittal No. 204, Modification of OFCCP/SOL Joint Review Committee (JRC) Process, issued May 9, 1995, ADM 95-2/SOL.

    (25) Transmittal No. 217, Agreement of Cooperation Between the US Department of Labor (DOL) and the National Council of Negro Women (NCNW), issued February 19, 1996, ADM Notice/Other.

    (26) Transmittal No. 222, Coalition for Economic Equity v. Wilson, No. 97-369 (S.Ct.), issued February 19, 1998, ADM Notice/Other. A new FAQ relating to the decision has been added to the OFCCP Web site.

    (27) Transmittal No. 223, Revisions in the Pre-Award Clearance Procedures and Information Concerning OFCCP´s Re-Award Registry, issued April16, 1998, ADM Notice/PreAw.

    (28) Transmittal No. 252, Amendments to VEVRA (38 U.S.C. 4212), issued February 25, 2002, ADM 02-1/JUR.

    (29) Transmittal No. 253, Instructions for completing Form ESA-91 (Employment Eligibility Verification Recordkeeping Requirements), issued March 14, 2002, ADM 02-2/FORMS.

    (30) Transmittal No. 255, Approval process for placing non-electronic documents and other information in the possession ofthe public, issued April12, 2002, ADM Notice/Other.

    (31) Transmittal No. 257, Unauthorized Use of Government Servcies and Installation of Unauthorized Software, issued July 23, 2002, ADM 02-2/0ther.

    (32) Transmittal No. 259, Maintenance of Government Records While on Flexiplace, issued August 12, 2002, ADM Notice/Other.

    (33) Transmittal No. 273, The Jobs for Veterans Act (2002) amendments to the Vietnam Era Veterans´ Readjustment Assistance Act, issued December 15, 2006, ADM 06-1/JUR.

  7. DITRIBUTION: A, B (both hard copy and electronically); C (hard copy only)


  8. EXPIRATION DATE: None.


Patricia A. Shiu
Director
Office of Federal Contract Compliance Programs