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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: 313 Date: August 23, 2013 ADM Notice/Rescission

______________________________________________________________________________

  1. SUBJECT: Notice of Rescission


  2. PURPOSE: To rescind 51 outdated directives that became obsolete as a result of the issuance of the revised Federal Contract Compliance Manual (FCCM).


  3. BACKGROUND: The FCCM provides guidance to compliance officers to assist them in conducting their investigations and enforcement activities. Over time, sections of the FCCM were revised through the issuance of a directive. Since the FCCM had not undergone a comprehensive review in its entirety since 1992, the Division of Policy, Planning and Program Development initiated a comprehensive review and revision of the FCCM, and a revised FCCM was recently issued. The issuance of the revised FCCM, therefore, renders obsolete any directive that amended previous versions of the FCCM. Therefore, the 51 directives listed below are rescinded as of the effective date of this Notice.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 OBSOLETE DATA: The OFCCP directives listed below are rescinded with the issuance of this Notice.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 Policy on Remedies Concerning Equal Employment Opportunity in State and Local Government Personnel Systems, issued March 23, 1973. (Also referenced as Order No. 660f3 and ADM 73-1/HIST.)
    2. Order No. 660c2, Clarification on the Appropriateness of Deferral to Title VII Litigation and Settlements and the Legal Effect of the Proposed Affected Class and Back Pay Guidelines, issued February 22, 1978. (Also referenced as 78-11, FCCM 78-2/CH 2 and ADM 78-2.)
    3. Transmittal No. 39, Referral of Complaints to Other Agencies, issued March 8, 1983. (Also referenced as Order No. 630a6, FCCM 83-7/CH 6 and ADM 83-10.)
    4. Transmittal No. 41, Untimely Complaints, issued March 10, 1983. (Also referenced as Order No. 630a5, FCCM 83-10/CH 6 and ADM 83-10/COMPL.)
    5. Transmittal No. 88, Establishing a Working Relationship between OFCCP and Veteran Employment Service (VES) and State Employment Service (SES) Representatives, issued May 27, 1986. (Also referenced as Order No. 750a4 and ADM 86-10/IntAg.)
    6. Transmittal No. 113, Revision to Chapter 4 (Compliance Review Procedures for Construction Contractors) of the FCCM, issued November 4, 1988, FCCM 88-3/CH 4.
    7. Transmittal No. 114, Revision to Chapter 6 (Complaint Investigations) of the FCCM, issued November 4, 1988, FCCM 88-4/CH 6.
    8. Transmittal No. 115, Revision to Chapter 2 (Desk Audit Procedures/AAP Standards for Compliance Review of Supply and Service Contractors) of the FCCM, issued December 14, 1988, FCCM Notice/CH 2.
    9. Transmittal No. 116, Revision to Chapter 3 (Onsite Review Procedures for Supply and Service Contractors) of the FCCM, issued December 14, 1988, FCCM Notice/CH 3.
    10. Transmittal No. 117, Revision to Chapter 7 (Identification and Resolution of Affected Class Problems) of the FCCM, issued December 14, 1988, FCCM Notice/CH 7.
    11. Transmittal No. 119, Standard Compliance Review Report (SCRR) – Potential Discrimination Worksheets, issued January 13, 1989, FCCM Notice/CH 3.
    12. Transmittal No. 135, OFCCP v. Washington Metropolitan Area Transit Authority, Case No. 84-OFC-8, issued May 21, 1990, LEG 90-1/ASec.
    13. Transmittal No. 140, Revision to Chapter 8 (Resolution of Non-compliance) of the FCCM, issued May 25, 1990, FCCM Notice/CH 8.
    14. Transmittal No. 141, Administrative Closures of Compliance Reviews, issued May 25, 1990, ADM 90-6/Other.
    15. Transmittal No. 142, Revision to Sections 2C02, 2C04 and 2H01 of Manual Chapter 2, issued May 29, 1990, FCCM Notice/CH 2.
    16. Transmittal No. 143, Revision of Pages iv, 57 and 58 of Manual Chapter 3, issued May 29, 1990, FCCM Notice/CH 3.
    17. Transmittal No. 144, Deletion of Figures 4-3 and 4-3a and Revision of Page 4-29 in Manual Chapter 4, issued May 29, 1990, FCCM Notice/CH 4.
    18. Transmittal No. 145, Addition to Manual Chapter 6 of References Concerning Union Participation in Conciliation, issued May 29, 1990, FCCM Notice/CH 6.
    19. Transmittal No. 156, Technical Revision of Item 6 of the FCCM Appendix 8b, List of Novel Issues, issued May 22, 1991, FCCM Notice/CH 8.
    20. Transmittal No. 157, Clarification of Data to be Used for Availability Factors on Unemployment, issued July 24, 1991, FCCM Notice/CH 2.
    21. Transmittal No. 160, Incorporation into Manual Chapter 2 (Desk Audit) of FCCM Order 79-4/CH 5, issued November 14, 1991, FCCM Notice/CH 2.
    22. Transmittal No. 161, Issuance of Chapter 5 (Corporate Management Reviews) of FCCM, issued November 14, 1991, FCCM Notice/CH 5.
    23. Transmittal No. 163, Amendment of Chapter 5 (Corporate Management Reviews) of the FCCM, issued December 7, 1991, FCCM Notice/CH 5.
    24. Transmittal No. 168, Designation of Enforcement Cases Involving Temporary Help Agencies as a Novel Issue, issued March 9, 1992, FCCM Notice/CH 8.
    25. Transmittal No. 170, The 1990 Census of the Population, Detailed Occupational Data, Equal Employment Opportunity Special File, issued October 23, 1992, FCCM Notice/CH 2.
    26. Transmittal No. 173, Chapter 1 (General) of the FCCM, issued December 16, 1992, FCCM Notice/CH 1.
    27. Transmittal No. 178, Standard Case File Format for Supply and Service Compliance Reviews, issued February 4, 1993, FCCM Notice/CH 3.
    28. Transmittal No. 179, Standard Case File Format for Construction Compliance Reviews, issued February 4, 1993, FCCM Notice/CH 4.
    29. Transmittal No. 185, Rehabilitation Act Amendments of 1992, issued March 12, 1993, FCCM Notice/CH 1.
    30. Transmittal No. 187, Amended Definition of Vietnam Era Veteran, issued April 22, 1993, FCCM Notice/CH 1.
    31. Transmittal No. 190, Clarification of VETS-100 Procedures in Manual Section 3I03, issued May 3, 1994, FCCM Notice/CH 3.
    32. Transmittal No. 194, Revision of Letters Forwarding a Complaint to the Contractor, issued November 21, 1994, FCCM Notice/CH 6.
    33. Transmittal No. 195, Chapter 6 of the FCCM, Appendix D, issued November 21, 1994, FCCM Notice/CH 6.
    34. Transmittal No. 197, Compliance Officer Signature Authority, issued January 12, 1995, FCCM Notice/CH 2, 3, 4, 6.
    35. Transmittal No. 198, Deductibility of FUTA (Unemployment Insurance Taxes) from Back Pay Awards, issued January 26, 1995, FCCM Notice/CH 7.
    36. Transmittal No. 200, Electronic Distribution of Changes to the Regulations (41 CFR Chapter 60) and the FCCM, issued February 8, 1995, ADM 95-1/Other.
    37. Transmittal No. 201, Chapter 5 of the FCCM, Figure 5-2, Request to Securities Exchange Commission (SEC) for "Form 10-K" Reports, issued March 20, 1995, FCCM Notice/CH 5.
    38. Transmittal No. 202, Conducting Corporate Headquarters´ Compliance Reviews, issued February 22, 1995, FCCM Notice/CH 2.
    39. Transmittal No. 203, Revision of Supply and Service Standard Compliance Review Report (SCRR), issued April 19, 1995, FCCM Notice/CH 2.
    40. Transmittal No. 211, Delegations of Extension Authority for Compliance Reviews and Complaint Investigations, issued June 11, 1996, ADM 96-1/Other.
    41. Transmittal No. 213, Policy Alerts, issued August 15, 1996 – Preservation of Document Authenticity, No. 1, February 1995; Reviewing Corporate Data Off-Site, No. 2, February 1995; Investigation of Complaints Alleging Failure to Take Affirmative Action, No. 4, October 1995; Use of the "Scheduling Letter Requesting AAP and Support Data", No. 5, May 1996, ADM Notice/Policy Alerts.
    42. Transmittal No. 215, Policy Alert Concerning the 1995 Revisions to the VEVRAA Regulations and the OFCCP VEVRAA Brochure Issued in May 1995, issued September 24, 1996, ADM Notice/Policy Alerts.
    43. Transmittal No. 227, Investigative Procedures: compliance check, issued September 10, 1998, FCCM Notice/CH 2.
    44. Transmittal No. 230, Evaluation Procedures: compliance review, focused review, off-site review of records, and compliance checks, issued December 22, 1998, FCCM Notice/CH 2.
    45. Transmittal No. 231, New Standard Affirmative Action Formats (SAAFs), issued February 12, 1999, ADM Notice/SAAF.
    46. Transmittal No. 234, Veterans Employment Opportunities Act of 1998 (VEOA) – Newly Protected Veterans, issued May 6, 1999, FCCM Notice/CH 1 & 6.
    47. Transmittal No. 240, Mandatory Enforcement Clause in Conciliation Agreements, issued December 12, 2000, FCCM Notice/CH 8.
    48. Transmittal No. 245, Change in Operating Procedures Regarding Class Complaints and Concurrent Compliance Evaluations, issued May 1, 2001, FCCM Notice/CH 6.
    49. Transmittal No. 256, Standard Case File Format for Complaint Investigations, issued June 4, 2002, FCCM Notice/CH 6.
    50. Transmittal No. 281, Federal Contractor’s Online Application Selection System, issued July 10, 2008, ADM Notice/Other.
    51. Transmittal No. 298, Revision of the Worksheets in Appendix 7A for Calculating Interest on Back Pay, issued September 13, 2011, FCCM Notice/CH 7.


  7. DISTRIBUTION: 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