On Tuesday, July 30, OFCCP sent the final version of the agency's proposed revisions to its regulations regarding veterans to the Office of Management and Budget (OMB). Approval by OMB is the final step before the revisions to the veterans regulations would become effective.
OFCCP first published its proposed revisions to the veterans regulations in April of 2011. There were an extensive number of comments about the proposed revisions, including a substantial number of concerns raised by federal contractors and subcontractors and their representatives. OFCCP had taken no formal action on the proposed revisions to the regulations until submitting the final version of its revisions on July 30.
There has been much speculation as to why there was such a delay in providing a final version of the regulations to OMB. As we've noted on this blog, part of the delay may involve the fact that both OMB and the Department of Labor were without heads of their respective agencies until recently. In fact, it only took 12 days from the time that Thomas Perez was confirmed as the new Secretary of Labor until OFCCP sent its final revisions to OMB.
It is not clear when OMB will act on OFCCP's submission. OMB has the right to approve the final regulations as submitted, to deny approval if the regulations do not meet the requirements of the Paperwork Reduction Act or other laws, or to request revisions from OFCCP before approval. While some commentators have speculated that the revised regulations may be approved some time in August, others have suggested that it may be later this year before these regulations are approved, if they are approved at all.
Documentation of OMB's receipt of the final regulations can be found on the reginfo.gov website at
http://www.reginfo.gov/public/do/eoDetails?rrid=123242. Unfortunately, there is no formal way to view the final version of the revised regulations until OMB makes a decision about these regulations or until OFCCP decides to release them to the public.
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