On August 3, 2020, President Trump
issued Executive Order 13940, Aligning Federal Contracting and
Hiring Practices With the Interests of American Workers (the Order)
to create opportunities for United States workers to compete for
jobs, including jobs created through Federal contracts. This Order
further bolsters a series of executive actions taken to strengthen
the Administration’s policy to buy American and hire American.
These actions are especially critical to the Nation as we work to
boost economic activity.
Pursuant to Office of
Management and Budget (OMB) procedures established at 5 Code of
Federal Regulations (CFR) Part 1320, Controlling Paperwork Burdens
on the Public, DOL requests that the proposed information
collection project, “Aligning Federal Contracting and Hiring
Practices With the Interests of American Workers” be processed as
an Emergency Clearance Request in accordance with 5 CFR Part
1320.13 (Emergency Processing). Section 2(a) and (b) of the Order
require agencies to review their federal contractors’ use of
temporary foreign labor or offshoring practices where contract work
is moved from domestic to foreign performance. Section 2(d) of the
Order requires agencies to submit a report to the Office of
Management and Budget (OMB) by December 1, 2020, summarizing the
results of these reviews and discussing any planned follow-up
actions and recommendations for executive or other action. The
Department of Labor cannot reasonably comply with the normal
clearance procedures under the PRA since E.O. 13940 requires
agencies to perform the required analysis and report back to OMB
with summary results, follow-up actions, and recommendations within
120 days of issuance of the Order, which is December 1, 2020. For
these reasons, the Department seeks emergency processing of the
“Aligning Federal Contracting and Hiring Practices With the
Interests of American Workers” information collection. The
Department requests that OMB approve the information collection for
use by September 15, 2020 and waive publication of the emergency
collection as required under 5 CFR Part 1320.13(d).
EO: EO
13940 Name/Subject of EO: Aligning Federal Contracting and Hiring
Practices With the Interests of American Workers
This is a new, one-time
information collection. The Department does not intend to continue
this information collection past the approved clearance period. If,
however, the Department intends to continue these reporting
requirements, Department staff will initiate the normal clearance
process in compliance with the Paperwork Reduction Act of 1995 and
OIRA’s regulations.
$0
No
No
No
No
No
No
No
Ryan Chandler 202
693-7283
Yes
Section 2(a) and (b) of the Order require
agencies to review their federal contractors’ use of temporary
foreign labor or offshoring practices, where contract work is moved
from domestic to foreign performance. Section 2(c) of the Order
requires agencies to review whether their federal hiring practices
are compliant with U.S. citizenship requirements. Finally, Section
2(d) requires agencies to submit a report to the Office of
Management and Budget (OMB) by December 1, 2020, summarizing the
results of these reviews and discussing any planned follow-up
actions and recommendations for executive or other action.
Department of Commerce (DOC) Review of Federal Contracting and
Hiring Practices per Executive Order 13940 and Office of Management
and Budget Memorandum M-21-08
Active
Aligning Federal Contracting and Hiring Practices With the
Interests of the American Workers (Executive Order 13940)
Aligning Federal Contracting and Hiring Practices With the
Interests of the American Workers (Executive Order 13940)
Active
Aligning Federal Contracting and Hiring Practices With the
Interests of the American Workers (Executive Order 13940)
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
List of Information Collection Elements related to EO 13940.docx
Labor Emergency Processing Request for ICR 202009-1291-001.pdf
Aligning Federal Contracting and Hiring Practices With the Interests of the American Workers (Executive Order 13940)