Aligning Federal Contracting and Hiring Practices With the Interests of the American Workers (Executive Order 13940)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
List of Information Collection Elements related to EO 13940.docx	Supplementary Document	Uploaded 2020-09-11	Available
EO 13940 Supporting Statement template (emergency clearance).docx	Supporting Statement A	Uploaded 2020-09-11	Available
Labor Emergency Processing Request for ICR 202009-1291-001.pdf	Supplementary Document	Uploaded 2020-09-11	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
243586	Aligning Federal Contracting and Hiring Practices With the Interests of the American Workers (Executive Order 13940)	Other-List of Information Collection elements related to EO 1394	New

ICR Details

OMB Control No: 1291-0012	ICR Reference No: 202009-1291-001
Status: Active	Previous ICR Reference No:
Agency/Subagency: DOL/OASAM	Agency Tracking No:
Title: Aligning Federal Contracting and Hiring Practices With the Interests of the American Workers (Executive Order 13940)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  Yes
Type of Review Request: Emergency	Approval Requested By: 09/11/2020
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/14/2020
	Date Received in OIRA: 09/11/2020
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2021	6 Months From Approved
Responses	24	0	0
Time Burden (Hours)	960	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: 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.

Emergency Justfication: 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).

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Authorizing Statute(s): EO: EO 13940 Name/Subject of EO: Aligning Federal Contracting and Hiring Practices With the Interests of American Workers
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Aligning Federal Contracting and Hiring Practices With the Interests of the American Workers (Executive Order 13940)

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	24	0	0	24	0	0
Annual Time Burden (Hours)	960	0	0	960	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  Yes

Description/Changes for Common Form Usage:  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.

Approved RCFs using this ICR

table that charts list of RCF

Agency/Sub Agency	RCF ID	RCF Title	RCF Status	IC Title
DOC/OS	202012-0690-002CF	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)
DOI/OS	202012-1093-001CF	Department of Interior RCF - 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)
SBA	202012-3245-002CF	Aligning Federal Contracting and Hiring Practices	Active	Aligning Federal Contracting and Hiring Practices With the Interests of the American Workers (Executive Order 13940)
TREAS/DO	202011-1505-001CF	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)

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 09/11/2020

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