INTERIM MEMORANDUM OF UNDERSTANDING
THE DEPARTMENT OF LABOR
THE DEPARTMENT OF TRANSPORTATION
The purpose of this interim memorandum of understanding is to further the objectives of
Section 140 of Title 23 of the United States Code and of Section 205 of Executive Order
Executive Order 11246 prohibits employment discrimination by federal contractors and
subcontractors, and federally-assisted construction contractors and subcontractors, and
authorizes the Secretary of Labor to administer and enforce the Order. Except for general
rulemaking, the Secretary's responsibilities under the Order have been delegated to the
Director of the Office of Federal Contract Compliance Programs (OFCCP).
Section 140 of Title 23 of the United States Code requires the Secretary of
Transportation, prior to approving federal-aid highway projects, to receive assurances
from each State that employment on such projects will be provided in a non-
discriminatory manner. The Federal Highway Administration (FHWA) has been
authorized to administer the statute, to oversee the States' actions in fulfilling their
assurances, to establish procedures to effectuate the statute, and to maintain a vigorous
monitoring and review process to ensure nondiscrimination and affirmative action in
federal and federally-assisted highway construction projects.
This interim memorandum of understanding provides that the OFCCP and the FHWA
will exchange information, so that the agencies can carry out their responsibilities
efficiently and effectively, with as little duplication of effort as possible.
The parties to this memorandum agree as follows:
- The "agencies" referred to in this memorandum are the Office of Federal
Contract Compliance Programs (OFCCP) within the Department of Labor,
and the Federal Highway Administration (FHWA) within the Department of
- The "appropriate officials" for the DOL/OFCCP are-
(a) the Secretary and Under Secretary of Labor;
(b) the Solicitor of Labor;
(c) the Assistant Secretary for Employment Standards;
(d) the Director or Deputy Director of the OFCCP;
(e) the Associate Solicitor of Labor for Labor Relations and Civil Rights;
(f) any ESA Assistant Regional Administrator for OFCCP;
(g) any Regional Solicitor, Associate Regional Solicitor or Regional Attorney; and
(h) any ESA Area Office Director for OFCCP.
- The "appropriate officials" for the DOT/FHWA are-
(a) the Secretary and Deputy Secretary of Transportation;
(b) the Administrator and Deputy Administrator of the FHWA;
(c) the Directors of Civil Rights for the Department of Transportation and
the FHWA; and
(d) any FHWA Regional Administrator, Division Administrator, or
Regional Director of Civil Rights.
- On a quarterly basis, the agencies shall exchange information regarding
schedules of review and investigation.
- An appropriate official for one agency may request permission to inspect and
copy any documents pertaining to any contractor or complaint within the
jurisdiction of the other agency. The documents referred to in this paragraph
include, but are not limited to, the following:
Whenever an agency receives a request under paragraph (5), and the agency
possesses the documents that are the subject of the request, the agency shall
make the documents available to be inspected and copied by the requesting
officials, or by another person whom the requesting official may designate.
(a)affirmative action programs or contract specifications;
(b) investigative files;
(c) conciliation agreements;
(d) compliance review reports;
(e) listings of enforcement actions (debarments, suspensions, terminations, etc.);
(f) community data;
(g) lists of complainants' charges or allegations; and
(h) copies of judicial or administrative decisions.
An agency receiving a request under paragraph (5) shall respond to the official
who made the request, or to another person whom the requesting official may
designate, within fourteen days after the request is received; except that
documents not immediately available may be provided within forty-five days
after the request is received.
Within thirty days after this memorandum is ratified, the FHWA shall provide
the OFCCP with a detailed inventory of the contract compliance records in its
The OFCCP shall rely on the Headquarters or a field office of the FHWA for
access to records, reports, or other documents or information in the possession
of State highway agencies. The Director or Assistant Regional Administrator
for the OFCCP may waive this requirement, but only in cases where the
materials are needed immediately and it would cause an unacceptable delay to
request them through the FHWA. The official who makes such a waiver shall
notify the corresponding official of the FHWA at once. When time permits,
the OFCCP shall request such materials through FHWA in writing.
Each agency shall notify its field office and other appropriate parties of the
content of this memorandum promptly upon its ratification.
Each agency shall forward to the other agency, for review, all regulations and
other instructions that may be developed to implement this memorandum.
Each agency shall periodically review its own implementation of this
Each agency shall use information obtained under this memorandum only in
the performance of its own statutory or administrative functions, and shall not
act as the agent of, or on behalf of, the other agency.
Within 120 days after this memorandum is ratified, the Department of
Transportation and the Department of Labor will develop a similar agreement
applicable to all components of the Department of Transportation.
|Original signed by:___________________
Secretary of Labor
|Original signed by:_____________________
Secretary of Transportation
|DEC 7, 1979_____________
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