Federal Contract Compliance and Workforce Development Act of 1988

Federal Contract Compliance and Workforce Development Act of 1988 - Gives the force and effect of law to specified portions of Executive Order 11246, and related regulation, which mandate enforcement of nondiscrimination and affirmative action requirements in Federal contracts through the Department of Labor's Office of Federal Contract Compliance Programs. Prohibits modification or abrogation of such portions of that order and such regulations except by Act of Congress. Provides that any provision of such order or regulations inconsistent with this Act shall have no further force or effect to the extent of that inconsistency.

Directs the Bureau of Labor Statistics (BLS) to publish reports and interim reports on the following employment data: (1) the total number of persons in an occupation group and in the labor force; and (2) the number of such persons, by sex, who are members of each race and ethnic category defined in Directive 15 of the Office of Management and Budget, which relates to race and ethnic standards for Federal statistics and administrative reporting. Requires: (1) one such report showing employment data for each occupation group and hiring area for that group as of April 1, 1990; and (2) further reports with such data as of each tenth year thereafter. Requires: (1) an interim report with such data by group and area as of April 1, 1990, for each professional, managerial, and technical occupation group, showing the number of qualified persons, whether employed or not, based on such other surveys as the Commissioner of Labor Statistics deems appropriate; and (2) further interim reports showing such data as of every second year thereafter for each such group and area, and for any other occupation group the Commissioner deems appropriate because of possible rate changes since the last report. Sets forth deadlines for such reports. Requires such reports to include data quality reliability evaluations and recommended improvements.

Directs the BLS in 1990 and every second year thereafter to publish a survey of compensation of workers, based on data from a representative sample of establishments, by each occupation group and hiring area for that group, broken down by the specified ethnic, racial, and gender categories. Directs the BLS to: (1) establish the occupation groups and hiring areas for such reports, interim reports, and surveys; and (2) develop methods for accurately estimating the numbers of persons qualified for specific professional, managerial, and technical occupations; and (3) conduct a preliminary study to develop such methods and collect information as a basis for determining hiring areas and occupation groups. Requires that the reports on the occupation groups of operatives, laborers, and service workers with respect to an ethnic, racial, or gender category include all members of that category in the labor force.

Requires each employer to maintain such compensation and other employment records, by employee, as the Secretary of Labor determines are necessary to carry out this Act. Requires maintenance of such records for five years after they are created, unless pending litigation or administrative proceedings require otherwise. Directs the Secretary of Labor to require such records to be maintained by the occupation group and hiring area categories established by the BLS and by the race, ethnic, and sex categories used for the required reports. Authorizes the BLS to require any person or govenmental entity to furnish, onsite or offsite, the data and information the BLS needs to carry out its functions under this Act. Makes individually identifiable data and information furnished for such purpose confidential, not to be used for other purposes, and not subject to compulsory process. Sets penalties of fines or imprisonment for failure to keep or provide such data and information.

Sets a deadline by which the Bureau of the Census must provide to the BLS census data necessary for the BLS to perform its functions under this Act.

Directs the BLS to establish an advisory council to advise on the implementation of BLS functions under this Act. Terminates such council seven years after its establishment.

Establishes in the Treasury the Education Improvement Fund. Directs each contracting Federal agency, upon the transfer of any amount of money to a recipient under a contract or other arrangement to which Executive Order 11246 requirements apply, to deduct five-thousandths of such amount and transfer it to the Fund. Provides for the allocation of appropriations from the Fund among specified programs and activities related to education.

Establishes an Advisory Board of the Education Improvement Fund to advise the Secretary of Education with respect to the use of funds for grants to higher education institutions, local education agencies, State education agencies, and vocational education institutions. Directs the Board to: (1) recommend general policies and oversee program operations; (2) recommend general criteria for distribution of grants among eligible academic fields; (3) identify areas of underrepresentation by racial, ethnic, or gender groups and areas of national need, such as mathematics, physical sciences, computer science, foreign languages or area studies, minority teacher recruitment and training, and others designated by the Board; (4) appoint panels of distinguished academic scholars to select grant recipients; and (5) report to the Congress at least once every three years on appropriate program modifications.

Directs the Secretary of Education to award grants to higher education institutions for undergraduate and graduate scholarships to talented and needy students from underrepresented racial, ethic, or gender groups for career preparation in fields in which they are underrepresented and for which there is a national need.

Limits such grants to one academic year of study and renewal of them to a total period not to exceed five years of undergraduate study and five years of graduate study. Allows continued payments during an interruption of up to 12 months for work, travel, or independent study supportive of the academic program. Sets forth application and selection requirements. Directs the Secretary, among other considerations, to give special consideration to awarding grants to historically black colleges and universities, traditionally black higher education institutions, institutions with significant minority populations, and historically female higher education institutions.

Requires exclusive use of grant funds for direct scholarship aid to eligible students.

Directs the Secretary to award grants to State education agencies, local education agencies, and vocational institutions for more effective programs of instruction for educationally disadvantaged children belonging to specified underrepresented racial, ethnic, and gender groups. Requires use of such grants to strengthen academic skills of such children and prepare them to enter postsecondary programs in fields in which their group is underrepresented and there is a national need. Earmarks certain grant funds also for specified teacher training and retraining programs. Limits grants to one school year of study, with possible annual renewals. Sets forth application and selection requirements. Directs the Secretary to give special consideration to State and local educational agencies in which there is a student population of more than 50 percent educationally disadvantaged children.

Requires grant funds to be used for: (1) innovations and improvements in instruction for educationally disadvantaged children from the underrepresented groups; (2) early identification and recruitment of minority and female students to enter fields requiring substantial preparation in mathematics and science, the teaching profession, and other technical fields determined by the Board; (3) assessment of need for minority teachers and planning for current and projected minority teacher shortages; (4) incentive payments to teachers, to encourage minority teacher recruitment and teacher training and retraining in designated fields; (5) midcareer minority entry or reentry into teaching; and (6) workforce development centers composed of consortia of various entities to update teacher skills and prepare underrepresented students for careers in targeted areas.

Requires employers covered by this Act to report each year to an entity jointly designated by the Equal Employment Opportunity Commission and the Assistant Secretary of Labor for Federal Contract Compliance specified employment information relating to affirmative action programs and goals. Substitutes such reports for any required under specified affirmative action program provisions of certain Federal regulations, Executive Order 11246, and title VII of the Civil Rights Act of 1964. Directs the Assistant Secretary of Labor for Federal Contract Compliance to: (1) conduct random and systematic audits of such reports; (2) develop and maintain a current list of all contractors required to file such reports; and (3) report annually to the Congress an analysis of the overall trends reflected in such reports. Requires a report to assess progress of the agency in creating employment opportunities for minorities, women, handicapped individuals, and Vietnam-era veterans.

Sets forth requirements for preaward review of Federal contractors, applicable in lieu of specified certificates of merit under Executive Order 11246. Prohibits a Federal agency from awarding or otherwise entering into a contract to which the requirements of Executive Order 11246 apply unless the Assistant Secretary of Labor for Federal Contract Compliance has, within the past two years, conducted and approved a preaward review of each contractor under the contract whose contract or subcontract is of a value of $5,000,000 or more. Authorizes the Assistant Secretary to require a preaward review for any other contractor. Authorizes the Assistant Secretary to grant waivers of the preaward review upon certification of the head of the contracting agency that national security and urgent and compelling circumstances require such waiver. Requires a postwaiver review within one year, and initiation of enforcement proceedings if noncompliance is found.

Directs the Assistant Secretary to give notice of failure to approve a preaward review to all interested parties. Sets forth a protest procedure for interested parties denied a contract.

Provides for administrative enforcement of this Act and related Executive Orders. Authorizes an administrative law judge, after a hearing and prompt findings and conclusions, to either dismiss the case or issue an order for appropriate relief or a civil penalty, or both. Requires an order for treble damages in cases of retaliation for filing a complaint. Requires cancellation, termination, or suspension of the relevant contract or part in cases of repeated failures to comply with an Executive Order or to provide required data. Authorizes such judge to assess for each violation a civil penalty of up to: (1) $1,000,000 if the respondent is other than an individual; and (2) $250,000 if the respondent is an individual. Makes the decision and order of the administrative law judge in such a hearing the final order of the agency for purposes of judicial review. Grants U.S. courts of appeals exclusive original jurisdiction of civil actions for such review. Prohibits retaliation, including malicious interference with future employment, or discrimination against anyone filing a complaint under these provisions for administrative enforcement.

Allows private persons to bring civil actions to obtain appropriate relief, including any relief which would be required by an administrative enforcement order, if they are harmed by a violation of: (1) Executive Order 11246 or regulations for its implementation; (2) specified provisions under the Rehabilitation Act of 1973 relating to employment under Federal contracts and advancement of qualified individuals with handicaps; (3) specified provisions of Federal law relating to employment of veterans; (4) the prohibition against retaliation for filing complaints; or (5) a conciliation agreement relating to any such violation. Allows civil actions for an order of mandamus to enforce this Act or Executive Order 11246 by any member of the labor force who belongs to a described ethnic, racial, or gender category that is underrepresented in an occupational group in the most recent BLS report. Provides for court appointment of attorneys under appropriate circumstances.

Authorizes the administrative law judge, or the court, to award attorney's fees and other costs. Makes the United States as liable as a private person for such fees and costs. Directs the Secretary of Labor to coordinate administration of this Act with the contract compliance requirements of State and local government, in order to make reporting and other requirements as uniform as possible so as to simplify compliance. Prohibits employers from passing through to the Federal Government their costs incurred under this Act.

Establishes the Office of the Assistant Secretary of Labor for Federal Contract Compliance. Allows the incumbent Director of the Office of Federal Contract Compliance Programs to serve as such Assistant Secretary at the pleasure of the President. Vests the functions of the Office of Federal Contract Compliance Programs in such Assistant Secretary.

Applies this Act to any contractor with 15 or more employees.