[Federal Register: May 19, 2008 (Volume 73, Number 97)]
[Rules and Regulations]
[Page 28710-28725]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my08-4]
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DEPARTMENT OF LABOR
Veterans' Employment and Training Service
41 CFR Part 61-300
RIN 1293-AA12
Annual Report From Federal Contractors
AGENCY: Veterans' Employment and Training Service (VETS), Labor.
ACTION: Final rule.
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SUMMARY: The Veterans' Employment and Training Service is publishing a
new set of regulations, and adopting a new Federal Contractor Veterans'
Employment Report VETS-100A (``VETS-100A Report'') form, to implement
the requirement under the Vietnam Era Veterans' Readjustment Assistance
Act of 1974 (``VEVRAA'') that Government contractors track and annually
report the number of employees in their workforces who are veterans
covered under the law. The final regulations published today implement
amendments to the reporting requirements under VEVRAA that were made by
the Jobs for Veterans Act (``JVA'') in 2002. The JVA amendments: Raised
the dollar amount of the Government contracts that trigger a
contractor's obligation to report on veterans' employment; and changed
the
[[Page 28711]]
categories of veterans that contractors are to track and report. The
final regulations published today apply only to covered Government
contracts entered into or modified on or after December 1, 2003. The
existing regulations in 41 CFR part 61-250, which require contractors
to use the Federal Contractor Veterans' Employment Report VETS-100
(``VETS-100 Report'') form to provide the information on the covered
veterans in their workforces, will continue to apply to Government
contracts entered into before December 1, 2003.
DATES: Effective Date: These regulations are effective June 18, 2008.
FOR FURTHER INFORMATION CONTACT: Robert Wilson, Chief, Investigations
and Compliance Division, Veterans' Employment and Training Service,
U.S. Department of Labor, 200 Constitution Avenue, NW., Room S-1312,
Washington, DC 20210, RMWilson@dol.gov, (202) 693-4719 (this is not a
toll-free number).
For press inquiries, contact Michael Biddle, Office of Public
Affairs, U.S. Department of Labor, 200 Constitution Avenue, NW., Room
S-1032, Washington, DC 20210, Biddle.Michael@dol.gov, (202) 693-5051
(this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The Vietnam Era Veterans' Readjustment Assistance Act of 1974
(``VEVRAA''), 38 U.S.C. 4212(d), requires that Federal contractors
report annually to the Secretary of Labor about their employment of
certain categories of veterans. The Department of Labor has promulgated
regulations found at 41 CFR part 61-250, which require contractors to
use the Federal Contractor Veterans' Employment Report VETS-100
(``VETS-100 Report'') form for reporting information on the number of
covered veterans in their workforces.
On November 7, 2002, the President signed the Jobs for Veterans Act
(JVA) (Pub. L. 107-288, 116 Stat. 2033). Section 2(d)(1)(A) of JVA
amended the Federal contractor reporting requirements contained in 38
U.S.C. 4212(d). Section (2)(b)(3) of JVA made the amendments applicable
to Government contracts entered into on or after December 1, 2003.
Prior to amendment by JVA, VEVRAA required contractors with a
Government contract of $25,000 or more to report at least annually to
the Secretary on the number of employees in their workforces, by job
category and hiring location, who are ``special disabled veterans,
veterans of the Vietnam era, recently separated veterans, or other
veterans who served on active duty during a war or in a campaign or
expedition for which a campaign badge has been authorized.'' In
addition, prior to amendment by JVA, VEVRAA required contractors to
report on the number of employees hired during the period covered by
the report who belong to the specified categories of covered veterans.
The JVA amendments to VEVRAA made two changes to the reporting
requirements applicable to contracts entered into on or after December
1, 2003. First, the JVA amendments increased from $25,000 to $100,000,
the dollar amount of the contract that subjects a Government contractor
to the requirement to report the number of employees in their
workforces who are covered veterans.
Second, the JVA amendments changed the categories of covered
veterans under VEVRAA and thus the categories of veterans that
contractors are required to track and report on annually. JVA
eliminated the coverage category of Vietnam era veterans. However, many
Vietnam era veterans may remain covered in other categories. JVA added
a new category of covered veterans--those ``veterans who, while serving
on active duty in the Armed Forces, participated in a United States
military operation for which an Armed Forces service medal was awarded
pursuant to Executive Order 12985.'' In addition, the JVA amendments
expanded the coverage of recently separated veterans from one year
after discharge or release from active duty, to three years. Finally,
JVA expanded the coverage of veterans with disabilities. Prior to
amendment by JVA, VEVRAA covered veterans rated as having 10% to 20%
serious employment handicap or a disability rated 30% or more by the
Department of Veterans Affairs. As a result of the JVA amendments, all
veterans who were discharged or released from active duty because of a
service-connected disability are covered under VEVRAA.
On August 8, 2006, VETS published a Notice of Proposed Rulemaking
(NPRM), (71 FR 44945), to implement the changes made by JVA to the
reporting requirements under VEVRAA. The NPRM proposed to adopt a new
set of regulations that would be codified in a new 41 CFR part 61-300.
The NPRM also proposed to adopt a new form for reporting the
information on veterans' employment required by the JVA amendments to
VEVRAA and name it the ``VETS-100A Report.''
VETS received a total of six comments: Two from employer
associations whose members include Federal contractors, one from a
management consulting firm that specializes in human resources, one
from a government agency, one from a human resources professional, and
one from an attorney. Generally, the comments discussed the confusion
that might result from VETS maintaining two sets of VEVRAA regulations
and requested clarification of certain provisions. VETS reviewed and
carefully considered the comments in the development of this final
rule.
VETS recognized that contractors will need time to update their
recordkeeping systems to collect the data required by the VETS-100A
Report, and stated in the NPRM that the reporting requirements in the
new part 61-300 would become effective for the calendar year 2007, and
would be reported in the VETS-100A Report to be filed by September 30,
2008. We received two comments on the proposed effective date of the
final rule. One commenter asked that VETS extend the effective date of
the new reporting requirements to 2008, and the date for filing the
VETS-100A Report for the first time to September 30, 2009, in order to
allow contractors sufficient time to adjust their computer systems.
Another commenter requested that VETS clarify in the final rule that
contractors do not have to begin collecting and maintaining data
required for the 2008 VETS-100A Report until the first day of the 12-
month period for which new hire data will be reported on the 2008
report.
When the effective dates stated in the NPRM were proposed, VETS
anticipated that today's final rule and its information collection
requirements would be effective by a date that would allow contractors
sufficient time to collect the data needed to complete and file a VETS-
100A Report for the 2008 reporting cycle. The VETS-100A Report calls
for contractors to provide data on veterans' employment for a 12-month
period ending on a date in the report year between July 1 and August 31
that represents the end of a payroll period. However, today's final
rule will not take effect in time for contractors to collect data for
the entire 12-month period ending on a date between July 1 and August
31, 2008. Accordingly, VETS has decided to extend the effective date
for the reporting requirements in the new part 61-300 regulations.
Contractors are to collect and maintain the data prescribed by the new
part 61-300 regulations beginning in the calendar year 2008, and report
the data in the VETS-100A Report to be filed by September 30, 2009.
[[Page 28712]]
Overview of the Final Rule
The final regulations implementing the JVA changes to the reporting
requirements under VEVRAA will be codified in a new 41 CFR part 61-300.
As was explained in the NPRM, the provisions in part 61-300 are modeled
after the existing regulations in part 61-250 implementing the
reporting requirements under VEVRAA prior to amendment by JVA. The part
61-300 regulations differ from the regulations in part 61-250 in two
ways: The part 61-300 regulations reflect the changes to the
requirements under VEVRAA made by JVA, and certain provisions in the
part 61-300 have been revised to improve the readability of the rule.
The Section-by-Section Analysis of the NPRM highlighted the differences
between the provisions in the proposed rule and existing part 61-250.
Throughout the regulation, changes have been made to clarify the
wording in accordance with plain language principles. Unless specified
below, the minor language differences are not intended to create a
difference in substantive meaning between the final rule and parallel
provisions in part 61-250.
The final rule, for the most part, adopts the provisions that were
proposed in the NPRM. However, a few provisions have been modified in
response to the public comments. The discussion that follows identifies
the significant issues raised in the comments received in response to
the NPRM, provides VETS responses to those comments, and explains any
resulting changes to the proposed rule.
Section-by-Section Analysis of Comments and Revisions
Section 61-300.1 What are the purpose and scope of this part?
This section outlines the purpose and scope of the regulations.
Proposed paragraph (a) states that each contractor or subcontractor who
enters into a contract on or after December 1, 2003, in the amount of
$100,000 or more with any department or agency of the United States,
and who is subject to 38 U.S.C. 4212(a) (the affirmative action
provisions of VEVRAA), must submit a report according to the
requirements of part 61-300. In addition, proposed paragraph (a) states
that any contractor or subcontractor whose only contract was entered
into before December 1, 2003, must follow the regulations in part 61-
250. Further, proposed paragraph (a) provides that any contractor that
has a contract of $25,000 or more entered into before December 1, 2003,
and has a contract of $100,000 or more entered into on or after
December 1, 2003, is required to file both the VETS-100 Report and the
VETS-100A Report as instructed in parts 61-250 and 61-300.
Three commenters--two employer associations and a consulting firm--
were critical of the requirement in paragraph (a) that contractors
holding a covered contract entered into before December 1, 2003, as
well as a covered contract entered into on or after December 1, 2003,
comply with both the regulations in existing part 61-250 and new part
61-300. They maintained that it would be confusing and burdensome for
contractors to collect and report data about the same workforce on both
the VETS-100 Report required under part 61-250 and the VETS-100A Report
prescribed by new part 61-300 for the same reporting period, where each
form calls for data on the number of employees in four different
categories of covered veterans, and only one of those categories is
found on both forms. All of the commenters offered a recommendation for
minimizing the recordkeeping and reporting burden.
One commenter asserted that VETS has flexibility, and as a matter
of enforcement policy the agency could adopt a rule that requires
contractors to comply with only one set of VEVRAA regulations. The
commenter argued that VETS could state in the final rule that
contractors with a contract of at least $100,000 entered into on or
after December 1, 2003, are required to file only the VETS-100A Report,
even if the contractors also have covered contracts that were entered
into before December 1, 2003. Further, the commenter stated that the
final rule could provide that, if a contractor with contracts subject
to the regulations in part 61-250 enters into a contract that is
subject to new part 61-300 regulations after the start of the
Affirmative Action Program (AAP) year, the contractor has the option of
continuing to comply only with the reporting requirements under the
part 61-250 regulations until the end of the AAP year.
VETS disagrees with the assertion that the final rule could provide
that contractors need comply with the reporting requirements of only
one set of VEVRAA regulations. Some employees may be counted in more
than one of the covered veteran categories. For example, an employee
may be both a Vietnam era veteran and an other protected veteran. Thus,
some veterans in the pre-JVA categories will be included in one or more
of the categories covered under the JVA as well. However, a small
number of Vietnam era veterans do not belong to any other covered
veteran category and would not be tracked and reported if VETS were to
adopt a rule requiring contractors with contracts entered into both
before and on or after December 1, 2003, to comply only with the new
part 61-300 regulations. Conversely, some categories of veterans that
are covered under the JVA were not previously covered under VEVRAA, and
therefore, would not be tracked and reported if VETS were to allow
contractors to comply only with the existing part 61-250 regulations.
The rulemaking authority of VETS can only be exercised in a manner
that carries out the provisions of the statute. Here, Congress
expressly made the JVA reporting requirements applicable to contracts
entered into on or after December 1, 2003, and thereby provided that
contracts entered before December 1, 2003, would continue to be subject
to the pre-JVA reporting requirements. Consequently, VETS has no
authority to allow contractors with contracts entered into both before
and on or after December 1, 2003, to track and report only the
categories of covered veterans covered under the JVA. Likewise, VETS
cannot adopt a rule that allows contractors with contracts entered into
both before and on or after December 1, 2003, to track and report only
the pre-JVA categories. Accordingly, the final rule provides that a
contractor with covered contracts entered into both before and on or
after December 1, 2003, must comply with the regulations in existing
part 61-250 and new part 61-300 and file both the VETS-100 Report and
the VETS-100A Report. However, a contractor that is covered under
existing part 61-250 that enters into a contract of $100,000 or more
after the start of the AAP year does not have to file a VETS-100A
Report during that year. The instructions for completing the VETS-100A
Report state ``[e]ntering into a covered federal contract or
subcontract during a given calendar year establishes the requirement to
file a VETS-100A Report during the following calendar year.''
Another commenter recommended that VETS adopt a rule allowing
contractors to comply with only one set of VEVRAA regulations. This
commenter suggested that VETS permit those contractors that are subject
to both sets of regulations ``to use the regulations covering the
majority of their employees.'' The commenter stated that this approach
would allow contractors to submit a report for all employees based on
whether a majority of their employees are covered under contracts dated
prior to December 1, 2003, or after that date. The date of the
[[Page 28713]]
Government contract determines the categories of veterans contractors
must track and report. However, the date of the Government contract
does not affect whether the particular employees are covered by the
reporting requirement. Once a business or organization is awarded a
covered Government contract, all of the establishments or facilities of
the business or organization are subject to the same regulatory
requirements, regardless of where the Government contract is to be
performed. Consequently, if a contractor is subject to the reporting
requirements under VEVRAA, the contractor is required to report the
number of employees in its entire workforce, by job category, and by
hiring location, who belong to the specified categories of covered
veterans. Thus, the commenter's suggestion that contractors be
permitted to comply with the regulations that cover the ``majority of
their employees'' misconstrues the scope of coverage under VEVRAA, and
does not address the concern about the burdens of dual reporting.
The remaining commenter recommended that to minimize duplicative
reporting for those with covered contracts entered into both before
December 1, 2003, and on or after that date, VETS should clarify that
modification of a pre-December 1, 2003, contract for at least $100,000
will incorporate the VETS-100A reporting requirements in today's final
rule. We agree that modification of an otherwise covered contract on or
after December 1, 2003, will substitute the VETS-100A requirements of
41 CFR 61-300 for the VETS-100 requirements of 41 CFR 61-250 in the
modified contract.
Two Department of Labor agencies have promulgated regulations
implementing 38 U.S.C. 4212. VETS has published regulations at 41 CFR
part 61-250 (and now 41 CFR part 61-300) implementing the reporting
requirements, and OFCCP has published regulations at 41 CFR parts 60-
250 and 60-300 implementing the affirmative action provisions. Because
the requirements of Section 4212 apply to the same Federal contractors
and apply to the same categories of veterans, VETS and OFCCP use the
same definitions for common terms found in both rules. Section 61-
300.2(a) of the final rule states that, unless otherwise indicated, the
terms set forth in part 61-300 have the same meaning as those set forth
in part 60-300. Accordingly, the definitions pertinent to contract
coverage under part 61-300 are contained in 41 CFR 60-300.2.
The term ``Government contract'' is defined at 41 CFR 60-300.2(i)
as ``any agreement or modification thereof between any contracting
agency and any person for the purchase, sale, or use of personal
property or nonpersonal services (including construction).'' A
``modification'' is ``any alteration in the terms and conditions of a
contract, including supplemental agreements, amendments and
extensions.'' 41 CFR 60-300.2(i)(1) JVA applies to Government contracts
entered on or after December 1, 2003. Because a contract modification
is a ``Government contract'' JVA applies to modifications of otherwise
covered contracts made on or after December 1, 2003. Consequently,
modification of a contract that would otherwise be covered by 41 CFR
61-300 on or after December 1, 2003, but for the date the contract was
entered into would have the effect of modifying the VEVRAA reporting
clause; the new VETS-100A requirements of 41 CFR 61-300 would be
applicable to the modified contract, rather than the old VETS-100
requirements of 41 CFR 61-250.
The effect of contract modification is addressed in Sec. 61-
300.10, which provides that the VETS-100A reporting clause must be
included in each covered Government contract or subcontract ``and
modifications, renewals, or extensions thereof if not included in the
original contract.'' To further clarify the effect of modifying a
contract on the reporting requirements applicable after modification,
language has been added to Sec. 61-300.1(a) addressing the issue. In
the final rule, Sec. 61-300.1(a) has been revised to state ``[e]ach
contractor or subcontractor who enters into or modifies a contract or
subcontract on or after December 1, 2003, in the amount of $100,000 or
more with any department or agency of the United States * * * must
submit a report according to the requirements of part 61-300.'' In
addition, Sec. 61-300.1(a) of the final rule states ``[a]ny contractor
or subcontractor whose only contract with any department or agency * *
* was entered into before December 1, 2003 (and not modified as
described above), must follow part 61-250.''
Paragraph (c) of this section states that reporting requirements of
part 61-300 will be deemed waived in those instances where the Deputy
Assistant Secretary for Federal Contract Compliance has granted a
waiver under 41 CFR 60-300.4(b)(1) (waiver granted in the ``national
interest'') or under 41 CFR 60-300.4(b)(3) (separate facility waiver).
Paragraphs (b) and (d) refer to the obligations of contractors to
comply with the regulations implementing the affirmative action
provisions of VEVRAA found in 41 CFR part 60-300 that are administered
by OFCCP.
Except for the clarification set forth in paragraph (a) regarding
the reporting requirements that apply to contract modifications entered
into on or after December 1, 2003, Sec. 61-300.2 is adopted in the
final rule as proposed.
Section 61-300.2 What definitions apply to this part?
In the NPRM, VETS proposed to incorporate many of the definitions
in existing Sec. 61-250.2 without any changes. The proposal called for
some definitions to be incorporated in Sec. 61-300.2 with
modifications necessary to implement the JVA. Likewise, some
definitions in existing Sec. 61-250.2 were not carried over to Sec.
61-300.2.
Paragraph (b)(4) defines ``disabled veteran,'' paragraph (b)(5)
defines ``other protected veteran,'' paragraph (b)(6) defines ``Armed
Forces service medal veteran,'' paragraph (b)(7) defines ``recently
separated veteran,'' paragraph (b)(8) defines ``covered veteran,'' and
paragraph (b)(9) defines the term ``qualified,'' as required by the
JVA.
The definition of ``eligibility period'' has not been carried over
from the part 61-250 regulations because it is not used in this
regulation. Lastly, a definition for the phrase ``covered incumbent
veteran,'' has been added to paragraph (b)(14) to provide a shorthand
phrase that can be used for collectively referring to all categories of
protected veterans.
Two comments addressed the proposed definition of the term ``job
category'' in paragraph (b)(3), which referenced the job categories
that are used in the EEO-1 Standard Employer Information Report EEO-1
Report (``EEO-1 Report''). The commenters pointed out that the job
categories described in proposed paragraph (b)(3) were used for the
final time in the EEO-1 Report filed for the 2006 reporting period,
which ended on September 30, 2006. On November 28, 2005, EEOC published
a notice setting forth the final revisions to the EEO-1 Report (70 FR
71294), which were approved by OMB following a 30-day period for public
comment. Employers, including Government contractors with 50 or more
employees and a contract of $50,000 or more, must use the revised EEO-1
Report form beginning with the report that must be filed by September
30, 2007. The approved revisions to the EEO-1 Report include an
increase in the number of job categories as a result of dividing the
Officials and Managers category into two subgroups--Executives/Senior
Level Officials and Managers and First/Mid Level Officials and
Managers, as well as changes in the definitions of the job categories.
The
[[Page 28714]]
revisions to the EEO-1 job categories and other changes are discussed
in the Federal Register notice published on November 28, 2005 (70 FR
71294); available on EEOC's Web site at http://www.eeoc.gov/eeo1/
index.html.
The commenters urged VETS to change the definition of job category
in the final rule to reflect the revised EEO-1 job categories. In
response to these comments, VETS has revised the definition of ``job
category'' in paragraph (b)(3) of the final rule. In addition, during
the course of reviewing the revisions made to EEO-1 job categories we
noted that the definition of ``employee'' in proposed paragraph (b)(2)
was consistent with the definition of ``employee'' used in the 2006
EEO-1 Report, but did not track the definition of that term found in
the EEO-1 Report for 2007. Accordingly, in the final rule, the
definition of ``employee'' in paragraph (b)(2) has been revised to
conform to the definition of ``employee'' adopted in the revised EEO-1
Report. Finally, VETS added clarifying language to the definitions for
the terms ``disabled veteran'' in paragraph (b)(4) and ``recently
separated veteran'' in paragraph (b)(7) to indicate that the reporting
requirements under VEVRAA apply to veterans of the United States armed
forces, as opposed to veterans of the armed forces of other nations.
The definitions for the terms ``other protected veteran'' in paragraph
(b)(5) and ``Armed Forces service medal veteran'' in paragraph (b)(8)
already contain this clarification.
The remaining definitions in Sec. 61-300.2 have been adopted in
the final rule as proposed.
Section 61-300.10 What reporting requirements apply to Federal
contractors and subcontractors, and what specific wording must the
reporting requirements contract clause contain?
This section is identical to existing Sec. 61-250.10 except for
updates necessary to implement the JVA. Section 61-300.10 sets forth
the reporting requirements clause that is to be included in each
covered Government contract or subcontract (and modifications,
renewals, or extensions thereof if not included in the original
contract). Paragraph (a)(1) states that covered contractors and
subcontractors agree to report at least annually the total number of
employees who are disabled veterans, other protected veterans, Armed
Forces service medal veterans, and recently separated veterans.
Paragraph (a)(1) differs from the parallel provision of part 61-250 in
that the word ``total'' has been added to clarify that the report must
reflect the total number of employees in the workforce of the
contractor.
Paragraph (b) provides that the required information on veterans'
employment is to be reported by completing the VETS-100A Report form.
Paragraph (c), which prescribes the date for filing a VETS-100A Report,
is the same as the parallel provision in Sec. 61-250.10 except for
editing to improve readability and designating the name of the report
as ``VETS-100A Report.''
Paragraphs (d) and (e) are identical to the parallel provisions in
Sec. 61.250.10, except that this section references the ``VETS-100A
Report.'' Paragraph (d) addresses the dates of the reporting period,
and paragraph (e) discusses the methods contractors may use to acquire
information about the veterans status of their employees.
No comments were received on this section. Accordingly, the final
rule adopts Sec. 61-300.10 as proposed.
Section 61-300.11 On what form must the data required by this part be
submitted?
This section states that the data on veterans employment specified
in the reporting requirements clause set forth in Sec. 61-250.10 must
be reported on the VETS-100A Report. A major difference between this
section and existing Sec. 61-250.11 involves the instructions for
completing the report. Some instructions for completing the VETS-100
Report are located in the regulations (Sec. 61-250.11) and additional
instructions are located in the VETS-100 Report form (Appendix A.) The
instructions for completing the VETS-100A Report are provided only in
Appendix A (discussed below), and not in the regulations. Paragraph (a)
provides that a copy of the VETS-100A Report and instructions may be
found in Appendix A.
Another difference between this section and existing Sec. 61-
250.11 is that paragraph (a) states that the report is ``provided''
annually to contractors who are included in the VETS-100 database,
while existing Sec. 61-250.11(a) states that the VETS-100 Report is
``mailed'' annually to contractors who are included in the VETS-100
database. The use of the term ``provided'' will allow VETS greater
flexibility in distribution format of the VETS-100A Report. Paragraph
(a) also states that VETS' failure to provide a contractor with a VETS-
100A Report does not excuse a contractor from the requirement of
submitting a VETS-100A Report.
Paragraph (b) is identical to paragraph (b) in existing Sec. 61-
250.11.
Paragraph (c) contains the same information found in existing
paragraph (c) of existing Sec. 61-250.11(c), however, the text has
been simplified in accordance with plain language principles.
Paragraphs (d) and (e) are also identical to the parallel provisions in
Sec. 61-250.11, except that an updated Internet address has been
provided for requesting copies of the VETS-100A Report form.
Section 61-300.11 is adopted in the final rule without change.
Section 61-300.20 How will DOL determine whether a contractor or
subcontractor is complying with the requirements of this part?
This section is identical to existing Sec. 61-250.20. No comments
were received on this section. Accordingly, it is adopted in the final
rule as proposed.
Section 61-300.99 What is the OMB control number for this part?
This section has been revised in the final rule to indicate that
OMB has assigned Control Number 1293-0005 to the information collection
requirements of this part.
Appendix A to Part 61-300--Federal Contractor Veterans' Employment
Report VETS-100A
Appendix A contains the VETS-100A Report form as well as the
instructions for completing the report form. Appendix A to the final
rule differs substantially from Appendix A to the existing part 61-250
regulations. A section-by-section description of those differences was
provided in the NPRM's preamble discussion of Appendix A. As was
previously mentioned, a major difference between the two Appendices is
that all the instructions for completing the VETS-100A Report form are
set forth in Appendix A to part 61-300, while the instructions for
completing the VETS-100 Report are found in both Sec. 61-250.11 and
Appendix A to part 61-250. Other differences between Appendix A to the
final rule and Appendix A to the existing part 61-250 regulations
reflect the changes made by JVA to the contract coverage threshold and
the categories of covered veterans.
VETS received a few comments on Appendix A. One commenter noted
that the VETS-100A Report contained the category ``newly separated
veterans'' while the term used in the statute and the part 61-300
regulations is ``recently separated veterans.'' VETS has corrected this
error in the final rule. Other comments recommended several minor
[[Page 28715]]
technical corrections to the VETS-100A Report form, which have been
incorporated in the final rule.
In addition, VETS revised proposed Appendix A to reflect the
changes made to Sec. 61-300.1(a) and Sec. 61-300.2 in response to the
public comments. Thus, in the instructions regarding ``Who must file''
and ``How to prepare forms'' VETS clarified that modification of an
otherwise covered contract on or after December 1, 2003, will mean that
the contractor must comply with the VETS-100A Report requirements of 41
CFR part 61-300, and not the VETS-100 Report requirements of 41 CFR
part 61-250. Further, the definition of ``job categories'' set forth in
the instructions has been changed to reflect the job categories adopted
in the revised EEO-1 Report, and the revised EEO-1 job categories have
been added to the VETS-100A Report form set forth in Appendix A.
Regulatory Procedures
Paperwork Reduction Act
This final rule contains information collection requirements that
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (PRA). This final rule adopts
a new set of regulations to implement the JVA amendments to the
reporting requirements under VEVRAA, and is applicable to covered
Government contracts entered into or modified on or after December 1,
2003. The information collection in this final rule relates to the
requirement under the JVA amendments that contractors track and report
annually the number of new hires and incumbent employees, by job
category and hiring location, who are disabled veterans, other
protected veterans, Armed Forces service medal veterans, and recently
separated veterans (within three years from the date of discharge or
release from active duty). This final rule adopts a new form titled the
``Federal Contractor Veterans'' Employment Report VETS-100A Report''
(``VETS-100A Report'') for reporting the information on veterans'
employment required by the JVA amendments.
This final rule impacts the information collection request for the
Federal Contractor Veterans' Employment Report VETS-100 (``VETS-100
Report'') that is currently approved under OMB No. 1293-0005. The
existing regulations in 41 CFR part 61-250, which apply to covered
contracts of $25,000 or more entered into before December 1, 2003,
require contractors to use the VETS-100 Report for reporting
information on the number of new hires and incumbent employees who are
special disabled veterans, veterans of the Vietnam era, other protected
veterans, and recently separated veterans (within one year from the
date of discharge or release from active duty). Some contractors with
Government contracts that were entered into before December 1, 2003,
are still subject to the VETS-100 reporting requirement in 41 CFR part
61-250. Therefore, VETS has determined that it will be necessary to
maintain two sets of regulations to implement the reporting
requirements under VEVRAA, and use two different forms for providing
the required information on the employment of covered veterans.
On October 2, 2007, VETS issued a Federal Register notice (72 FR
56103) providing a 60-day public comment period under the Paperwork
Reduction Act (PRA) on its proposal to revise the currently approved
information collection request for the VETS-100 Report to include the
VETS-100A Report. In the Federal Register notice, VETS invited the
public to comment on: (1) Whether the proposed collection of
information is necessary to the proper performance of the agency,
including whether the information will have practical utility; (2) the
accuracy of agency's estimate of the burden of the proposed collection,
including the validity of the methodology and assumptions used; (3)
ways to enhance the quality, utility, and clarity of the information
collected; and (4) ways to minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques, or other forms of information technology.
One comment was received in response to the 60-day notice from the
management consulting firm specializing in human resources that also
submitted comments in response to the NPRM. The consulting firm again
asserted that the proposed regulations ``would place an enormous burden
on contractors'' by requiring those contractors that have contracts
dated prior to December 1, 2003, and contracts dated after that date,
to file both the VETS-100 Report and the VETS-100A Report. The
consulting firm maintained that the lack of correlation between the two
reports places great burden on contractors to collect and maintain two
sets of data.
VETS appreciates the burdens imposed on those contractors that are
required to file both the VETS-100 and the VETS-100A Reports, but the
agency is constrained to carry out the provisions of the statute.
However, as previously explained in the preamble, VETS estimates that
only a small percentage of contractors will be required to file both
reports. Because a contract modification is a ``Government contract,''
modification of a contract that otherwise would be covered under the
JVA amendments but for the date the contract was entered into renders
the contract subject to the VETS-100A reporting requirements, rather
than the VETS-100 reporting requirements. Consequently, VETS estimates
that the vast majority of contractors (80%) will file either the VETS-
100 Report or the VETS-100A Report, but not both.
The consulting firm also argued that it is burdensome for
contractors to report on the VETS-100A Report the total number of
employees in the workforce, when there is no such requirement under the
VETS-100 Report. The JVA amendments to VEVRAA require that contractors
report on the total number of employees in their workforces by job
category and hiring location, and the VETS-100A merely implements the
statutory requirement. The VETS-100 Report implements the reporting
requirements prior to amendment by the JVA, which did not call for
contractors to report on their total employment. Further, the
consulting firm asserted that the proposed regulations do not provide
clear guidance on what contractors are obligated to do to comply with
the proposed new regulations. However, VETS maintains that the final
regulations and the instructions for completing the VETS-100A Report
adequately explain what is required for reporting on veterans'
employment. VETS will provide additional technical support through the
http://www.VETS100.com Web site to further assist contractors in
understanding the reporting requirements.
Finally, the consulting firm maintained that the Department
``substantially underestimated'' the time and costs for contractors
required to comply with reporting requirements of two sets of
regulations. We disagree. The consulting firm seemed to believe that
most contractors will have to file both the VETS-100 and VETS-100A
Reports, but as explained above, VETS estimates that fewer contractors
will be subject to filing both the VETS-100 and the VETS-100A Reports
than the consulting firm's comment suggests. Further, that number will
decrease as the contracts entered into before December 1, 2003, are
either completed or modified.
On February 15, 2008, VETS submitted the information collection
[[Page 28716]]
request for the VETS-100 and the VETS-100A Reports to the Office of
Management and Budget (OMB) for review and clearance in accordance with
the PRA. VETS also published a notice in the Federal Register (73 FR
8905, February 15, 2008) advising the public the information collection
request for the VETS-100 and VETS-100A Reports had been submitted to
OMB, and inviting the public to submit comments within 30 days. In its
final submission to OMB, VETS estimated that a total of 264,000 reports
will be filed annually and that the total annual filing burden will be
156,000 hours. On April 23, 2008, OMB approved the information
collection request for the VETS-100 Report and the VETS-100A Report
under OMB Control Number 1293-0005.
Executive Order 12866
The Department is issuing this final rule in conformance with
Executive Order 12866, section 1(b), Principles of Regulation. The
Department has determined that this rule is a ``significant regulatory
action'' under Executive Order 12866, section 3(f), Regulatory Planning
and Review, but is not economically significant as defined in section
3(f)(1). Therefore, the information enumerated in section 6(a)(3)(C) of
the order is not required. Pursuant to Executive Order 12866, this rule
has been reviewed by the Office of Management and Budget.
Unfunded Mandates
Executive Order 12875--This rule will not create an unfunded
Federal Mandate upon any State, local, or tribal government.
Unfunded Mandate Reform Act of 1995--This rule does not include any
Federal mandate that may result in increased expenditures by State,
local and tribal governments in the aggregate of $100 million or more,
or increased expenditures by the private sector of $100 million or
more.
Executive Order 13132, Federalism
The Department has reviewed this rule in accordance with Executive
Order 13132 regarding federalism, and has determined that it does not
have ``federalism implications.'' This rule does not ``have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Regulatory Flexibility Act
This rule does not substantively change existing reporting
requirements for Federal contractors. Therefore, the Department
concludes that this rule will not have a significant economic impact on
a substantial number of small entities. The Secretary has certified to
the Chief Counsel for Advocacy of the Small Business Administration to
this effect. Therefore, a regulatory flexibility analysis under the
Regulatory Flexibility Act is not required.
List of Subjects in 41 CFR Part 61-300
Government contracts, Reporting and recordkeeping requirements,
Veterans.
Signed at Washington, DC, this 12th day of May, 2008.
John M. McWilliam,
Deputy Assistant Secretary of Labor for Veterans' Employment and
Training Service.
0
Accordingly, for the reasons stated in the preamble, Chapter 61 of
Title 41 of the Code of Federal Regulations is amended by adding part
61-300 to read as follows:
PART 61-300--ANNUAL REPORT FROM FEDERAL CONTRACTORS
Sec.
61-300.1 What are the purpose and scope of this part?
61-300.2 What definitions apply to this part?
61-300.10 What reporting requirements apply to Federal contractors
and subcontractors, and what specific wording must the reporting
requirements contract clause contain?
61-300.11 On what form must the data required by this part be
submitted?
61-300.20 How will DOL determine whether a contractor or
subcontractor is complying with the requirements of this part?
61-300.99 What is the OMB control number for this part?
Appendix A to Part 61-300--Federal Contractor Veterans' Employment
Report VETS-100A
Authority: 38 U.S.C. 4211 and 4212.
Sec. 61-300.1 What are the purpose and scope of this part?
(a) This part 61-300 implements 38 U.S.C. 4212(d) as amended by the
Jobs for Veterans Act. Each contractor or subcontractor who enters into
or modifies a contract or subcontract on or after December 1, 2003, in
the amount of $100,000 or more with any department or agency of the
United States for the procurement of personal property and non-personal
services (including construction), and who is subject to 38 U.S.C.
4212(a), must submit a report according to the requirements of part 61-
300. Any contractor or subcontractor whose only contract with any
department or agency of the United States for the procurement of
personal property and non-personal services (including construction)
was entered into before December 1, 2003 (and not modified as described
above) must follow part 61-250 implementing 38 U.S.C. 4212(d). Any
contractor or subcontractor who has both a contract subject to part 61-
250 and a contract subject to part 61-300 is required to file both the
VETS-100 Report and the VETS-100A Report.
(b) Notwithstanding the regulations in this part, the regulations
at 41 CFR part 60-300, administered by OFCCP continue to apply to
contractors' and subcontractors' affirmative action obligations
regarding veterans.
(c) Reporting requirements of this part regarding veterans will be
deemed waived in those instances in which the Deputy Assistant
Secretary, OFCCP, has granted a waiver under 41 CFR 60-300.4(b)(1), or
has concurred in the granting of a waiver under 41 CFR 60-300.4(b)(3),
from compliance with all the terms of the equal opportunity clause for
those establishments not involved in Government contract work. Where
OFCCP grants only a partial waiver, compliance with these reporting
requirements regarding veterans will be required.
(d) 41 CFR 60-300.42 and Appendix B to part 60-300 provide guidance
concerning the affirmative action obligations of Federal contractors
and subcontractors toward applicants for employment who are qualified
covered veterans.
Sec. 61-300.2 What definitions apply to this part?
(a) For the purposes of this part, and unless otherwise indicated
in paragraph (b) of this section, the terms set forth in this part have
the same meaning as those set forth in 41 CFR part 60-300.
(b) For purposes of this part:
(1) Hiring location (this definition is identical to establishment
as defined by the instructions for completing Employer Information
Report EEO-1, Standard Form 100 (EEO-1 Report)) means an economic unit
which produces goods or services, such as a factory, office, store, or
mine. In most instances the establishment is at a single physical
location and is engaged in one, or predominantly one, type of economic
activity. Units at different locations, even though engaged in the same
kind of business operation, should be reported as separate
establishments. For locations involving construction, transportation,
communications, electric, gas, and sanitary services, oil and gas
fields, and similar types of physically dispersed industrial
activities, however, it is not necessary to list separately each
individual site,
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project, field, line, etc., unless it is treated by the contractor as a
separate legal entity. For these physically dispersed activities, list
as establishments only those relatively permanent main or branch
offices, terminals, stations, etc., which are either:
(i) Directly responsible for supervising such dispersed activities;
or
(ii) The base from which personnel and equipment operate to carry
out these activities. (Where these dispersed activities cross State
lines, at least one such establishment should be listed for each State
involved.)
(2) Employee means any individual on the payroll of an employer who
is an employee for purposes of the employer's withholding of Social
Security taxes except insurance sales agents who are considered to be
employees for such purposes solely because of the provisions of 26
U.S.C. 3121(d)(3)(B) (the Internal Revenue Code). Leased employees are
included in this definition. Leased employee means a permanent employee
provided by an employment agency for a fee to an outside company for
which the employment agency handles all personnel tasks including
payroll, staffing, benefit payments and compliance reporting. The
employment agency shall, therefore, include leased employees in its
VETS-100A Report. The term employee shall not include persons who are
hired on a casual basis for a specified time, or for the duration of a
specified job (for example, persons at a construction site whose
employment relationship is expected to terminate with the end of the
employee's work at the site); persons temporarily employed in any
industry other than construction, such as temporary office workers,
mariners, stevedores, lumber yard workers, etc., who are hired through
a hiring hall or other referral arrangement, through an employee
contractor or agent, or by some individual hiring arrangement, or
persons (except leased employees) on the payroll of an employment
agency who are referred by such agency for work to be performed on the
premises of another employer under that employer's direction and
control.
(3) Job category means any of the following: Officials and managers
(Executive/Senior Level Officials and Managers and First/Mid Level
Officials and Managers), professionals, technicians, sales workers,
administrative support workers, craft workers, operatives, laborers and
helpers, and service workers, as required by the Employer Information
Report EEO-1, Standard Form 100 (EEO-1 Report), as follows:
(i) Officials and managers as a whole is to be divided into the
following two subcategories: Executive/Senior Level Officials and
Managers and First/Mid Level Officials and Managers.
(A) Executive/Senior Level Officials and Managers means individuals
who plan, direct and formulate policies, set strategy and provide the
overall direction of enterprises/organizations for the development and
delivery of products and services, within the parameters approved by
boards of directors of other governing bodies. Residing in the highest
levels of organizations, these executives plan, direct, or coordinate
activities with the support of subordinate executives and staff
managers. They include, in larger organizations, those individuals
within two reporting levels of the CEO, whose responsibilities require
frequent interaction with the CEO. Examples of these kinds of managers
are: Chief executive officers, chief operating officers, chief
financial officers, line of business heads, presidents or executive
vice presidents of functional areas or operating groups, chief
information officers, chief human resources officers, chief marketing
officers, chief legal officers, management directors and managing
partners.
(B) First/Mid Level Officials and Managers means individuals who
serve as managers, other than those who serve as Executive/Senior Level
Officials and Managers, including those who oversee and direct the
delivery of products, services or functions at group, regional or
divisional levels of organizations. These managers receive directions
from Executive/Senior Level management and typically lead major
business units. They implement policies, programs and directives of
Executive/Senior Level management through subordinate managers and
within the parameters set by Executives/Senior Level management.
Examples of these kinds of managers are: Vice presidents and directors;
group, regional or divisional controllers; treasurers; and human
resources, information systems, marketing, and operations managers. The
First/Mid Level Officials and Managers subcategory also includes those
who report directly to middle managers. These individuals serve at
functional, line of business segment or branch levels and are
responsible for directing and executing the day-to-day operational
objectives of enterprises/organizations, conveying the directions of
higher level officials and managers to subordinate personnel and, in
some instances, directly supervising the activities of exempt and non-
exempt personnel. Examples of these kinds of managers are: First-line
managers; team managers; unit managers; operations and production
managers; branch managers; administrative services managers; purchasing
and transportation managers; storage and distribution managers; call
center or customer service managers; technical support managers; and
brand or product managers.
(ii) Professionals means individuals in positions that require
bachelor and graduate degrees, and/or professional certification. In
some instances, comparable experience may establish a person's
qualifications. Examples of these kinds of positions include:
Accountants and auditors; airplane pilots and flight engineers;
architects; artists; chemists; computer programmers; designers;
dieticians; editors; engineers; lawyers; librarians; mathematical
scientists; natural scientists; registered nurses; physical scientists;
physicians and surgeons; social scientists; teachers; and surveyors.
(iii) Technicians means individuals in positions that include
activities requiring applied scientific skills, usually obtained by
post secondary education of varying lengths, depending on the
particular occupation, recognizing that in some instances additional
training, certification, or comparable experience is required. Examples
of these types of positions include: Drafters; emergency medical
technicians; chemical technicians; and broadcast and sound engineering
technicians.
(iv) Sales workers means individuals in positions including non-
managerial activities that wholly and primarily involve direct sales.
Examples of these types of positions include: Advertising sales agents;
insurance sales agents; real estate brokers and sales agents; wholesale
sales representatives; securities, commodities, and financial services
sales agents; telemarketers; demonstrators; retail salespersons;
counter and rental clerks; and cashiers.
(v) Administrative support workers means individuals in positions
involving non-managerial tasks providing administrative and support
assistance, primarily in office settings. Examples of these types of
positions include: Office and administrative support workers;
bookkeeping; accounting and auditing clerks; cargo and freight agents;
dispatchers; couriers; data entry keyers; computer operators; shipping,
receiving and traffic clerks; word processors and typists;
[[Page 28718]]
proofreaders; desktop publishers; and general office clerks.
(vi) Craft Workers means individuals in positions that include
higher skilled occupations in construction (building trades craft
workers and their formal apprentices) and natural resource extraction
workers. Examples of these types of positions include: Boilermakers;
brick and stone masons; carpenters; electricians; painters (both
construction and maintenance); glaziers; pipelayers, plumbers,
pipefitters and steamfitters; plasterers; roofers; elevator installers;
earth drillers; derrick operators; oil and gas rotary drill operators;
and blasters and explosive workers. This category also includes
occupations related to the installation, maintenance and part
replacement of equipment, machines and tools, such as: Automotive
mechanics; aircraft mechanics; and electric and electronic equipment
repairers. This category also includes some production occupations that
are distinguished by the high degree of skill and precision required to
perform them, based on clearly defined task specifications, such as:
Millwrights; etchers and engravers; tool and die makers; and pattern
makers.
(vii) Operatives means individuals in intermediate skilled
occupations and includes workers who operate machines or factory-
related processing equipment. Most of these occupations do not usually
require more than several months of training. Examples include: Textile
machine workers; laundry and dry cleaning workers; photographic process
workers; weaving machine operators; electrical and electronic equipment
assemblers; semiconductor processors; testers, graders and sorters;
bakers; and butchers and other meat, poultry and fish processing
workers. This category also includes occupations of generally
intermediate skill levels that are concerned with operating and
controlling equipment to facilitate the movement of people or
materials, such as: Bridge and lock tenders; truck, bus or taxi
drivers; industrial truck and tractor (forklift) operators; parking lot
attendants; sailors; conveyor operators; and hand packers and
packagers.
(viii) Laborers and Helpers means individuals with more limited
skills who require only brief training to perform tasks that require
little or no independent judgment. Examples include: Production and
construction worker helpers; vehicle and equipment cleaners; laborers;
freight, stock and material movers; service station attendants;
construction laborers; refuse and recyclable materials collectors;
septic tank servicers; and sewer pipe cleaners.
(ix) Service Workers means individuals in positions that include
food service, cleaning service, personal service, and protective
service activities. Skill may be acquired through formal training, job-
related training or direct experience. Examples of food service
positions include: Cooks; bartenders; and other food service workers.
Examples of personal service positions include: Medical assistants and
other healthcare support positions; hairdressers; ushers; and
transportation attendants. Examples of cleaning service positions
include: Cleaners; janitors; and porters. Examples of protective
service positions include: Transit and railroad police and fire
fighters; guards; private detectives and investigators.
(4) Disabled veteran means:
(i) A veteran of the U.S. military, ground, naval or air service
who is entitled to compensation (or who but for the receipt of military
retired pay would be entitled to compensation) under laws administered
by the Secretary of Veterans Affairs, or
(ii) A person who was discharged or released from active duty
because of a service-connected disability.
(5) Other protected veteran means a veteran who served on active
duty in the U.S. military, ground, naval, or air service during a war
or in a campaign or expedition for which a campaign badge has been
authorized under the laws administered by the Department of Defense.
(6) Armed forces service medal veteran means a veteran who, while
serving on active duty in the U.S. military, ground, naval or air
service, participated in a United States military operation for which
an Armed Forces service medal was awarded pursuant to Executive Order
12985 (61 FR 1209, 3 CFR, 1996 Comp., p. 159).
(7) Recently separated veteran means a veteran during the three-
year period beginning on the date of such veteran's discharge or
release from active duty in the U.S. military, ground, naval or air
service.
(8) Covered veteran means a veteran as defined in paragraphs (b)(4)
through (b)(7) of this section.
(9) Qualified means, with respect to an employment position, having
the ability to perform the essential functions of the position with or
without reasonable accommodation for an individual with a disability.
(10) OFCCP means the Office of Federal Contract Compliance
Programs, Employment Standards Administration, U.S. Department of
Labor.
(11) VETS means the Office of the Assistant Secretary for Veterans'
Employment and Training Service, U.S. Department of Labor.
(12) States means each of the several States of the United States,
the District of Columbia, the Virgin Islands, the Commonwealth of
Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, Wake Island, and the Trust Territories of the Pacific
Islands.
(13) NAICS means the North American Industrial Classification
System.
(14) Covered incumbent veteran means a veteran as defined in
paragraphs (b)(4) through (b)(7) of this section who is employed by a
covered contractor.
Sec. 61-300.10 What reporting requirements apply to Federal
contractors and subcontractors, and what specific wording must the
reporting requirements contract clause contain?
Each contractor or subcontractor described in Sec. 61-300.1 must
submit reports in accordance with the following reporting clause, which
must be included in each of its covered government contracts or
subcontracts (and modifications, renewals, or extensions thereof if not
included in the original contract). Such clause is considered as an
addition to the equal opportunity action clause required by 41 CFR 60-
300.5. The reporting requirements clause is as follows:
Employment Reports on Disabled Veterans, Other Protected Veterans,
Armed Forces Service Medal Veterans, and Recently Separated Veterans
(a) The contractor or subcontractor agrees to report at least
annually, as required by the Secretary of Labor, on:
(1) The total number of employees in the workforce of such
contractor or subcontractor, by job category and hiring location,
and the number of such employees by job category and hiring
location, who are disabled veterans, other protected veterans, Armed
Forces service medal veterans, and recently separated veterans;
(2) The total number of new employees hired by the contractor or
subcontractor during the period covered by the report, and of such
employees, the number who are disabled veterans, other protected
veterans, Armed Forces service medal veterans, and recently
separated veterans; and
(3) The maximum number and minimum number of employees of such
contractor or subcontractor at each hiring location during the
period covered by the report.
(b) The above items must be reported by completing the form
entitled ``Federal Contractor Veterans'' Employment Report VETS-
100A.''
(c) VETS-100A Reports must be submitted no later than September
30 of each year following a calendar year in which a contractor or
subcontractor held a covered contract or subcontract.
[[Page 28719]]
(d) The employment activity report required by paragraphs (a)(2)
and (a)(3) of this clause must reflect total new hires and maximum
and minimum number of employees during the 12-month period preceding
the ending date that the contractor selects for the current
employment report required by paragraph (a)(1) of this clause.
Contractors may select an ending date: (1) As of the end of any pay
period during the period July 1 through August 31 of the year the
report is due; or (2) as of December 31, if the contractor has
previous written approval from the Equal Employment Opportunity
Commission to do so for purposes of submitting the Employer
Information Report EEO-1, Standard Form 100 (EEO-1 Report).
(e) The number of veterans reported according to paragraph (a)
above must be based on data known to contractors and subcontractors
when completing their VETS-100A Reports. Contractors' and
subcontractors' knowledge of veterans status may be obtained in a
variety of ways, including, in response to an invitation to
applicants to self-identify in accordance with 41 CFR 60-300.42,
voluntary self-disclosures by covered incumbent veterans, or actual
knowledge of an employee's veteran status by a contractor or
subcontractor. Nothing in this paragraph (e) relieves a contractor
from liability for discrimination under 38 U.S.C. 4212.
Sec. 61-300.11 On what form must the data required by this part be
submitted?
(a) Data items required in paragraph (a) of the contract clause set
forth in Sec. 61-300.10 must be reported for each hiring location on
the VETS-100A Report. This form is provided annually to those
contractors who are included in the VETS-100 database. VETS failure to
provide a contractor with a VETS-100A Report does not excuse the
contractor from the requirement to submit a VETS-100A Report. The form,
and instructions for preparing it, are set forth in Appendix A to 41
CFR part 61-300--Federal Contractor Veterans' Employment Report VETS-
100A and Instructions.
(b) Contractors and subcontractors that submit computer-generated
output for more than 10 hiring locations to satisfy their VETS-100A
reporting obligations must submit the output in the form of an
electronic file. This file must comply with current Department of Labor
specifications for the layout of these records, along with any other
specifications established by the Department for the applicable
reporting year. Contractors and subcontractors that submit VETS-100A
Reports for 10 locations or less are exempt from this requirement, but
are strongly encouraged to submit an electronic file. In these cases,
state consolidated reports count as one location each.
(c) VETS-100A Reports must be submitted no later than September 30
of each year following a calendar year in which a contractor or
subcontractor held a covered contract or subcontract.
(d) VETS or its designee will use all available information to
distribute the required forms to contractors identified as subject to
the requirements of this part.
(e) It is the responsibility of each contractor or subcontractor to
obtain necessary supplies of the VETS-100A Report before the annual
September 30 filing deadline. Contractors and subcontractors who do not
receive forms should request them in time to meet the deadline. VETS-
100A Report forms may be obtained by mailing a request to: Office of
the Assistant Secretary for Veterans' Employment and Training, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210, Attn: VETS-100A Report Form Request; or on the Internet at the
Internet address http://vets.dol.gov/vets100/vets100login.htm.
Sec. 61-300.20 How will DOL determine whether a contractor or
subcontractor is complying with the requirements of this part?
During the course of a compliance evaluation, OFCCP may determine
whether a contractor or subcontractor has submitted its report as
required by this part.
Sec. 61-300.99 What is the OMB control number for this part?
Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
and its implementing regulations at 5 CFR part 1320, the Office of
Management and Budget has assigned Control No. 1293-0005 to the
information collection requirements of this part.
Appendix A to Part 61-300--Federal Contractor Veterans' Employment
Report Vets-100A
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