VETS Final Rules

Veterans' Employment and Training Service   [11/5/2008]
[PDF]
FR Doc E8-26185
[Federal Register: November 5, 2008 (Volume 73, Number 215)]
[Rules and Regulations]               
[Page 65766-65775]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05no08-7]                         

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DEPARTMENT OF LABOR

Veterans' Employment and Training Service

41 CFR Part 61-250

RIN 1293-AA16

 
Annual Report From Federal Contractors

AGENCY: Veterans' Employment and Training Service (VETS), Labor.

ACTION: Final Rule.

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SUMMARY: This final rule revises the regulations in 41 CFR Part 61-250 
implementing the requirement under the Vietnam Era Veterans' 
Readjustment Assistance Act of 1974, as amended, (``VEVRAA'') that 
Government contractors track and annually report the number of 
employees in their workforces who are veterans covered under the law. 
Today's final rule revises the regulations in 41 CFR Part 61-250 to 
incorporate the amendment to VEVRAA made by the Veterans' Benefit and 
Health Care Improvement Act of 2000 (``VBHCIA''). The VBHCIA amendment 
extended the protections of VEVRAA to a category of veterans called 
``recently separated veterans.'' In addition, the final rule published 
today clarifies that the regulations in 41 CFR Part 61-250 implement 
the reporting requirements under VEVRAA prior to their amendment in 
2002 by the Jobs for Veterans Act (``JVA''), and apply to Government 
contracts entered into before December 1, 2003. The final rule also 
makes clear that the regulations in 41 CFR Part 61-300 implementing the 
JVA amendments to VEVRAA's reporting requirements, apply if a contract 
entered into before December 1, 2003, is modified on or after that date 
and the contract as modified is for $100,000 or more.

DATES: These regulations are effective December 5, 2008.

FOR FURTHER INFORMATION CONTACT: Robert Wilson, Chief, Compliance and 
Investigations Division, Veterans' Employment and Training Service, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Room S-1312, 
Washington, DC 20210, Wilson.Robert2@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, as 
amended, (``VEVRAA''), 38 U.S.C. 4212(d), requires that Federal 
contractors report annually to the Secretary of Labor the number of 
employees and new hires that belong to the categories of veterans 
protected under the statute. The Veterans' Employment and Training 
Service (VETS) has promulgated two sets of regulations to implement the 
reporting requirements under VEVRAA. The regulations in 41 CFR Part 61-
250 implement the reporting requirements under VEVRAA prior to the 
amendments made by the JVA in 2002, and apply to Government contracts 
of $25,000 or more that were entered into before December 1, 2003. The 
regulations in part 61-250 require contractors to use the VETS-100 
Report form to provide information on the number of covered veterans in 
their workforces.
    The recently published regulations in 41 CFR Part 61-300 implement 
the JVA amendments to the reporting requirements under VEVRAA (73 FR 
28710, May 19, 2008), and apply to contracts entered into or modified 
on/or after December 1, 2003. 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. In addition, 
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. The regulations in part 61-
300 require contractors to use the VETS-100A Report form to provide the 
required information on their employment of covered veterans.
    Today's final rule revises the part 61-250 regulations to 
incorporate the amendment to VEVRAA that was made by the Veterans' 
Benefit and Health Care Improvement Act of 2000 (VBHCIA). Prior to 
amendment by the VBHCIA, VEVRAA required contractors with a contract of 
$25,000 or more to report at least annually to the Secretary the number 
of employees, by job category and hiring location, who are ``special 
disabled veterans, veterans of the Vietnam era, and other protected

[[Page 65767]]

veterans who served on active duty during a war or in a campaign or 
expedition for which a campaign badge has been authorized.'' The VBHCIA 
extended the protections of VEVRAA to a new category of veterans called 
``recently separated veterans.'' Under the VBHCIA, ``recently separated 
veteran'' is defined as ``any veteran during the one-year period 
beginning on the date of such veteran's discharge or release from 
active duty.'' (The JVA amendments expanded coverage of recently 
separated veterans from one to three years after discharge or release 
from active duty to three years.) In addition, the final rule clarifies 
that the regulations in 41 CFR Part 61-250 apply to any contract or 
subcontract of at least $25,000 entered into before December 1, 2003, 
and that the regulations in 41 CFR Part 61-300, not the part 61-250 
regulations, apply to such a contract if it is modified on or after 
December 1, 2003 and the contract as modified is for $100,000 or more. 
This clarification will assist contractors in determining whether the 
reporting requirements in 41 CFR Part 61-250 and/or the reporting 
requirements in 41 CFR Part 61-300 apply to their contracts.
    The changes made by the final rule are discussed in the Section-by-
Section Analysis. The sections of the 41 CFR Part 61-250 regulations 
that have not been changed are not discussed in the preamble.

Section-by-Section Analysis of Comments and Revisions

Section 61-250.1 What are the purpose and scope of this part?

    This section outlines the purpose and scope of the regulations. The 
final rule adds the date to the statutory citation in paragraph (a) to 
indicate that the regulations in 41 CFR Part 61-250 implement the 
reporting requirements in 38 U.S.C. 4212(d) prior to their amendment in 
2002 by the JVA. In addition, the final rule adds language to paragraph 
(a) to clarify that the reporting requirements in Sec.  61-250.10 apply 
to any contract of $25,000 or more entered into before December 1, 
2003, and that the reporting requirements in Sec.  61-300.10 apply to 
such a contract if it is modified on or after December 1, 2003, and the 
contract as modified is for $100,000 or more.
    Further, the final rule adds language to paragraphs (b) and (d) 
stating that the regulations in 41 CFR Part 60-250 administered by the 
Office of Federal Contract Compliance Programs apply to a contract of 
at least $25,000 entered into before December 1, 2003 (and not modified 
as described in paragraph (a) of this section).

Section 61-250.2 What definitions apply to this part?

    The final rule amends Sec.  61.250.2(b) by adding a new paragraph 
(7) setting forth the definition of ``recently separated veteran'' 
specified in the VBHCIA and by renumbering the remaining paragraphs in 
this section.

Section 61-250.10 What reporting requirements apply to Federal 
contractors and subcontractors, and what specific wording must the 
reporting requirements contract clause contain?

    The final rule amends Sec.  61-250.10 by adding ``recently 
separated veterans'' to the clause heading and to paragraphs (a)(1) and 
(2) of the clause.

Section 61-250.11 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-100 Report.
    The final rule replaces ``mailed'' with ``provided'' in paragraph 
(a) to allow VETS the flexibility to distribute the form 
electronically. This change also would allow VETS to use the same 
distribution methods under both sets of regulations. In addition, the 
final rule revises the instructions for preparing the VETS-100 Report 
set forth in Sec.  61-250.11 to conform to the instructions found on 
the VETS-100 Report form that is currently approved for use under OMB 
Control No. 1293-0005.

Regulatory Procedures

Publication in Final

    VETS has determined that this rulemaking need not be published as a 
proposed rule, as generally required by the Administrative Procedure 
Act, 5 U.S.C. 553 (``APA''). The final rule amends the regulations in 
41 CFR Part 61-250 to include ``recently separated veterans'' as one of 
the categories of covered veterans. In this regard, the final rule 
merely incorporates the VBHCIA changes to the categories of veterans 
covered under VEVRAA.
    In addition, the final rule amends 41 CFR 61-250.1(a) to clarify 
the scope and applicability of the reporting requirements of the 
regulations in 41 CFR Part 61-250 and the regulations in 41 CFR Part 
61-300. The JVA amendments were made applicable only to Government 
contracts entered into or modified on or after December 1, 2003. The 
definitions relevant to contract coverage under 41 CFR Part 61-250 are 
those contained in 41 CFR 60-250.2. The term ``Government contract'' is 
defined in existing 41 CFR 60-250.2(i) as ``any agreement or 
modification thereof between any contracting agency and any person for 
the purchase, sale or use of personal property or non-personal services 
(including construction).'' Because a contract modification is a 
``Government contract'' the JVA amendments apply to modifications of 
otherwise covered contracts made on or after December 1, 2003. 
Consequently, the regulation at 41 CFR 61-250.1(a) provides that the 
contractor must comply with the reporting requirements in 41 CFR 61-
300.10, and not 41 CFR 61-250.10, if its contract of $25,000 or more 
entered into before December 1, 2003, is modified on or after that date 
and the contract as modified is for $100,000 or more. In essence, the 
amendment to 41 CFR 61-250.1(a) incorporates the effective date of the 
JVA amendments, which was determined by statute.
    All the amendments to the regulations in 41 CFR Part 61-250 made by 
this final rule track statutory amendments. The Department of Labor may 
not, in response to public comment, change or decline to implement the 
coverage provisions of the VBHCIA amendment or the effective dates of 
the JVA amendments. Consequently, there is good cause for finding that 
applying the notice-and-comment procedure to the amendments to 41 CFR 
Part 61-250 is unnecessary and contrary to the public interest, 
pursuant to Section 553(b)(B) of the APA.

Executive Order 12866

    This final rule has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulation. VETS has 
determined that this rule is not ``a significant regulatory action'' 
under Executive Order 12866, section 3(f). Accordingly, it does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that order.

Executive Order 13132

    VETS reviewed the rule in accordance with Executive Order 13132 
regarding federalism, and determined that it does not have ``federalism 
implications.'' The rule will 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.''

[[Page 65768]]

Regulatory Flexibility Act

    The rule clarifies existing requirements for Federal contractors. 
In view of this fact and because the rule does not substantively change 
existing obligations for Federal contractors, we certify that the rule 
will not have a significant economic impact on a substantial number of 
small business entities. Therefore, a regulatory flexibility analysis 
under the Regulatory Flexibility Act is not required.
Small Business Regulatory Enforcement Fairness Act
    VETS has concluded that the rule is not a ``major'' rule under the 
Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 
801 et seq.). In reaching this conclusion, the OFCCP has determined 
that the rule will not likely result in (1) an annual effect on the 
economy of $100 million or more; (2) a major increase in costs or 
prices for consumers, individual industries, Federal, State or local 
government agencies, or geographic regions; or (3) significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based enterprises to 
compete with foreign-based enterprises in domestic or export markets.

Unfunded Mandates Reform

    Executive Order 12875--This rule does not create an unfunded 
Federal mandate upon any State, local, or tribal government. Unfunded 
Mandates 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.

Congressional Review Act

    This regulation is not a major rule for purposes of the 
Congressional Review Act.

Paperwork Reduction Act

    The information collection requirements contained in the existing 
VEVRAA regulations are currently approved under OMB Control No. 1293-
0005. The currently approved VETS-100 Report form reflects the 
requirements of the VBHCIA amendments, and thus requests information on 
the number of current employees and new hires that are recently 
separated veterans. Accordingly, this final rule does not make any 
changes to the currently approved information collections, and 
therefore need not be reviewed by the Office of Management and Budget 
under the authority of the Paperwork Reduction Act of 1995, 44 U.S.C. 
3501 et seq.

List of Subjects in 41 CFR Part 61-250

    Government contracts, reporting and record keeping requirements, 
Veterans.

    Signed at Washington, DC, on October 29, 2008.
Charles S. Ciccolella,
Assistant Secretary of Labor for Veterans' Employment and Training.

0
Based on the explanation provided by the preamble, VETS is amending 
Chapter 61 of Title 41 of the Code of Federal Regulations by revising 
Part 61-250 to read as follows:

PART 61-250--ANNUAL REPORT FROM FEDERAL CONTRACTORS

Sec.
61-250.1 What are the purpose and scope of this part?
61-250.2 What definitions apply to this part?
61-250.10 What reporting requirements apply to Federal contractors 
and subcontractors, and what specific wording must the reporting 
requirements contract clause contain?
61-250.11 On what form must the data required by this part be 
submitted?
61-250.20 How will DOL determine whether a contractor or 
subcontractor is complying with the requirements of this part?
61-250.99 What is the OMB control number for this part?
Appendix A--Federal Contractor Veterans' Employment Report VETS-100

    Authority: 38 U.S.C. 4211 (2001) and 38 U.S.C. 4212 (2001).


Sec.  61-250.1  What are the purpose and scope of this part?

    (a) This part 61-250 implements 38 U.S.C. 4212(d) (2001). Each 
contractor or subcontractor with a contract in the amount of $25,000 or 
more entered into before December 1, 2003, 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) and the Office of Federal Contract Compliance 
Programs (OFCCP) regulations at 41 CFR Part 60-250, must submit a 
report according to the requirements of Sec.  61-250.10, except that 
the contractor or subcontractor must submit a report according to the 
requirements of Sec.  61-300.10, not Sec.  61-250.10, if such a 
contract is modified on or after December 1, 2003, and the contract as 
modified is in the amount of $100,000 or more.
    (b) Notwithstanding the regulations in this part, the regulations 
at 41 CFR Part 60-250, administered by OFCCP, continue to apply to the 
affirmative action obligations of contractors and subcontractors with 
contracts entered into before December 1, 2003 (and not modified as 
described in paragraph (a) of this section).
    (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 60-250.4(b)(1), or 
has concurred in granting a waiver under 41 CFR 60-250.4(b)(2), 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 60-250.42 and Appendix B to part 60-250 provide guidance 
concerning the affirmative action obligations of Federal contractors 
and subcontractors with contracts entered into before December 1, 2003, 
(and not modified as described in paragraph (a) of this section), with 
respect to applicants for employment who are protected veterans.


Sec.  61-250.2  What definitions apply to this part?

    (a) For 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 set forth in 41 CFR Part 60-250.
    (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, project, field, line, etc., unless it is treated by 
the contractor as a separate legal entity with a separate Employer 
Identification Number (EIN). For these physically dispersed activities, 
list as establishments only those relatively

[[Page 65769]]

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 salespersons who are considered to be 
employees for such purposes solely because of the provisions of section 
3121(d)(3)(B) of the Internal Revenue Code (26 U.S.C.). The term 
employee does not include persons who are hired on a casual basis for a 
specified time, or for the duration of a specified job, and who work on 
remote or scattered sites or locations where it is not practical or 
feasible for the employer to make a visual survey of the work force 
within the report period; for example, persons at a construction site 
whose employment relationship is expected to terminate with the end of 
the employees' work at the site; persons temporarily employed in any 
industry other than construction, such as mariners, stevedores, 
waiters/waitresses, movie extras, agricultural laborers, lumber yard 
workers, etc., who are obtained through a hiring hall or other referral 
arrangement, through an employee contractor or agent, or by some 
individual hiring arrangement; or persons on the payroll of a temporary 
service 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, professionals, technicians, sales workers, office and 
clerical, craft workers (skilled), operatives (semiskilled), laborers 
(unskilled), service workers, as required by the Employer Information 
Report EEO-1, Standard Form 100 (EEO-1 Report), as defined as follows:
    (i) Officials and managers means occupations requiring 
administrative and managerial personnel who set broad policies, 
exercise overall responsibility for execution of these policies, and 
direct individual departments or special phases of a firm's operation. 
Includes: Officials, executives, middle management, plant managers, 
department managers and superintendents, salaried supervisors who are 
members of management, purchasing agents and buyers, railroad 
conductors and yard masters, ship captains and mates (except fishing 
boats), farm operators and managers, and kindred workers.
    (ii) Professionals means occupations requiring either college 
graduation or experience of such kind and amount as to provide a 
background comparable to college education. Includes: Accountants and 
auditors, airplane pilots and navigators, architects, artists, 
chemists, designers, dietitians, editors, engineers, lawyers, 
librarians, mathematicians, natural scientists, registered professional 
nurses, personnel and labor relations specialists, physical scientists, 
physicians, social scientists, surveyors, teachers, and kindred 
workers.
    (iii) Technicians means occupations requiring a combination of 
basic scientific knowledge and manual skill which can be obtained 
through about 2 years of post-high school education, such as is offered 
in many technical institutes and junior colleges, or through equivalent 
on-the-job training. Includes: Computer programmers and operators, 
drafters, engineering aides, junior engineers, mathematical aides, 
licensed, practical or vocational nurses, photographers, radio 
operators, scientific assistants, technical illustrators, technicians 
(medical, dental, electronic, physical science), and kindred workers.
    (iv) Sales means occupations engaging wholly or primarily in direct 
selling. Includes: Advertising agents and sales workers, insurance 
agents and brokers, real estate agents and brokers, stock and bond 
sales workers, demonstrators, sales workers and sales clerks, grocery 
clerks and cashier-checkers, and kindred workers.
    (v) Office and clerical includes all clerical-type work regardless 
of level of difficulty, where the activities are predominantly non-
manual though some manual work not directly involved with altering or 
transporting the products is included. Includes bookkeepers, cashiers, 
collectors (bills and accounts), messengers and office helpers, office 
machine operators, shipping and receiving clerks, stenographers, 
typists and secretaries, telegraph and telephone operators, legal 
assistants, and kindred workers.
    (vi) Craft workers (skilled) means manual workers of relatively 
high skill level having a thorough and comprehensive knowledge of the 
processes involved in their work. These workers exercise considerable 
independent judgment and usually receive an extensive period of 
training. Includes: The building trades, hourly paid supervisors and 
lead operators who are not members of management, mechanics and 
repairers, skilled machining occupations, compositors and typesetters, 
electricians, engravers, job setters (metal), motion picture 
projectionists, pattern and model makers, stationary engineers, 
tailors, arts occupations, hand painters, coaters, decorative workers, 
and kindred workers.
    (vii) Operatives (semiskilled) means workers who operate machine or 
processing equipment or perform other factory-type duties of 
intermediate skill level which can be mastered in a few weeks and 
require only limited training. Includes: Apprentices (auto mechanics, 
plumbers, bricklayers, carpenters, electricians, machinists, mechanics, 
building trades, metalworking trades, printing trades, etc.), 
operatives, attendants (auto service and parking), blasters, 
chauffeurs, delivery workers, dressmakers and sewers (except factory), 
dryers, furnace workers, heaters (metal), laundry and dry cleaning 
operatives, milliners, mine operatives and laborers, motor operators, 
oilers and greasers (except auto), painters (except construction and 
maintenance), photographic process workers, stationary firefighters, 
truck and tractor drivers, weavers (textile), welders and flame 
cutters, electrical and electronic equipment assemblers, butchers and 
meat cutters, inspectors, testers and graders, hand packers and 
packagers, and kindred workers.
    (viii) Laborers (unskilled) means workers in manual occupations 
which generally require no special training to perform elementary 
duties that may be learned in a few days and require the application of 
little or no independent judgment. Includes: garage laborers, car 
washers and greasers, gardeners (except farm) and grounds keepers, 
stevedores, wood choppers, laborers performing lifting, digging, 
mixing, loading and pulling operations, and kindred workers.
    (ix) Service workers means workers in both protective and non-
protective service occupations. Includes: Attendants (hospital and 
other institutions, professional and personal service, including nurses 
aides and orderlies), barbers, char workers and cleaners, cooks (except 
household), counter and fountain workers, elevator operators, 
firefighters and fire protection workers, guards, doorkeepers, 
stewards, janitors, police officers and detectives, porters, servers, 
amusement and recreation facilities attendants, guides, ushers, public 
transportation attendants, and kindred workers.
    (4) Special disabled veteran means:

[[Page 65770]]

    (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 Department of Veterans Affairs for a disability:
    (A) Rated at 30 percent or more, or
    (B) Rated at 10 or 20 percent in the case of a veteran who has been 
determined under 38 U.S.C. 3106 to have a serious employment handicap; 
or
    (ii) A person who was discharged or released from active duty 
because of a service-connected disability.
    (5) Veteran of the Vietnam era means a veteran:
    (i) Who served on active duty in the U.S. military, ground, naval 
or air service for a period of more than 180 days, and who was 
discharged or released there from with other than a dishonorable 
discharge, if any part of such active duty was performed:
    (A) In the Republic of Vietnam between February 28, 1961, and May 
7, 1975, or
    (B) Between August 5, 1964 and May 7, 1975 in any other location; 
or
    (ii) Who was discharged or released from active duty in the U.S. 
military, ground, naval or air service for a service-connected 
disability, if any part of such active duty was performed:
    (A) In the Republic of Vietnam between February 28, 1961, and May 
7, 1975; or
    (B) Between August 5, 1964, and May 7, 1975, in any other location.
    (6) Other protected veteran means any other 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, other than special disabled veterans or veterans of the 
Vietnam era.
    (7) Recently separated veteran means a veteran during the one-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) OFCCP means the Office of Federal Contract Compliance Programs, 
Employment Standards Administration, U.S. Department of Labor.
    (9) VETS means the Office of the Assistant Secretary for Veterans' 
Employment and Training, U.S. Department of Labor.
    (10) 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.
    (11) Eligibility period means the calendar year (January 1 through 
December 31) preceding the year in which the report must be filed. This 
calendar year is the same year in which the contractor received the 
Federal contract.
    (12) NAICS means the North American Industrial Classification 
System.


Sec.  61-250.10  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.  61-250.1 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-
250.5. The reporting requirements clause is as follows:
    Employment Reports on Special Disabled Veterans, Veterans of the 
Vietnam Era, ther Protected 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 number of current employees in each job category and at 
each hiring location who are special disabled veterans, the number who 
are veterans of the Vietnam era, the number who are other protected 
veterans, and the number who are recently separated veterans;
    (2) The total number of new employees hired during the period 
covered by the report, and of that total, the number who are special 
disabled veterans, the number who are veterans of the Vietnam era, the 
number who are other protected veterans, and the number who are 
recently separated veterans; and
    (3) The maximum number and minimum number of employees of such 
contractor 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-100.''
    (c) VETS-100 reports must be submitted no later than September 30 
of each year beginning September 30, 2001. The eligibility period (the 
period during which an employer received a Federal contract) for this 
report and all subsequent reports is the calendar year (January 1 
through December 31) that precedes the year in which the report is 
submitted.
    (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) of 
this clause must be based on data known to contractors and 
subcontractors when completing their VETS-100 Reports. Contractors' and 
subcontractors' knowledge of veteran 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 60-250.42, voluntary self-
disclosures by protected 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. (OMB No. 1293-0005)


Sec.  61-250.11  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.  61-250.10 must be reported for each hiring location on 
the VETS-100 form. This form is provided annually to those contractors 
who are included in the VETS-100 data base. The form, and instructions 
for preparing it, are also set forth as follows:

The Vets-100 Report Form Is Reprinted as Appendix A to

41 CFR Part 61-250

WHO MUST FILE

    This VETS-100 Report is to be completed by all nonexempt federal 
contractors and subcontractors with a contract or subcontract entered 
into before December 1, 2003, in the amount of $25,000 or more with any 
department or agency of the United States for the procurement of 
personal property and non-personal services. Services include but are 
not limited to the following services: utility, construction,

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transportation, research, insurance, and fund depository, irrespective 
of whether the government is the purchaser or seller. Entering into a 
covered federal contract or subcontract during a given calendar year 
establishes the requirement to file a VETS-100 Report during the 
following calendar year. A VETS-100A Report is to be completed by all 
nonexempt federal contractors and subcontractors whose only contract or 
subcontract with any department or agency of the United States for the 
procurement of personal property and non-personal services (including 
construction) was entered into or modified on or after December 1, 
2003.

WHEN TO FILE

    This annual report must be filed no later than September 30. Mail 
to the address pre-printed on the front of the form.

LEGAL BASIS FOR REPORTING REQUIREMENTS

    Title 38, United States Code, Section 4212(d) and PL 105-339, 
requires that federal contractors report at least annually the numbers 
of existing employees who are: (1) Special disabled veterans, (2) 
veterans of the Vietnam era, and (3) other protected veterans (that is, 
who served on active duty during a war or in a campaign or expedition 
for which a campaign badge has been authorized). For the existing 
employees, the numbers of veterans within these three groups are to be 
broken out by job category. New hires are to be reported over a twelve-
month reporting period. The total number of veteran new hires in each 
of the three groups above is to be reported, along with the total 
number of recently separated veterans (i.e., hired within twelve months 
of separation). In addition, over the same twelve-month period, the 
total number of new hires, both veterans and non-veterans, is required 
to be reported, along with the minimum and maximum total employment. 
This reporting is required by hiring location.

HOW TO SUBMIT THE VETS-100 REPORT

    Single-establishment employers must file one completed form. All 
multi-establishment employers, i.e., those doing business at more than 
one hiring location, must file (A) one form covering the principal or 
headquarters office: (B) A separate form for each hiring location 
employing 50 or more persons: and (C) EITHER, (I) a separate form for 
each hiring location employing fewer than 50 persons, OR (ii) 
consolidated reports that cover hiring locations within one State that 
have fewer than 50 employees. Each state consolidated report must also 
list the name and address of the hiring locations covered by the 
report. Company consolidated reports such as those required by EEO-1 
reporting procedures are NOT required for the VETS-100 Report. 
Completed reports for the headquarters location and all other hiring 
locations for each company should be mailed in one package to the 
address indicated on the front of the form.

RECORDKEEPING

    Employers must keep copies of the completed annual VETS-100 Report 
submitted to DOL for a period of three years.

HOW TO PREPARE THE FORMS

    Multi-establishment employers submitting hard copy reports should 
produce facsimile copies of the headquarters form for reporting data on 
each location.
    Type of Reporting Organization: Indicate the type of contractual 
relationship (prime contractor or subcontractor) that the organization 
has with the Federal Government. If the organization serves as both a 
prime contractor and a subcontractor on various federal contracts, 
check both boxes.
    Type of Form: If a reporting organization submits only one VETS-100 
Report form for a single location, check the Single Establishment box. 
If the reporting organization submits more than one form, only one form 
should be checked as Multiple Establishment-Headquarters. The remaining 
forms should be checked as either Multiple Establishment-Hiring 
Location or Multiple Establishment-State Consolidated. For state 
consolidated forms, the number of hiring locations included in that 
report should be entered in the space provided. For each form, only one 
box should be checked within this block.

COMPANY IDENTIFICATION INFORMATION

    Company Number: Do not change the Company Number that is printed on 
the form. If there are any questions regarding your Company Number, 
please call the VETS-100 staff at (301) 306-6752 or e-mail 
HELPDESK@VETS100.COM.
    Twelve Month Period Ending: Enter the end date for the twelve-month 
reporting period used as the basis for filing the VETS-100 Report. To 
determine this period, select a date in the current year between July 1 
and August 31 that represents the end of a payroll period. That payroll 
period will be the basis for reporting Number of Employees, as 
described below. Then the twelve-month period preceding the end date of 
that payroll period will be your twelve-month period covered. This 
period is the basis for reporting New Hires, as described below. Any 
federal contractor or subcontractor who has written approval from the 
Equal Employment Opportunity Commission to use December 31 as the 
ending date for the EEO-1 Report may also use that date as the ending 
date for the payroll period selected for the VETS-100 Report.
    Name and Address for Single Establishment Employers: COMPLETE the 
identifying information under the Parent Company name and address 
section. LEAVE BLANK all of the identifying information for the Hiring 
Location.
    Name and Address for Multi Establishment Employers: For parent 
company headquarters location, COMPLETE the name and address for the 
parent company headquarters, LEAVE BLANK the name and address of the 
Hiring Location. For hiring locations of a parent company, COMPLETE the 
name and address for the Parent Company location, COMPLETE the name and 
address for the Hiring Location.
    NAICS Code, DUNS Number, and Employer ID Number: Single 
Establishment and Multi Establishment Employers must COMPLETE the NAICS 
Code, Employer ID Number, and the DUNS number if the contractor has a 
DUNS number, as described below.
    NAICS Code Enter the six (6) digits NAICS Code applicable to the 
hiring location for which the report is filed. If there is not a 
separate NAICS Code for the hiring location, enter the NAICS Code for 
the parent company.
    Dun and Bradstreet I.D. Number (DUNS): If the company or any of its 
establishments has a Dun and Bradstreet Identification Number, please 
enter the nine (9) digit number in the space provided. If there is a 
specific DUNS Number applicable to the hiring location for which the 
report is filed, enter that DUNS Number. Otherwise, enter the DUNS 
number for the parent company.
    Employer I.D. Number (EIN): Enter the nine (9) digit numbers 
assigned by the I.R.S. to the contractor. If there is a specific EIN 
applicable to the hiring location for which the report is filed, enter 
that EIN. Otherwise, enter the EIN for the parent company.

[[Page 65772]]

INFORMATION ON EMPLOYEES

    Counting Veterans: Some veterans will fall into more than one of 
the protected veteran categories. For example, a veteran may be both a 
special disabled veteran and a Vietnam era veteran. In such cases, the 
veteran must be counted in each category. Recently separated veterans 
will be counted in the New Hires section of the VETS-100 Report only. 
In subsequent years, these veterans will no longer be considered newly 
separated veterans.
    Number of Employees: Select any payroll period ending between July 
1 and August 31 of the current year. Provide all data for permanent 
full-time and part-time employees who were special disabled veterans, 
Vietnam-era veterans, or other protected veterans employed as of the 
ending date of the selected payroll period. Do not include employees 
specifically excluded as indicated in 41 CFR 61-250.2(b)(2). Employees 
must be counted by veteran status for each of the nine occupational 
categories (Lines 1-9) in columns L, M, and N. The description of job 
categories can be found in 41 CFR 61-250.2(b)(3). Blank spaces will be 
considered zeros.
    New Hires: Report the number of permanent full-time and part-time 
employees by veteran status who were hired (both veterans and non-
veterans) and who were included in the payroll for the first time 
during the 12-month period ending between July 1 through August 31 of 
the current year. The totals in columns O, P, Q, R, and S (Line 10) are 
required. Enter all applicable numbers, including zeros.
    Maximum/Minimum Employees: Report the maximum and minimum number of 
permanent employees on board during the period covered as indicated by 
41 CFR 61-250.10(a)(3). Contractors may use any reasonable method for 
calculating and determining the maximum and minimum number of employees 
during the reporting period.

DEFINITIONS

    Hiring location means an establishment as defined at 41 CFR 61-
250.2(b).
    Special 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 Department of Veterans' 
Affairs for a disability (A) rated at 30 percent or more, or (B) rated 
at 10 or 20 percent in the case of a veteran who has been determined 
under Section 38 U.S.C. 3106 to have a serious employment handicap or 
(ii) a person who was discharged or released from active duty because 
of a service-connected disability.
    Veteran of the Vietnam-era means a person who: (i) Served on active 
duty in the U.S. military, ground, naval or air service for a period of 
more than 180 days, and who was discharged or released there from with 
other than a dishonorable discharge, if any part of such active duty 
was performed: (A) In the Republic of Vietnam between February 28, 
1961, and May 7, 1975; or (B) between August 5, 1964, and May 7, 1975, 
in all other cases; or (ii) was discharged or released from active duty 
in the U.S. military, ground, naval or air service for a service-
connected disability if any part of such active duty was performed (A) 
in the Republic of Vietnam between February 28, 1961, and May 7, 1975; 
or (B) between August 5, 1964, and May 7, 1975, in any other location.
    Recently Separated Veteran means any veteran who served on active 
duty in the U.S. military, ground, naval or air service during the one-
year period beginning on the date of such veteran's discharge or 
release from active duty.
    Other Protected Veterans means veterans 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. 
For those with Internet access, the information required to make this 
determination is available at http://www.opm.gov/veterans/html/
vgmedal2.htm. A copy of the list also may be obtained by calling (301) 
306-6752 and requesting that a copy of the list be mailed to you.
    (b) Contractors and subcontractors that submit computer-generated 
output for more than 10 hiring locations to satisfy their VETS-100 
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-100 
Reports for ten 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) Contractors and subcontractors may submit the VETS-100 Report 
via the Internet. The Internet address for the site is https://
vets100.vets.dol.gov/vets100login.htm. A company number is required to 
access this site. The number is provided to employers on the VETS-100 
Report form that is provided annually to those employers who are 
included in the VETS-100 database. Other employers may obtain a company 
number by e-mailing their request to HELPDESK@VETS100.COM or by calling 
the VETS-100 Reporting System at (301) 586-1580.
    (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-100 Report form before the annual 
September 30 filing deadline. Contractors and subcontractors who do not 
receive forms should request them in time to meet the deadline. 
Requests for the VETS-100 Report form may be made by mail by 
contacting: Office of the Assistant Secretary for Veterans' Employment 
and Training, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210, Attn: VETS-100 Report Form Request or on the 
Internet at https://vets100.vets.dol.gov/. (OMB No. 1293-0005).


Sec.  61-250.20  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.  61-250.99  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.

BILLING CODE 4510-79-P

Appendix A to Part 61-250--Federal Contractor Veterans' Employment 
Report VETS-100

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[FR Doc. E8-26185 Filed 11-4-08; 8:45 am]

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