[Federal Register Volume 65, Number 194 (Thursday, October 5, 2000)]
[Proposed Rules]
[Pages 59684-59693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25446]
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Part VIII
Department of Labor
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Veterans' Employment and Training
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41 CFR Part 61-250
Annual Report From Federal Contractors; Proposed Rule
Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 /
Proposed Rules
[[Page 59684]]
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DEPARTMENT OF LABOR
Veterans' Employment and Training
41 CFR Part 61-250
RIN 1293-AA07
Annual Report From Federal Contractors
AGENCY: Veterans' Employment and Training, Labor.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This proposed rule would amend regulations to implement
certain provisions of the Veterans Employment Opportunity Act of 1998
(``VEOA''). Under the current version of that part, pursuant to the
Vietnam Era Veterans' Readjustment Act of 1974, as amended
(``VEVRAA''), all contractors and subcontractors with Federal contracts
in excess of $10,000 are required to use the Federal Contractor
Veterans' Employment Report VETS-100 form (``VETS-100 Report'') to
report their efforts toward the hiring of qualified veterans in two
specified categories. Section 7 of VEOA raised the reporting threshold
from $10,000 to $25,000, and added a third category of veterans to the
required reports. This rule would implement those changes, along with
other changes that either are required by VEOA or will improve the
administration of the related veterans' programs.
DATES: To be assured of consideration, comments must be received on or
before December 4, 2000.
ADDRESSES: Comments should be sent to Robert Wilson, Chief, Compliance
Programs, VETS, by regular mail at the U.S. Department of Labor, Room
S-1316, 200 Constitution Avenue, NW, Washington, D.C. 20210, or by e-
mail at Wilson-Robert@ dol.gov. Written comments limited to 10 pages or
fewer also may be transmitted by facsimile (FAX) at (202) 693-4755.
Receipt of submissions, whether by U.S. mail, e-mail or FAX
transmittal, will not be acknowledged; however, the sender may request
confirmation that a submission has been received, by telephoning VETS
at (202) 693-4717(VOICE) or 1(877)670-7008 (TTY/TDD).
Comments will be available for public inspection during normal
business hours at the above address. Persons who need assistance to
review the comments will be provided with appropriate aids such as
readers or print magnifiers. Copies of this Notice of Proposed
Rulemaking (``NPRM'') will be made available in the following formats:
large print, electronic file on computer disk, and audio tape. To
schedule an appointment to review the comments and/or to obtain the
Notice of Proposed Rulemaking in an alternate format, contact VETS at
the telephone numbers and addresses listed above.
FOR FURTHER INFORMATION CONTACT: Robert Wilson, Chief, Compliance
Programs, VETS, at the addresses and telephone numbers listed above.
SUPPLEMENTARY INFORMATION: The preamble to this NPRM is organized as
follows:
I. Background--provides a brief description of the development
of these proposed regulations.
II. Authority--cites the statutory provisions supporting these
regulations and Departmental redelegation authority.
III. Section-by-Section Review of the Rule--summarizes pertinent
aspects of the regulatory text and describes its purposes and
application.
IV. Regulatory Procedure--sets forth the applicable regulatory
requirements.
I. Background
President Clinton signed VEOA into law in October 1998. The statute
extended the affirmative action and reporting responsibilities of
Federal contractors and subcontractors, which previously protected
veterans of the Vietnam era and special disabled veterans, to include
any other U.S. veterans who served on active duty during a war or in a
campaign or expedition for which a campaign badge has been authorized.
VEOA raised the reporting threshold for Federal contractors and
subcontractors from $10,000 to $25,000. VEOA also added the requirement
that contractors and subcontractors report to the Secretary of Labor
the maximum number and the minimum number of persons they employed
during the reporting period.
In addition, in 1998, VETS changed the annual deadline for
submission of the VETS-100 Report from March 31 to September 30. This
change was intended to conform the VETS-100 reporting cycle to that of
the EEO-1 Report, and thereby reduce the reporting burden on
contractors.
The proposed rule would incorporate both these substantive changes
and additional stylistic and/or phrasing changes. The latter changes
were prompted by the June 1, 1998, Presidential Memorandum on Plain
Language, which instructed Federal Departments and Agencies to write
regulations in language understandable to most people. Accordingly,
VETS has reworded subsection topic header statements into the form of
questions; replaced the term ``shall'' with ``must'' (to indicate an
obligation) or ``will'' (to indicate a future action), as appropriate;
and altered the wording of the regulations in other ways, as described
below in Section III, ``Section-by-Section Review of the Rule.'' These
changes are intended to enhance the readability and usefulness of the
regulations.
II. Authority
A. Statutory Authority
The statutory authorities for this NPRM are Sections 7 and 8 of
VEOA (38 U.S.C. Sec. 4212(d)); VEVRAA, as amended, 38 U.S.C. 101 et
seq., Pub. L. 93-508, 88 Stat. 1578; and the Veterans' Benefits
Improvements Act of 1996 (``VBIA''), 38 U.S.C. 101(29), Pub. L. 104-
275, 110 Stat. 3322.
B. Departmental Authorization
Secretary's Order 1-83, Section 3(a), authorized the Assistant
Secretary of Labor for Veterans' Employment and Training to develop and
implement policies required to administer and enforce statutes dealing
with veterans' reemployment, including VEVRAA. Secretary's Order 4-83
redesignated the Office of the Assistant Secretary of Labor for
Veterans' Employment and Training as the Veterans' Employment and
Training Service, or VETS.
III. Section-by-Section Review of the Rule
Throughout the rule, minor language changes have been made to
comply with the Presidential Memorandum on Plain Language by clarifying
the wording of the regulations. Unless specified below, none of these
changes are intended to alter the substantive meaning of the
regulations.
In addition, throughout the rule, references to the U.S. Code have
been corrected to reflect the numbering changes effected by VEOA and
the Veterans' Benefit Improvement Act of 1996 (VBIA); similarly,
references to the regulations promulgated by the Office of Federal
Contract Compliance Programs (``OFCCP'') have been amended to reflect
changes to those regulations, including new section numbers, that took
effect on January 4, 1999. See Affirmative Action and Nondiscrimination
Obligations of Contractors and Subcontractors Regarding Special
Disabled Veterans and Vietnam Era Veterans; Final Rule, 63 FR 59630 et
seq. (November 4, 1998). Finally, the former Veterans' Administration
(``VA'') has been upgraded to a Cabinet-level agency; therefore,
references to the VA throughout the rule have been changed
[[Page 59685]]
to use the agency's new name, the Department of Veterans' Affairs.
Sections or paragraphs of the rule that are not discussed in this
preamble have not been changed in any substantive way from the previous
version of the regulations.
Section 250.1 What Are the Purpose And Scope of This Part?
This section would outline the purpose and scope of the
regulations. Paragraph (a) would correct the regulations' citation to
the U.S. Code, as amended by VEOA; would reflect the new reporting
threshold; and would indicate which contractors would be required to
file reports under the regulations. Paragraph (d) would direct readers
to the OFCCP regulations that govern the affirmative action obligations
of contractors and subcontractors toward protected veterans.
Section 250.2 What Definitions Apply to This Part?
This section would provide the definitions that would apply to this
part. Paragraph (b)(1) would update the reference to the Standard
Industrial Classification Manual from the 1972 edition to the 1987
edition, and would add the acronym for the Employer Identification
Number (EIN). Paragraph (b)(4), the definition of ``special disabled
veteran,'' would be amended to clarify that in order to be protected,
veterans must have served in the military, ground, naval, or air
service of the United States, and not of any other nation. The
definition of ``veteran of the Vietnam era'' in paragraph (b)(5) would
be amended to add a similar clarification, and also to conform to the
statutory definition of the term at 38 U.S.C. 101(29), which was
altered by VBIA. Paragraph (b)(6) would be amended to define ``other
veterans,'' as required by VEOA. Paragraphs (b)(9) and (b)(10) would
add definitions for the terms ``states'' and ``eligibility period,''
respectively.
Section 250.10 What Reporting Requirements Apply to Federal
Contractors and Subcontractors, and What Specific Wording Must the
Reporting Requirements Contract Clause Contain?
This section would continue the requirement that covered Federal
contractors and subcontractors submit reports at least annually
regarding their hiring and continued employment of veterans in the
three categories defined in the proposed Section 250.2. It also would
amend the required language for the contract clause that must be
included in each covered Federal contract and subcontract. Paragraphs
(a)(1) and (a)(2) of the amended clause would add the requirement that
contractors and subcontractors report on their employment of ``other
veterans,'' as defined in Section 250.2; paragraph (a)(3) would require
contractors and subcontractors to report the maximum number and minimum
number of persons employed during the reporting period. Both of these
changes are required by VEOA.
Paragraph (c) of the amended clause would change the annual
deadline for submitting the VETS-100 Report from March 31 to September
30, to conform with the EEO-1 reporting date, as explained in the
``Background'' section above. The same paragraph would define the
eligibility period for the report. Paragraph (d) would amend the
definition of the reporting period. Contractors and subcontractors
would still be able to select an ending date for the period; however,
the range of permissible dates would be changed. The previous version
of the clause permitted ending dates between January 1 and March 1; the
amended version would permit ending dates between July 1 and August 31.
Paragraph (e) would be revised to indicate that both contractors
and subcontractors must comply with the voluntary disclosure
requirements, pursuant to OFCCP regulations at 41 CFR 60-250.42.
Section 61-250.11 On What Form Must the Data Required Above Be
Submitted?
This section would amend the proposed form and instructions for
completing the VETS-100 Report, and provide new avenues for submission
of the report.
Paragraph (a): This paragraph of the proposed section would provide
a copy of the amended form and the text of the amended instructions.
The introduction to the instructions would be amended to clarify that a
separate report must be completed for each hiring location in all
States, as those two terms would be defined under the proposed Section
250.2. The term ``supplemental'' would be deleted to emphasize that the
obligation to complete and submit the VETS-100 Report is separate from
the obligation to complete and submit the EEO-1 Report.
Instructions: The section of the instructions entitled ``How to
Prepare Form'' would be amended to insert an explanation of the meaning
of shaded areas on the form, as well as instructions for determining
the reporting period by selecting an ending date for the report. The
latter information is not new; under the proposed rule, it would be
moved from a different section of the instructions in order to
emphasize that the reporting period applies to the entire report.
The section of the instructions entitled ``Company Identification''
would be revised to require reporting of the contractor's Standard
Industrial Code (SIC) and Dun and Bradstreet I.D. number (DUNS), if
available, in addition to the EIN that is already required. These
changes will assist VETS in identifying Federal contractors and
subcontractors.
The section entitled ``Information on Employees,'' previously
called ``Information on Veterans,'' would be revised in a number of
ways. The paragraph ``Counting veterans'' would be added, in response
to numerous questions from contractors, to clarify how contractors must
count veterans who fall into more than one category. The paragraph
``Data on Current Employees'' would amend a currently untitled
paragraph to explain which payroll period should be used to provide the
data, which full-time and part-time employees must be included in the
data, and which data are optional, and to comply with VEOA by expanding
the categories of veterans who must be included. The paragraph ``Data
on New Hires'' (titled ``New Hires Data'' in the current regulation)
would be amended to explain which data in this section are optional,
and to delete the explanation of how to select the reporting period;
this explanation, as noted above, would be moved to the section headed
``How to Prepare Form.'' The new paragraph ``Maximum and minimum number
of employees'' would comply with VEOA by requiring contractors and
subcontractors to report the maximum and minimum number of persons
employed during the reporting period.
In the ``Definitions'' section, the definitions of the terms
``special disabled veteran'' and ``veteran of the Vietnam era'' would
be amended, and a definition of ``other veterans'' would be added, in
the same ways, and for the same reasons, as the definitions of the same
terms in 41 CFR 61-250.2, as described above. The section ``Legal Basis
for Reporting Requirements'' would be amended as required by VEOA.
Paragraph (b): This paragraph would require most contractors and
subcontractors who submit computer-generated output to do so in the
form of an electronic file. This requirement is intended to reduce the
cost of submitting the VETS-100 form for contractors and of tallying
the
[[Page 59686]]
information on the form for the Federal government.
Paragraph (c): This paragraph would be added to provide small
business the opportunity to submit the VETS-100 Report via the Internet
and to obtain a company number via e-mail.
Paragraph (e): This paragraph would be revised to change the filing
deadline to September 30, as explained above, and to include an
Internet address to obtain VETS-100 information.
Section 61-250.12 What Invitation to Self-Identify Must a Contractor
Offer to Veterans?
This section would be revised in minor ways. The phrase ``and
subcontractors'' would be added to the first sentence, to clarify that
covered subcontractors, as well as covered contractors, must invite
veterans to self-identify, and must comply with the voluntary
disclosure requirements when issuing that invitation. ``Other
veterans,'' as defined in Section 61-250.2, would be added to the
categories of veterans who must receive the invitation, pursuant to
VEOA.
Section 61-250.20 How Will DOL Determine Whether a Contractor or
Subcontractor is Complying With the Requirements of This Part?
The language of this section would be amended to clarify that
during the course of a compliance evaluation, OFCCP may determine
whether a contractor or subcontractor has submitted the reports
required by this part.
Section 61-250.99 What are the OMB Control Numbers for This Part?
This section would be updated to reflect the most recent
regulations implementing the Paperwork Reduction Act.
IV. Regulatory Procedures
Paperwork Reduction Act Approval
This proposed rule contains information collections which are
subject to review by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995. The proposed rule would revise
regulations which contain information collection requirements which are
currently approved under OMB No. 293-0005. The proposal includes new
data reporting requirements. We estimate the collection burden to be 30
minutes per respondent. A description of the information to be
collected is shown below.
Contractors and subcontractors will be required to collect data on
a new category of veterans, ``other veterans.'' Additionally,
contractors and subcontractors must report the maximum and minimum
number of persons employed during the reporting period. Both of these
changes are required by VEOA. Company identification information is
revised to request the submission of a contractor's Standard Industrial
Code (SIC) and require the Dun and Bradstreet I.D. number (DUNS), if
available.
VETS invites the public to comment on whether each of the proposed
collections of information: (1) Ensures that the collection of
information is necessary to the proper performance of the agency,
including whether the information will have practical utility; (2)
estimates the projected burden, including the validity of the
methodology and assumptions used, accurately; (3) enhances the quality,
utility, and clarity of the information to be collected; and (4)
minimizes 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 (e.g., permitting electronic
submission of responses).
Executive Order 12866, Regulatory Planning and Review
The Department of Labor has determined that this Proposed Rule is
not a ``significant regulatory action'' under Executive Order 12866
because this action will not: (1) Have an annual effect on the economy
of $100 million or more, or adversely affect in a material way the
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities; (2) create a serious inconsistency, or
otherwise interfere, with an action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs, or the rights and obligations of recipients
thereof; or (4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
Executive Order 12866. Therefore, no regulatory impact analysis is
required.
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 will 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
This Notice of Proposed Rule Making 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. Therefore, the
requirements of section 6 of Executive Order 13132 do not apply to this
rule.
Regulatory Flexibility Act
This Notice of Proposed Rulemaking does not substantially change
the existing obligation of Federal contractors or subcontractors. The
Department of Labor certifies that the proposed rule will not have a
significant economic impact on a substantial number of small business
entities. Therefore, no regulatory flexibility analysis is required.
Clarity of This Regulation
Executive Order 12866 and the President's memorandum of June 1,
1998, require each agency to write all rules in plain language. The
Department invites comments on how to make this proposed rule easier to
understand. For example:
--Have we organized the material to suit your needs?
--Are the requirements in the rule clearly stated?
--Does the rule contain technical language or jargon that isn't clear?
--Would a different format (grouping and order of sections, use of
headings, paragraphing) make the rule easier to understand?
--Would more (but shorter) sections be better?
--Could we improve clarity by adding tables, lists, or diagrams?
--What else could we do to make the rule easier to understand?
List of Subjects in 41 CFR Part 61-250
Government contracts, Reporting and recordkeeping requirements,
Veterans.
Signed at Washington, D.C., this 26th day of September 2000.
Alexis M. Herman,
Secretary of Labor.
Accordingly, title 41, part 61-250 of the Code of Federal
Regulations is proposed to be revised to read as follows:
[[Page 59687]]
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?
61-250.12 What invitation to self-identify must a contractor offer
to veterans?
61-250.20 How will DOL determine whether a contractor or
subcontractor is complying with the requirements of this part?
61-250.99 What are the OMB control numbers for this part?
Authority: 38 U.S.C. 4212(d).
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). Each contractor
or subcontractor who enters into a contract 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 (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 of this part.
(b) Except as noted in Sec. 61-250.10 of this part, the regulations
at 41 CFR part 60-250, 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 60-250.4(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 toward applicants for employment who are special
disabled veterans, veterans of the Vietnam era, or other veterans as
defined in this part.
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 (identical to establishment as defined by the
instructions for completing Standard Form 100, Equal Employment
Opportunity Employer Information Report EEO-1) 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 (definition adapted from the 1987 Standard Industrial
Classification Manual). 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 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 Standard Form 100, Equal
Employment Opportunity Employer Information Report EEO-1, 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,
[[Page 59688]]
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 flamecutters,
electrical and electronic equipment assemblers, butchers and meat
cutters, inspectors, testers and graders, handpackers 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, charworkers 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--
(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.
(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 therefrom 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 veterans means any other 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.
(7) OFCCP means the Office of Federal Contract Compliance Programs,
Employment Standards Administration, U.S. Department of Labor.
(8) OASVET means the Office of the Assistant Secretary for
Veterans' Employment and Training, U.S. Department of Labor.
(9) States means the individual states of the United States, the
Distict of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, Wake Island, the Commonwealth of the
Northern Mariana Islands, the Federated States of Micronesia, the
Republic of the Marshall Islands, and Palau.
(10) 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.
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 of this
part 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, AND OTHER 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, and the number who are other
veterans who served on active duty during a war or in a
[[Page 59689]]
campaign or expedition for which a campaign badge has been
authorized;
(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,
and the number who are other veterans as defined above; 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, 2000. 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 section 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 section.
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).
(e) The number of veterans reported according to paragraph (a)
above must be based on voluntary disclosure. Each contractor and
subcontractor subject to the reporting requirements at 38 U.S.C.
4212(d) must invite all applicants for employment who are veterans
who fall into one of the categories in paragraph (a)(1) above, and
who wish to benefit under the affirmative action program at 38
U.S.C. 4212, to identify themselves to the contractor. The
invitation must state that the information is voluntarily provided,
that the information will be kept confidential, that disclosure or
refusal to provide the information will not subject the applicant to
any adverse treatment, and that the information will be used only in
accordance with the regulations promulgated under 38 U.S.C. 4212.
Nothing in this paragraph (e) precludes an employee from informing a
contractor or subcontractor at a future time of his or her desire to
benefit from this program. Nothing in this paragraph (e) relieves a
contractor from liability for discrimination under 38 U.S.C. 4212.
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 mailed annually to those employers 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
This report is to be completed by all nonexempt contractors and
subcontractors with contracts (or subcontracts) for the furnishing
of supplies and services or the use of real or personal property
(including construction) for $25,000 or more. Reports must be
completed for each hiring location in any State, as defined in 41
CFR 61-250.2(b). All multi-establishment employers, i.e., those
doing business at more than one hiring location, must file: (1) a
report covering the principal or headquarters office; (2) a separate
report for each hiring location employing 50 or more persons; and
(3) either (i) a separate report for each hiring location employing
fewer than 50 persons, or (ii) consolidated reports, by State,
covering the hiring locations within the State that have fewer than
50 employees. Each consolidated report must also list the names and
addresses of all hiring locations covered by the report.
HOW TO PREPARE FORM
Shaded areas designate optional information. Answers to
questions in all other areas of the form are mandatory. Contractors
should determine the period covered by the report (``the reporting
period'') by selecting an ending date for the report. The ending
date may fall either: (1) At the end of any pay period during the
period July 1 through August 31 of the year the report is due; or
(2) On December 31, if the contractor has previous written approval
from the Equal Employment Opportunity Commission to use that date
for purposes of submitting the Employer Information Report EEO-1
(Standard Form 100). The report must cover the twelve consecutive
months preceding the selected ending date.
COMPANY IDENTIFICATION
Parent Company. Please provide the company name, address, and
employer identification number (EIN) of the headquarters office of
the multi-hiring location company that owns the hiring location for
which this report is filed. The EIN is mandatory; the Dun and
Bradstreet I.D. number (DUNS) is mandatory if available; and the
Standard Industrial Code (SIC) should also be reported if available.
Hiring Location for Which This Report Is Filed. Please provide
the name, address, and EIN for each hiring location for which this
report is filed. The EIN is mandatory; the SIC and the DUNS should
also be reported if available.
INFORMATION ON EMPLOYEES
(Veterans and non-veterans)
Counting veterans: Some veterans will fall into more than one of
the targeted 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 both categories.
Data on Current Employees: The payroll period for this data is
the period that ends on the date the contractor selects as the
ending date for the entire report, according to the instructions
above in ``How to Prepare Form.'' The data must include all
permanent full-time and part-time employees who were employed as of
the ending date of the selected payroll period, except those
employees specifically excluded as indicated in 41 CFR 61-
250.2(b)(2). Employees must be counted by veteran status (columns L,
M, and N--special disabled veterans, Vietnam-era, or other veterans
as defined below) for each of the nine occupational categories.
Entries in the Total line of columns L, M, and N are optional.
Data on New Hires: Report on the Total line in columns O through
R the number of regular full-time and part-time employees, by
veteran status (columns O, P, and Q) and total employees (column R),
who were included in the payroll for the first time during the
reporting period. Entries in lines 1 through 9 (shaded area) of
columns O through R are optional.
Maximum and minimum number of employees: The contractor must
report the maximum and minimum number of persons it employed 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 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 therefrom 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.
Other veterans means any other 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.
[[Page 59690]]
LEGAL BASIS FOR REPORTING REQUIREMENTS
Title 38, United States Code, Section 4212(d), requires that
Federal contractors and subcontractors report at least annually on
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, and the number who are other
veterans who served on active duty during a war or in a campaign or
expedition for which a campaign badge has been authorized. Also
required are the total number of new hires during the reporting
period, the number of new hires who fall into each of the three
categories of veterans listed above, and the maximum and minimum
number of persons employed during the reporting period. The
regulations implementing these statutory provisions are found at 41
CFR 61-250.
DESCRIPTION OF JOB CATEGORIES
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.
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.
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.
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.
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.
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.
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 flamecutters, electrical and electronic
equipment assemblers, butchers and meat cutters, inspectors, testers
and graders, handpackers and packagers, and kindred workers.
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.
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, charworkers 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.
(b) Contractors and subcontractors that submit computer-generated
output 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) Small companies may wish to submit the VETS-100 Report via the
Internet. The Internet address for the site is http://nvti.cudenver.edu/vets/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 mailed 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 [email protected], or by
calling the VETS-100 Reporting System at (703) 461-2460.
(d) OASVET 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 http://nvti.cudenver.edu/vets/vets100.asp
Sec. 61-250.12 What invitation to self-identify must a contractor
offer to veterans?
Each contractor and subcontractor subject to the reporting
requirements at 38 U.S.C. 4212(d) must invite all applicants for
employment who are special disabled veterans, veterans of the Vietnam
era, or other veterans as defined in Sec. 61-250.2, and who wish to
benefit under the affirmative action program at 38 U.S.C. 4212, to
identify
[[Page 59691]]
themselves to the contractor. The invitation must state that the
information is voluntarily provided, that the information will be kept
confidential, that disclosure or refusal to provide the information
will not subject the applicant to any adverse treatment, and that the
information will be used only in accordance with the regulations
implemented under 38 U.S.C. 4212. Nothing in this section precludes an
employee from informing a contractor or subcontractor at a future time
of his or her desire to benefit from this program. Nothing in this
section relieves a contractor from liability for discrimination under
38 U.S.C. 4212.
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 are the OMB control numbers 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.
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Appendix A to Part 61-250
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[FR Doc. 00-25446 Filed 10-4-00; 8:45 am]
BILLING CODE 4510-79-C