Annual Report From Federal Contractors, 28710-28725 [E8-10916]

Agencies

• DEPARTMENT OF LABOR
• Veterans' Employment and Training Service
• Veterans Employment and Training Service

[Federal Register Volume 73, Number 97 (Monday, May 19, 2008)]
[Rules and Regulations]
[Pages 28710-28725]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10916]


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DEPARTMENT OF LABOR

Veterans' Employment and Training Service

41 CFR Part 61-300

RIN 1293-AA12


Annual Report From Federal Contractors

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

ACTION: Final rule.

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SUMMARY: The Veterans' Employment and Training Service is publishing a 
new set of regulations, and adopting a new Federal Contractor Veterans' 
Employment Report VETS-100A (``VETS-100A Report'') form, to implement 
the requirement under the Vietnam Era Veterans' Readjustment Assistance 
Act of 1974 (``VEVRAA'') that Government contractors track and annually 
report the number of employees in their workforces who are veterans 
covered under the law. The final regulations published today implement 
amendments to the reporting requirements under VEVRAA that were made by 
the Jobs for Veterans Act (``JVA'') in 2002. The JVA amendments: Raised 
the dollar amount of the Government contracts that trigger a 
contractor's obligation to report on veterans' employment; and changed 
the

[[Page 28711]]

categories of veterans that contractors are to track and report. The 
final regulations published today apply only to covered Government 
contracts entered into or modified on or after December 1, 2003. The 
existing regulations in 41 CFR part 61-250, which require contractors 
to use the Federal Contractor Veterans' Employment Report VETS-100 
(``VETS-100 Report'') form to provide the information on the covered 
veterans in their workforces, will continue to apply to Government 
contracts entered into before December 1, 2003.

DATES: Effective Date: These regulations are effective June 18, 2008.

FOR FURTHER INFORMATION CONTACT: Robert Wilson, Chief, Investigations 
and Compliance Division, Veterans' Employment and Training Service, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Room S-1312, 
Washington, DC 20210, RMWilson@dol.gov, (202) 693-4719 (this is not a 
toll-free number).
    For press inquiries, contact Michael Biddle, Office of Public 
Affairs, U.S. Department of Labor, 200 Constitution Avenue, NW., Room 
S-1032, Washington, DC 20210, Biddle.Michael@dol.gov, (202) 693-5051 
(this is not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    The Vietnam Era Veterans' Readjustment Assistance Act of 1974 
(``VEVRAA''), 38 U.S.C. 4212(d), requires that Federal contractors 
report annually to the Secretary of Labor about their employment of 
certain categories of veterans. The Department of Labor has promulgated 
regulations found at 41 CFR part 61-250, which require contractors to 
use the Federal Contractor Veterans' Employment Report VETS-100 
(``VETS-100 Report'') form for reporting information on the number of 
covered veterans in their workforces.
    On November 7, 2002, the President signed the Jobs for Veterans Act 
(JVA) (Pub. L. 107-288, 116 Stat. 2033). Section 2(d)(1)(A) of JVA 
amended the Federal contractor reporting requirements contained in 38 
U.S.C. 4212(d). Section (2)(b)(3) of JVA made the amendments applicable 
to Government contracts entered into on or after December 1, 2003.
    Prior to amendment by JVA, VEVRAA required contractors with a 
Government contract of $25,000 or more to report at least annually to 
the Secretary on the number of employees in their workforces, by job 
category and hiring location, who are ``special disabled veterans, 
veterans of the Vietnam era, recently separated veterans, or other 
veterans who served on active duty during a war or in a campaign or 
expedition for which a campaign badge has been authorized.'' In 
addition, prior to amendment by JVA, VEVRAA required contractors to 
report on the number of employees hired during the period covered by 
the report who belong to the specified categories of covered veterans.
    The JVA amendments to VEVRAA made two changes to the reporting 
requirements applicable to contracts entered into on or after December 
1, 2003. First, the JVA amendments increased from $25,000 to $100,000, 
the dollar amount of the contract that subjects a Government contractor 
to the requirement to report the number of employees in their 
workforces who are covered veterans.
    Second, the JVA amendments changed the categories of covered 
veterans under VEVRAA and thus the categories of veterans that 
contractors are required to track and report on annually. JVA 
eliminated the coverage category of Vietnam era veterans. However, many 
Vietnam era veterans may remain covered in other categories. JVA added 
a new category of covered veterans--those ``veterans who, while serving 
on active duty in the Armed Forces, participated in a United States 
military operation for which an Armed Forces service medal was awarded 
pursuant to Executive Order 12985.'' In addition, the JVA amendments 
expanded the coverage of recently separated veterans from one year 
after discharge or release from active duty, to three years. Finally, 
JVA expanded the coverage of veterans with disabilities. Prior to 
amendment by JVA, VEVRAA covered veterans rated as having 10% to 20% 
serious employment handicap or a disability rated 30% or more by the 
Department of Veterans Affairs. As a result of the JVA amendments, all 
veterans who were discharged or released from active duty because of a 
service-connected disability are covered under VEVRAA.
    On August 8, 2006, VETS published a Notice of Proposed Rulemaking 
(NPRM), (71 FR 44945), to implement the changes made by JVA to the 
reporting requirements under VEVRAA. The NPRM proposed to adopt a new 
set of regulations that would be codified in a new 41 CFR part 61-300. 
The NPRM also proposed to adopt a new form for reporting the 
information on veterans' employment required by the JVA amendments to 
VEVRAA and name it the ``VETS-100A Report.''
    VETS received a total of six comments: Two from employer 
associations whose members include Federal contractors, one from a 
management consulting firm that specializes in human resources, one 
from a government agency, one from a human resources professional, and 
one from an attorney. Generally, the comments discussed the confusion 
that might result from VETS maintaining two sets of VEVRAA regulations 
and requested clarification of certain provisions. VETS reviewed and 
carefully considered the comments in the development of this final 
rule.
    VETS recognized that contractors will need time to update their 
recordkeeping systems to collect the data required by the VETS-100A 
Report, and stated in the NPRM that the reporting requirements in the 
new part 61-300 would become effective for the calendar year 2007, and 
would be reported in the VETS-100A Report to be filed by September 30, 
2008. We received two comments on the proposed effective date of the 
final rule. One commenter asked that VETS extend the effective date of 
the new reporting requirements to 2008, and the date for filing the 
VETS-100A Report for the first time to September 30, 2009, in order to 
allow contractors sufficient time to adjust their computer systems. 
Another commenter requested that VETS clarify in the final rule that 
contractors do not have to begin collecting and maintaining data 
required for the 2008 VETS-100A Report until the first day of the 12-
month period for which new hire data will be reported on the 2008 
report.
    When the effective dates stated in the NPRM were proposed, VETS 
anticipated that today's final rule and its information collection 
requirements would be effective by a date that would allow contractors 
sufficient time to collect the data needed to complete and file a VETS-
100A Report for the 2008 reporting cycle. The VETS-100A Report calls 
for contractors to provide data on veterans' employment for a 12-month 
period ending on a date in the report year between July 1 and August 31 
that represents the end of a payroll period. However, today's final 
rule will not take effect in time for contractors to collect data for 
the entire 12-month period ending on a date between July 1 and August 
31, 2008. Accordingly, VETS has decided to extend the effective date 
for the reporting requirements in the new part 61-300 regulations. 
Contractors are to collect and maintain the data prescribed by the new 
part 61-300 regulations beginning in the calendar year 2008, and report 
the data in the VETS-100A Report to be filed by September 30, 2009.

[[Page 28712]]

Overview of the Final Rule

    The final regulations implementing the JVA changes to the reporting 
requirements under VEVRAA will be codified in a new 41 CFR part 61-300. 
As was explained in the NPRM, the provisions in part 61-300 are modeled 
after the existing regulations in part 61-250 implementing the 
reporting requirements under VEVRAA prior to amendment by JVA. The part 
61-300 regulations differ from the regulations in part 61-250 in two 
ways: The part 61-300 regulations reflect the changes to the 
requirements under VEVRAA made by JVA, and certain provisions in the 
part 61-300 have been revised to improve the readability of the rule. 
The Section-by-Section Analysis of the NPRM highlighted the differences 
between the provisions in the proposed rule and existing part 61-250. 
Throughout the regulation, changes have been made to clarify the 
wording in accordance with plain language principles. Unless specified 
below, the minor language differences are not intended to create a 
difference in substantive meaning between the final rule and parallel 
provisions in part 61-250.
    The final rule, for the most part, adopts the provisions that were 
proposed in the NPRM. However, a few provisions have been modified in 
response to the public comments. The discussion that follows identifies 
the significant issues raised in the comments received in response to 
the NPRM, provides VETS responses to those comments, and explains any 
resulting changes to the proposed rule.

Section-by-Section Analysis of Comments and Revisions

Section 61-300.1 What are the purpose and scope of this part?

    This section outlines the purpose and scope of the regulations. 
Proposed paragraph (a) states that each contractor or subcontractor who 
enters into a contract on or after December 1, 2003, in the amount of 
$100,000 or more with any department or agency of the United States, 
and who is subject to 38 U.S.C. 4212(a) (the affirmative action 
provisions of VEVRAA), must submit a report according to the 
requirements of part 61-300. In addition, proposed paragraph (a) states 
that any contractor or subcontractor whose only contract was entered 
into before December 1, 2003, must follow the regulations in part 61-
250. Further, proposed paragraph (a) provides that any contractor that 
has a contract of $25,000 or more entered into before December 1, 2003, 
and has a contract of $100,000 or more entered into on or after 
December 1, 2003, is required to file both the VETS-100 Report and the 
VETS-100A Report as instructed in parts 61-250 and 61-300.
    Three commenters--two employer associations and a consulting firm--
were critical of the requirement in paragraph (a) that contractors 
holding a covered contract entered into before December 1, 2003, as 
well as a covered contract entered into on or after December 1, 2003, 
comply with both the regulations in existing part 61-250 and new part 
61-300. They maintained that it would be confusing and burdensome for 
contractors to collect and report data about the same workforce on both 
the VETS-100 Report required under part 61-250 and the VETS-100A Report 
prescribed by new part 61-300 for the same reporting period, where each 
form calls for data on the number of employees in four different 
categories of covered veterans, and only one of those categories is 
found on both forms. All of the commenters offered a recommendation for 
minimizing the recordkeeping and reporting burden.
    One commenter asserted that VETS has flexibility, and as a matter 
of enforcement policy the agency could adopt a rule that requires 
contractors to comply with only one set of VEVRAA regulations. The 
commenter argued that VETS could state in the final rule that 
contractors with a contract of at least $100,000 entered into on or 
after December 1, 2003, are required to file only the VETS-100A Report, 
even if the contractors also have covered contracts that were entered 
into before December 1, 2003. Further, the commenter stated that the 
final rule could provide that, if a contractor with contracts subject 
to the regulations in part 61-250 enters into a contract that is 
subject to new part 61-300 regulations after the start of the 
Affirmative Action Program (AAP) year, the contractor has the option of 
continuing to comply only with the reporting requirements under the 
part 61-250 regulations until the end of the AAP year.
    VETS disagrees with the assertion that the final rule could provide 
that contractors need comply with the reporting requirements of only 
one set of VEVRAA regulations. Some employees may be counted in more 
than one of the covered veteran categories. For example, an employee 
may be both a Vietnam era veteran and an other protected veteran. Thus, 
some veterans in the pre-JVA categories will be included in one or more 
of the categories covered under the JVA as well. However, a small 
number of Vietnam era veterans do not belong to any other covered 
veteran category and would not be tracked and reported if VETS were to 
adopt a rule requiring contractors with contracts entered into both 
before and on or after December 1, 2003, to comply only with the new 
part 61-300 regulations. Conversely, some categories of veterans that 
are covered under the JVA were not previously covered under VEVRAA, and 
therefore, would not be tracked and reported if VETS were to allow 
contractors to comply only with the existing part 61-250 regulations.
    The rulemaking authority of VETS can only be exercised in a manner 
that carries out the provisions of the statute. Here, Congress 
expressly made the JVA reporting requirements applicable to contracts 
entered into on or after December 1, 2003, and thereby provided that 
contracts entered before December 1, 2003, would continue to be subject 
to the pre-JVA reporting requirements. Consequently, VETS has no 
authority to allow contractors with contracts entered into both before 
and on or after December 1, 2003, to track and report only the 
categories of covered veterans covered under the JVA. Likewise, VETS 
cannot adopt a rule that allows contractors with contracts entered into 
both before and on or after December 1, 2003, to track and report only 
the pre-JVA categories. Accordingly, the final rule provides that a 
contractor with covered contracts entered into both before and on or 
after December 1, 2003, must comply with the regulations in existing 
part 61-250 and new part 61-300 and file both the VETS-100 Report and 
the VETS-100A Report. However, a contractor that is covered under 
existing part 61-250 that enters into a contract of $100,000 or more 
after the start of the AAP year does not have to file a VETS-100A 
Report during that year. The instructions for completing the VETS-100A 
Report state ``[e]ntering into a covered federal contract or 
subcontract during a given calendar year establishes the requirement to 
file a VETS-100A Report during the following calendar year.''
    Another commenter recommended that VETS adopt a rule allowing 
contractors to comply with only one set of VEVRAA regulations. This 
commenter suggested that VETS permit those contractors that are subject 
to both sets of regulations ``to use the regulations covering the 
majority of their employees.'' The commenter stated that this approach 
would allow contractors to submit a report for all employees based on 
whether a majority of their employees are covered under contracts dated 
prior to December 1, 2003, or after that date. The date of the

[[Page 28713]]

Government contract determines the categories of veterans contractors 
must track and report. However, the date of the Government contract 
does not affect whether the particular employees are covered by the 
reporting requirement. Once a business or organization is awarded a 
covered Government contract, all of the establishments or facilities of 
the business or organization are subject to the same regulatory 
requirements, regardless of where the Government contract is to be 
performed. Consequently, if a contractor is subject to the reporting 
requirements under VEVRAA, the contractor is required to report the 
number of employees in its entire workforce, by job category, and by 
hiring location, who belong to the specified categories of covered 
veterans. Thus, the commenter's suggestion that contractors be 
permitted to comply with the regulations that cover the ``majority of 
their employees'' misconstrues the scope of coverage under VEVRAA, and 
does not address the concern about the burdens of dual reporting.
    The remaining commenter recommended that to minimize duplicative 
reporting for those with covered contracts entered into both before 
December 1, 2003, and on or after that date, VETS should clarify that 
modification of a pre-December 1, 2003, contract for at least $100,000 
will incorporate the VETS-100A reporting requirements in today's final 
rule. We agree that modification of an otherwise covered contract on or 
after December 1, 2003, will substitute the VETS-100A requirements of 
41 CFR 61-300 for the VETS-100 requirements of 41 CFR 61-250 in the 
modified contract.
    Two Department of Labor agencies have promulgated regulations 
implementing 38 U.S.C. 4212. VETS has published regulations at 41 CFR 
part 61-250 (and now 41 CFR part 61-300) implementing the reporting 
requirements, and OFCCP has published regulations at 41 CFR parts 60-
250 and 60-300 implementing the affirmative action provisions. Because 
the requirements of Section 4212 apply to the same Federal contractors 
and apply to the same categories of veterans, VETS and OFCCP use the 
same definitions for common terms found in both rules. Section 61-
300.2(a) of the final rule states that, unless otherwise indicated, the 
terms set forth in part 61-300 have the same meaning as those set forth 
in part 60-300. Accordingly, the definitions pertinent to contract 
coverage under part 61-300 are contained in 41 CFR 60-300.2.
    The term ``Government contract'' is defined at 41 CFR 60-300.2(i) 
as ``any agreement or modification thereof between any contracting 
agency and any person for the purchase, sale, or use of personal 
property or nonpersonal services (including construction).'' A 
``modification'' is ``any alteration in the terms and conditions of a 
contract, including supplemental agreements, amendments and 
extensions.'' 41 CFR 60-300.2(i)(1) JVA applies to Government contracts 
entered on or after December 1, 2003. Because a contract modification 
is a ``Government contract'' JVA applies to modifications of otherwise 
covered contracts made on or after December 1, 2003. Consequently, 
modification of a contract that would otherwise be covered by 41 CFR 
61-300 on or after December 1, 2003, but for the date the contract was 
entered into would have the effect of modifying the VEVRAA reporting 
clause; the new VETS-100A requirements of 41 CFR 61-300 would be 
applicable to the modified contract, rather than the old VETS-100 
requirements of 41 CFR 61-250.
    The effect of contract modification is addressed in Sec.  61-
300.10, which provides that the VETS-100A reporting clause must be 
included in each covered Government contract or subcontract ``and 
modifications, renewals, or extensions thereof if not included in the 
original contract.'' To further clarify the effect of modifying a 
contract on the reporting requirements applicable after modification, 
language has been added to Sec.  61-300.1(a) addressing the issue. In 
the final rule, Sec.  61-300.1(a) has been revised to state ``[e]ach 
contractor or subcontractor who enters into or modifies a contract or 
subcontract on or after December 1, 2003, in the amount of $100,000 or 
more with any department or agency of the United States * * * must 
submit a report according to the requirements of part 61-300.'' In 
addition, Sec.  61-300.1(a) of the final rule states ``[a]ny contractor 
or subcontractor whose only contract with any department or agency * * 
* was entered into before December 1, 2003 (and not modified as 
described above), must follow part 61-250.''
    Paragraph (c) of this section states that reporting requirements of 
part 61-300 will be deemed waived in those instances where the Deputy 
Assistant Secretary for Federal Contract Compliance has granted a 
waiver under 41 CFR 60-300.4(b)(1) (waiver granted in the ``national 
interest'') or under 41 CFR 60-300.4(b)(3) (separate facility waiver). 
Paragraphs (b) and (d) refer to the obligations of contractors to 
comply with the regulations implementing the affirmative action 
provisions of VEVRAA found in 41 CFR part 60-300 that are administered 
by OFCCP.
    Except for the clarification set forth in paragraph (a) regarding 
the reporting requirements that apply to contract modifications entered 
into on or after December 1, 2003, Sec.  61-300.2 is adopted in the 
final rule as proposed.

Section 61-300.2 What definitions apply to this part?

    In the NPRM, VETS proposed to incorporate many of the definitions 
in existing Sec.  61-250.2 without any changes. The proposal called for 
some definitions to be incorporated in Sec.  61-300.2 with 
modifications necessary to implement the JVA. Likewise, some 
definitions in existing Sec.  61-250.2 were not carried over to Sec.  
61-300.2.
    Paragraph (b)(4) defines ``disabled veteran,'' paragraph (b)(5) 
defines ``other protected veteran,'' paragraph (b)(6) defines ``Armed 
Forces service medal veteran,'' paragraph (b)(7) defines ``recently 
separated veteran,'' paragraph (b)(8) defines ``covered veteran,'' and 
paragraph (b)(9) defines the term ``qualified,'' as required by the 
JVA.
    The definition of ``eligibility period'' has not been carried over 
from the part 61-250 regulations because it is not used in this 
regulation. Lastly, a definition for the phrase ``covered incumbent 
veteran,'' has been added to paragraph (b)(14) to provide a shorthand 
phrase that can be used for collectively referring to all categories of 
protected veterans.
    Two comments addressed the proposed definition of the term ``job 
category'' in paragraph (b)(3), which referenced the job categories 
that are used in the EEO-1 Standard Employer Information Report EEO-1 
Report (``EEO-1 Report''). The commenters pointed out that the job 
categories described in proposed paragraph (b)(3) were used for the 
final time in the EEO-1 Report filed for the 2006 reporting period, 
which ended on September 30, 2006. On November 28, 2005, EEOC published 
a notice setting forth the final revisions to the EEO-1 Report (70 FR 
71294), which were approved by OMB following a 30-day period for public 
comment. Employers, including Government contractors with 50 or more 
employees and a contract of $50,000 or more, must use the revised EEO-1 
Report form beginning with the report that must be filed by September 
30, 2007. The approved revisions to the EEO-1 Report include an 
increase in the number of job categories as a result of dividing the 
Officials and Managers category into two subgroups--Executives/Senior 
Level Officials and Managers and First/Mid Level Officials and 
Managers, as well as changes in the definitions of the job categories. 
The

[[Page 28714]]

revisions to the EEO-1 job categories and other changes are discussed 
in the Federal Register notice published on November 28, 2005 (70 FR 
71294); available on EEOC's Web site at https://www.eeoc.gov/eeo1/
index.html.
    The commenters urged VETS to change the definition of job category 
in the final rule to reflect the revised EEO-1 job categories. In 
response to these comments, VETS has revised the definition of ``job 
category'' in paragraph (b)(3) of the final rule. In addition, during 
the course of reviewing the revisions made to EEO-1 job categories we 
noted that the definition of ``employee'' in proposed paragraph (b)(2) 
was consistent with the definition of ``employee'' used in the 2006 
EEO-1 Report, but did not track the definition of that term found in 
the EEO-1 Report for 2007. Accordingly, in the final rule, the 
definition of ``employee'' in paragraph (b)(2) has been revised to 
conform to the definition of ``employee'' adopted in the revised EEO-1 
Report. Finally, VETS added clarifying language to the definitions for 
the terms ``disabled veteran'' in paragraph (b)(4) and ``recently 
separated veteran'' in paragraph (b)(7) to indicate that the reporting 
requirements under VEVRAA apply to veterans of the United States armed 
forces, as opposed to veterans of the armed forces of other nations. 
The definitions for the terms ``other protected veteran'' in paragraph 
(b)(5) and ``Armed Forces service medal veteran'' in paragraph (b)(8) 
already contain this clarification.
    The remaining definitions in Sec.  61-300.2 have been adopted in 
the final rule as proposed.

Section 61-300.10 What reporting requirements apply to Federal 
contractors and subcontractors, and what specific wording must the 
reporting requirements contract clause contain?

    This section is identical to existing Sec.  61-250.10 except for 
updates necessary to implement the JVA. Section 61-300.10 sets forth 
the reporting requirements clause that is to be included in each 
covered Government contract or subcontract (and modifications, 
renewals, or extensions thereof if not included in the original 
contract). Paragraph (a)(1) states that covered contractors and 
subcontractors agree to report at least annually the total number of 
employees who are disabled veterans, other protected veterans, Armed 
Forces service medal veterans, and recently separated veterans. 
Paragraph (a)(1) differs from the parallel provision of part 61-250 in 
that the word ``total'' has been added to clarify that the report must 
reflect the total number of employees in the workforce of the 
contractor.
    Paragraph (b) provides that the required information on veterans' 
employment is to be reported by completing the VETS-100A Report form. 
Paragraph (c), which prescribes the date for filing a VETS-100A Report, 
is the same as the parallel provision in Sec.  61-250.10 except for 
editing to improve readability and designating the name of the report 
as ``VETS-100A Report.''
    Paragraphs (d) and (e) are identical to the parallel provisions in 
Sec.  61.250.10, except that this section references the ``VETS-100A 
Report.'' Paragraph (d) addresses the dates of the reporting period, 
and paragraph (e) discusses the methods contractors may use to acquire 
information about the veterans status of their employees.
    No comments were received on this section. Accordingly, the final 
rule adopts Sec.  61-300.10 as proposed.

Section 61-300.11 On what form must the data required by this part be 
submitted?

    This section states that the data on veterans employment specified 
in the reporting requirements clause set forth in Sec.  61-250.10 must 
be reported on the VETS-100A Report. A major difference between this 
section and existing Sec.  61-250.11 involves the instructions for 
completing the report. Some instructions for completing the VETS-100 
Report are located in the regulations (Sec.  61-250.11) and additional 
instructions are located in the VETS-100 Report form (Appendix A.) The 
instructions for completing the VETS-100A Report are provided only in 
Appendix A (discussed below), and not in the regulations. Paragraph (a) 
provides that a copy of the VETS-100A Report and instructions may be 
found in Appendix A.
    Another difference between this section and existing Sec.  61-
250.11 is that paragraph (a) states that the report is ``provided'' 
annually to contractors who are included in the VETS-100 database, 
while existing Sec.  61-250.11(a) states that the VETS-100 Report is 
``mailed'' annually to contractors who are included in the VETS-100 
database. The use of the term ``provided'' will allow VETS greater 
flexibility in distribution format of the VETS-100A Report. Paragraph 
(a) also states that VETS' failure to provide a contractor with a VETS-
100A Report does not excuse a contractor from the requirement of 
submitting a VETS-100A Report.
    Paragraph (b) is identical to paragraph (b) in existing Sec.  61-
250.11.
    Paragraph (c) contains the same information found in existing 
paragraph (c) of existing Sec.  61-250.11(c), however, the text has 
been simplified in accordance with plain language principles. 
Paragraphs (d) and (e) are also identical to the parallel provisions in 
Sec.  61-250.11, except that an updated Internet address has been 
provided for requesting copies of the VETS-100A Report form.
    Section 61-300.11 is adopted in the final rule without change.

Section 61-300.20 How will DOL determine whether a contractor or 
subcontractor is complying with the requirements of this part?

    This section is identical to existing Sec.  61-250.20. No comments 
were received on this section. Accordingly, it is adopted in the final 
rule as proposed.

Section 61-300.99 What is the OMB control number for this part?

    This section has been revised in the final rule to indicate that 
OMB has assigned Control Number 1293-0005 to the information collection 
requirements of this part.

Appendix A to Part 61-300--Federal Contractor Veterans' Employment 
Report VETS-100A

    Appendix A contains the VETS-100A Report form as well as the 
instructions for completing the report form. Appendix A to the final 
rule differs substantially from Appendix A to the existing part 61-250 
regulations. A section-by-section description of those differences was 
provided in the NPRM's preamble discussion of Appendix A. As was 
previously mentioned, a major difference between the two Appendices is 
that all the instructions for completing the VETS-100A Report form are 
set forth in Appendix A to part 61-300, while the instructions for 
completing the VETS-100 Report are found in both Sec.  61-250.11 and 
Appendix A to part 61-250. Other differences between Appendix A to the 
final rule and Appendix A to the existing part 61-250 regulations 
reflect the changes made by JVA to the contract coverage threshold and 
the categories of covered veterans.
    VETS received a few comments on Appendix A. One commenter noted 
that the VETS-100A Report contained the category ``newly separated 
veterans'' while the term used in the statute and the part 61-300 
regulations is ``recently separated veterans.'' VETS has corrected this 
error in the final rule. Other comments recommended several minor

[[Page 28715]]

technical corrections to the VETS-100A Report form, which have been 
incorporated in the final rule.
    In addition, VETS revised proposed Appendix A to reflect the 
changes made to Sec.  61-300.1(a) and Sec.  61-300.2 in response to the 
public comments. Thus, in the instructions regarding ``Who must file'' 
and ``How to prepare forms'' VETS clarified that modification of an 
otherwise covered contract on or after December 1, 2003, will mean that 
the contractor must comply with the VETS-100A Report requirements of 41 
CFR part 61-300, and not the VETS-100 Report requirements of 41 CFR 
part 61-250. Further, the definition of ``job categories'' set forth in 
the instructions has been changed to reflect the job categories adopted 
in the revised EEO-1 Report, and the revised EEO-1 job categories have 
been added to the VETS-100A Report form set forth in Appendix A.

Regulatory Procedures

Paperwork Reduction Act

    This final rule contains information collection requirements that 
are subject to review by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (PRA). This final rule adopts 
a new set of regulations to implement the JVA amendments to the 
reporting requirements under VEVRAA, and is applicable to covered 
Government contracts entered into or modified on or after December 1, 
2003. The information collection in this final rule relates to the 
requirement under the JVA amendments that contractors track and report 
annually the number of new hires and incumbent employees, by job 
category and hiring location, who are disabled veterans, other 
protected veterans, Armed Forces service medal veterans, and recently 
separated veterans (within three years from the date of discharge or 
release from active duty). This final rule adopts a new form titled the 
``Federal Contractor Veterans'' Employment Report VETS-100A Report'' 
(``VETS-100A Report'') for reporting the information on veterans' 
employment required by the JVA amendments.
    This final rule impacts the information collection request for the 
Federal Contractor Veterans' Employment Report VETS-100 (``VETS-100 
Report'') that is currently approved under OMB No. 1293-0005. The 
existing regulations in 41 CFR part 61-250, which apply to covered 
contracts of $25,000 or more entered into before December 1, 2003, 
require contractors to use the VETS-100 Report for reporting 
information on the number of new hires and incumbent employees who are 
special disabled veterans, veterans of the Vietnam era, other protected 
veterans, and recently separated veterans (within one year from the 
date of discharge or release from active duty). Some contractors with 
Government contracts that were entered into before December 1, 2003, 
are still subject to the VETS-100 reporting requirement in 41 CFR part 
61-250. Therefore, VETS has determined that it will be necessary to 
maintain two sets of regulations to implement the reporting 
requirements under VEVRAA, and use two different forms for providing 
the required information on the employment of covered veterans.
    On October 2, 2007, VETS issued a Federal Register notice (72 FR 
56103) providing a 60-day public comment period under the Paperwork 
Reduction Act (PRA) on its proposal to revise the currently approved 
information collection request for the VETS-100 Report to include the 
VETS-100A Report. In the Federal Register notice, VETS invited the 
public to comment on: (1) Whether the proposed collection of 
information is necessary to the proper performance of the agency, 
including whether the information will have practical utility; (2) the 
accuracy of agency's estimate of the burden of the proposed collection, 
including the validity of the methodology and assumptions used; (3) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (4) ways to minimize the burden of the collection of 
information on those who are to respond, including through the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques, or other forms of information technology.
    One comment was received in response to the 60-day notice from the 
management consulting firm specializing in human resources that also 
submitted comments in response to the NPRM. The consulting firm again 
asserted that the proposed regulations ``would place an enormous burden 
on contractors'' by requiring those contractors that have contracts 
dated prior to December 1, 2003, and contracts dated after that date, 
to file both the VETS-100 Report and the VETS-100A Report. The 
consulting firm maintained that the lack of correlation between the two 
reports places great burden on contractors to collect and maintain two 
sets of data.
    VETS appreciates the burdens imposed on those contractors that are 
required to file both the VETS-100 and the VETS-100A Reports, but the 
agency is constrained to carry out the provisions of the statute. 
However, as previously explained in the preamble, VETS estimates that 
only a small percentage of contractors will be required to file both 
reports. Because a contract modification is a ``Government contract,'' 
modification of a contract that otherwise would be covered under the 
JVA amendments but for the date the contract was entered into renders 
the contract subject to the VETS-100A reporting requirements, rather 
than the VETS-100 reporting requirements. Consequently, VETS estimates 
that the vast majority of contractors (80%) will file either the VETS-
100 Report or the VETS-100A Report, but not both.
    The consulting firm also argued that it is burdensome for 
contractors to report on the VETS-100A Report the total number of 
employees in the workforce, when there is no such requirement under the 
VETS-100 Report. The JVA amendments to VEVRAA require that contractors 
report on the total number of employees in their workforces by job 
category and hiring location, and the VETS-100A merely implements the 
statutory requirement. The VETS-100 Report implements the reporting 
requirements prior to amendment by the JVA, which did not call for 
contractors to report on their total employment. Further, the 
consulting firm asserted that the proposed regulations do not provide 
clear guidance on what contractors are obligated to do to comply with 
the proposed new regulations. However, VETS maintains that the final 
regulations and the instructions for completing the VETS-100A Report 
adequately explain what is required for reporting on veterans' 
employment. VETS will provide additional technical support through the 
https://www.VETS100.com Web site to further assist contractors in 
understanding the reporting requirements.
    Finally, the consulting firm maintained that the Department 
``substantially underestimated'' the time and costs for contractors 
required to comply with reporting requirements of two sets of 
regulations. We disagree. The consulting firm seemed to believe that 
most contractors will have to file both the VETS-100 and VETS-100A 
Reports, but as explained above, VETS estimates that fewer contractors 
will be subject to filing both the VETS-100 and the VETS-100A Reports 
than the consulting firm's comment suggests. Further, that number will 
decrease as the contracts entered into before December 1, 2003, are 
either completed or modified.
    On February 15, 2008, VETS submitted the information collection

[[Page 28716]]

request for the VETS-100 and the VETS-100A Reports to the Office of 
Management and Budget (OMB) for review and clearance in accordance with 
the PRA. VETS also published a notice in the Federal Register (73 FR 
8905, February 15, 2008) advising the public the information collection 
request for the VETS-100 and VETS-100A Reports had been submitted to 
OMB, and inviting the public to submit comments within 30 days. In its 
final submission to OMB, VETS estimated that a total of 264,000 reports 
will be filed annually and that the total annual filing burden will be 
156,000 hours. On April 23, 2008, OMB approved the information 
collection request for the VETS-100 Report and the VETS-100A Report 
under OMB Control Number 1293-0005.

Executive Order 12866

    The Department is issuing this final rule in conformance with 
Executive Order 12866, section 1(b), Principles of Regulation. The 
Department has determined that this rule is a ``significant regulatory 
action'' under Executive Order 12866, section 3(f), Regulatory Planning 
and Review, but is not economically significant as defined in section 
3(f)(1). Therefore, the information enumerated in section 6(a)(3)(C) of 
the order is not required. Pursuant to Executive Order 12866, this rule 
has been reviewed by the Office of Management and Budget.

Unfunded Mandates

    Executive Order 12875--This rule will not create an unfunded 
Federal Mandate upon any State, local, or tribal government.
    Unfunded Mandate Reform Act of 1995--This rule does not include any 
Federal mandate that may result in increased expenditures by State, 
local and tribal governments in the aggregate of $100 million or more, 
or increased expenditures by the private sector of $100 million or 
more.

Executive Order 13132, Federalism

    The Department has reviewed this rule in accordance with Executive 
Order 13132 regarding federalism, and has determined that it does not 
have ``federalism implications.'' This rule does not ``have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''

Regulatory Flexibility Act

    This rule does not substantively change existing reporting 
requirements for Federal contractors. Therefore, the Department 
concludes that this rule will not have a significant economic impact on 
a substantial number of small entities. The Secretary has certified to 
the Chief Counsel for Advocacy of the Small Business Administration to 
this effect. Therefore, a regulatory flexibility analysis under the 
Regulatory Flexibility Act is not required.

List of Subjects in 41 CFR Part 61-300

    Government contracts, Reporting and recordkeeping requirements, 
Veterans.

    Signed at Washington, DC, this 12th day of May, 2008.
John M. McWilliam,
Deputy Assistant Secretary of Labor for Veterans' Employment and 
Training Service.

0
Accordingly, for the reasons stated in the preamble, Chapter 61 of 
Title 41 of the Code of Federal Regulations is amended by adding part 
61-300 to read as follows:

PART 61-300--ANNUAL REPORT FROM FEDERAL CONTRACTORS

Sec.
61-300.1 What are the purpose and scope of this part?
61-300.2 What definitions apply to this part?
61-300.10 What reporting requirements apply to Federal contractors 
and subcontractors, and what specific wording must the reporting 
requirements contract clause contain?
61-300.11 On what form must the data required by this part be 
submitted?
61-300.20 How will DOL determine whether a contractor or 
subcontractor is complying with the requirements of this part?
61-300.99 What is the OMB control number for this part?
Appendix A to Part 61-300--Federal Contractor Veterans' Employment 
Report VETS-100A

    Authority: 38 U.S.C. 4211 and 4212.


Sec.  61-300.1  What are the purpose and scope of this part?

    (a) This part 61-300 implements 38 U.S.C. 4212(d) as amended by the 
Jobs for Veterans Act. Each contractor or subcontractor who enters into 
or modifies a contract or subcontract on or after December 1, 2003, in 
the amount of $100,000 or more with any department or agency of the 
United States for the procurement of personal property and non-personal 
services (including construction), and who is subject to 38 U.S.C. 
4212(a), must submit a report according to the requirements of part 61-
300. Any contractor or subcontractor whose only contract with any 
department or agency of the United States for the procurement of 
personal property and non-personal services (including construction) 
was entered into before December 1, 2003 (and not modified as described 
above) must follow part 61-250 implementing 38 U.S.C. 4212(d). Any 
contractor or subcontractor who has both a contract subject to part 61-
250 and a contract subject to part 61-300 is required to file both the 
VETS-100 Report and the VETS-100A Report.
    (b) Notwithstanding the regulations in this part, the regulations 
at 41 CFR part 60-300, administered by OFCCP continue to apply to 
contractors' and subcontractors' affirmative action obligations 
regarding veterans.
    (c) Reporting requirements of this part regarding veterans will be 
deemed waived in those instances in which the Deputy Assistant 
Secretary, OFCCP, has granted a waiver under 41 CFR 60-300.4(b)(1), or 
has concurred in the granting of a waiver under 41 CFR 60-300.4(b)(3), 
from compliance with all the terms of the equal opportunity clause for 
those establishments not involved in Government contract work. Where 
OFCCP grants only a partial waiver, compliance with these reporting 
requirements regarding veterans will be required.
    (d) 41 CFR 60-300.42 and Appendix B to part 60-300 provide guidance 
concerning the affirmative action obligations of Federal contractors 
and subcontractors toward applicants for employment who are qualified 
covered veterans.


Sec.  61-300.2  What definitions apply to this part?

    (a) For the purposes of this part, and unless otherwise indicated 
in paragraph (b) of this section, the terms set forth in this part have 
the same meaning as those set forth in 41 CFR part 60-300.
    (b) For purposes of this part:
    (1) Hiring location (this definition is identical to establishment 
as defined by the instructions for completing Employer Information 
Report EEO-1, Standard Form 100 (EEO-1 Report)) means an economic unit 
which produces goods or services, such as a factory, office, store, or 
mine. In most instances the establishment is at a single physical 
location and is engaged in one, or predominantly one, type of economic 
activity. Units at different locations, even though engaged in the same 
kind of business operation, should be reported as separate 
establishments. For locations involving construction, transportation, 
communications, electric, gas, and sanitary services, oil and gas 
fields, and similar types of physically dispersed industrial 
activities, however, it is not necessary to list separately each 
individual site,

[[Page 28717]]

project, field, line, etc., unless it is treated by the contractor as a 
separate legal entity. For these physically dispersed activities, list 
as establishments only those relatively permanent main or branch 
offices, terminals, stations, etc., which are either:
    (i) Directly responsible for supervising such dispersed activities; 
or
    (ii) The base from which personnel and equipment operate to carry 
out these activities. (Where these dispersed activities cross State 
lines, at least one such establishment should be listed for each State 
involved.)
    (2) Employee means any individual on the payroll of an employer who 
is an employee for purposes of the employer's withholding of Social 
Security taxes except insurance sales agents who are considered to be 
employees for such purposes solely because of the provisions of 26 
U.S.C. 3121(d)(3)(B) (the Internal Revenue Code). Leased employees are 
included in this definition. Leased employee means a permanent employee 
provided by an employment agency for a fee to an outside company for 
which the employment agency handles all personnel tasks including 
payroll, staffing, benefit payments and compliance reporting. The 
employment agency shall, therefore, include leased employees in its 
VETS-100A Report. The term employee shall not include persons who are 
hired on a casual basis for a specified time, or for the duration of a 
specified job (for example, persons at a construction site whose 
employment relationship is expected to terminate with the end of the 
employee's work at the site); persons temporarily employed in any 
industry other than construction, such as temporary office workers, 
mariners, stevedores, lumber yard workers, etc., who are hired through 
a hiring hall or other referral arrangement, through an employee 
contractor or agent, or by some individual hiring arrangement, or 
persons (except leased employees) on the payroll of an employment 
agency who are referred by such agency for work to be performed on the 
premises of another employer under that employer's direction and 
control.
    (3) Job category means any of the following: Officials and managers 
(Executive/Senior Level Officials and Managers and First/Mid Level 
Officials and Managers), professionals, technicians, sales workers, 
administrative support workers, craft workers, operatives, laborers and 
helpers, and service workers, as required by the Employer Information 
Report EEO-1, Standard Form 100 (EEO-1 Report), as follows:
    (i) Officials and managers as a whole is to be divided into the 
following two subcategories: Executive/Senior Level Officials and 
Managers and First/Mid Level Officials and Managers.
    (A) Executive/Senior Level Officials and Managers means individuals 
who plan, direct and formulate policies, set strategy and provide the 
overall direction of enterprises/organizations for the development and 
delivery of products and services, within the parameters approved by 
boards of directors of other governing bodies. Residing in the highest 
levels of organizations, these executives plan, direct, or coordinate 
activities with the support of subordinate executives and staff 
managers. They include, in larger organizations, those individuals 
within two reporting levels of the CEO, whose responsibilities require 
frequent interaction with the CEO. Examples of these kinds of managers 
are: Chief executive officers, chief operating officers, chief 
financial officers, line of business heads, presidents or executive 
vice presidents of functional areas or operating groups, chief 
information officers, chief human resources officers, chief marketing 
officers, chief legal officers, management directors and managing 
partners.
    (B) First/Mid Level Officials and Managers means individuals who 
serve as managers, other than those who serve as Executive/Senior Level 
Officials and Managers, including those who oversee and direct the 
delivery of products, services or functions at group, regional or 
divisional levels of organizations. These managers receive directions 
from Executive/Senior Level management and typically lead major 
business units. They implement policies, programs and directives of 
Executive/Senior Level management through subordinate managers and 
within the parameters set by Executives/Senior Level management. 
Examples of these kinds of managers are: Vice presidents and directors; 
group, regional or divisional controllers; treasurers; and human 
resources, information systems, marketing, and operations managers. The 
First/Mid Level Officials and Managers subcategory also includes those 
who report directly to middle managers. These individuals serve at 
functional, line of business segment or branch levels and are 
responsible for directing and executing the day-to-day operational 
objectives of enterprises/organizations, conveying the directions of 
higher level officials and managers to subordinate personnel and, in 
some instances, directly supervising the activities of exempt and non-
exempt personnel. Examples of these kinds of managers are: First-line 
managers; team managers; unit managers; operations and production 
managers; branch managers; administrative services managers; purchasing 
and transportation managers; storage and distribution managers; call 
center or customer service managers; technical support managers; and 
brand or product managers.
    (ii) Professionals means individuals in positions that require 
bachelor and graduate degrees, and/or professional certification. In 
some instances, comparable experience may establish a person's 
qualifications. Examples of these kinds of positions include: 
Accountants and auditors; airplane pilots and flight engineers; 
architects; artists; chemists; computer programmers; designers; 
dieticians; editors; engineers; lawyers; librarians; mathematical 
scientists; natural scientists; registered nurses; physical scientists; 
physicians and surgeons; social scientists; teachers; and surveyors.
    (iii) Technicians means individuals in positions that include 
activities requiring applied scientific skills, usually obtained by 
post secondary education of varying lengths, depending on the 
particular occupation, recognizing that in some instances additional 
training, certification, or comparable experience is required. Examples 
of these types of positions include: Drafters; emergency medical 
technicians; chemical technicians; and broadcast and sound engineering 
technicians.
    (iv) Sales workers means individuals in positions including non-
managerial activities that wholly and primarily involve direct sales. 
Examples of these types of positions include: Advertising sales agents; 
insurance sales agents; real estate brokers and sales agents; wholesale 
sales representatives; securities, commodities, and financial services 
sales agents; telemarketers; demonstrators; retail salespersons; 
counter and rental clerks; and cashiers.
    (v) Administrative support workers means individuals in positions 
involving non-managerial tasks providing administrative and support 
assistance, primarily in office settings. Examples of these types of 
positions include: Office and administrative support workers; 
bookkeeping; accounting and auditing clerks; cargo and freight agents; 
dispatchers; couriers; data entry keyers; computer operators; shipping, 
receiving and traffic clerks; word processors and typists;

[[Page 28718]]

proofreaders; desktop publishers; and general office clerks.
    (vi) Craft Workers means individuals in positions that include 
higher skilled occupations in construction (building trades craft 
workers and their formal apprentices) and natural resource extraction 
workers. Examples of these types of positions include: Boilermakers; 
brick and stone masons; carpenters; electricians; painters (both 
construction and maintenance); glaziers; pipelayers, plumbers, 
pipefitters and steamfitters; plasterers; roofers; elevator installers; 
earth drillers; derrick operators; oil and gas rotary drill operators; 
and blasters and explosive workers. This category also includes 
occupations related to the installation, maintenance and part 
replacement of equipment, machines and tools, such as: Automotive 
mechanics; aircraft mechanics; and electric and electronic equipment 
repairers. This category also includes some production occupations that 
are distinguished by the high degree of skill and precision required to 
perform them, based on clearly defined task specifications, such as: 
Millwrights; etchers and engravers; tool and die makers; and pattern 
makers.
    (vii) Operatives means individuals in intermediate skilled 
occupations and includes workers who operate machines or factory-
related processing equipment. Most of these occupations do not usually 
require more than several months of training. Examples include: Textile 
machine workers; laundry and dry cleaning workers; photographic process 
workers; weaving machine operators; electrical and electronic equipment 
assemblers; semiconductor processors; testers, graders and sorters; 
bakers; and butchers and other meat, poultry and fish processing 
workers. This category also includes occupations of generally 
intermediate skill levels that are concerned with operating and 
controlling equipment to facilitate the movement of people or 
materials, such as: Bridge and lock tenders; truck, bus or taxi 
drivers; industrial truck and tractor (forklift) operators; parking lot 
attendants; sailors; conveyor operators; and hand packers and 
packagers.
    (viii) Laborers and Helpers means individuals with more limited 
skills who require only brief training to perform tasks that require 
little or no independent judgment. Examples include: Production and 
construction worker helpers; vehicle and equipment cleaners; laborers; 
freight, stock and material movers; service station attendants; 
construction laborers; refuse and recyclable materials collectors; 
septic tank servicers; and sewer pipe cleaners.
    (ix) Service Workers means individuals in positions that include 
food service, cleaning service, personal service, and protective 
service activities. Skill may be acquired through formal training, job-
related training or direct experience. Examples of food service 
positions include: Cooks; bartenders; and other food service workers. 
Examples of personal service positions include: Medical assistants and 
other healthcare support positions; hairdressers; ushers; and 
transportation attendants. Examples of cleaning service positions 
include: Cleaners; janitors; and porters. Examples of protective 
service positions include: Transit and railroad police and fire 
fighters; guards; private detectives and investigators.
    (4) Disabled veteran means:
    (i) A veteran of the U.S. military, ground, naval or air service 
who is entitled to compensation (or who but for the receipt of military 
retired pay would be entitled to compensation) under laws administered 
by the Secretary of Veterans Affairs, or
    (ii) A person who was discharged or released from active duty 
because of a service-connected disability.
    (5) Other protected veteran means a veteran who served on active 
duty in the U.S. military, ground, naval, or air service during a war 
or in a campaign or expedition for which a campaign badge has been 
authorized under the laws administered by the Department of Defense.
    (6) Armed forces service medal veteran means a veteran who, while 
serving on active duty in the U.S. military, ground, naval or air 
service, participated in a United States military operation for which 
an Armed Forces service medal was awarded pursuant to Executive Order 
12985 (61 FR 1209, 3 CFR, 1996 Comp., p. 159).
    (7) Recently separated veteran means a veteran during the three-
year period beginning on the date of such veteran's discharge or 
release from active duty in the U.S. military, ground, naval or air 
service.
    (8) Covered veteran means a veteran as defined in paragraphs (b)(4) 
through (b)(7) of this section.
    (9) Qualified means, with respect to an employment position, having 
the ability to perform the essential functions of the position with or 
without reasonable accommodation for an individual with a disability.
    (10) OFCCP means the Office of Federal Contract Compliance 
Programs, Employment Standards Administration, U.S. Department of 
Labor.
    (11) VETS means the Office of the Assistant Secretary for Veterans' 
Employment and Training Service, U.S. Department of Labor.
    (12) States means each of the several States of the United States, 
the District of Columbia, the Virgin Islands, the Commonwealth of 
Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern 
Mariana Islands, Wake Island, and the Trust Territories of the Pacific 
Islands.
    (13) NAICS means the North American Industrial Classification 
System.
    (14) Covered incumbent veteran means a veteran as defined in 
paragraphs (b)(4) through (b)(7) of this section who is employed by a 
covered contractor.


Sec.  61-300.10  What reporting requirements apply to Federal 
contractors and subcontractors, and what specific wording must the 
reporting requirements contract clause contain?

    Each contractor or subcontractor described in Sec.  61-300.1 must 
submit reports in accordance with the following reporting clause, which 
must be included in each of its covered government contracts or 
subcontracts (and modifications, renewals, or extensions thereof if not 
included in the original contract). Such clause is considered as an 
addition to the equal opportunity action clause required by 41 CFR 60-
300.5. The reporting requirements clause is as follows:

Employment Reports on Disabled Veterans, Other Protected Veterans, 
Armed Forces Service Medal Veterans, and Recently Separated Veterans

    (a) The contractor or subcontractor agrees to report at least 
annually, as required by the Secretary of Labor, on:
    (1) The total number of employees in the workforce of such 
contractor or subcontractor, by job category and hiring location, 
and the number of such employees by job category and hiring 
location, who are disabled veterans, other protected veterans, Armed 
Forces service medal veterans, and recently separated veterans;
    (2) The total number of new employees hired by the contractor or 
subcontractor during the period covered by the report, and of such 
employees, the number who are disabled veterans, other protected 
veterans, Armed Forces service medal veterans, and recently 
separated veterans; and
    (3) The maximum number and minimum number of employees of such 
contractor or subcontractor at each hiring location during the 
period covered by the report.
    (b) The above items must be reported by completing the form 
entitled ``Federal Contractor Veterans'' Employment Report VETS-
100A.''
    (c) VETS-100A Reports must be submitted no later than September 
30 of each year following a calendar year in which a contractor or 
subcontractor held a covered contract or subcontract.

[[Page 28719]]

    (d) The employment activity report required by paragraphs (a)(2) 
and (a)(3) of this clause must reflect total new hires and maximum 
and minimum number of employees during the 12-month period preceding 
the ending date that the contractor selects for the current 
employment report required by paragraph (a)(1) of this clause. 
Contractors may select an ending date: (1) As of the end of any pay 
period during the period July 1 through August 31 of the year the 
report is due; or (2) as of December 31, if the contractor has 
previous written approval from the Equal Employment Opportunity 
Commission to do so for purposes of submitting the Employer 
Information Report EEO-1, Standard Form 100 (EEO-1 Report).
    (e) The number of veterans reported according to paragraph (a) 
above must be based on data known to contractors and subcontractors 
when completing their VETS-100A Reports. Contractors' and 
subcontractors' knowledge of veterans status may be obtained in a 
variety of ways, including, in response to an invitation to 
applicants to self-identify in accordance with 41 CFR 60-300.42, 
voluntary self-disclosures by covered incumbent veterans, or actual 
knowledge of an employee's veteran status by a contractor or 
subcontractor. Nothing in this paragraph (e) relieves a contractor 
from liability for discrimination under 38 U.S.C. 4212.


Sec.  61-300.11  On what form must the data required by this part be 
submitted?

    (a) Data items required in paragraph (a) of the contract clause set 
forth in Sec.  61-300.10 must be reported for each hiring location on 
the VETS-100A Report. This form is provided annually to those 
contractors who are included in the VETS-100 database. VETS failure to 
provide a contractor with a VETS-100A Report does not excuse the 
contractor from the requirement to submit a VETS-100A Report. The form, 
and instructions for preparing it, are set forth in Appendix A to 41 
CFR part 61-300--Federal Contractor Veterans' Employment Report VETS-
100A and Instructions.
    (b) Contractors and subcontractors that submit computer-generated 
output for more than 10 hiring locations to satisfy their VETS-100A 
reporting obligations must submit the output in the form of an 
electronic file. This file must comply with current Department of Labor 
specifications for the layout of these records, along with any other 
specifications established by the Department for the applicable 
reporting year. Contractors and subcontractors that submit VETS-100A 
Reports for 10 locations or less are exempt from this requirement, but 
are strongly encouraged to submit an electronic file. In these cases, 
state consolidated reports count as one location each.
    (c) VETS-100A Reports must be submitted no later than September 30 
of each year following a calendar year in which a contractor or 
subcontractor held a covered contract or subcontract.
    (d) VETS or its designee will use all available information to 
distribute the required forms to contractors identified as subject to 
the requirements of this part.
    (e) It is the responsibility of each contractor or subcontractor to 
obtain necessary supplies of the VETS-100A Report before the annual 
September 30 filing deadline. Contractors and subcontractors who do not 
receive forms should request them in time to meet the deadline. VETS-
100A Report forms may be obtained by mailing a request to: Office of 
the Assistant Secretary for Veterans' Employment and Training, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210, Attn: VETS-100A Report Form Request; or on the Internet at the 
Internet address https://vets.dol.gov/vets100/vets100login.htm.


Sec.  61-300.20  How will DOL determine whether a contractor or 
subcontractor is complying with the requirements of this part?

    During the course of a compliance evaluation, OFCCP may determine 
whether a contractor or subcontractor