59684 Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Proposed Rules

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.

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, email 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-bySection 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. § 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

Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Proposed Rules 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 computergenerated 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

59686 Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Proposed Rules

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 selfidentify, 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:

Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Proposed Rules 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).

§ 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 § 61–

250.10 of this part.

(b) Except as noted in § 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.

§ 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,

59688 Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Proposed Rules

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.

§ 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 § 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

Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Proposed Rules 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.

§ 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

§ 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.

59690 Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Proposed Rules

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 cashiercheckers, and kindred workers.

Office and clerical includes all clericaltype work regardless of level of difficulty,

where the activities are predominantly nonmanual 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

newcompany@vets100.com, 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

§ 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 § 61–250.2, and who wish to

benefit under the affirmative action

program at 38 U.S.C. 4212, to identify

Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Proposed Rules 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.

§ 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.

§ 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.

BILLING CODE 4510–79–P

59692 Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Proposed Rules

Appendix A to Part 61–250

Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Proposed Rules 59693

[FR Doc. 00–25446 Filed 10–4–00; 8:45 am]

BILLING CODE 4510–79–C