[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Rules and Regulations]
[Pages 1986-1987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-209]




[[Page 1985]]

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Part XII





Department of Labor





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Office of Federal Contract Compliance Programs



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41 CFR Part 60-250



Affirmative Action Obligations of Contractors and Subcontractors for 
Disabled Veterans and Veterans of the Vietnam Era; Final Rule

  Federal Register / Vol. 60, No. 3 / Thursday, January 5, 1995 / Rules 
and Regulations   
[[Page 1986]]

DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs

41 CFR Part 60-250

RIN 1215-AA62


Affirmative Action Obligations of Contractors and Subcontractors 
for Disabled Veterans and Veterans of the Vietnam Era

AGENCY: Office of Federal Contract Compliance Programs, Labor.

ACTION: Final rule.

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SUMMARY: This final rule incorporates a statutory change in the 
definition of ``veteran of the Vietnam era'' as that definition relates 
to Federal contractors' and subcontractors' affirmative action 
obligations with respect to such veterans, by eliminating the coverage 
cut-off date of December 31, 1994. This rule also incorporates a 
statutory change in the mandatory job listing provision by eliminating 
the $25,000 per year salary ceiling and otherwise broadening the scope 
of job openings that must be listed with the state employment service 
by Federal contractors and subcontractors.

EFFECTIVE DATE: This regulation is effective January 5, 1995.

FOR FURTHER INFORMATION CONTACT:
Annie A. Blackwell, Director, Division of Policy, Planning and Program 
Development, Office of Federal Contract Compliance Programs, Room C-
3325, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone 
(202) 219-9430 (voice) and 1-800-326-2577 (TDD). Copies of this final 
rule are available in the following formats: electronic file on 
computer disk, large print and audio tape. They may be obtained at the 
above office.

SUPPLEMENTARY INFORMATION:

A. Veteran of the Vietnam Era

    Before it was amended in 1992, the affirmative action provisions of 
the Vietnam Era Veterans' Readjustment Assistance Act at 38 U.S.C. 4212 
(Section 4212 or VEVRAA) contained a sunset provision in the definition 
of ``veteran of the Vietnam era'' that stipulated that no veteran could 
be considered a ``veteran of the Vietnam era'' for the purposes of the 
law after December 31, 1994. This sunset provision is codified in our 
current regulatory definition of ``veteran of the Vietnam era'' found 
at 41 CFR 60-250.2.
    Section 502 of the Veterans' Benefits Act of 1992 (Pub. L. 102-568, 
106 Stat. 4320, 4340 (1992)), repealed the December 31, 1994, sunset 
date. The regulation published today amends OFCCP's definition of 
``veteran of the Vietnam era'' to make it consistent with the 1992 
amendment.

B. Mandatory Listing

    Prior to amendments in 1994, Section 4212 required that Federal 
contractors and subcontractors covered by the Act must list ``all * * * 
suitable employment openings'' with the appropriate local employment 
service office. The Act required those offices, in turn, to give 
priority referrals to veterans for such openings. This obligation to 
list job openings with the local employment service office is often 
referred to as the ``mandatory listing'' requirement. Although Section 
4212 did not define the term ``all * * * suitable employment 
openings,'' this term was defined in OFCCP's regulations at 41 CFR 60-
250.4(h).
    Section 702(a) of the Veterans' Benefits Improvements Act of 1994 
(Pub. L. 103-446, 108 Stat. 4645, 4674 (1994)) expanded the scope of 
employment openings to be listed with the state employment service 
office by dropping the word ``suitable'' from the statutory phrase 
``all * * * suitable employment openings,'' broadly defining the term 
``all * * * employment openings,'' and limiting the exceptions to the 
mandatory listing requirement. The amendment eliminated the salary 
ceiling of $25,000 per year which was in the OFCCP regulations, and now 
requires the listing of all employment openings except executive and 
top management positions, positions that will be filled from within the 
contractor's organization, and positions lasting three days or less. 
The regulation published today amends the regulations prescribing the 
employment openings to be listed with the state employment service to 
make them consistent with the 1994 amendment.
    The statutory amendments to the mandatory listing requirement do 
not include all of the exceptions to mandatory listing permitted by 
OFCCP in its current implementing regulations. Today's final rule 
incorporates only those exceptions to mandatory listing that are 
contained in the 1994 amendment.
    One exception to mandatory listing expressly contained in the 
current regulations, but not expressly stated in the 1994 amendment, is 
an exception for openings in an educational institution which are 
restricted to students of that institution. In OFCCP's view, such 
openings fall within the exception to mandatory listing for openings 
for positions that will be filled from within the contractor's 
organization.

Waiver of Proposed Rulemaking

    This rule is a nondiscretionary, ministerial action which merely 
incorporates, without change, two statutory amendments into pre-
existing regulations. Publication in proposed form serves no useful 
purpose, and therefore is unnecessary within the meaning of the 
Administrative Procedure Act (5 U.S.C. 553(b)(B)). We, therefore, find 
good cause to waive notice of proposed rulemaking.

Effective Date

    Pursuant to 5 U.S.C. 553(d) the undersigned has determined that 
good cause exists for waiving the customary requirement for delay in 
the effective date of a final rule for 30 days following its 
publication. This determination is based upon the fact that this rule 
is a nondiscretionary, ministerial action which merely incorporates, 
without change, a statutory amendment into preexisting regulations. 
Accordingly, this regulation will be effective upon publication.

Executive Order 12866

    This final rule is not a significant regulatory action within the 
meaning of Executive Order 12866 and, therefore, is not subject to 
review by the Office of Management and Budget.

Paperwork Reduction Act

    Because this rule does not contain information collection 
requirements, it is not subject to approval by the Office of Management 
and Budget pursuant to the Paperwork Reduction Act.

List of Subjects in 41 CFR Part 60-250

    Administrative practice and procedure, Civil rights, Employment, 
Equal employment opportunity, Government contracts, Government 
procurement, Investigations, Veterans.

    Signed at Washington, DC, on this 29th day of December 1994.
Robert B. Reich,
Secretary of Labor.
Bernard E. Anderson,
Assistant Secretary for Employment Standards.
Shirley J. Wilcher,
Deputy Assistant Secretary, Office of Federal Contract Compliance 
Programs.

PART 60-250--[AMENDED]

    For the reasons set forth above, 41 CFR part 60-250 is amended as 
set forth below. [[Page 1987]] 
    1. The authority citation for part 60-250 is revised to read as 
follows:

    Authority: 38 U.S.C. 4211 and 4212; 29 U.S.C. 793; Executive 
Order 11758 (39 FR 2075, January 15, 1974); 3 CFR 1971-1975 Comp. p. 
841); Pub. L. 102-568 and P.L. 103-446.

    2. Section 60-250.2 is amended by revising the definition of 
``Veteran of the Vietnam era'' to read as follows:


Sec. 60-250.2  Definitions.

* * * * *
    Veteran of the Vietnam era means a person who:
    (1) Served on active duty for a period of more than 180 days, any 
part of which occurred between August 5, 1964, and May 7, 1975, and was 
discharged or released therefrom with other than a dishonorable 
discharge, or
    (2) Was discharged or released from active duty for a service-
connected disability if any part of such active duty was performed 
between August 5, 1964, and May 7, 1975.
* * * * *
    3. Section 60-250.4 is amended by revising paragraphs (b) and (h) 
of the Affirmative Action clause to read as follows:


Sec. 60-250.4  Affirmative action clause.

* * * * *
    (a) * * *
    (b) The contractor agrees to list all employment openings which 
exist at the time of the execution of this contract and those which 
occur during the performance of this contract, including those not 
generated by this contract and including those occurring at an 
establishment of the contractor other than the one wherein the 
contract is being performed, but excluding those of independently 
operated corporate affiliates, at an appropriate local office of the 
State employment service system wherein the opening occurs.
* * * * *
    (h) As used in this clause: (1) ``All employment openings'' 
includes all positions except executive and top management, those 
positions that will be filled from within the contractor's 
organization, and positions lasting three days or less. This term 
includes full-time employment, temporary employment of more than 
three days' duration, and part-time employment.
    (2) ``Appropriate office of the state employment service 
system'' means the local office of the Federal-state national system 
of public employment offices with assigned responsibility for 
serving the area where the employment opening is to be filled, 
including the District of Columbia, Guam, the Commonwealth of Puerto 
Rico, and the Virgin Islands.
    (3) ``Positions that will be filled from within the contractor's 
organization'' means employment openings for which no consideration 
will be given to persons outside the contractor's organization 
(including any affiliates, subsidiaries, and parent companies) and 
includes any openings which the contractor proposes to fill from 
regularly established ``recall'' lists. The exception does not apply 
to a particular opening once an employer decides to consider 
applicants outside of his or her own organization.
* * * * *
[FR Doc. 95-209 Filed 1-4-95; 8:45 am]
BILLING CODE 4510-27-M