[Federal Register Volume 66, Number 197 (Thursday, October 11, 2001)]
[Rules and Regulations]
[Pages 51998-52008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25232]



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Part II





Department of Labor





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Veterans' Employment and Training Service



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41 CFR Part 61-250



Annual Report From Federal Contractors; Final Rule

  Federal Register / Vol. 66, No. 197 / Thursday, October 11, 2001 / 
Rules and Regulations  

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DEPARTMENT OF LABOR

Veterans' Employment and Training Service

41 CFR Part 61-250

RIN 1293-AA07


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 issuing a 
final rule amending regulations to conform to provisions of the 
Veterans Employment Opportunity Act of 1998 (``VEOA''). VEOA amended 
the Vietnam Era Veterans' Readjustment Act of 1974, as amended 
(``VEVRAA''). The current implementing regulations require all 
contractors and subcontractors with Federal contracts in excess of 
$10,000 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 
implements those changes, along with other changes that either are 
required by VEOA or will improve the administration of the related 
veterans' programs.

EFFECTIVE DATE: This regulation is effective November 13, 2001.

FOR FURTHER INFORMATION CONTACT: Norm Lance, Chief of Investigations 
and Compliance Division, VETS, at (202) 693-4731 or by e-mail at [email protected]. Individuals with hearing impairments may call (800) 
670-7008 (TTY/TDD).

SUPPLEMENTARY INFORMATION: The preamble to this final rule is organized 
as follows:
    I. Background--provides a brief description of the development 
of this final rule.
    II. Authority--cites the statutory provisions supporting this 
final rule.
    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

    The Veterans Employment Opportunity Act was signed into law in 
October 1998. The statute extended the affirmative action and reporting 
responsibilities of Federal contractors and subcontractors. Prior to 
amendment, VEVRAA protected two classes of veterans: veterans of the 
Vietnam era and special disabled veterans. VEOA extended VEVRAA 
protections to a class of ``other protected veterans,'' that is, any 
veteran 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 the maximum number and the minimum number of 
persons they employed during the reporting period to the Secretary of 
Labor.
    This rule also codifies the 1998 change in the annual deadline for 
submission of the VETS-100 Report from March 31 to September 30. This 
change aligns the VETS-100 reporting cycle to that of the Employer 
Information Report EEO-1, Standard Form 100 (EEO-1 Report). VETS 
believes this change will reduce the reporting burden on contractors 
and subcontractors.
    The final rule incorporates the above substantive changes and 
additional stylistic and/or phrasing changes. The latter changes were 
prompted by the June 1, 1998, Presidential Memorandum on Plain 
Language, which instructed Federal Departments and Agencies to write 
regulations in language understandable to most people. Accordingly, 
VETS has reworded subsection topic header statements into the form of 
questions, replaced the term ``shall'' with ``must'' (to indicate an 
obligation) or ``will'' (to indicate a future action), as appropriate, 
and altered the wording of the regulations in other ways, as described 
below in Section III, ``Section-by-Section Review of the Rule.'' These 
changes are intended to enhance the readability and usefulness of the 
regulations.
    On November 1, 2000, the Veterans Benefits and Health Care 
Improvement Act of 2000, Public Law (PL) 106-419 was signed. This act 
adds an additional group of protected veterans, ``recently separated 
veterans,'' to the list of veterans protected by VEVRAA. The statute 
defines a recently separated veteran as ``any veteran during the one-
year period beginning on the date of such veteran's discharge or 
release from active duty.'' VETS is developing a Federal Register 
Notice proposing a rule for reporting about this newly protected group 
of veterans in the VETS-100 Report.

II. Authority

Statutory Authority
    The statutory authority for this final rule is 38 U.S.C. 101 et 
seq., Pub. L. 93-508, 88 Stat. 1578, VEVRAA as amended.

III. Development of the Final Rule

    On October 5, 2000, the Veterans' Employment and Training Service 
published a Notice of Proposed Rulemaking (NPRM) to implement changes 
to the existing regulations. A 60-day comment period, ending on 
December 5, 2000, was provided for those interested in submitting 
comments.
    We received comments from four organizations representing employers 
either as employer associations or human resource associations. 
Generally, the comments requested clarification of issues or asserted 
difficulty in reporting information required by VEOA. Two comments 
addressed the relationship between the current Office of Federal 
Contract Compliance Programs (OFCCP) VEVRAA regulations and the 
proposed rule. All of the commentators provided recommended changes to 
the proposed rule.
    We appreciate receiving the thoughtful comments. We have seriously 
considered all concerns and recommendations and have made several 
changes in the final rule based on the comments. The comments and 
changes are discussed in detail below. Briefly, however, we have:
     Provided guidance in counting minimum and maximum number 
of employees.
     Deleted the instructions concerning when employers may ask 
special disabled veterans to self-identify.
     Provided guidance on the change from the Standard 
Industrial Code (SIC) to the North American Industrial Classification 
System (NAICS).
     Clarified ``computer generated output'' and which 
employers may submit reports via the Internet.

IV. 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 United States 
Code have been corrected to reflect the numbering changes affected by 
VEOA and the Veterans' Benefit Improvement

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Act of 1996 (VBIA); similarly, references to the regulations 
promulgated by the OFCCP have been amended to reflect changes to those 
regulations.
    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 outlines the purpose and scope of the regulations. 
Paragraph (a) corrects the regulations' citation to the United States 
Code, reflects the new reporting threshold, and indicates which 
contractors are required to file reports under the regulations. 
Paragraph (d) directs 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 provides the definitions that apply to this part. 
Paragraph (b)(1) of the NPRM would have updated the reference to the 
Standard Industrial Classification (SIC) Manual from the 1972 edition 
to the 1987 edition, and would have added the acronym for the Employer 
Identification Number (EIN). As discussed below, Standard Industrial 
Code has been replaced by the North American Industrial Classification 
System (NAICS). Accordingly, the SIC definition is deleted in the final 
rule. The EIN requirement is retained in the final rule.
    Paragraph (b)(4), the definition of ``special disabled veteran,'' 
is amended to clarify that in order to be covered, 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) is amended to add the same 
clarification, and also to conform to the statutory definition of the 
term at 38 U.S.C. 101(29), which was altered by the Veterans' Benefits 
Improvement Act of 1996. Paragraph (b)(6) is amended to define ``other 
protected veterans,'' as required by VEOA. Paragraphs (b)(9) and 
(b)(10) add definitions for the terms ``states'' and ``eligibility 
period,'' respectively.
    We received several comments in relation to definitions in this 
part. These comments referred to ``other veterans'' and ``hiring 
location.''
    Comment: One commentator stated that the definition of ``other 
veterans'' was confusing. The commentator believed the term ``other 
veterans'' implied all veterans not otherwise defined by VEVRAA rather 
than the more limited class of veterans defined in section 61-250.2.
    Response: ``Other veterans'' has been changed to ``other protected 
veterans'' and the paragraph will read, ``Other protected veterans 
means any other veteran who served on active duty in the U.S. military, 
ground, naval or air service during a war or in a campaign or 
expedition for which a campaign badge has been authorized, other than 
special disabled veterans or veterans of the Vietnam era.''
    Comment: Another commentator asserted that the definition of 
``hiring location'' is contrary to the ``virtual workplace that has 
become a reality in today's economy.'' The commentator suggested that 
``hiring location'' be defined as where the management or business unit 
of the employee is located.
    Response: The definition of ``hiring location'' in the final rule 
is identical to the definition of ``establishment'' contained in the 
instructions for completing the Employer Information Report, EEO-1, 
Standard Form 100 (EEO-1 Report). In order to avoid confusion in the 
regulated community, VETS believes it is important to maintain as much 
consistency as possible between the VETS-100 Report and the EEO-1 
Report. Therefore, to maintain consistency with the EEO-1 Report 
definition, the definition for ``hiring location'' has been retained.
    Comment: One commentator noted that in the definition section we 
had incorrectly used the acronym ``OASVET'' to describe the agency.
    Response: We have changed that acronym to ``VETS.''
    Comment: One commenter recommended incorporating the category of 
``recently separated veterans'' into the final rule, but that reporting 
on ``recently separated veterans'' be made optional for the 2001 
reporting cycle. This commenter suggested several options by which this 
new class of protected veterans could be counted.
    Response: As discussed in the Background section of this rule, the 
Veterans Benefits and Health Care Improvement Act of 2000 incorporated 
this new class of protected veterans into VEVRAA. VETS agrees with the 
commenter that there are multiple options for incorporating this new 
class of protected veterans into the rule. It is precisely for this 
reason that VETS believes it is not possible simply to include 
``recently separated veterans'' in this final rule and that a new 
Notice of Proposed Rulemaking is required. Therefore, consistent with 
the commenter's concerns about changing the reporting requirement 
without adequate lead time, VETS will not be requiring reporting on 
``recently separated veterans'' during the 2001 reporting cycle.
    VETS considered and rejected the idea of delaying this final rule 
until a new NPRM could be published. A primary reason for this decision 
is that, due to the two-year lead time already provided, most covered 
contractors already have updated their VETS-100 recordkeeping databases 
to collect information on the new class of protected veterans created 
by VEOA. Therefore, withholding this final rule for the inclusion of 
the ``recently separated veterans'' would not prevent covered 
contractors from having to update their databases a second time. 
Consequently, the ``recently separated veterans'' category is not 
incorporated into this final rule.
    Comment: Concerns have been raised that some covered contractors 
might not have sufficient time to update their record collection and 
keeping systems to collect data required by VEOA.
    Response: Program year 2001 VETS-100 Reports are due by September 
30, 2001. In response to the commenter's concerns, this regulation will 
take effect November 13, 2001. Therefore, contractor reporting of the 
VEOA required data will be optional for Program Year 2001, and 
reporting on the new VEOA data elements will become mandatory for the 
program year 2002 VETS-100 Report due September 30, 2002. The November 
13, 2001 effective date will give covered contractors nearly a year to 
update their record collection and keeping systems.

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 continues 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 Section 250.2. This section also amends 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 add the requirement that contractors and 
subcontractors report on their employment of ``other protected 
veterans,'' as defined in Section 250.2. Paragraph (a)(3) requires 
contractors and subcontractors to report the maximum

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number and minimum number of persons employed during the reporting 
period. These changes are required by VEOA.
    Paragraph (c) of the amended clause changes the annual deadline for 
submitting the VETS-100 Report from March 31 to September 30. As 
explained in the ``Background'' section above, this change synchronizes 
the VETS-100 and EEO-1 reporting dates. This paragraph also defines the 
eligibility period for the report. Paragraph (d) amends the definition 
of the reporting period. Contractors and subcontractors will still be 
able to select an ending date for the period, however, the range of 
permissible dates is changed. The previous version of the clause 
permitted ending dates between January 1 and March 1; the amended 
version permits ending dates between July 1 and August 31.
    Paragraph (e) is revised to indicate that both contractors and 
subcontractors must report the numbers of protected veterans known to 
them during the reporting period. 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 60-250.42, voluntary self-disclosures by 
protected incumbent veterans, or actual knowledge of an employee's 
veteran status by a contractor or subcontractor.
    Comment: Two comments were received concerning the reporting of 
``minimum and maximum'' number of employees. One commentator expressed 
concern about the added reporting burden. The second asked for 
clarification about how to determine the minimum and maximum number of 
employees. The commentator asserted that there could be continuous 
employment fluxing at a company and that it was unclear exactly when 
the minimum and maximum number of employees had to be determined.
    Response: This additional reporting item is statutorily required, 
consequently, it must be included in the final rule. In an attempt to 
provide flexibility in reporting this information and to reduce the 
burden on employers, VETS has added clarifying language to section 61-
250.10(a)(3). The new language reads:``The maximum number and minimum 
number of employees of such contractor at each hiring location during 
the period covered by the report. The minimum and maximum number of 
employees reportable at each hiring location during the period covered 
by the report must be determined as follows: Contractors must review 
payroll records for each of the pay periods included in the report. The 
minimum number of employees is the total number of employees paid in 
the payroll period in which the contractor had the fewest number of 
employees. The maximum number of employees is the total number of 
employees paid in the payroll period in which the contractor had the 
greatest number of employees.''

Section 61-250.11  On what form must the data required above be 
submitted?

    This section amends the VETS-100 form and instructions, and 
provides new avenues for submission of the report.
    Paragraph (a): This paragraph provides a copy of the amended VETS-
100 form and the text of the amended instructions provided with the 
form. The introduction to the instructions is amended to clarify that a 
separate report must be completed for each hiring location in all 
States. The term ``supplemental'' is 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'' is 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 rule, the information is 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'' 
was originally revised to request reporting of the contractor's 
Standard Industrial Code (SIC) and require the Dun and Bradstreet I.D. 
number (DUNS), if available, in addition to the EIN that is already 
required. These changes were to assist VETS in identifying Federal 
contractors and subcontractors.
    Comment: We received one comment requesting that the SIC be changed 
to the North American Industrial Classification System (NAICS).
    Response: On October 1, 2000, the SIC was replaced by the NAICS. 
VETS made corresponding changes in the VETS-100 reporting form. Covered 
contractors and subcontractors are now requested to report their NAICS 
Code, if available. To learn more about the NAICS, converting SIC codes 
to NAICS codes, and other information relating to the implementation of 
NAICS, visit the U.S. Census Bureau web page dedicated to NAICS: http://www.census.gov/epcd/www/naics.html. The Small Business Administration 
(SBA) also has an information web page for NAICS specific to SBA 
services at: http://www.sba.gov/size/NAICS-cover-page.html.
    The section entitled ``Information on Employees,'' previously 
called ``Information on Veterans,'' is revised in several ways. The 
paragraph ``Counting veterans'' is added in response to numerous 
questions from contractors concerning how contractors must count 
veterans who fall into more than one category. The paragraph ``Data on 
Current Employees'' amends a currently untitled paragraph. This 
paragraph explains which payroll period may be used to provide the 
data, which full-time and part-time employees must be included in the 
data, and which data are optional. In addition, this paragraph expands 
the categories of veterans who must be included. The paragraph ``Data 
on New Hires'' (titled ``New Hires Data'' in the prior regulation) is 
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, is moved to the section headed ``How to 
Prepare Form.'' The new paragraph ``Maximum and minimum number of 
employees'' complies with VEOA by requiring contractors and 
subcontractors to report the maximum and minimum number of persons 
employed during the reporting period.
    Comment: One comment was received concerning the proposed 
clarification that a veteran must be counted in all the categories in 
which he or she belongs. The commentator indicated appreciation for the 
clarification but believed this would impose a burden on those 
contractors who previously had tried to avoid double-counting of 
veterans and would require these employers to ask protected veterans to 
self-identify.
    Response: VETS is not requiring employers to recount current 
employees to determine if they fall into more than one category. 
However, if an employer is aware that an employee meets the definitions 
of more than one category of protected veteran, the employee must be 
counted in each identified category. VETS is clarifying the language to 
read: ``Some veterans will fall into more than one of the protected 
veteran categories. For example, a veteran may be both a special 
disabled veteran and a Vietnam era veteran. In such cases the veteran 
must be counted in each category.''
    In the ``Definitions'' section, the definitions of ``special 
disabled veteran'' and ``veteran of the Vietnam era'' are amended, and 
a definition of ``other

[[Page 52001]]

protected veterans'' is added, in the same ways, as these terms are 
defined in section 61-250.2. The section ``Legal Basis for Reporting 
Requirements'' is amended by incorporating the new class of covered 
veteran and the new reporting requirements required by VEOA.
    Paragraph (b): This paragraph requires most contractors and 
subcontractors who submit computer-generated output to do so in the 
form of an electronic file, unless they submit reports for ten 
locations or less. This requirement is intended to reduce the cost to 
contractors and subcontractors of submitting the VETS-100 form and the 
cost to the Federal government of tallying the information on the form.
    Comments: We received a comment concerning submitting computer-
generated forms indicating that the instruction language did not 
clearly state that filers of more than 10 forms must do so 
electronically.
    Response: VETS changed the language of the first sentence in 60-
250.11(b) to read: ``Contractors and subcontractors that submit 
computer-generated output for more than 10 hiring locations to satisfy 
their VETS-100 reporting obligations must submit the output in the form 
of an electronic file.''
    Comment: We also received a comment expressing concern ``that 
output using specifications from the Department of Labor, which may 
change from year to year, will involve an inordinate amount of 
programming time, not only at the outset to conform to the 
specification, but also on an annual basis to comply with any changes 
promulgated by the agency.''
    Response: VETS does not intend to make changes in its electronic 
reporting specifications once they are specified, unless, for example, 
changes in technology require it to do so. However, if changes are 
made, VETS will ensure that the regulated community has ample time to 
make any necessary changes.
    Paragraph (c): This paragraph provides small business the 
opportunity to submit their VETS-100 Report via the Internet and to 
obtain a company number via e-mail.
    Comment: One commentator requested the language in this section be 
revised to state that any contractor or subcontractor that wishes to 
may file the VETS-100 Report via the Internet.
    Response: VETS agrees with the commentator that any contractor or 
subcontractor should be allowed to file its VETS-100 Reports(s) via the 
Internet. Although the site was developed to accommodate small 
business, it may be utilized by any contractor or subcontractor. 
Accordingly, VETS changed the first sentence in Section 61-250.11(c) to 
read: ``Contractors or subcontractors may submit the VETS-100 Report 
via the Internet.''
    Paragraph (e): This paragraph changes the VETS-100 Report filing 
deadline to September 30. As explained above, this will synchronize the 
VETS-100 and the EEO-1 reporting cycles. The paragraph also includes an 
Internet address where VETS-100 information may be obtained.
    Comment: One commentator wrote ``The proposed rule indicates that 
it is the responsibility of each contractor or subcontractor to obtain 
the necessary supplies of the VETS-100 Report form before the annual 
September 30 filing date. [citation omitted] In light of the delays in 
the generation of both the EEO-1 and the VETS-100 forms for the 2000 
reporting cycle, we propose to either strike this sentence, or modify 
it to read `* * * before the annual September 30 filing deadline, 
assuming that the department makes the form available to contractors 
and subcontractors at least 60 days prior to the filing deadline.' ''
    Response: VETS is not aware of any problems this requirement has 
created in the past. VETS annually mails out the VETS-100 Report to 
contractors in the VETS-100 database during the month of July each 
year. The form also is available on the VETS-100 home page on the 
Internet at: http://vets100.cudenver.edu. VETS is leaving this 
paragraph unchanged.

Section 61-250.12  What invitation to self-identify must a contractor 
offer to veterans?

    This section is deleted in the final rule. Section 61-250.12 
originally required contractors and subcontractors to invite all 
applicants for employment who are protected veterans, and who wish to 
benefit under the affirmative action program, to identify themselves to 
the contractor or subcontractor.
    Comment: Two commentators noted that the invitation to self-
identify requirement was not consistent with the analogous requirements 
contained in the regulations implementing the affirmative action 
requirements of VEVRAA at 41 CFR 60-250.42 published by OFCCP.
    Response: VETS deleted Section 61-250.12 to reduce potential 
confusion. VEVRAA's affirmative action requirements are administered 
and enforced by OFCCP. The responsibility of VETS under section 4212 of 
VEVRAA is limited to submission of the VETS-100 Report. Accordingly, 
VETS believes that it is not necessary to address the issue of 
invitations to self-identify as a protected veteran under the 
regulations relating to the VETS-100 Report.
    Comment: A commentator inquired as to whether contractors are 
required or permitted to periodically invite current employees to self-
identify.
    Response: Contractors and subcontractors are not required to survey 
their workforces to solicit information about veterans' status for the 
purpose of completing the VETS-100 Report. Contractors and 
subcontractors are permitted to solicit information about veterans' 
status in any lawful manner.

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 is 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 is updated to reflect the most recent regulations 
implementing the Paperwork Reduction Act.

IV. Regulatory Procedures

Executive Order 12866

    The Department of Labor has determined that this 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, a regulatory impact analysis is 
unnecessary.

Congressional Review Act

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

Unfunded Mandates

    Executive Order 12875--This final rule does not create an unfunded

[[Page 52002]]

Federal Mandate upon any State, local, or tribal government.
    Unfunded Mandate Reform Act of 1995--This final 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

    These regulations have been reviewed in accordance with Executive 
Order 13132 regarding Federalism. This rule will not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
requirements of section 6 of Executive Order 13132 do not apply to this 
rule.

Regulatory Flexibility Act

    This rule does not substantially change the existing obligations of 
Federal contractors or subcontractors. The Department of Labor 
certifies that the rule will not have a significant economic impact on 
a substantial number of small business entities. Therefore, no 
regulatory flexibility analysis is required.

Paperwork Reduction Act

    This rule contains information collections which are subject to 
review by the Office of Management and Budget (OMB) under the Paperwork 
Reduction Act of 1995. Sections 61-250.10 and 61-250.11 are revised 
paperwork sections that become effective after they have been approved 
by OMB. The rule revises regulations approved under OMB Notice of 
Action No. 1293-0005 for implementation of these information collection 
requirements. The rule codifies new reporting requirements mandated by 
the Veterans Employment Opportunity Act of 1998. We estimate the 
collection burden to be 30 minutes per respondent. The information 
collection requirements affected by this final rule have been 
identified in the NPRM. These information collection requirements and 
their predicted effect on recordkeeping and reporting burden hours 
maintained in the OMB Notice of Action file 1293-0005 are summarized 
below.
    Contractors and subcontractors are required to collect data on a 
new category of veterans, ``other protected veterans.'' Additionally, 
contractors and subcontractors must report the maximum and minimum 
number of persons employed during the reporting period. Company 
identification information is revised to request the submission of a 
contractor's North American Industrial Classification System (NAICS) 
Code and require the Dun and Bradstreet I.D. number (DUNS), if 
available.

List of Subjects In 41 CFR Part 61-250

    Government contracts, Reporting and recordkeeping requirements, 
Veterans.

    Signed at Washington, DC, this 2nd day of October 2001.
Elaine L. Chao,
Secretary of Labor.

    For the reasons set forth in the preamble, 41 CFR Chapter 61 is 
revised to read as follows:

CHAPTER 61--OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT 
AND TRAINING SERVICE, DEPARTMENT OF LABOR

PART 61-250-ANNUAL REPORT FROM FEDERAL CONTRACTORS

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

APPENDIX A--Federal Contractor Veterans'Employment Report VETS-100

    Authority:  38 U.S.C. 101 et seq., Pub. L. 93-508, 88 Stat. 
2578, VEVRAA as amended.


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

    (a) This part 61-250 implements 38 U.S.C. 4212(d). Each contractor 
or subcontractor who enters into a contract in the amount of $25,000 or 
more with any department or agency of the United States for the 
procurement of personal property and non-personal services (including 
construction), and who is subject to 38 U.S.C. 4212(a) and the Office 
of Federal Contract Compliance Programs (OFCCP) regulations at 41 CFR 
part 60-250, must submit a report according to the requirements of 
Sec. 61-250.10.
    (b) Notwithstanding the regulations in 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 protected 
veterans.


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

    (a) For purposes of this part, and unless otherwise indicated in 
paragraph (b) of this section, the terms set forth in this part have 
the same meaning as set forth in 41 CFR part 60-250.
    (b) For purposes of this part:
    (1) Hiring location (this definition is identical to establishment 
as defined by the instructions for completing Employer Information 
Report EEO-1, Standard Form 100 (EEO-1 Report)) means an economic unit 
which produces goods or services, such as a factory, office, store, or 
mine. In most instances the establishment is at a single physical 
location and is engaged in one, or predominantly one, type of economic 
activity. Units at different locations, even though engaged in the same 
kind of business operation, should be reported as separate 
establishments. For locations involving construction, transportation, 
communications, electric, gas, and sanitary services, oil and gas 
fields, and similar types of physically dispersed industrial 
activities, however, it is not necessary to list separately each 
individual site, project, field, line, etc., unless it is treated by 
the contractor as a separate legal entity with a separate Employer 
Identification Number (EIN). For these physically dispersed activities, 
list as establishments only those relatively 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

[[Page 52003]]

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 bythe Employer Information 
Report EEO-1, Standard Form 100 (EEO-1 Report), as defined as follows:
    (i) Officials and managers means occupations requiring 
administrative and managerial personnel who set broad policies, 
exercise overall responsibility for execution of these policies, and 
direct individual departments or special phases of a firm's operation. 
Includes: Officials, executives, middle management, plant managers, 
department managers and superintendents, salaried supervisors who are 
members of management, purchasing agents and buyers, railroad 
conductors and yard masters, ship captains and mates (except fishing 
boats), farm operators and managers, and kindred workers.
    (ii) Professionals means occupations requiring either college 
graduation or experience of such kind and amount as to provide a 
background comparable to college education. Includes: Accountants and 
auditors, airplane pilots and navigators, architects, artists, 
chemists, designers, dietitians, editors, engineers, lawyers, 
librarians, mathematicians, natural scientists, registered professional 
nurses, personnel and labor relations specialists, physical scientists, 
physicians, social scientists, surveyors, teachers, and kindred 
workers.
    (iii) Technicians means occupations requiring a combination of 
basic scientific knowledge and manual skill which can be obtained 
through about 2 years of post-high school education, such as is offered 
in many technical institutes and junior colleges, or through equivalent 
on-the-job training. Includes: Computer programmers and operators, 
drafters, engineering aides, junior engineers, mathematical aides, 
licensed, practical or vocational nurses, photographers, radio 
operators, scientific assistants, technical illustrators, technicians 
(medical, dental, electronic, physical science), and kindred workers.
    (iv) Sales means occupations engaging wholly or primarily in direct 
selling. Includes: Advertising agents and sales workers, insurance 
agents and brokers, real estate agents and brokers, stock and bond 
sales workers, demonstrators, sales workers and sales clerks, grocery 
clerks and cashier-checkers, and kindred workers.
    (v) Office and clerical includes all clerical-type work regardless 
of level of difficulty, where the activities are predominantly non-
manual though some manual work not directly involved with altering or 
transporting the products is included. Includes bookkeepers, cashiers, 
collectors (bills and accounts), messengers and office helpers, office 
machine operators, shipping and receiving clerks, stenographers, 
typists and secretaries, telegraph and telephone operators, legal 
assistants, and kindred workers.
    (vi) Craft workers (skilled) means manual workers of relatively 
high skill level having a thorough and comprehensive knowledge of the 
processes involved in their work. These workers exercise considerable 
independent judgment and usually receive an extensive period of 
training. Includes: The building trades, hourly paid supervisors and 
lead operators who are not members of management, mechanics and 
repairers, skilled machining occupations, compositors and typesetters, 
electricians, engravers, job setters (metal), motion picture 
projectionists, pattern and model makers, stationary engineers, 
tailors, arts occupations, hand painters, coaters, decorative workers, 
and kindred workers.
    (vii) Operatives (semiskilled) means workers who operate machine or 
processing equipment or perform other factory-type duties of 
intermediate skill level which can be mastered in a few weeks and 
require only limited training. Includes: Apprentices (auto mechanics, 
plumbers, bricklayers, carpenters, electricians, machinists, mechanics, 
building trades, metalworking trades, printing trades, etc.), 
operatives, attendants (auto service and parking), blasters, 
chauffeurs, delivery workers, dressmakers and sewers (except factory), 
dryers, furnace workers, heaters (metal), laundry and dry cleaning 
operatives, milliners, mine operatives and laborers, motor operators, 
oilers and greasers (except auto), painters (except construction and 
maintenance), photographic process workers, stationary firefighters, 
truck and tractor drivers, weavers (textile), welders and 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

[[Page 52004]]

    (B) Rated at 10 or 20 percent in the case of a veteran who has been 
determined under 38 U.S.C. 3106 to have a serious employment handicap; 
or
    (ii) A person who was discharged or released from active duty 
because of a service-connected disability.
    (5) Veteran of the Vietnam era means a veteran:
    (i) Who served on active duty in the U.S. military, ground, naval 
or air service for a period of more than 180 days, and who was 
discharged or released 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 protected veterans means any other veteran who served on 
active duty in the U.S. military, ground, naval or air service during a 
war or in a campaign or expedition for which a campaign badge has been 
authorized, other than special disabled veterans or veterans of the 
Vietnam era.
    (7) OFCCP means the Office of Federal Contract Compliance Programs, 
Employment Standards Administration, U.S. Department of Labor.
    (8) VETS means the Office of the Assistant Secretary for Veterans' 
Employment and Training, U.S. Department of Labor.
    (9) 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.
    (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.
    (11) NAICS means the North American Industrial Classification 
System.


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

    Each contractor or subcontractor described in Sec. 61-250.1 must 
submit reports in accordance with the following reporting clause, which 
must be included in each of its covered government contracts or 
subcontracts (and modifications, renewals, or extensions thereof if not 
included in the original contract). Such clause is considered as an 
addition to the equal opportunity action clause required by 41 CFR 60-
250.5. The reporting requirements clause is as follows:

Employment Reports on Special Disabled Veterans, Veterans of the 
Vietnam Era, and Other Protected 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 
protected veterans;
    (2) The total number of new employees hired during the period 
covered by the report, and of that total, the number who are special 
disabled veterans, the number who are veterans of the Vietnam era, 
and the number who are other protected veterans; and
    (3) The maximum number and minimum number of employees of such 
contractor at each hiring location during the period covered by the 
report. The minimum and maximum number of employees reportable at 
each hiring location during the period covered by the report must be 
determined as follows: Contractors must review payroll records for 
each of the pay periods included in the report. The minimum number 
of employees is the total number of employees paid in the payroll 
period in which the contractor had the fewest number of employees. 
The maximum number of employees is the total number of employees 
paid in the payroll period in which the contractor had the greatest 
number of employees.
    (b) The above items must be reported by completing the form 
entitled ``Federal Contractor Veterans'' Employment Report VETS-
100.''
    (c) VETS-100 reports must be submitted no later than September 
30 of each year beginning September 30, 2001. The eligibility period 
(the period during which an employer received a Federal contract) 
for this report and all subsequent reports is the calendar year 
(January 1 through December 31) that precedes the year in which the 
report is submitted.
    (d) The employment activity report required by paragraphs (a)(2) 
and (a)(3) of this clause must reflect total new hires and maximum 
and minimum number of employees during the 12-month period preceding 
the ending date that the contractor selects for the current 
employment report required by paragraph (a)(1) of this clause. 
Contractors may select an ending date: (1) As of the end of any pay 
period during the period July 1 through August 31 of the year the 
report is due; or (2) as of December 31, if the contractor has 
previous written approval from the Equal Employment Opportunity 
Commission to do so for purposes of submitting the Employer 
Information Report EEO-1,Standard Form 100 (EEO-1 Report).
    (e) The number of veterans reported according to paragraph (a) 
above must be based on data known to contractors and subcontractors 
when completing their VETS-100 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 60-250.42, 
voluntary self-disclosures by protected incumbent veterans, or 
actual knowledge of an employee's veteran status by a contractor or 
subcontractor. Nothing in this paragraph (e) relieves a contractor 
from liability for discrimination under 38 U.S.C. 4212. (OMB No. 
1293-0005)


Sec. 61-250.11  On what form must the data required by this part be 
submitted?

    (a) Data items required in paragraph (a) of the contract clause set 
forth in Sec. 61-250.10 must be reported for each hiring location on 
the VETS-100 form. This form is mailed annually to those contractors 
who are included in the VETS-100 data base. The form, and instructions 
for preparing it, are also set forth as follows:

The Vets-100 Report Form is Reprinted as Appendix A to 41 CFR Part 61-
250

    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 persona1 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

[[Page 52005]]

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 (EEO-1 Report). 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 
North American Industrial Classification System (NAICS) also must 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 NAICS and the DUNS also 
must be reported if available.

Information on Employees (Veterans and non-veterans)

    Counting veterans: Some veterans will fall into more than one of 
the protected veteran categories. For example, a veteran may be both 
a special disabled veteran and a Vietnam era veteran. In such cases 
the veteran must be counted in each category.
    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 protected 
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 minimum and maximum number of employees reportable at each 
hiring location during the period covered by the report must be 
determined as follows: Contractors must review payroll records for 
each of the pay periods included in the report. The minimum number 
of employees is the total number of employees paid in the payroll 
period in which the contractor had the fewest number of employees. 
The maximum number of employees is the total number of employees 
paid in the payroll period in which the contractor had the greatest 
number of employees.

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 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 protected veterans means any other veteran who served on 
active duty in the U.S. military, ground, naval or air service 
during a war or in a campaign or expedition for which a campaign 
badge has been authorized, other than special disabled veterans or 
veterans or the Vietnam era.

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 
protected veterans who served on active duty during a war or in a 
campaign or expedition for which a campaign badge has been 
authorized, other than special disabled veterans or veterans of the 
Vietnam era. 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 part 61-250.

Description of Job Categories

    Officials and managers means occupations requiring 
administrative and managerial personnel who set broad policies, 
exercise overall responsibility for execution of these policies, and 
direct individual departments or special phases of a firm's 
operation. Includes: Officials, executives, middle management, plant 
managers, department managers and superintendents, salaried 
supervisors who are members of management, purchasing agents and 
buyers, railroad conductors and yard masters, ship captains and 
mates (except fishing boats), farm operators and managers, and 
kindred workers.
    Professionals means occupations requiring either college 
graduation or experience of such kind and amount as to provide a 
background comparable to college education. Includes: Accountants 
and auditors, airplane pilots and navigators, architects, artists, 
chemists, designers, dietitians, editors, engineers, lawyers, 
librarians, mathematicians, natural scientists, registered 
professional nurses, personnel and labor relations specialists, 
physical scientists, physicians, social scientists, surveyors, 
teachers, and kindred workers.
    Technicians means occupations requiring a combination of basic 
scientific knowledge and manual skill which can be obtained through 
about 2 years of post-high school education, such as is offered in 
many technical institutes and junior colleges, or through equivalent 
on-the-job training. Includes: Computer programmers and operators, 
drafters, engineering aides, junior engineers, mathematical aides, 
licensed, practical or vocational nurses, photographers, radio 
operators, scientific assistants, technical illustrators, 
technicians (medical, dental, electronic, physical science), and 
kindred workers.
    Sales means occupations engaging wholly or primarily in direct 
selling. Includes: Advertising agents and sales workers, insurance 
agents and brokers, real estate agents and brokers, stock and bond 
sales workers, demonstrators, sales workers and sales clerks, 
grocery clerks and cashier-checkers, and kindred workers.
    Office and clerical includes all clerical-type work regardless 
of level of difficulty, where the activities are predominantly non-
manual though some manual work not directly involved with altering 
or transporting the products is included. Includes bookkeepers, 
cashiers, collectors (bills and accounts), messengers and office 
helpers, office machine operators, shipping and receiving clerks, 
stenographers, typists and secretaries, telegraph and telephone 
operators, legal assistants, and kindred workers.
    Craft Workers (skilled) means manual workers of relatively high 
skill level having a thorough and comprehensive knowledge of the 
processes involved in their work. These workers exercise 
considerable independent judgment and usually receive an extensive 
period of training. Includes: The building trades, hourly paid 
supervisors and lead operators who are not members of management, 
mechanics and repairers, skilled machining occupations, compositors

[[Page 52006]]

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 for 10 or more hiring locations to satisfy their VETS-100 
reporting obligations must submit the output in the form of an 
electronic file. This file must comply with current Department of Labor 
specifications for the layout of these records, along with any other 
specifications established by the Department for the applicable 
reporting year. Contractors and subcontractors that submit VETS-100 
Reports for ten locations or less are exempt from this requirement, but 
are strongly encouraged to submit an electronic file. In these cases, 
state consolidated reports count as one location each.
    (c) Contractors and subcontractors may submit the VETS-100 Report 
via the Internet. The Internet address for the site is http://vets100.cudenver.edu/vets100login.htm. A company number is required to 
access this site. The number is provided to employers on the VETS-100 
Report form that is mailed annually to those employers who are included 
in the VETS-100 database. Other employers may obtain a company number 
by e-mailing their request to [email protected], or by calling the 
VETS-100 Reporting System at (703) 461-2460.
    (d) VETS or its designee will use all available information to 
distribute the required forms to contractors identified as subject to 
the requirements of this part.
    (e) It is the responsibility of each contractor or subcontractor to 
obtain necessary supplies of the VETS-100 Report form before the annual 
September 30 filing deadline. Contractors and subcontractors who do not 
receive forms should request them in time to meet the deadline. 
Requests for the VETS-100 Report form may be made by mail by 
contacting: Office of the Assistant Secretary for Veterans' Employment 
and Training, U.S. Department of Labor 200 Constitution Avenue, 
NW,Washington, DC 20210, Attn: VETS-100 Report Form Request or on the 
Internet at http://vets100.cudenver.edu (OMB No. 1293-0005).


Sec. 61-250.20  How will DOL determine whether a contractor or 
subcontractor is complying with the requirements of this part?

    During the course of a compliance evaluation, OFCCP may determine 
whether a contractor or subcontractor has submitted its report as 
required by this part.


Sec. 61-250.99  What 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.

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

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