[Federal Register Volume 67, Number 46 (Friday, March 8, 2002)]
[Notices]
[Pages 10804-10805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5411]


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DEPARTMENT OF LABOR

Veterans' Employment and Training Service

RIN 1293-AA07


Annual Report From Federal Contractors

AGENCY: Veterans' Employment and Training Service, Department of Labor.

ACTION: Notice; request for comments.

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SUMMARY: The Veterans' Employment and Training Service (VETS) is 
soliciting comments on methodologies for calculating the maximum and 
minimum number of employees for the Federal Contractor Veterans' 
Employment Report VETS-100.

DATES: Comments must be received on or before April 8, 2002.

ADDRESSES: Comments should be sent to Norman Lance, Chief, 
Investigations and Compliance Division, (VETS), by regular mail at the 
U.S. Department of Labor, Veterans' Employment and Training Service, 
Federal Contractor Program Comments--Notice, 6101 Stevenson Avenue, 
Alexandria, VA 22304, or by e-mail at Lance-Norman@dol.gov. Written

[[Page 10805]]

comments limited to 10 pages or fewer also may be transmitted by 
facsimile (FAX) at (202) 693-4755. Receipt of submissions, whether by 
U.S. mail, e-mail or FAX transmittal, will not be acknowledged; 
however, the sender may request confirmation that a submission has been 
received, by telephoning VETS at (202) 693-4731 (VOICE), or (800) 670-
7008 (TTY/TDD).

FOR FURTHER INFORMATION CONTACT: Norm Lance, Chief, Investigations and 
Compliance Division, VETS, at (202) 693-4731 or by e-mail at Lance-Norman@dol.gov. Individuals with hearing impairments can call (800) 
670-7008 (TTY/TDD).

SUPPLEMENTARY INFORMATION:

    Authority: 38 U.S.C. 4212(d).

Background

    The Vietnam Era Veterans' Readjustment Assistance Act of 1974, as 
amended, (VEVRAA) contains affirmative action and reporting 
requirements for Federal contractors and subcontractors regarding 
several classes of protected veterans. One VEVRAA requirement is that 
covered Federal contractors and subcontractors file an annual Federal 
Contractor Veterans' Employment Report VETS-100 (VETS-100 Report). 
Prior to 1998 covered contractors were required to show in their VETS-
100 report the number of protected veterans in their work force by job 
category, hiring locations, and number of new hires, including 
protected veterans hired during the reporting period covered by the 
report. The amendments to the VETS-100 reporting requirements made by 
the Veterans Employment Opportunities Act of 1998 (VEOA) included 
adding the requirement that the maximum number and minimum number of 
persons employed during the reporting period be included in a VETS-100 
Report.
    VETS published a Notice of Proposed Rulemaking (65 FR 59684, 
October 5, 2000) to implement the provisions of the VEOA, including the 
requirement for reporting the minimum and maximum number of employees. 
The Notice of Proposed Rulemaking did not contain guidance on how 
covered contractors were to determine the minimum and maximum number of 
employees. A commenter asserted that the proposed rule was unclear 
about when the minimum and maximum number of employees had to be 
determined, and asked for clarification. To respond to the concerns of 
the commenter, VETS clarified the regulation language by adding the 
following language to the final rule:

    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.

    This new language was inserted in section 61-250.10(a)(3), and also 
in section 61-250.11 under the paragraph entitled ``Maximum and minimum 
number of employees.'' (66 FR 52004-52005, October 11, 2001).
    After publication of the rule, it was brought to the attention of 
VETS that the revised language might have inadvertently increased the 
record keeping burden on some contractors because contractors might 
have difficulty matching up payroll periods, employees, and physical 
VETS-100 reporting locations in the way contemplated by the final rule. 
To permit contractors flexibility in how they determine the maximum and 
minimum number of employees, VETS published an Interim Final Rule (66 
FR 65452, December 19, 2001) amending section 61-250.10(a)(3) by 
withdrawing the above quoted language that specified how contractors 
were to determine the maximum and minimum number of employees and 
withdrawing the language quoted above which appears as a paragraph 
entitled ``Maximum and minimum number of employees'' under section 61-
250.11. The basic statutory requirement to report the maximum and 
minimum number of employees remains.
    In the preamble to the interim final rule, VETS requested comments 
about the methods covered contractors and subcontractors intend to use 
to calculate the minimum and maximum number of employees. VETS 
requested this information in order to gain additional information on 
which to issue guidance or regulations on methodology(s) for 
contractors to determine the maximum and minimum number of employees. 
VETS is concerned that the request for comments solely within the 
preamble to the interim final rule could be overlooked. Consequently, 
VETS is publishing today's notice reiterating the request for comments 
about how to determine the maximum and minimum number of employees.
    Specifically, VETS requests comments on the methodology contractors 
would prefer to use to calculate the minimum and maximum number of 
employees. Additional information including how a methodology interacts 
with organizational structure, payroll or pay systems for particular 
types of employers (e.g., nature of industry, single or multiple 
establishments), and how employees on extended leave of absence are 
counted, is solicited. Comments on record keeping burden incurred and 
other information you feel will clarify the process for determining the 
maximum and minimum number of employees also are requested. VETS will 
consider this information when preparing guidance or regulations for 
contractors' future reporting cycles.

    Signed at Washington, DC, this 28th day of February, 2002.
Frederico Juarbe, Jr.,
Assistant Secretary of Labor for Veterans' Employment and Training 
Service.
[FR Doc. 02-5411 Filed 3-7-02; 8:45 am]
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