[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Notices]
[Pages 6924-6932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02426]


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DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs


Proposed Extension of the Approval of Information Collection 
Requirements

AGENCY: Office of Federal Contract Compliance Programs, Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95). 44 U.S.C. 3506(c)(2)(A). This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Office of Federal Contract Compliance Programs is 
soliciting comments concerning its proposal to extend the Office of 
Management and Budget (OMB) approval of the Information Collection: 
Complaint Form CC-4, Complaint of Employment Discrimination by Federal 
Government Contractors and Subcontractors. A copy of the proposed 
information collection request can be obtained by contacting the office 
listed below in the FOR FURTHER INFORMATION CONTACT section of this 
Notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before April 7, 2014.

ADDRESSES: You may submit comments, identified by Control Number 1250-
0002, by either one of the following methods:

[[Page 6925]]

    Electronic comments: Through the federal eRulemaking Portal at 
http://www.regulations.gov. Follow the instructions for submitting 
comments.
    Mail, Hand Delivery, Courier: Address comments to Debra Carr, 
Director, Division of Policy, Planning and Program Development, Office 
of Federal Contract Compliance Programs, 200 Constitution Avenue NW., 
Room C3325, Washington, DC 20210. Telephone: (202) 693-0103 (voice) or 
(202) 693-1337 (TTY).
    Instructions: Please submit one copy of your comments by only one 
method. All submissions received must include the agency name and OMB 
Control Number identified above for this information collection. 
Because we continue to experience delays in receiving mail in the 
Washington, DC area, commenters are strongly encouraged to either 
transmit their comments electronically via the regulations.gov Web site 
or mail their comments early to ensure that they are timely received. 
Comments, including any personal information provided, become a matter 
of public record and will be posted to the regulations.gov Web site. 
They will also be summarized and/or included in the request for Office 
of Management and Budget approval of the information collection 
request.

FOR FURTHER INFORMATION CONTACT: Debra Carr, Director, Division of 
Policy, Planning and Program Development, Office of Federal Contract 
Compliance Programs, 200 Constitution Avenue NW., Room C3325, 
Washington, DC 20210. Telephone: (202) 693-0103 (voice) or (202) 693-
1337 (TTY) (these are not toll-free numbers). Copies of this notice may 
be obtained in alternative formats (e.g. Large Print, Braille, Audio 
Tape or Disc), upon request, by calling (202) 693-0103 (not a toll-free 
number). TTY/TDD callers may call (202) 693-1337 (not a toll-free 
number) to obtain information or request materials in alternative 
formats.

SUPPLEMENTARY INFORMATION:
    I. Background: The Office of Federal Contract Compliance Programs 
(OFCCP) administers two equal opportunity laws and an Executive Order 
that prohibit discrimination based on race, color, religion, sex, 
national origin, disability, and status as a protected veteran by 
Federal contractors and subcontractors and require affirmative action 
to provide equal employment opportunity: Executive Order 11246, as 
amended; Section 503 of the Rehabilitation Act of 1973, as amended 
(Section 503) and 38 U.S.C. 4212, the Vietnam Era Veteran's 
Readjustment Assistance Act of 1974, as amended (VEVRAA). No private 
right of action exists under the three programs that are enforced by 
the U.S. Department of Labor (DOL), i.e. a private individual may not 
bring a lawsuit against an employer (or prospective employer) for 
noncompliance with its contractual obligations under the laws enforced 
by OFCCP. However, any employee or applicant for employment with a 
Federal Government contractor or subcontractor may file a complaint 
with the Department of Labor, OFCCP alleging discrimination by 
completing a Complaint of Employment Discrimination by Federal 
Government Contractors or Subcontractors form (CC-4).\1\ OFCCP 
investigates the complaint but retains the discretion whether to pursue 
administrative or judicial enforcement. If a complaint filed under 
Executive Order 11246, as amended, involves discrimination against only 
one person, the OFCCP may refer it to the U.S. Equal Employment 
Opportunity Commission (EEOC). Such referrals are made under a 
Memorandum of Understanding between the two federal agencies. OFCCP 
generally investigates complaints that involve groups of people or 
indicate patterns of discrimination. In addition, OFCCP also 
investigates individual or group complaints filed under Section 503 and 
VEVRAA.
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    \1\ Formerly Complaint of Discrimination in Employment Under 
Federal Government Contracts.
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    Under Executive Order 11246, as amended, the authority for 
collection of complaint information is Section 206(b). The implementing 
regulations which specify the content of this information collection 
are found at 41 CFR 60-1.23(a).
    Under the Vietnam Era Veterans' Readjustment Assistance Act of 
1974, as amended, the authority for collecting complaints information 
is at 38 U.S.C. 4212(b). The implementing regulations which specify the 
content of this information collection are found at 41 CFR 60-250.61(b) 
and 41 CFR 60-300.61(b). Section 503 of the Rehabilitation Act of 1973, 
as amended, is the authority for collecting complaint information under 
the statute. The implementing regulations which specify the content of 
this information collection are found at 41 CFR 60-741.61(c). This 
information collection request covers the recordkeeping and reporting 
requirements for the complaint form CC-4. A separate information 
collection request covers the recordkeeping and reporting requirements 
for supply and service industries, and is approved under OMB 1250-0003.
    II. Review Focus: The DOL is particularly interested in comments 
which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     enhance the quality, utility and clarity of the 
information to be collected; and
     minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.
    III. Current Actions: The DOL seeks the approval of the extension 
of this information in order to carry out its responsibility to enforce 
the affirmative action and non-discrimination provisions of the three 
Authorities, which it administers.
    Type of Review: Renewal.
    Agency: Office of Federal Contract Compliance Programs.
    Title: Complaint Form CC-4, Complaint of Employment Discrimination 
by Federal Government Contractors or Subcontractors.
    OMB Number: 1250-0002.
    Agency Number: None.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions.
    Total Respondents: 747.
    Total Annual Responses: 747.
    Average Time per Response: 1.0 hours.
    Estimated Total Burden Hours: 747.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $52.50.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.


[[Page 6926]]


    Dated: January 24, 2014.
Debra A. Carr,
Director, Division of Policy, Planning and Program Development, Office 
of Federal Contract Compliance Programs.

SUPPORTING STATEMENT

DEPARTMENT OF LABOR

OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

AGREEMENT APPROVAL PROCESS FOR USE OF COMPLAINT FORM CC-4

OMB No. 1250-0002

A. JUSTIFICATION

EXPLAIN THE CIRCUMSTANCES THAT MAKE THE COLLECTION OF INFORMATION 
NECESSARY.

    The Office of Federal Contract Compliance Programs (OFCCP) 
administers two equal employment laws and an Executive Order that 
prohibit discrimination based on race, color, religion, sex, national 
origin, disability, and status as a protected veteran by Federal 
contractors and require affirmative action to provide equal employment 
opportunity.

 Executive Order 11246, as amended (EO 11246),\2\
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    \2\ The authority for collection of complaint information is 
Section 206 (b) of the Executive Order. The implementing regulations 
which specify the content of this information collection are found 
at 41 CFR 60-1.23 (a).
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 Section 503 of the Rehabilitation Act of 1973, as amended 
(Section 503),\3\ and
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    \3\ The authority for collecting complaint information under 
this statute is Section 503 (d) of the Act. The implementing 
regulations which specify the content of this information collection 
are found at 41 CFR 60-741.61 (c).
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 The Vietnam Era Veterans' Readjustment Assistance Act of 1974, 
as amended, 38 U.S.C. 4212 (VEVRAA).\4\
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    \4\ The authority for collecting complaint information under 
this statute is 38 U.S.C. 4212 (d). The implementing regulations 
which specify the content of this information collection are found 
at 41 CFR 60-300.61 (b).

    EO 11246 prohibits employment discrimination on the basis of race, 
color, religion, sex, or national origin. EO 11246 applies to Federal 
contractors and subcontractors, and to federally-assisted construction 
contractors and subcontractors holding a Federal Government contract or 
subcontract of more than $10,000, or Federal Government contracts or 
subcontracts that have, or can reasonably expect to have, an aggregate 
total value exceeding $10,000 in a 12-month period. EO 11246 also 
applies to Federal Government bills of lading, depositories of Federal 
funds in any amount, and to financial institutions that are issuing and 
paying agents for U.S. Savings Bonds.
    Section 503 prohibits employment discrimination on the basis of 
disability, and requires Federal contractors and subcontractors to take 
affirmative action to hire and promote qualified individuals with 
disabilities. Its requirements apply to Federal contractors and 
subcontractors with a Federal Government contract or subcontract in 
excess of $10,000.
    The affirmative action provisions of VEVRAA prohibit employment 
discrimination against protected veterans and require Federal 
contractors and subcontractors to take affirmative action to hire and 
promote protected veterans. Its requirements apply to Federal 
contractors and subcontractors with a Federal Government contract or 
subcontract of $100,000 or more.
    These programs require affirmative action by Federal contractors 
and subcontractors and prohibit discrimination on the basis of race, 
color, sex, religion, national origin, status as a qualified individual 
with a disability and protected veteran. No private right of action 
exists under the three OFCCP programs, i.e., a private individual may 
not bring a lawsuit against an employer or prospective employer for 
noncompliance with its obligations under the laws enforced by OFCCP. 
However, any employee or applicant for employment with a Federal 
contractor or subcontractor may file a complaint with OFCCP alleging 
discrimination or lack of affirmative action \5\ by completing a 
complaint form. OFCCP investigates the complaint but retains the 
discretion whether to pursue administrative or judicial enforcement.
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    \5\ Under Section 503 of the Rehabilitation Act of 1973 and the 
Vietnam Era Veterans' Act of 1974 individuals may file a complaint 
based on a contractor's failure to take affirmative action.
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    To file a complaint with OFCCP, a complainant may either complete a 
complaint form or send a letter including the name, address, and 
telephone number of the complainant, the name and address of the 
contractor or subcontractor and a description of the acts considered to 
be discriminatory and any other pertinent information. To facilitate 
this process, OFCCP provides a complainant with a complaint form (CC-4) 
which is currently titled ``Complaint of Discrimination in Employment 
Under Federal Government Contracts.'' We are proposing to change its 
name to ``Complaint of Discrimination in Employment by Federal 
Contractors or Subcontractors'' to give users a better understanding of 
the purpose of the form and its use. As a part of this ICR package, 
OFCCP is also proposing to revise and update its complaint form to make 
it easier to understand and complete, to use plain language, and to 
remove the impression that complainants must expressly establish 
OFCCP's jurisdiction when submitting the complaint form or the 
complaint will be summarily rejected.
    In investigating complaints it receives, under EO 11246, OFCCP may 
refer complaints to the U.S. Equal Employment Opportunity Commission 
(EEOC) that involve discrimination against only one person. Such 
referrals are made under Memoranda of Understanding between the two 
Federal agencies. Complaints that involve groups of people or indicate 
patterns of discrimination are generally retained and investigated by 
the OFCCP. Additionally, if a complaint filed under Section 503 
involves allegations of disability discrimination along with 
allegations of individual complaints of race, color, religion, sex, 
national origin, or age discrimination, OFCCP will refer the complaint 
to EEOC. Such referrals are made under a joint regulation with EEOC.\6\ 
OFCCP also investigates individual or group complaints filed under 
VEVRAA.
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    \6\ 41 CFR 60-742.5 (d) and 29 CFR 1641.5 (e).
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2. USE OF MATERIALS

    The complaint information collection form (CC-4) is used by OFCCP 
staff as the first step in the initiation of a complaint investigation. 
If the complaint is timely, and appears to raise discrimination or 
retaliation issues that fall within OFCCP's jurisdiction, then a 
complaint investigation is initiated. A standardized form helps guide 
complainants in providing important information about their alleged 
discrimination and reduces the time it takes OFCCP staff to determine 
jurisdiction. This form improves efficiency in responding to 
complainants and in initiating investigations.

3. IMPROVED INFORMATION TECHNOLOGY

    In accordance with the Government Paperwork Elimination Act (GPEA), 
the complaint form is available on the OFCCP's Web site with 
information regarding its use and where it should be mailed. The CC-4 
is available on the Internet for downloading or electronic submission 
at http://www.dol.gov/ofccp/regs/compliance/pdf/English.pdf.

[[Page 6927]]

4. DESCRIPTION OF EFFORTS TO IDENTIFY DUPLICATION

    Information collected on the complaint form is unique to the 
individual complainant and no duplication is possible.

5. COLLECTION OF INFORMATION IMPACT ON SMALL BUSINESSES OR OTHER 
ENTITIES

    Complaints are made solely by nonbusiness entities, usually 
individuals. This information collection does not have a significant 
economic impact on a substantial number of small entities.

6. CONSEQUENCES TO FEDERAL PROGRAMS IF THIS INFORMATION WERE COLLECTED 
LESS FREQUENTLY

    There is no schedule for collection of this information. This 
information is collected solely, usually from individuals on an ``as 
needed'' basis.

7. SPECIAL CIRCUMSTANCES FOR THE COLLECTION OF INFORMATION

    There are no special circumstances for the collection of this 
information.

8. CONSULTATION OUTSIDE THE AGENCY

    [Place holder for analysis of comments received during the comment 
period.]

9. GIFT GIVING

    OFCCP provides neither payments nor gifts to respondents.

10. ASSURANCE OF CONFIDENTIALITY

    Confidentiality is maintained to comply with the Privacy Act. 
However, a copy of the complaint form may be provided to the contractor 
and the information contained on the form may be used in the course of 
settlement negotiations with the contractor and/or in the course of 
presenting possible disclosure to opposing counsel. Before providing a 
copy of the complaint form, the agency redacts it to protect 
confidential information such as the name and other information that 
would easily identify someone other than the complainant who might 
suffer retaliation, be construed as an informer, or suffer 
embarrassment or other unwarranted invasion of privacy; obscene, 
inflammatory or libelous language; names and allegations against more 
than one company (delete the name and allegations against company 
1, from the complaint copy provided to company 2, and 
vice versa); and identifying characteristics of individuals in a third 
party complaint (e.g., description of unique characteristics, unique 
job title or position) if the individual has not signed the complaint 
or authorized release of his or her identity. A Privacy Act disclosure 
statement is included in the instructions for form CC-4.

11. SENSITIVE QUESTIONS

    Although the CC-4 does not specifically request sensitive 
information related to a complainant's disability or other protected 
information, the complainant may disclose such information when 
describing the circumstances that led to filing the complaint on Page 2 
of the form. As noted in number 10 (above), a Privacy Act disclosure 
statement is included in the instructions with the form.

12. ESTIMATE OF INFORMATION COLLECTION BURDEN HOURS

    During the last three fiscal years (FY 2011, FY 2012 and FY 2013), 
OFCCP received 670, 781 and 790 complaints, respectively, for a three 
year total of 2,241 complaints. Therefore, on average, OFCCP receives 
approximately, 747 complaints annually. It is also estimated, based on 
the agency's experience assisting complainants, that it will take an 
average of 1 hour for a complainant to complete and submit the form. 
Therefore, it is projected that the collection of information will 
impose an aggregate burden of 747 hours (i.e., 747 complaints 
multiplied by 1 hour). OFCCP estimates that the cost of completing the 
CC-4 is $15,291.09 (i.e., 747 hours multiplied by $20.47 per hour).\7\
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    \7\ OFCCP used the average private industry employers spend in 
employee wages and salaries as reported in Employer Costs for 
Employee Compensation, June 2013, United States Department of Labor, 
Bureau of Labor Statistics, p. 10, Table 5, http://www.bls.gov/news.release/pdf/ecec.pdf.
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13. ANNUAL OPERATION AND MAINTENANCE COST BURDEN TO RESPONDENTS

    There are no capital or start-up costs associated with filing a 
complaint.
    The actual out-of-pocket cost for the complainant is estimated at 
46[cent] for stamps, 20[cent] for paper and copying plus 4[cent] for 
envelopes which equal 70[cent]. OFCCP receives approximately 747 
complaints of which 90% (or 672 complaints) are submitted 
electronically by either facsimile or email. The remaining 10% or 75 
complaints are sent by mail. Therefore, it is estimated that the filing 
of the 75 complaints mailed will cost $52.50 (75 complaints multiplied 
by $0.70 for postage, paper and envelope).

14. ESTIMATE OF COST TO FEDERAL GOVERNMENT

    The cost to the Federal Government (OFCCP) for receiving the forms, 
reviewing them for jurisdiction and timeliness, and determining their 
disposition is estimated at $57,436.83 (747 complaints multiplied by a 
cumulative labor cost of $76.89 per complaint).
    The Federal labor cost reflects the 2.25 hours it takes OFCCP staff 
to process the form and includes one hour for an administrative support 
staff (GS-6) to review the complaint and check jurisdiction, one hour 
for a professional staff (GS-13) to verify the jurisdiction and prepare 
correspondence, and 0.25 hours for a manager (GS-14) to review and sign 
the documents. This cost was determined by surveying OFCCP's regional 
offices on the amount of time it takes to process a complaint. The 
calculation for the labor costs are detailed below.

----------------------------------------------------------------------------------------------------------------
                                                                                            Total (wage rate x
                     Grade/Step                        Wage Rate \8\     Time (hours)             hours)
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6/10...............................................            $19.05                 1                   $19.05
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13/10..............................................            $44.65                 1                   $44.65
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14/10..............................................            $52.76              0.25                   $13.19
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                          Cumulative labor cost per complaint                                             $76.89
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[[Page 6928]]

15. CHANGE IN BURDEN HOURS

    Based on the three-year average of complaints received, OFCCP 
expects to process more complaints (747) than under the previous 
approved ICR (602). Yet, with the shorter and easier form OFCCP 
estimates that complainants will spend less time completing the revised 
CC-4, thus resulting in an overall decrease in burden. The reduction in 
burden hours is detailed in the chart below.
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    \8\ Average hourly rates are from the Office of Personnel 
Management (OPM) 2013 General Schedule Salary Table.

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                                          Responses       Burden hours
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Current.............................               602               771
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Proposed............................               747               747
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Adjustment increase/decrease........              +145               -24
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16. STATISTICAL USES AND PUBLICATION OF DATA

    OFCCP will not publish the data collected as a result of the items 
contained in this request as statistical tables.

17. APPROVAL TO NOT DISPLAY THE EXPIRATION DATE

    OFCCP does not seek approval to not display the expiration date.

18. EXCEPTION TO THE CERTIFICATION STATEMENT

    There are no exceptions to the certification statement.
BILLING CODE 4510-CM-P

[[Page 6929]]

[GRAPHIC] [TIFF OMITTED] TN05FE14.000


[[Page 6930]]


[GRAPHIC] [TIFF OMITTED] TN05FE14.001

BILLING CODE 4510-CM-C

[[Page 6931]]

U.S. Department of Labor

Office of Federal Contract Compliance Programs

Complaint of Employment Discrimination by Federal Government 
Contractors or Subcontractors

    Use this form to file an employment discrimination or retaliation 
complaint under any of the three laws enforced by the Office of Federal 
Contract Compliance Programs (OFCCP):

 Executive Order 11246, as amended,
 Section 503 of the Rehabilitation Act of 1973, as amended, and
 the Vietnam Era Veterans' Readjustment Assistance Act of 1974, 
as amended.

    These laws make it illegal for companies doing business with the 
Federal Government to discriminate against applicants and employees 
based on race, color, religion, sex, national origin, disability status 
or status as a protected veteran.

Instructions:

    Print or type the information when filling in the form. Tell us 
what happened to you that you believe caused discrimination or 
retaliation, and who did it to you. Also tell us where and when things 
happened, who saw what happened, and who has information about what 
happened to you.
    When describing what happened on page two of the form, tell us how 
it changed your work. For example, let us know if it caused you not to 
be hired for a job, or caused you to be fired, demoted, lose a 
promotion, or have your job assignment changed. Tell us if what 
happened caused you to get laid-off. We also want to know if what 
happened involved training, pregnancy leave, harassment, wages, pay, 
benefits, accommodation for a disability or for religious observances, 
segregation of facilities, or recall back to work.
    You can use a separate piece of paper to continue telling us what 
happened to you if you need more space to write. Remember to attach the 
extra piece of paper to the complaint form when you are done.
    If you are filing a complaint of discrimination because of your 
veteran status, remember to attach your Report of Separation and a 
Certificate of Release or Discharge from Active Duty (also known as DD 
Form 214). If one is not provided, we will ask you to provide one.

Where to file the complaint?

    You should send the completed form to the OFCCP regional office 
that covers the state where the alleged discrimination occurred. Send 
OFCCP your form by U.S. mail, fax, or email. A list of regional offices 
and the states that each office covers can be found at: http://www.dol.gov/ofccp/contacts/regkeyp.htm.

When to file a complaint?

    Complaints based on your race, color, religion, sex/gender, or 
national origin must be filed within 180 days after the last act taken 
by your employer that you think was either discrimination or 
retaliation.
    Complaints based on your disability or status as a protected 
veteran must be filed within 300 days from the last act taken by your 
employer that you think was either discrimination or retaliation.
    Only the director of OFCCP can extend these deadlines.

Non-Retaliation

    OFCCP regulations, Title VII and the ADA require employers to take 
all necessary steps to assure that there is no retaliation against any 
person who files a complaint or assists in its investigation. This 
includes any intimidation, threat, coercion or discrimination. Please 
notify OFCCP immediately if you believe that you have experienced such 
retaliation.

Privacy Act Statement

    Executive Order 11246, as amended, Section 503 of the 
Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans' 
Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212), Title 
VII of the Civil Rights Act of 1964 (Title VII), as amended and Title I 
of the Americans with Disabilities Act of 1990 (ADA), as amended 
authorize the collection of this information. OFCCP uses this 
information to process complaints and conduct investigations of alleged 
violations of the above laws. OFCCP will provide a copy of this 
complaint to the employer against whom it is filed, and when the 
matters alleged are covered by Title VII and/or the ADA, to the U.S. 
Equal Employment Opportunity Commission (EEOC). The information 
collected may be: 1) verified with others who may have knowledge 
relevant to the complaint; 2) used in settlement negotiations with the 
employer or in the course of presenting evidence at a hearing; or 3) 
disclosed to other agencies with jurisdiction over the complaint.
    Providing this information is voluntary; however, failure to 
provide the information may delay or prevent OFCCP from investigating 
your complaint and, for matters covered by Title VII or the ADA, may 
affect your right to sue under those laws.

Public Burden Statement

    The estimated time to complete this form is 1 hour, including time 
for reviewing instructions, filling out the form and sending it to 
OFCCP. Please note that you are not required to respond to this 
collection of information unless it displays a currently valid OMB 
Control Number.
    If you have comments regarding the estimate or any other aspect of 
this complaint form, including suggestions for reducing the burden, 
send them to the OFCCP Policy Division (1250-0002), 200 Constitution 
Avenue, N.W., Room C3325, Washington, D.C. 20210. Please do not send 
the completed complaint form to this address.

Definitions:

    Veterans Status \9\ includes the following categories of protected 
veterans:
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    \9\ 41 CFR 60-300.2
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    Disabled Veteran--A veteran of the United States military, ground, 
naval or air service who is entitled to compensation (or who but for 
the receipt of military retired pay would be entitled to compensation) 
under laws administered by the Secretary of Veterans Affairs, or a 
veteran who was discharged or released from active duty because of a 
service-connected disability.
    Armed Forces Service Medal Veteran--A veteran who, while serving on 
active duty in the U.S. military, ground, naval or air service, 
participated in a United States military operation for which an Armed 
Forces service medal was awarded.
    Recently Separated Veteran--Any veteran who was discharged or 
released from active duty in the U.S. military ground, naval, or air 
service three years or fewer from the date of the alleged 
discriminatory or retaliatory activity.
    Active Duty Wartime or Campaign Badge Veteran--A veteran who served 
on active duty in the U.S. military, ground, naval, or air service 
during a war or in a campaign or expedition for which a campaign badge 
has been authorized, under the laws administered by the Department of 
Defense.
    Pre-JVA Veteran--A veteran who is an employee of or applicant to a 
contractor with a contract of $25,000 or more entered into prior to 
December 1, 2003 and unmodified since to $100,000 or more, and who is a 
special disabled veteran, veteran of the Vietnam era, pre-JVA recently 
separated veteran, or other protected veteran as defined below:

[[Page 6932]]

    Special Disabled Veteran--A veteran who is entitled to compensation 
(or who but for the receipt of military retired pay would be entitled 
to compensation) under the laws administered by the Department of 
Veterans Affairs for disability; rated at 30 percent or more; or 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 a person 
who was discharged or released from active duty because of a service 
connected disability.
    Veteran of the Vietnam Era--A veteran who served on active duty for 
a period of more than 180 days, and was discharged or released with 
other than a dishonorable discharge, if any part of such active duty 
occurred in the Republic of Vietnam between February 28, 1961 and May 
7, 1975; or between August 5, 1964 and May 7, 1975, in all other cases; 
or was discharged or released from active duty for a service-connected 
disability if any part of such active duty was performed in the 
Republic of Vietnam between February 28, 1961 and May 7, 1975; or 
between August 5, 1964 and May 7, 1975.
    Pre-JVA Recently Separated Veteran--A pre-JVA recently separated 
veteran means a pre-JVA veteran separated during the one-year period 
beginning on the date of the pre-JVA veteran's discharge or release 
from active duty.
    Other Protected Veteran--A veteran who served on active duty during 
a war or in a campaign or expedition for which a campaign badge has 
been authorized, under the laws administered by the Department of 
Defense.

[FR Doc. 2014-02426 Filed 2-4-14; 8:45 am]
BILLING CODE 4510-CM-P