[Federal Register Volume 79, Number 186 (Thursday, September 25, 2014)]
[Rules and Regulations]
[Pages 57463-57476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22818]


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DEPARTMENT OF LABOR

Veterans' Employment and Training Service

41 CFR Parts 61-250 and 61-300

RIN 1293-AA20


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 (VETS or the 
Agency) is issuing this Final Rule to revise the regulations 
implementing the reporting requirements under the Vietnam Era Veterans' 
Readjustment Assistance Act of 1974, as amended (VEVRAA). Generally, 
VEVRAA requires Federal contractors and subcontractors to annually 
report on the total number of their employees who belong to the 
categories of veterans protected under VEVRAA, and the total number of 
those protected veterans who were hired during the period covered by 
the report.
    This Final Rule rescinds the regulations that prescribe the 
reporting requirements applicable to Government contracts and 
subcontracts entered into before December 1, 2003, because those 
regulations are now obsolete. In addition, this Final Rule revises the 
regulations that prescribe the reporting requirements applicable to 
Government contracts and subcontracts of $100,000 or more entered into 
or modified after December 1, 2003, by changing the manner in which 
Federal contractors report on their employment of veterans. The Final 
Rule renames the annual report required under those regulations the 
Federal Contractor Veterans' Employment Report VETS-4212. Further, the 
Final Rule revises regulations that address the definitions of terms 
used in the regulations, the text of the reporting requirements clause 
included in Government contracts and subcontracts, and the methods of 
filing the annual report on veterans' employment.
    Contractors and subcontractors will have to comply with the 
reporting requirements in the Final Rule beginning with the annual 
report filed in 2015.

DATES: Effective Date: This rule is effective October 27, 2014.

FOR FURTHER INFORMATION CONTACT: Kenan Torrans, Deputy Director for 
Compliance and Investigations, Office of National Programs, Veterans' 
Employment and Training Service, U.S. Department of Labor, 200 
Constitution Avenue NW., Room S-1312, Washington, DC 20210, 
[email protected], (202) 693-4731 (this is not a toll-free 
number).
    For press inquiries, contact Egan Reich, Office of Public Affairs, 
U.S. Department of Labor, 200 Constitution Avenue NW., Room S-1032, 
Washington, DC 20210, [email protected], (202) 693-4960 (this is not a 
toll-free number).

SUPPLEMENTARY INFORMATION:

I. Background

    On February 24, 2014, the Department of Labor's Veterans' 
Employment and Training Service (VETS) issued a notice of proposed 
rulemaking (NPRM) to revise the regulations implementing the reporting 
requirements under the Vietnam Era Veterans' Readjustment Assistance 
Act of 1974, as amended (VEVRAA), 38 U.S.C. 4212(d). VETS invited 
interested parties to provide written comments on the proposed 
regulations and related specific issues identified in the NPRM. The 
written comment period closed on April 25, 2014, and VETS considered 
all timely comments received in response to the proposed regulations.
    VETS received timely comments from five sources. Commenters 
included: an organization representing human resource professionals, 
three organizations representing Federal contractors and 
subcontractors, and an organization representing human resource 
professionals and related groups in employment law compliance matters. 
The comments comprised several concerns addressed to approximately 
eight topics set forth in VETS' NPRM. Several comments were more 
general plaudits or criticisms; the majority specifically addressed 
discrete issues contained in VETS' proposed

[[Page 57464]]

rule. VETS appreciates the comments, ideas, and suggestions received.

II. Statutory Authority

    VEVRAA authorizes the Secretary of Labor to prescribe regulations 
implementing the reporting requirements of the law that apply to 
Federal contractors and subcontractors.\1\ 38 U.S.C. 4212(d)(1). VETS 
issues these regulations under that authority in order to guide 
contractors concerning their annual reporting obligations.
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    \1\ Hereinafter, we refer to Federal contractors and 
subcontractors collectively as ``contractors'' unless otherwise 
specified, given that obligations for contractors and subcontractors 
with qualifying contracts are identical.
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III. Background on the VEVRAA Reporting Requirement

    VEVRAA obligates contractors that are subject to the statute's 
affirmative action provisions codified at 38 U.S.C. 4212(a) to report 
annually to the Secretary of Labor on the number of employees and new 
hires protected under the statute. In 2008, VETS promulgated two sets 
of regulations necessitated by the Jobs for Veterans Act (JVA) (Pub. L. 
107-288), implementing statutory reporting requirements under VEVRAA.
    Prior to the JVA amendments, VEVRAA required contractors to report 
annually the number of employees in their workforces, by job category 
and hiring location, and the number of new hires during the reporting 
period, who are special disabled veterans, veterans of the Vietnam era, 
recently separated veterans, and veterans who served on active duty 
during a war or in a campaign or expedition for which a campaign badge 
has been authorized. The part 61-250 regulations implement these 
reporting requirements and apply to contracts of $25,000 or more 
entered into before December 1, 2003, unless they were modified on or 
after that date and have a value of $100,000 or more. The existing part 
61-250 regulations require covered contractors to use the VETS-100 
Federal Contractor Veterans' Employment Report (VETS-100 Report), and 
provide data regarding veterans' employment in the four categories of 
veterans protected under VEVRAA pre-JVA and in the nine occupational 
categories used in the EEO-1 Standard Employer Information Report (EEO-
1 Report), prior to the revision of the EEO-1 Report in 2007.
    The JVA amendments increased the contract threshold amount that 
triggers the reporting requirement from $25,000 to $100,000, and 
changed the categories of veterans protected under the Act. As amended 
by the JVA, VEVRAA requires contractors to report the number of 
employees in their workforces, by job category and hiring location, and 
the number of new hires during the reporting period, who are 
``qualified covered veterans.'' 38 U.S.C. 4212(d)(1). The statute 
defines ``covered veteran'' as any of the following veterans: (1) 
Disabled veterans; (2) Armed Forces service medal veterans; (3) 
veterans who served on active duty during a war or in a campaign or 
expedition for which a campaign badge has been authorized; and (4) 
recently separated veterans. 38 U.S.C. 4212(a)(3). The JVA reporting 
requirements are implemented by the regulations in part 61-300 and 
apply to Government contracts of $100,000 or more entered into on or 
after December 1, 2003. A contract that was entered into before 
December 1, 2003, is subject to the part 61-300 regulations if it was 
modified on or after December 1, 2003, and meets the contract dollar 
threshold of $100,000 or more.
    The regulations in part 61-300 require contractors to use the 
Federal Contractor Veterans' Employment Report VETS-100A (VETS-100A 
Report) to provide the specified information on veterans' employment. 
Specifically, the VETS-100A Report, like the VETS-100 Report, requires 
contractors to report data on veterans' employment by the 10 
occupational categories and subcategories found on the revised EEO-1 
Report, and by each of the four categories of veterans protected under 
the JVA amendments.
    This Final Rule eases the reporting burden on Federal contractors 
and subcontractors, standardizes definitional terminology with the 
existing EEO-1 Report, renames the required report the ``VETS-4212 
Report'' and provides a more useful tool for employers to assess the 
effectiveness of their applicable affirmative action programs.

IV. Plain Language

    VETS wrote the rule in the more personal style advocated by the 
Presidential Memorandum on Plain Language. ``Plain language'' 
encourages the use of:
     Personal pronouns (we and you);
     Sentences in the active voice; and
     A greater use of headings, lists, and questions.

V. Section-by-Section Summary of the Final Rule and Discussion of 
Comments

    This preamble sets out VETS' interpretation of the reporting 
requirement under VEVRAA, section-by-section. The preamble generally 
follows the outline of the rule, which in turn follows the outline of 
the reporting requirements in VEVRAA. Within each section of the 
preamble, VETS has noted and responded to those comments that are 
addressed to that particular section of the rule. However, before 
setting out the section-by-section analysis, VETS will first 
acknowledge and respond to some broader comments that were not 
addressed to a specific proposal.

A. General Comments

    VETS received one comment suggesting that it should publicly 
disclose aggregate protected veteran workforce data and related 
percentages of protected veterans in the Federal contractor workforce, 
using the data reported by Federal contractors under the VETS-4212 
Report, so as to be useful to contractors when assessing the 
effectiveness of their veteran outreach programs, in accordance with 
the Office of Federal Contract Compliance Programs' (OFCCP) VEVRAA 
regulations at 41 CFR part 60-300, et seq. VETS acknowledges the 
comment, and intends for Federal contractors to use data showing the 
total number of protected veterans employed and newly hired during the 
reporting period to monitor the success of their recruitment and 
outreach efforts in attracting protected veterans. VETS also concurs 
with the suggestion of disclosure, and notes that information currently 
collected from the VETS-100 and the VETS-100A reports is available to 
the public on the Data.gov Web site at: http://catalog.data.gov/dataset/vets-100, and http://catalog.data.gov/dataset/vets-100a. Data 
collected through the VETS-4212 Report will similarly be made available 
to the public.
    Three commenters requested VETS include the VETS-4212 Report in the 
Final Rule and make it subject to notice and comment rulemaking. VETS 
proposed removing the VETS-4212 Report from the regulations so that it 
would be easier to make future changes to the annual report that did 
not require notice and comment rulemaking. Accordingly, under the Final 
Rule, the VETS-4212 Report is not included in the regulatory text or as 
an appendix.
    As VETS explained in the NPRM, the public still would have an 
opportunity to comment on any changes to the annual report under the 
Paperwork Reduction Act (PRA) clearance procedures. Thus, in the PRA 
section of the NPRM, VETS stated that the proposed VETS-4212 Report and 
instructions could be obtained from the RegInfo.gov Web site or by 
contacting VETS, and invited the public to provide comments to both 
VETS and the Office of Management and Budget (OMB) as to the specific 
format and content of the

[[Page 57465]]

proposed VETS-4212 Report. OMB received no such comments, and the 
comments received by VETS on the proposed VETS-4212 Report are 
addressed below. By taking the VETS-4212 Report out of the regulations, 
VETS can adopt changes that would not require formal rulemaking, which 
takes considerably more time, while still retaining the ability for 
interested parties to comment through PRA clearance. VETS' preferred 
course therefore ultimately makes it more responsive to future concerns 
from interested parties.
    Four commenters recommended that the VETS-4212 Report be modified 
to reflect the same numbering system as the EEO-1 Report, to ease the 
burden on Federal contractors in meeting their reporting obligations 
for both reports. VETS agrees, and will renumber the job categories on 
the VETS-4212 Report to mirror the numbering system on the EEO-1 
Report. The job categories on both the EEO-1 and the VETS-4212 Reports 
will be the same.
    One commenter generally asserted that some of the fields on the 
VETS-4212 Report are not required by statute. For example, the 
commenter observed that VEVRAA requires contractors to report the total 
number of new hires during the reporting period who are protected 
veterans, but the statute does not require new hire data to be reported 
by job category. VETS has taken this comment under consideration, and 
has modified the VETS-4212 Report to indicate that providing data on 
new hires by job category is optional. In addition, VETS has included 
an instruction that ``answers to questions in all areas of the VETS-
4212 Report are mandatory unless otherwise specified.''
    VETS received one comment that its estimate of burden hours for the 
VETS-4212 Report is incorrect, and that the elimination of data fields 
will have no impact on the time necessary to complete the report. After 
careful reconsideration, VETS stands by its estimate. The VETS-4212 
Report requires 50 percent fewer reportable items than the currently 
approved VETS-100A Report. Additionally, VETS expects that contractors' 
burden hours will be further reduced by the rescission of the part 61-
250 regulations. As set forth in the NPRM, VETS calculates that as a 
result of these changes, over a ten-year period, the revisions should 
save Federal contractors about 804,300 burden hours and approximately 
$18.2 million in salary equivalent burden costs.
    VETS established a base for calculating burden hours utilizing 
burden hours calculated in 2008 to assess the time and cost necessary 
to complete the VETS-100 and VETS-100A Reports. VETS conducted field 
testing and market research in conjunction with a number of employers 
and professional associations as part of its calculation of the burden 
associated with the VETS-100A Report; one of those associations, 
affiliated with the contractor community, commented on the NPRM, and 
did not object to VETS' calculus.
    According to the commenter who objected to VETS' calculus for 
determining time and cost associated with completing the VETS-4212 
Report, VETS underestimated the amount of time required to retrieve, 
review, correct, edit, and compile the information necessary for 
completing these reports. However, VETS notes that contractors may use 
the human resources information systems which are already in place for 
their existing VETS-100A reporting obligations to collect the 
information required in the Final Rule. Therefore, since the 
information to be collected has not materially changed, a contractor 
will have only a one-time modification of its systems which would not 
require the contractor to implement additional procedures to retrieve, 
review, correct, edit, and compile the report as the commenter 
suggested.
    In addition, historical reporting information reinforces VETS 
position that minimal changes to the contractors' reporting method, 
combined with the reduction in the number of items reported annually, 
result in an estimated time required to complete a VETS-4212 Report 
that is consistent with what VETS estimated in the NPRM for the part 
61-300 regulations.
    VETS received one comment proposing to change the effective date of 
the reporting requirements from one year after the effective date of 
the Final Rule to ``one year after the effective date of the final 
rule, or at the start of the next Affirmative Action Program (AAP) 
cycle, whichever is later,'' in order to be as flexible as the new 
OFCCP regulations. VETS notes that the VETS-4212 and AAP reporting 
requirements are separate obligations, and the two obligations have 
never been connected. Accordingly, VETS respectfully declines to adopt 
this proposal. When VETS proposed in the NPRM that contractors begin 
complying with reporting requirements in the revised part 61-300 
regulations one year after the effective date of the Final Rule, VETS 
contemplated that contractors would use the VETS-4212 Report for the 
first time in 2015. Accordingly, VETS has clarified that contractors 
will be required to comply with the revised regulations beginning with 
the VETS-4212 Report that is filed in 2015.
    The existing instructions for completing the VETS-100/100A Reports 
give multi-establishment employers that have hiring locations employing 
fewer than 50 employees two options for reporting: (1) File a separate 
annual report for each hiring location employing fewer than 50 
employees; or (2) file consolidated reports that cover multiple hiring 
locations within one State that have fewer than 50 employees. One 
commenter recommended that contractors with hiring locations employing 
fewer than 50 employees be allowed to report on their employment of 
protected veterans by providing a list showing the name, address, and 
total employment of each hiring location employing fewer than 50 
employees and a data grid combining all employees working at those 
hiring locations by relevant job category, instead of being required to 
file consolidated reports that cover all hiring locations within one 
State. According to the commenter, this change would make the structure 
of VETS reporting identical to that of EEO-1 reporting. However, VETS 
believes that consolidated veterans' employment data at the State level 
would be more useful to contractors than aggregated data at a national 
level when evaluating their efforts to employ and promote protected 
veterans. Accordingly, the agency has not adopted this recommendation.
    Finally, one commenter suggested that VETS should refer to 
``establishments'' rather than ``hiring locations'' since those terms 
may have different meanings to different contractors. The term ``hiring 
location'' is set forth in the statute, and VETS respectfully declines 
to use or substitute the term ``establishments'' for ``hiring 
locations'' in that section.

B. Section-by-Section Analysis

41 CFR Part 61-250
    In the NPRM, VETS proposed rescinding the regulations in part 61-
250. Commenters to the NPRM were generally supportive of this 
rescission, and agreed that these regulations were obsolete. VETS did 
not receive any comments suggesting that contracts covered under the 
part 61-250 regulations were still active. This echoes comments OFCCP 
received during its 2013 rulemaking that rescinded the part 60-250 
regulations, which indicate that no such contracts still exist.
    The part 61-250 regulations apply only to contracts and 
subcontracts of

[[Page 57466]]

$25,000 or more entered into prior to December 1, 2003, that have not 
been modified since that time or have a value of less than $100,000. 
VETS believes no contracts subject to the part 61-250 regulations exist 
today because the Federal Acquisition Regulations (FAR) generally limit 
the length of government contracts to a maximum period of five 
years.\2\ Any existing contracts entered into before December 1, 2003, 
would have been modified since that date, and if valued at $100,000 or 
more would be covered under the part 61-300 regulations. OFCCP 
published a final rule on September 24, 2013 (78 FR 58613), revising 
regulations implementing the affirmative action provisions of VEVRAA. 
That final rule rescinded the regulations in part 60-250, which apply 
to contracts entered before December 1, 2003. In the final rule's 
preamble, OFCCP stated that the rescission of the part 60-250 
regulations was supported by the commenters, many of whom echoed the 
agency's belief that any contracts for $25,000 or more entered into 
prior to December 1, 2003, have either terminated or since been 
modified (which, if $100,000 or more would be covered under OFCCP's 
part 60-300 regulations). 78 FR at 58619.
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    \2\ FAR 16.505(c)(1) stipulates that indefinite-delivery task-
order contracts for advisory and assistance services cannot exceed 
five years. FAR 17.104(a) establishes a maximum length of five years 
for multi-year contracts. For contracts with options, FAR 17.204(e) 
states that the total of the base and options periods cannot exceed 
five years. FAR 17.204(e) provides an exception to the five-year 
limit for information technology (IT) contracts and special cases 
approved in accordance with agency procedures. Further, FAR 22.1002-
1 provides that contracts for services that are subject to the 
Services Contract Act may not exceed five years.
    Although the FAR exempts certain IT contracts from the five-year 
maximum, agencies may limit the duration so that they can re-compete 
the contract to take advantage of improvements in service delivery 
and supplies that subsequently occur in the IT industry. See e.g., 
Office of Personnel Management, Contracting Policy No. 17.204 
Contract Length, January 7, 2007, available at www.opm.gov/DoingBusiness/contract/. . . /17.204ContractLength.pdf.
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    Accordingly, this Final Rule eliminates the part 61-250 regulations 
in full.
41 CFR Part 61-300
Section 61-300.1 What is the purpose and scope of this part?
    This section outlines the purpose and scope of the regulations.
    VETS did not receive comments to this section.
    The Final Rule revisions to paragraph (a) were made necessary by 
the rescission of the part 61-250 regulations. The references to the 
part 61-250 regulations and the JVA have been deleted from paragraph 
(a) because the Final Rule eliminates the need to distinguish the 
coverage of the part 61-300 regulations from that of the part 61-250 
regulations. Additionally, paragraph (a) briefly describes the 
reporting obligations under VEVRAA, and states that contractors must 
provide the required information on veterans' employment by filing the 
VETS-4212 Report in accordance with the requirements of Sec.  61-
300.11.
    The Final Rule carries forward paragraph (b) of the existing 
regulation without change. As discussed below in the section-by-section 
analysis of Sec.  61-300.2, the Final Rule adds a definition for the 
term ``protected veteran.'' Accordingly, the term ``protected veteran'' 
has been substituted for the term ``veteran'' in paragraphs (c) and 
(d).
Section 61-300.2 What definitions apply to this part?
    This section contains the definitions of terms used in the 
regulations. VETS proposed multiple minor changes to this section in 
the NPRM.
    First, VETS proposed changing the term ``other protected veteran'' 
to the more descriptive ``active duty wartime or campaign badge 
veteran.'' The Veterans Employment Opportunity Act of 1998 (VEOA) 
amended VEVRAA by extending protection to the category of veterans 
``who served on active duty in the U.S. military, ground, naval, or air 
service during a war or in a campaign or expedition for which a 
campaign badge has been authorized under the laws administered by the 
Department of Defense.'' Both the VETS and OFCCP regulations 
implementing the VEOA amendments adopted the term ``other protected 
veteran'' to refer to the veterans belonging to this category. OFCCP's 
September 24, 2013, final rule replaces the term ``other protected 
veteran'' with the term ``active duty wartime or campaign badge 
veteran.'' As OFCCP explained in the final rule's preamble, the term 
``other protected veteran'' has been misinterpreted as a ``catch-all'' 
that includes all veterans rather than shorthand for the category of 
veterans who served on active duty during a war or in a campaign for 
which a campaign badge has been authorized (78 FR 58619, Sept. 24, 
2013). VETS agrees that the ``active duty wartime or campaign badge 
veteran'' is an appropriate classification for the category, and 
therefore the term is set forth in paragraph (b)(1) of Sec.  61-300.2.
    VETS received no comments on this change.
    VETS also proposed adding a definition for ``electronic filing or 
`e-filing''' in paragraph (b)(4). Under the Final Rule, ``electronic 
filing'' means using the VETS web-based filing system to file the VETS-
4212 Report. The Final Rule also defines ``electronic filing'' to 
include transmitting or delivering the VETS-4212 Report as an 
electronic data file.
    VETS received no comments on this change.
    The existing regulations include the term ``covered veteran'' and 
indicate that it means a veteran in any of the four categories defined 
in the section--disabled veteran, other protected veteran, Armed Forces 
service medal veteran, and recently separated veteran. OFCCP's Final 
Rule adds a definition for the term ``protected veteran'' and defines 
it to mean a veteran belonging to any of the four categories specified 
in the statute. For consistency, VETS has replaced the term ``covered 
veteran'' with the term ``protected veteran.'' Thus, paragraph (b)(10) 
defines ``protected veteran'' as a veteran who may be classified as a 
``disabled veteran,'' ``recently separated veteran,'' ``active duty 
wartime or campaign badge veteran,'' or an ``Armed Forces service medal 
veteran.''
    The Final Rule restructures and renumbers the definitions so that 
they are in alphabetical order and easier to find. In addition, the 
Final Rule eliminates the definitions for ``covered veteran,'' 
``covered incumbent veteran,'' ``other protected veteran,'' and 
``qualified.'' Further, definitions for ``active duty wartime or 
campaign badge veteran,'' ``protected veteran,'' and ``electronic 
filing'' are added under the Final Rule.
Section 61-300.10 What reporting requirements apply to Federal 
contractors and subcontractors and what specific wording must the 
reporting requirements contract clause contain?
    This section contains the reporting requirements clause that is to 
be included in each covered government contract or subcontract (and 
modifications, renewals, or extensions thereof if not included in the 
original contract). In existing Sec.  61-300.10, paragraphs (a)(1) and 
(2) of the reporting requirements clause call for contractors to 
provide the total number of employees, by job category and hiring 
location, and the number of new hires during the reporting period who 
are ``disabled veterans,'' ``other protected veterans,'' ``Armed Forces 
service medal veterans,'' and ``recently separated veterans.''

[[Page 57467]]

    Paragraphs (a)(1) and (2) of the clause are revised to require 
contractors to provide the total number of employees and new hires who 
are ``protected veterans.'' Paragraph (a)(4) now reflects the 
definition of ``protected veteran'' found in Sec.  61-300.2.
    VETS received one comment complimenting the elimination of 
reporting by specific protected veteran category as easing contractors' 
reporting obligations, and simplifying data collection and 
recordkeeping.
    The instructions for completing the existing VETS-100 and VETS-100A 
Reports are substantially similar. Reporting is based on the number of 
veterans in each category rather than the number of employees protected 
by VEVRAA. For example, an employee who is a disabled veteran and an 
Armed Forces service medal veteran would be counted in each of those 
protected veteran categories. Further, the existing VETS-100 and VETS-
100A Reports do not ask contractors to provide the total number of 
protected veterans in their workforces. Nor do the reports ask 
contractors to report the total number of protected veterans who were 
hired during the reporting period. Moreover, because employees may be 
counted in more than one veteran category, it is not possible for the 
Government to determine the total number of protected veterans employed 
or newly hired in the contractor's workforce based on the data 
submitted in the existing VETS-100 and VETS-100A Reports.
    VETS believes it is preferable for contractors to report the total 
number of protected veterans employed and newly hired during the 
reporting period in the annual reports required under VEVRAA, rather 
than the total number of veterans protected under each category of 
protected veterans. Accordingly, VETS is revising the manner in which 
contractors report on their employment and hiring of employees 
belonging to the categories of veterans protected under VEVRAA.
    For example, data showing the total number of protected veterans 
employed and newly hired during the reporting period will be more 
appropriate for implementing the amendment to the reporting provisions 
under VEVRAA made by the Honoring America's Veterans and Caring for 
Camp Lejeune Families Act of 2012, (Pub. L 122-154). Section 708 of the 
Camp Lejeune Families Act, codified at 38 U.S.C. 4212(d)(3), requires 
VETS to publicly disclose the information reported in VETS-100 and 
VETS-100A Reports. The existing VETS-100 and VETS-100A Reports ask 
contractors to provide, by job category and hiring location, the number 
of employees in each of the specified categories of veterans. In many 
instances, the category might include only one employee, and currently 
it might be possible to discern the identities of disabled veteran 
employees because the reports disclose the number of employees who are 
disabled veterans. For example, if a contractor's VETS-100A Report 
lists two employees in the Executive/Senior Level Officials and 
Managers category, one of whom is a disabled veteran, the identity of 
the disabled veteran could be easily discovered.
    In addition, VETS believes its annual report to Congress on reports 
filed by contractors under VEVRAA will be more meaningful by providing 
aggregate data on the total number of protected veterans employed and 
newly hired by Federal contractors, the total number of employees in 
the workforce, and the total number of new hires. In the annual report 
to Congress required under 38 U.S.C. 4107, VETS currently includes data 
showing the number of veterans in each of the categories found on the 
VETS-100 and VETS-100A Reports. By making available data on the total 
number of protected veterans employed and newly hired by Federal 
contractors it will now be possible to include cross-year comparisons 
of Federal contractors' employment and hiring of protected veterans in 
the annual report, as well as the proportion of contractors' workforce 
and new hires made up by protected veterans. Information on the total 
number and proportion of protected veterans employed and newly hired in 
Federal contractor workforces from year to year will show trends in the 
employment of protected veterans, and analyses of those trends can be 
used to assess the extent to which Federal contractors are providing 
employment opportunities to protected veterans.
    Further, data showing the total number of protected veterans that 
Federal contractors employed or hired during the reporting period will 
better assist contractors in complying with their affirmative action 
obligations under VEVRAA. Contractors subject to the reporting 
requirements under VEVRAA are also required under the Act to take 
affirmative action to employ and advance in employment protected 
veterans. 38 U.S.C. 4212(a). Under regulations published by OFCCP in 
September 2013, contractors' affirmative action obligations include an 
annual assessment of the effectiveness of their outreach and 
recruitment efforts that is premised, in part, on the hiring data that 
they collect. See 41 CFR 60-300.44(f)(3). VETS believes that the 
revised data collection under this Final Rule could aid Federal 
contractors to more effectively monitor the success of their 
recruitment and outreach efforts to attract protected veterans. VETS 
recognizes that the changes to the manner in which contractors report 
on their employment of protected veterans may require them to adjust 
their recordkeeping systems. Therefore, to ensure that contractors have 
sufficient time to make any needed adjustments, VETS will not require 
contractors to comply with the reporting requirements in the revised 
part 61-300 regulations until the reporting cycle in 2015.
    Accordingly, the Final Rule revises paragraphs (a)(1), (2), and (4) 
as noted, and revises paragraphs (b), (c), and (e) of the reporting 
requirements clause to refer to the ``VETS-4212 Report.'' Further, 
paragraph (e) no longer includes the term ``covered incumbent 
veterans'' because the Final Rule adopts the term ``protected 
veteran.'' No other changes are made to the reporting requirements 
clause in Sec.  61-300.10. Existing Sec.  61-300.10(c) provides that 
contractors must file reports by September 30 of each year following a 
calendar year in which a contractor held a covered contract or 
subcontract.
Section 61-300.11 When and how should Federal contractors and 
subcontractors file VETS-4212 Reports?
    Final Rule Sec.  61-300.11 addresses when and how contractors 
should file the report. The title to the section in the Final Rule is 
revised to refer to filing the VETS-4212 Report. References to the 
report ``form'' have been removed from Sec.  61-300.11 to better 
reflect that no physical form will be required, as the Final Rule 
allows the VETS-4212 Reports to be filed electronically as well as in 
paper format.
    Paragraph (a) provides that contractors must use the VETS-4212 
Report to provide the information on veterans' employment specified in 
the reporting requirements clause set forth in Sec.  61-300.10. This 
paragraph also provides that Federal contractors and subcontractors 
must provide the total number of current and newly hired employees in 
their workforces, as well as additional related information, on their 
VETS-4212 Reports. In addition, paragraph (a) incorporates various 
categories of veteran such as disabled, recently separated, active duty 
wartime or campaign badge, or Armed Forces service medal veterans under 
the broad term ``protected veteran.''
    One commenter suggested that VETS provide contractors a flexible 
alternative to the existing ``hiring location'' requirement for 
reporting information

[[Page 57468]]

because some employees are not assigned to a specific location.
    VETS notes that, for purposes of the statute, contractors' hiring 
actions typically occur at one or more specific hiring location. 
Accordingly, VETS believes that its long-standing policy of requiring 
contractors to report information by hiring location provides 
contractors a reliable basis to determine how to report information for 
employees who are not assigned to a specific location. In addition, 
this does not reflect a change in VETS' position, and was not offered 
as a revision for notice and comment in the NPRM. For these reasons, 
VETS declines to adopt this recommendation.
    Paragraph (b) requires that VETS-4212 Reports must be filed between 
August 1 and September 30 of each year following a calendar year in 
which a contractor held a contract. One commenter recommended that VETS 
allow contractors flexibility to choose a payroll period aligning with 
the EEO-1 Report to file their VETS-4212 Reports. VETS respectfully 
declines to modify the Final Rule to allow contractors to choose a 
payroll period aligning with the EEO-1 reporting date. VETS believes 
that contractors should be able to choose a date common to both reports 
given there is a two-month period common to both reports. The EEO-1 
Report must be filed no later than September 30, using employment 
figures for any pay period from July 1 through September 30. The filing 
period for the VETS-4212 Report is from August 1 to September 30, using 
employment data for the 12-month period preceding a date in the current 
year between July 1 and August 31 that represents the end of payroll 
period. Accordingly, contractors should be able to file both reports 
timely, using data from any pay period between July 1 and August 31, 
without difficulty.\3\
---------------------------------------------------------------------------

    \3\ Contractors that use December 31 as the ending date for the 
EEO-1 Report are permitted to use that date as the ending date for 
the 12-month reporting period for the VETS-4212 Report.
---------------------------------------------------------------------------

    Paragraph (c) of this section sets forth the methods for filing the 
VETS-4212 Report. Paragraph (c)(1)(i) addresses electronic filing by 
contractors with one hiring location and states that such contractors 
may complete and submit a VETS-4212 Report using the web-based filing 
system.
    Electronic filing by contractors with multiple hiring locations is 
addressed in paragraph (c)(1)(ii). Contractors with 10 or more hiring 
or business locations must file their VETS-4212 Reports electronically, 
either by using VETS' web-based electronic filing system or by 
submitting their VETS-4212 Reports in alternate electronic formats such 
as compact disc or flash drive. Under existing Sec.  61-300.11(b) 
contractors with more than 10 hiring locations that submit computer-
generated reports are required to submit the reports in an electronic 
data file. Similarly, paragraph (c)(1)(ii) requires contractors with 
more than 10 hiring locations to submit their VETS-4212 Reports in the 
form of an electronic data file and provides that the electronic data 
files may be submitted through the web-based filing system, transmitted 
electronically as an email attachment (if they do not exceed the size 
stated in the Department of Labor specifications), or submitted on a 
compact disc or other electronic storage media.
    Paragraph (c)(2) addresses ``alternative filing methods'' and 
provides that Federal contractors with up to 10 hiring locations may 
file the VETS-4212 Report in paper format. Paragraph (c)(2) explains 
that paper versions of the VETS-4212 Report may be downloaded from the 
VETS Web site or requested by writing to VETS at the address stated in 
the final regulation.
    VETS received two comments regarding its preference for electronic 
filing versus paper forms. One commenter proposed that contractors, 
regardless of size, be allowed to file manual (paper) forms, whereas 
another commenter proposed that paper forms should be allowed for 
contractors required to file electronically when electronic filing is 
unavailable. VETS recognizes that contractors may experience difficulty 
in submitting their reports when VETS' web-based electronic filing 
system is unavailable. Other means of electronic filing such as compact 
disc or flash drive are available, however, and contractors with 10 or 
fewer hiring locations may still file their reports in paper format. 
VETS declines to eliminate that requirement for contractors with more 
than 10 hiring locations. Such practice is consistent with the existing 
regulation and long-standing practice, and should not adversely affect 
those contractors. Moreover, in the event of an electronic filing 
system failure, VETS has the discretion to continue its practice of 
extending the filing cycle for a period of time commensurate with the 
disruption of the electronic filing system. Accordingly, the Final Rule 
states that contractors with 10 or fewer hiring locations may file 
their VETS-4212 Reports in paper format, but that all other contractors 
must submit their VETS-4212 Reports in one of the prescribed electronic 
formats.
Section 61-300.20 How will DOL determine whether a contractor or 
subcontractor is complying with the requirements of this part?
    This section states that OFCCP may determine whether a contractor 
has submitted a VETS-4212 Report as required by the regulations. The 
Final Rule carries forward this section without change, except that the 
word ``filed'' has been substituted for ``submitted'' and Sec.  61-
300.20 refers to the VETS-4212 Report.
    VETS did not receive comments on this section.
Section 61-300.99 What is the OMB control number for this part?
    The Final Rule makes no changes to this section.

Regulatory Procedures

Executive Order 12866 (Regulatory Planning and Review) and Executive 
Order 13563 (Improving Regulation and Regulatory Review)

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action,'' which requires review by the Office 
of Management and Budget (OMB), as ``any regulatory action that is 
likely to result in a rule that may: (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 
this Executive Order.''
    The economic, interagency, budgetary, legal and policy implications

[[Page 57469]]

of this regulatory action have been examined. As reflected in the cost 
and paperwork burden analysis in the section on Paperwork Burden and 
Compliance Costs, the Final Rule will not have an annual effect on the 
economy of $100 million or more, and it does not raise novel legal or 
policy issues. Accordingly, it has been determined that the Final Rule 
is not a significant regulatory action under Executive Order 12866.

Regulatory Flexibility Act and Executive Order 13272 (Consideration of 
Small Entities)

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601 et seq., 
requires agencies issuing rulemaking proposals to consider the impact 
they are likely to have on small entities. More specifically, the RFA 
requires agencies to ``review rules to assess and take appropriate 
account of the potential impact on small businesses, small governmental 
jurisdictions, and small organizations.'' If a proposed rule is 
expected to have a ``significant economic impact on a substantial 
number of small entities,'' the agency must prepare an initial 
regulatory flexibility analysis (IRFA). If, however, a proposed rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, the agency may so certify, and need not 
perform an IRFA. Further, if the Final Rule is expected to have a 
significant economic impact on a substantial number of small entities, 
a final regulatory flexibility analysis (FRFA) is required which must 
respond to comments on the IRFA and explain why significant 
alternatives were rejected.
    VETS certified in its NPRM that an IRFA was not required based on 
the lack of a significant economic impact on a substantial number of 
small entities. Based on the analysis below, in which VETS estimates 
the impact of complying with the requirements contained in this Final 
Rule on small entities that are Federal contractors, VETS certifies 
that this Final Rule will not have a significant economic impact on a 
substantial number of small entities, and thus an FRFA is not required.
    In making this certification, VETS determined the approximate 
number of regulated small entities that will be impacted by the Final 
Rule. Based on information in the VETS-100/100A Reporting System 
regarding reports on veterans' employment filed in 2012, VETS estimates 
that approximately 15,000 Federal contractors will be subject to the 
reporting requirements under the Final Rule. The size standard used by 
the Small Business Administration (SBA) to define small businesses 
varies by industry, but the SBA uses the ``fewer than 500 employees'' 
limit when making an across-the-board classification.\4\ Using VETS 
data applied to the SBA standard noted above, VETS assumes that 8,000 
of the Federal contractors subject to the Final Rule are small 
entities.\5\ VETS sought comment on that assumption, but did not 
receive any. While the guidance for FRFAs does not specifically define 
``substantial number,'' VETS concludes that the Final Rule may impact a 
substantial number of small entities.
---------------------------------------------------------------------------

    \4\ SBA Office of Advocacy Frequently Asked Questions about 
Small Business, September 2012, available at http://www.sba.gov/advocacy/7495/29581.
    \5\ The dollar amount of the government contract triggers the 
reporting requirement under VEVRAA. VETS does not maintain data on 
the size of Federal contractor workforces. However, VETS believes 
that a large number of Federal contractors and subcontractors employ 
more than 500 employees.
---------------------------------------------------------------------------

    However, VETS has determined that the impact on small entities 
affected by the Final Rule will not be significant. The objective of 
the Final Rule is to implement the reporting obligations under VEVRAA 
in a manner that provides meaningful data on Federal contractors' 
employment and hiring of protected veterans. As discussed below in the 
Paperwork Reduction Act section, the Final Rule will result in a 
significant reduction in paperwork burden for Federal contractors and 
subcontractors subject to the VETS-4212 reporting requirement over a 
ten-year period. VETS believes that Federal contractors may need to 
adjust their human resources (HR) information systems to provide the 
information requested in the VETS-4212 Report and therefore estimates 
one-time implementation costs would total $5.1 million. VETS estimates 
that all Federal contractors and subcontractors subject to the VETS-
4212 reporting requirement would have combined recurring annual costs 
of about $2.7 million. Thus, VETS estimates that the first-year 
compliance costs for the Final Rule for all contractors combined are 
approximately $7.8 million. Assuming that each contractor subject to 
the reporting requirement has a contract valued at the $100,000 minimum 
for coverage under VEVRAA, VETS estimates that each contractor's share 
of first-year compliance costs is about $520 ($7.8 million/15,000 
contractors) or about 0.52% of the $100,000 minimum contract. After the 
first year, each contractor's share of the recurring annual costs would 
be approximately $180 ($2.7 million/15,000) or about 0.18% of the 
$100,000 minimum contract. Accordingly, VETS considers it appropriate 
to conclude that the Final Rule will not have a significant economic 
impact on a substantial number of small entities. VETS invited comment 
from members of the public who believe there will be a significant 
economic impact on small entities that are Federal contractors. Other 
than the one comment, addressed previously, on VETS' calculus on burden 
hours, VETS received no other comments contesting its economic impact 
calculations.

Paperwork Reduction Act

    The collections of information contained in the existing part 61-
250 and part 61-300 regulations implementing the reporting requirements 
under VEVRAA are subject to review and approval by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995 
(PRA), 44 U.S.C. 3501 et seq. The existing information collection 
instruments--the VETS-100 Report that contractors subject to the part 
61-250 regulations are required to use, and the VETS-100A Report that 
contractors covered under the part 61-300 regulations must use to 
report annually on their veterans' employment--are currently approved 
under OMB Control No. 1293-0005.
    The Final Rule contains information collections that are subject to 
review and approval by OMB under the PRA. Section 61-300.11 now 
requires contractors to use a simplified collection instrument renamed 
the VETS-4212 Report to provide the total number of employees in their 
workforces; the total number of such employees, by job category and 
hiring location, who are protected veterans; the total number of new 
hires during the reporting period covered by the report; the total 
number of new hires who are protected veterans; and the maximum and 
minimum number of employees of such contractor during the period 
covered by the report.
    Under the existing part 61-300 regulations, the collection 
instrument--the VETS-100A Report--is published as an appendix to the 
regulations. The Final Rule does not include the collection instrument 
in the regulations so that it will be easier to make future changes 
that do not require notice and comment rulemaking under the 
Administrative Procedure Act. However, the public will still be able to 
comment on any subsequent changes to the collection instrument under 
the PRA clearance procedures, as addressed previously.

[[Page 57470]]

    The recordkeeping and reporting burden for the collection of 
information in Sec.  61-300.11 is imposed through the preparation and 
submission of the VETS-4212 Report, which is discussed in the paperwork 
burden analysis of the report below. A copy of the information 
collection request with applicable supporting documentation, including 
the VETS-4212 Report and instructions, a description of the likely 
respondents, proposed frequency of response, and estimated total burden 
may be obtained from the RegInfo.gov Web site, http://www.reginfo.gov/public/do/PRAMain.
    VETS encouraged comments from the public on the continued 
collection of information for the VETS-100A Report as well as those in 
the NPRM, including comments about the specific format and content of 
the VETS-4212 Report that VETS is requiring contractors to use to 
report annually information on their employment of protected veterans.
    VETS sought comments that:
    (1) Evaluated whether the information collection is necessary to 
the proper performance of the agency, including whether the information 
will have practical utility;
    (2) Evaluated the accuracy of the agency's estimate of the 
projected burden of the collection of information, including the 
methodology and assumptions used;
    (3) Enhanced the quality, utility and clarity of the information to 
be collected; and
    (4) Minimized the burden of the collection of information on those 
required to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology (e.g., permitting 
electronic submission of responses).
    VETS received comments regarding the format and content of the 
VETS-4212 Report, which have been addressed above in the preamble 
discussion of the General Comments. As noted above, in response to one 
of these comments, VETS will indicate that providing information on new 
hires by job category on the VETS-4212 Report is optional. VETS also 
received one comment that its estimate of burden hours for the VETS-
4212 Report is incorrect, and that the elimination of data fields will 
have no impact on the time necessary to complete the report. As VETS 
explained above in the preamble discussion of the General Comments, 
VETS believes its burden estimates are accurate.
    Contractors and other members of the public were encouraged to 
provide data where estimates are provided or assumptions are described. 
This data would help VETS refine estimates of the amount of time needed 
to fulfill the reporting requirements. VETS notes that a Federal agency 
cannot conduct or sponsor a collection of information unless OMB 
approves it under the PRA, and it displays a currently valid OMB 
control number. The public is not required to respond to a collection 
of information unless it displays a currently valid OMB control number. 
In addition, notwithstanding any other provisions of law, no person 
shall be subject to penalty for failing to comply with a collection of 
information if the collection of information does not display a 
currently valid OMB control number. The information collection in the 
Final Rule is not effective until the final regulations become 
effective and VETS publishes a Federal Register Notice announcing OMB's 
approval of the new information collection instrument.

Paperwork Burden and Compliance Costs

Estimate of the Burden for the Collection of Information
    The paperwork burden that results from the Final Rule is comprised 
of two components. The first component is the one-time burden of the 
hours and their equivalent salary cost associated with contractors 
adjusting their recordkeeping systems to generate the information on 
veterans' employment required by the revisions to Sec.  61-300.11 and 
the VETS-4212 Report. The second component is the ongoing annual burden 
(number of burden hours and their equivalent salary cost and the 
mailing cost) required for contractors to file annually the VETS-4212 
Report.
    The currently approved Information Collection Request for the VETS-
100 and VETS-100A Reports contain paperwork burden hours and costs that 
are based on the total number of respondents and VETS-100 and VETS-100A 
Reports filed in 2010. The paperwork burden and costs associated with 
the VETS-4212 Report are based on data showing the actual number of 
respondents, and the VETS-100 and VETS-100A Reports filed in 2012.
One-Time Implementation Burden and Costs
    In 2012, 14,714 contractors filed the VETS-100A Report, while 
nearly 5,960 filed the VETS-100 Report. Now that the 61-250 regulations 
are rescinded, the unnecessary duplicate filings many contractors do 
now will be eliminated, and VETS estimates that 15,000 contractors will 
file the VETS-4212 Report.
    VETS assumes that contractors subject to the VETS-4212 reporting 
requirement will make adjustments to their human resources (HR) 
information systems to provide the data requested in the VETS-4212 
Report. VETS expects the burden hours and costs for making such 
adjustments will be greater for contractors that electronically file 
annual reports on veterans' employment than they will be for 
contractors that file paper versions of the annual report. In 2012, 
approximately 98% of contractors electronically filed their annual 
reports, and therefore VETS estimates that 98% or 14,700 contractors 
will electronically file the VETS-4212 Report. VETS believes a software 
developer will take about 8 hours to make the one-time modification to 
the HR information system of a contractor that electronically files 
annual reports. Accordingly, the estimated burden for electronic filers 
to make the one-time change to their HR information systems is 117,600 
hours (14,700 x 8). The estimated cost for the system modifications for 
electronic filers is based on data from the Occupational Outlook 
Handbook (OOH), which lists the 2010 median compensation of $43.52 per 
hour for a software developer. VETS therefore estimates the one-time 
implementation salary costs for electronic filers would total 
$5,117,952.
    With respect to contractors that file paper versions of the annual 
report on veterans' employment, VETS believes that it will take a human 
resources specialist about two hours to make the one-time adjustment to 
the HR information system. The OOH lists $25.33 per hour as the 2010 
median compensation for a human resources specialist. The estimated 
burden for the 300 contractors that file paper versions of the annual 
report to make one-time adjustments to their HR information systems is 
600 hours, and the estimated cost is $15,198. Thus, VETS estimates that 
the one-time implementation salary costs for all contractors that are 
required to file the VETS-4212 Report would total $5,133,150.


[[Page 57471]]


 Contractors: 15,000 Federal Contractors
 Electronic Filing (98%): 14,700 contractors
 Paper filing (2%): 300 contractors
 Hours for software design: 8 Hrs. x 14,700 contractors = 
117,600 implementation work hours
 Hours for HR specialist: 2 Hrs. x 300 contractors = 600 
implementation work hours
 Salary for software developer: $43.52 per hour
 Salary for HR Specialist: $25.33 per hour
 Estimated One-time Salary Costs: $5,117,952 (electronic) + 
$15,198 (paper) = $5,133,150
Recurring Burden Hours and Other Cost Calculation
    The Final Rule requires contractors with a contract of $100,000 or 
more to file the VETS-4212 Report for each of their hiring locations. 
Table 1 shows 14,700 contractors submitted approximately 315,000 VETS-
100A Reports in 2012. VETS estimates that approximately 15,000 
contractors are subject to the VETS-4212 reporting requirement based on 
the number of VETS-100A reports filed in 2012.

                Table 1--VETS-100A Reports Filed in 2012
------------------------------------------------------------------------
             Submission from Federal contractors                 Totals
------------------------------------------------------------------------
Total Respondents............................................     14,700
Total Annual Responses.......................................    315,000
   Electronic Response...............................    308,700
   Paper Response....................................      6,300
------------------------------------------------------------------------

    The VETS-4212 Report requires fewer reportable items. The currently 
approved VETS-100A Report required under the existing part 61-300 
regulations has 82 unique reportable items. The VETS-4212 Report has 
just 42 unique items--a reduction of nearly 50 percent. The reduction 
in the number of reportable items is expected to reduce the time it 
takes to complete and file the annual report on veterans' employment. 
VETS estimates that it would take contractors 20 minutes (a reduction 
of 10 minutes per report) to complete and electronically file the VETS-
4212 Report and 40 minutes (a reduction of 20 minutes per report) to 
complete a paper version of the VETS-4212 Report.
    As shown in Table 2, VETS estimates that it would take 107,100 
burden hours annually to file electronic and paper versions of the 
VETS-4212 Report. VETS assumes human resources specialists would 
prepare and file the reports, and based on their 2010 median 
compensation of $25.33 per hour, VETS estimates that the annual salary 
cost for filing the VETS-4212 Report would total $2,712,843.
    In addition, VETS recognizes that the 300 contractors that file 
paper versions of the VETS-4212 Report will have operations and 
maintenance costs. VETS estimates that contractors on average will 
submit 21 VETS-4212 Reports and that it will cost approximately $.08 to 
print and/or copy each report. The estimated paper cost would be $504 
(300 x 21 x $.08). In addition, VETS estimates an average mailing cost 
of $1.92 for each submission. The estimated cost for mailing would be 
$576 (300 x $1.92). Accordingly, Table 2 shows the total estimated 
annual operations and maintenance costs would be $1,080.

 Table 2--Estimated Paperwork Burden and Costs for Filing the VETS-4212
                                 Report
------------------------------------------------------------------------
    Submission from Federal contractors       Total VETS-4212 reporting
------------------------------------------------------------------------
Total Respondents.........................                        15,000
Total Annual Responses (Avg. 21 Reports                  (15,000 x 21) =
 per Contractor)..........................                       315,000
     Electronic Responses (98% of                        308,700
     total responses).....................
     Paper Responses (2% of total                          6,300
     responses)...........................
Burden Hours:
     Electronic 20 min............                       102,900
     Paper 40 min.................                         4,200
Recurring Total Filing Burden Hours.......                       107,100
     Filing Salary Equivalent                         $2,712,843
     Burden Cost ($25.33).................
     Annual Operations and                                $1,080
     Maintenance Cost.....................
Recurring Total Annual Costs..............                    $2.713,923
Total One Time Implementation Burden Hours                       118,200
Total One Time Implementation Salary                          $5,133,150
 Equivalent Burden Cost...................
------------------------------------------------------------------------

    As Table 3 shows, the Final Rule is expected to reduce burden hours 
from the currently approved 199,350 to 107,100 total burden hours (a 
decrease of 46%). The reduction in burden hours comes from two sources: 
The rescission of the part 61-250 regulations and elimination of the 
VETS-100 reporting requirement, and the reduction in the number of 
unique items the contractor would be required to complete on the VETS-
4212 Report. Over a ten-year period, the regulation is expected to save 
Federal contractors about 804,300 burden hours and approximately 
$18,233,780 in salary equivalent burden costs.

[[Page 57472]]



                                    Table 3--Estimated Burden Hours and Costs
----------------------------------------------------------------------------------------------------------------
                                                                  Currently                         Change in
                                                                 approved ICR      VETS-4212        estimated
             Submission from Federal contractors                 for OMB No.        estimate       burden hours
                                                                  1293-0005                         and costs
----------------------------------------------------------------------------------------------------------------
Burden Hours:
     Annual burden calculation.......................          199,350          107,100         (92,250)
     One-Time Implementation Burden Hours............                0          118,200          118,200
First-Year Burden............................................          199,350          225,300           25,950
Burden Savings After Year One................................          199,350          107,100         (92,250)
Ten-Year Burden Savings......................................  ...............  ...............        (804,300)
Burden Costs:
     Annual Salary Equivalent Burden Cost ($25.33)          $5,049,536       $2,712,843     ($2,336,693)
     \6\.....................................................
     One Time Implementation Salary Equivalent Burden                0       $5,133,150       $5,133,150
     Cost....................................................
First-year Salary Equivalent Burden Cost.....................       $5,049,536       $7,845,993       $2,796,457
Salary Equivalent Costs Savings After Year One...............       $5,049,536       $2,712,843     ($2,336,692)
Ten-Year Salary Equivalent Cost Savings......................      $50,495,360      $32,261,580    ($18,233,780)
----------------------------------------------------------------------------------------------------------------

Ongoing information collections must be reauthorized by OMB at least 
every three years. The annualized burden over the three-year life-span 
of this collection is summarized as follows:
---------------------------------------------------------------------------

    \6\ The Supporting Statement for the currently approved VETS-
100/100A Reports (OMB No. 1293-0005) contains estimated salary 
equivalent burden costs that are based on the $16.00 hourly 
compensation of an unspecified contractor employee. The $25.33 per 
hour median compensation for a Human Resources Specialist is used to 
calculate the salary equivalent burden costs in this analysis. In 
order to calculate the change in salary equivalent costs resulting 
from the rule, VETS has used the $25.33 hourly compensation of the 
HR Specialist to calculate the salary equivalent burden cost for the 
currently approved burden hours.
---------------------------------------------------------------------------

    Agency: DOL-VETS.
    Title of Collection: Federal Contractor Veterans' Employment Report 
VETS-4212.
    OMB Control Number: 1290-0005.
    Affected Public: Private Sector--businesses or other for-profit and 
not-for-profit institutions; state, local, and tribal governments.
    Total Estimated Number of Respondents: 15,000.
    Total Estimated Number of Responses: 315,000.
    Total Estimated Annual Burden Hours: 107,100.
    Total Estimated Annualized Salary Equivalency: $4,423,893.
    Total Estimated Other Cost Burden: $1,080.
Small Business Regulatory Enforcement Fairness Act of 1996
    This rule is not a major rule as defined by Section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100 million or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of the United States-based companies to 
compete with foreign-based companies in domestic and export markets.

Unfunded Mandates Reform Act of 1995

    For purposes of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 
1532, this Final Rule does not include any Federal mandate that may 
result in excess of $100 million in expenditures by state, local, and 
tribal governments in the aggregate or by the private sector.

Executive Order 13132 (Federalism)

    VETS has reviewed this Final Rule in accordance with Executive 
Order 13132 regarding federalism, and has determined that it does not 
have ``federalism implications.'' 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.''

Executive Order 13175 (Consultation and Coordination With Indian Tribal 
Governments)

    This Final Rule does not have tribal implications under Executive 
Order 13175 that requires a tribal summary impact statement. The Final 
Rule does not have substantial direct effects on one or more Indian 
tribes, on the relationship between the Federal government and Indian 
tribes or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.

Effects on Families

    The undersigned hereby certifies that the Final Rule would not 
adversely affect the well-being of families, as discussed under Section 
654 of the Treasury and General Government Appropriations Act of 1999.

Executive Order 13045 (Protection of Children)

    This Final Rule would have no environmental health risk or safety 
risk that may disproportionately affect children.

Environmental Impact Assessment

    A review of this Final Rule in accordance with the requirements of 
the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et 
seq.; the regulations of the Council on Environmental Quality, 40 CFR 
part 1500 et seq.; and DOL NEPA procedures, 29 CFR part 11, indicates 
the Final Rule would not have a significant impact on the quality of 
the human environment. Thus, there is no corresponding environmental 
assessment or an environmental impact statement.

Executive Order 13211 (Energy Supply)

    This Final Rule is not subject to Executive Order 13211. It will 
not have a significant adverse effect on the supply, distribution, or 
use of energy.

Executive Order 12630 (Constitutionally Protected Property Rights)

    This Final Rule is not subject to Executive Order 12630 because it 
does not involve implementation of a policy that has takings 
implications or that could impose limitations on private property use.

Executive Order 12988 (Civil Justice Reform Analysis)

    This Final Rule was drafted and reviewed in accordance with 
Executive Order 12988 and will not unduly burden the Federal court 
system. The Final Rule was: (1) Reviewed to eliminate drafting errors 
and ambiguities; (2) written to minimize litigation; and (3) written to 
provide a

[[Page 57473]]

clear legal standard for affected conduct and to promote burden 
reduction.

List of Subjects

41 CFR Part 61-250

    Government contracts, reporting and recordkeeping requirements, 
Veterans.

41 CFR Part 61-300

    Government contracts, reporting and recordkeeping requirements, 
Veterans.

    Signed at Washington, DC, this 18th day of September 2014.
Keith Kelly,
Assistant Secretary of Labor for Veterans' Employment and Training 
Service.

    Accordingly, for the reasons stated in the preamble, under the 
authority of 38 U.S.C. 4212, Title 41 of the Code of Federal 
Regulations, Chapter 61 is amended as follows:

PART 61-250 [Removed]

0
1. Remove part 61-250.

0
2. Revise part 61-300 to read as follows:

PART 61-300--ANNUAL REPORT FROM FEDERAL CONTRACTORS

Sec.
61-300.1 What is the purpose and scope of this part?
61-300.2 What definitions apply to this part?
61-300.10 What reporting requirements apply to Federal contractors 
and subcontractors, and what specific wording must the reporting 
requirements contract clause contain?
61-300.11 When and how should Federal contractors and subcontractors 
file VETS-4212 Reports?
61-300.20 How will DOL determine whether a contractor or 
subcontractor is complying with the requirements of this part?
61-300.99 What is the OMB control number for this part?

    Authority: 38 U.S.C. 4211 and 4212.


Sec.  61-300.1  What is the purpose and scope of this part?

    (a) This part 61-300 implements 38 U.S.C. 4212(d). Each contractor 
or subcontractor who enters into a contract or subcontract in the 
amount of $100,000 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), must report annually to the Secretary of Labor information on 
the number of employees in its workforce who belong to the categories 
of veterans protected under the Act, and the number of those employees 
who were hired during the period covered by the report. Each contractor 
or subcontractor must provide the required information on veterans' 
employment by filing the Federal Contractor Veterans' Employment Report 
VETS-4212 (VETS-4212 Report), in accordance with the requirements of 
Sec.  61-300.11.
    (b) Notwithstanding the regulations in this part, the regulations 
at 41 CFR part 60-300, administered by OFCCP continue to apply to 
contractors' and subcontractors' affirmative action obligations 
regarding protected veterans.
    (c) Reporting requirements of this part regarding protected 
veterans will be deemed waived in those instances in which the Director 
of OFCCP has granted a waiver under 41 CFR 60-300.4(b)(1), or has 
concurred in the granting of a waiver under 41 CFR 60-300.4(b)(3), 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 protected veterans will be required.
    (d) 41 CFR part 60-300, subpart C and Appendix B to part 60-300 
provide guidance concerning the affirmative action obligations of 
Federal contractors toward applicants for employment who are protected 
veterans.


Sec.  61-300.2  What definitions apply to this part?

    (a) For the purposes of this part, the definitions for the terms 
``contract,'' ``contractor'', ``Government contract,'' ``subcontract,'' 
and ``subcontractor'' are the same as those set forth in 41 CFR part 
60-300.
    (b) For purposes of this part:
    (1) Active duty wartime or campaign badge veteran means 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.
    (2) Armed Forces service medal veteran means 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 pursuant to Executive Order 
12985 (61 FR 1209, 3 CFR, 1996 Comp., p. 159).
    (3) 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 Secretary of Veterans Affairs; or
    (ii) A person who was discharged or released from active duty 
because of a service-connected disability.
    (4) Electronic filing or ``e-filing'' means filing the VETS-4212 
Report via the VETS web-based filing system. E-filing also includes 
transmitting or delivering the VETS-4212 Report as an electronic data 
file. Instructions for electronically filing the VETS-4212 Report are 
found on VETS' Web site at: http://www.dol.gov/vets/vets100filing.htm.
    (5) 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 sales agents who are considered to be 
employees for such purposes solely because of the provisions of 26 
U.S.C. 3121 (d)(3)(B) (the Internal Revenue Code). Leased employees are 
included in this definition. Leased employee means a permanent employee 
provided by an employment agency for a fee to an outside company for 
which the employment agency handles all personnel tasks including 
payroll, staffing, benefit payments and compliance reporting. The 
employment agency shall, therefore, include leased employees in its 
VETS-4212 Report. The term employee shall not include persons who are 
hired on a casual basis for a specified time, or for the duration of a 
specified job (for example, persons at a construction site whose 
employment relationship is expected to terminate with the end of the 
employee's work at the site); persons temporarily employed in any 
industry other than construction, such as temporary office workers, 
mariners, stevedores, lumber yard workers, etc., who are hired through 
a hiring hall or other referral arrangement, through an employee 
contractor or agent, or by some individual hiring arrangement, or 
persons (except leased employees) on the payroll of an employment 
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.
    (6) 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,

[[Page 57474]]

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. For these 
physically dispersed activities, list as establishments only those 
relatively permanent main or branch offices, terminals, stations, etc., 
which are either:
    (i) Directly responsible for supervising such dispersed activities; 
or
    (ii) The base from which personnel and equipment operate to carry 
out these activities. (Where these dispersed activities cross State 
lines, at least one such establishment should be listed for each State 
involved).
    (7) Job category means any of the following: Officials and managers 
(Executive/Senior Level Officials and Managers and First/Mid-Level 
Officials and Managers), professionals, technicians, sales workers, 
administrative support workers, craft workers, operatives, laborers and 
helpers, and service workers, as required by the EEO-1 Report, as 
follows:
    (i) Officials and managers as a whole are to be divided into the 
following two subcategories: Executive/Senior Level Officials and 
Managers and First/Mid-Level Officials and Managers.
    (A) Executive/Senior Level Officials and Managers means 
individuals, who plan, direct and formulate policies, set strategy and 
provide the overall direction of enterprises/organizations for the 
development and delivery of products and services, within the 
parameters approved by boards of directors of other governing bodies. 
Residing in the highest levels of organizations, these executives plan, 
direct, or coordinate activities with the support of subordinate 
executives and staff managers. They include, in larger organizations, 
those individuals within two reporting levels of the Chief Executive 
Officer (CEO), whose responsibilities require frequent interaction with 
the CEO. Examples of these kinds of managers are: Chief executive 
officers, chief operating officers, chief financial officers, line of 
business heads, presidents or executive vice presidents of functional 
areas or operating groups, chief information officers, chief human 
resources officers, chief marketing officers, chief legal officers, 
management directors and managing partners.
    (B) First/Mid-Level Officials and Managers means individuals who 
serve as managers, other than those who serve as Executive/Senior Level 
Officials and Managers, including those who oversee and direct the 
delivery of products, services or functions at group, regional or 
divisional levels of organizations. These managers receive directions 
from Executive/Senior Level management and typically lead major 
business units. They implement policies, programs and directives of 
Executive/Senior Level management through subordinate managers and 
within the parameters set by Executives/Senior Level management. 
Examples of these kinds of managers are: Vice presidents and directors; 
group, regional or divisional controllers; treasurers; and human 
resources, information systems, marketing, and operations managers. The 
First/Mid-Level Officials and Managers subcategory also includes those 
who report directly to middle managers. These individuals serve at 
functional, line of business segment or branch levels and are 
responsible for directing and executing the day-to-day operational 
objectives of enterprises/organizations, conveying the directions of 
higher level officials and managers to subordinate personnel and, in 
some instances, directly supervising the activities of exempt and non-
exempt personnel. Examples of these kinds of managers are: First-line 
managers; team managers; unit managers; operations and production 
managers; branch managers; administrative services managers; purchasing 
and transportation managers; storage and distribution managers; call 
center or customer service managers; technical support managers; and 
brand or product managers.
    (ii) Professionals means individuals in positions that require 
bachelor and graduate degrees, and/or professional certification. In 
some instances, comparable experience may establish a person's 
qualifications. Examples of these kinds of positions include: 
accountants and auditors; airplane pilots and flight engineers; 
architects; artists; chemists; computer programmers; designers; 
dieticians; editors; engineers; lawyers; librarians; mathematical 
scientists; natural scientists; registered nurses; physical scientists; 
physicians and surgeons; social scientists; teachers; and surveyors.
    (iii) Technicians means individuals in positions that include 
activities requiring applied scientific skills, usually obtained by 
post-secondary education of varying lengths, depending on the 
particular occupation, recognizing that in some instances additional 
training, certification, or comparable experience is required. Examples 
of these types of positions include: drafters; emergency medical 
technicians; chemical technicians; and broadcast and sound engineering 
technicians.
    (iv) Sales workers means individuals in positions including non-
managerial activities that wholly and primarily involve direct sales. 
Examples of these types of positions include: advertising sales agents; 
insurance sales agents; real estate brokers and sales agents; wholesale 
sales representatives; securities, commodities, and financial services 
sales agents; telemarketers; demonstrators; retail salespersons; 
counter and rental clerks; and cashiers.
    (v) Administrative support workers means individuals in positions 
involving non-managerial tasks providing administrative and support 
assistance, primarily in office settings. Examples of these types of 
positions include: office and administrative support workers; 
bookkeeping; accounting and auditing clerks; cargo and freight agents; 
dispatchers; couriers; data entry keyers; computer operators; shipping, 
receiving and traffic clerks; word processors and typists; 
proofreaders; desktop publishers; and general office clerks.
    (vi) Craft workers means individuals in positions that include 
higher skilled occupations in construction (building trades craft 
workers and their formal apprentices) and natural resource extraction 
workers. Examples of these types of positions include: boilermakers; 
brick and stone masons; carpenters; electricians; painters (both 
construction and maintenance); glaziers; pipe layers, plumbers, 
pipefitters and steamfitters; plasterers; roofers; elevator installers; 
earth drillers; derrick operators; oil and gas rotary drill operators; 
and blasters and explosive workers. This category also includes 
occupations related to the installation, maintenance and part 
replacement of equipment, machines and tools, such as: automotive 
mechanics; aircraft mechanics; and electric and electronic equipment 
repairers. This category also includes some production occupations that 
are distinguished by the high degree of skill and precision required to 
perform them, based on clearly defined task specifications, such as: 
millwrights; etchers and engravers; tool and die makers; and pattern 
makers.
    (vii) Operatives means individuals in intermediate skilled 
occupations and includes workers who operate machines

[[Page 57475]]

or factory-related processing equipment. Most of these occupations do 
not usually require more than several months of training. Examples 
include: textile machine workers; laundry and dry cleaning workers; 
photographic process workers; weaving machine operators; electrical and 
electronic equipment assemblers; semiconductor processors; testers, 
graders and sorters; bakers; and butchers and other meat, poultry and 
fish processing workers. This category also includes occupations of 
generally intermediate skill levels that are concerned with operating 
and controlling equipment to facilitate the movement of people or 
materials, such as: bridge and lock tenders; truck, bus or taxi 
drivers; industrial truck and tractor (forklift) operators; parking lot 
attendants; sailors; conveyor operators; and hand packers and 
packagers.
    (viii) Laborers and helpers means individuals with more limited 
skills who require only brief training to perform tasks that require 
little or no independent judgment. Examples include: production and 
construction worker helpers; vehicle and equipment cleaners; laborers; 
freight, stock and material movers; service station attendants; 
construction laborers; refuse and recyclable materials collectors; 
septic tank servicers; and sewer pipe cleaners.
    (ix) Service workers means individuals in positions that include 
food service, cleaning service, personal service, and protective 
service activities. Skill may be acquired through formal training, job-
related training or direct experience. Examples of food service 
positions include: cooks; bartenders; and other food service workers. 
Examples of personal service positions include: medical assistants and 
other healthcare support positions; hairdressers; ushers; and 
transportation attendants. Examples of cleaning service positions 
include: cleaners; janitors; and porters. Examples of protective 
service positions include: transit and railroad police and fire 
fighters; guards; private detectives and investigators.
    (8) NAICS means the North American Industrial Classification 
System.
    (9) OFCCP means the Office of Federal Contract Compliance Programs, 
U.S. Department of Labor.
    (10) Protected veteran means a veteran who is protected under the 
non-discrimination and affirmative action provisions of the Act; 
specifically, a veteran who may be classified as a ``disabled 
veteran,'' ``recently separated veteran,'' ``active duty wartime or 
campaign badge veteran,'' or an ``Armed Forces service medal veteran,'' 
as defined in this section.
    (11) Recently separated veteran means a veteran during the three-
year period beginning on the date of such veteran's discharge or 
release from active duty in the U.S. military, ground, naval or air 
service.
    (12) 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.
    (13) VETS means the Office of the Assistant Secretary for Veterans' 
Employment and Training Service, U.S. Department of Labor.


Sec.  61-300.10  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.  61-300.1 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 clause required by 41 CFR 60-300.5. 
The reporting requirements clause is as follows:

Employer Reports on Employment of Protected Veterans

    (a) The contractor agrees to report at least annually, as 
required by the Secretary of Labor, on:
    (1) The total number of employees in the workforce of such 
contractor, by job category and hiring location, and the total 
number of such employees, by job category and hiring location, who 
are protected veterans;
    (2) The total number of new employees hired by the contractor 
during the period covered by the report, and of such employees, the 
number who are 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.
    (4) The term ``protected veteran'' refers to a veteran who may 
be classified as a ``disabled veteran,'' recently separated veteran, 
``active duty wartime or campaign badge veteran,'' or an ``Armed 
Forces service medal veteran,'' as defined in 41 CFR 61-300.2.
    (b) The above items must be reported by completing the report 
entitled ``Federal Contractor Veterans' Employment Report VETS-
4212.''
    (c) VETS-4212 Reports must be filed no later than September 30 
of each year following a calendar year in which a contractor or 
subcontractor held a covered contract or subcontract.
    (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-4212 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 60-300.42, 
voluntary self-disclosures by employees who are protected 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.


[End of Clause]


Sec.  61-300.11  When and how should Federal contractors and 
subcontractors file VETS-4212 Reports?

    (a) The VETS-4212 Report must be used to report the information on 
veterans' employment required in paragraph (a) of the contract clause 
set forth in Sec.  61-300.10. The VETS-4212 Report requires contractors 
and subcontractors to provide the total number of employees in their 
workforces by job category and hiring location; the total number of 
such employees, by job category and hiring location, who are protected 
veterans; the total number of new hires during the period covered by 
the report; the total number of new hires during the period covered by 
the report who are protected veterans; and the maximum and minimum 
number of employees of such contractor or subcontractor during the 
period covered by the report. Contractors and subcontractors must 
complete a VETS-4212 Report for each hiring location in the manner 
described in the instructions published on the VETS Web site and 
included in the paper version of the VETS-4212 Report.
    (b) VETS-4212 Reports must be filed between August 1 and September 
30 of each year following a calendar year in which a contractor or 
subcontractor held a contract or subcontract.
    (c)(1) Electronic filing. Instructions for e-filing the VETS-4212 
Report are found

[[Page 57476]]

on the Federal Contractor Reporting page on the VETS Web site at: 
http://www.dol.gov/vets/.
    (i) Single hiring location. Contractors and subcontractors doing 
business at one hiring location may complete and submit a single VETS-
4212 Report using the web-based filing system.
    (ii) Multiple hiring locations. Contractors and subcontractors 
doing business at more than 10 locations must submit their VETS-4212 
Reports in the form of an electronic data file in accordance with the 
instructions for filing the VETS-4212 Report. In these cases, state 
consolidated reports count as one location each. Contractors and 
subcontractors may submit VETS-4212 Reports in the form of electronic 
data files through the web-based filing system. Electronic data files 
also may be transmitted electronically as an email attachment (if they 
do not exceed the size stated in the specifications), or submitted on 
compact discs or other electronic storage media.
    (2) Alternative filing methods. (i) Contractors and subcontractors 
with 10 or fewer hiring locations may file their VETS-4212 Report in 
paper format. Contractors and subcontractors may download a version of 
the VETS-4212 Report from the VETS Web site or send a written request 
for the paper version of the VETS-4212 Report to: Office of the 
Assistant Secretary for Veterans' Employment and Training, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room S-1325, 
Washington, DC 20210, Attn: VETS-4212 Report Form Request.
    (ii) VETS-4212 Reports in paper format or electronic data files on 
compact discs or other electronic storage media may be delivered by 
U.S. mail or courier delivery service to the addresses set forth in the 
instructions for completing the report. Paper copies of the VETS-4212 
Reports and electronic data files (if they do not exceed the size 
stated in the specifications) also may be sent as email attachments to 
the address indicated in the instructions.


Sec.  61-300.20  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 VETS-4212 
Report(s) as required by this part.


Sec.  61-300.99  What is the OMB control number 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.

[FR Doc. 2014-22818 Filed 9-24-14; 8:45 am]
BILLING CODE 4510-79-P