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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: October 5, 2000

FROM: Barry McVay, CPCM

SUBJECT: Department of Labor; Annual Report From Federal Contractors Regarding Veterans' Employment

SOURCE: Federal Register, October 5, 2000, Vol. 65, No. 194, page 59683

AGENCIES: Department of Labor (DOL), Veterans' Employment and Training Service (VETS)

ACTION: Notice of Proposed Rulemaking

SYNOPSIS: DOL is proposing to revise its regulations regarding completion of VETS-100, Federal Contractor Veterans' Employment Report.

EDITOR'S NOTE: The DOL regulations pertaining to VETS-100 are in Title 41 of the Code of Federal Regulations (CFR), Public Contracts and Property Management; Chapter 61, Office of the Assistant Secretary for Veterans' Employment and Training, Department of Labor; Part 61-250, Annual Report From Federal Contractors.

For more on Federal Acquisition Regulation (FAR) coverage of this requirement, see FAR Subpart 22.13, Special Disabled and Vietnam Era Veterans (particularly FAR 22.1304, Department of Labor Notices and Reports), FAR 52.222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans; and FAR 52.222-37, Employment Reports on Special Disabled and Vietnam Era Veterans.

DATES: Comments must be received on or before December 4, 2000.

ADDRESSES: Send comments to Robert Wilson, Chief, Compliance Programs, VETS, U.S. Department of Labor, Room S-1316, 200 Constitution Avenue, NW, Washington, DC 20210, or by e-mail to Wilson-Robert@dol.gov. Written comments of no more than 10 pages may be transmitted by facsimile to 202-693-4755.

FOR MORE INFORMATION CONTACT: Robert Wilson, Chief, Compliance Programs, VETS.

SUPPLEMENTAL INFORMATION: The Veterans Employment Opportunity Act of 1998 did the following: (1) extended the affirmative action and reporting responsibilities of federal contractors and subcontractors, which previously covered veterans of the Vietnam era and special disabled veterans, to include any other U.S. veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized; (2) raised the reporting threshold for federal contractors and subcontractors from $10,000 to $25,000; and (3) added a requirement that contractors and subcontractors report the maximum number and the minimum number of persons they employed during the reporting period.

Also in 1998, to reduce the reporting burden on contractors, VETS changed the annual deadline for submission of the VETS-100 report from March 31 to September 30 to conform the VETS-100 reporting cycle to that of the EEO-1, Equal Employment Opportunity Employer Information Report.

This proposed rule would revise 41 CFR 61-250 to incorporate these changes, and it would rewrite 41 CFR 61-250 in "plain language" as instructed by the June 1, 1998, presidential memorandum "Plain Language in Government Writing" (most noticeably by rewording section headings into questions). In addition, the proposed rule would make other miscellaneous changes, such as replacing "Veterans Administration" with "Department of Veterans' Affairs" to reflect its upgraded status, and revising the numbering of cross-referenced regulations that have been changed over time.

Most significant of the miscellaneous changes would be in Section 61-250.11, On what form must the data required above be submitted?. Paragraph (b) would require most contractors and subcontractors that submit computer-generated output to do so in the form of an electronic file. Paragraph (c) would give small businesses the opportunity to submit the VETS-100 report by Internet (http://nvti.cudenver.edu/vets/vets100login.htm) and, since a company number is required to access the site, to obtain a company number by e-mail (to newcompany@vets100.com. Paragraph (e) would include the Internet address for obtaining VETS-100 information and necessary supplies (http://nvti.cudenver.edu/vets/vets100.asp). (EDITOR'S NOTE: The Internet addresses referenced in paragraphs (c) and (e) are incorrect because the sites do not exist.)

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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