[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Rules and Regulations]
[Pages 1986-1987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-209]
[[Page 1985]]
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Part XII
Department of Labor
_______________________________________________________________________
Office of Federal Contract Compliance Programs
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41 CFR Part 60-250
Affirmative Action Obligations of Contractors and Subcontractors for
Disabled Veterans and Veterans of the Vietnam Era; Final Rule
Federal Register / Vol. 60, No. 3 / Thursday, January 5, 1995 / Rules
and Regulations
[[Page 1986]]
DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
41 CFR Part 60-250
RIN 1215-AA62
Affirmative Action Obligations of Contractors and Subcontractors
for Disabled Veterans and Veterans of the Vietnam Era
AGENCY: Office of Federal Contract Compliance Programs, Labor.
ACTION: Final rule.
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SUMMARY: This final rule incorporates a statutory change in the
definition of ``veteran of the Vietnam era'' as that definition relates
to Federal contractors' and subcontractors' affirmative action
obligations with respect to such veterans, by eliminating the coverage
cut-off date of December 31, 1994. This rule also incorporates a
statutory change in the mandatory job listing provision by eliminating
the $25,000 per year salary ceiling and otherwise broadening the scope
of job openings that must be listed with the state employment service
by Federal contractors and subcontractors.
EFFECTIVE DATE: This regulation is effective January 5, 1995.
FOR FURTHER INFORMATION CONTACT:
Annie A. Blackwell, Director, Division of Policy, Planning and Program
Development, Office of Federal Contract Compliance Programs, Room C-
3325, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone
(202) 219-9430 (voice) and 1-800-326-2577 (TDD). Copies of this final
rule are available in the following formats: electronic file on
computer disk, large print and audio tape. They may be obtained at the
above office.
SUPPLEMENTARY INFORMATION:
A. Veteran of the Vietnam Era
Before it was amended in 1992, the affirmative action provisions of
the Vietnam Era Veterans' Readjustment Assistance Act at 38 U.S.C. 4212
(Section 4212 or VEVRAA) contained a sunset provision in the definition
of ``veteran of the Vietnam era'' that stipulated that no veteran could
be considered a ``veteran of the Vietnam era'' for the purposes of the
law after December 31, 1994. This sunset provision is codified in our
current regulatory definition of ``veteran of the Vietnam era'' found
at 41 CFR 60-250.2.
Section 502 of the Veterans' Benefits Act of 1992 (Pub. L. 102-568,
106 Stat. 4320, 4340 (1992)), repealed the December 31, 1994, sunset
date. The regulation published today amends OFCCP's definition of
``veteran of the Vietnam era'' to make it consistent with the 1992
amendment.
B. Mandatory Listing
Prior to amendments in 1994, Section 4212 required that Federal
contractors and subcontractors covered by the Act must list ``all * * *
suitable employment openings'' with the appropriate local employment
service office. The Act required those offices, in turn, to give
priority referrals to veterans for such openings. This obligation to
list job openings with the local employment service office is often
referred to as the ``mandatory listing'' requirement. Although Section
4212 did not define the term ``all * * * suitable employment
openings,'' this term was defined in OFCCP's regulations at 41 CFR 60-
250.4(h).
Section 702(a) of the Veterans' Benefits Improvements Act of 1994
(Pub. L. 103-446, 108 Stat. 4645, 4674 (1994)) expanded the scope of
employment openings to be listed with the state employment service
office by dropping the word ``suitable'' from the statutory phrase
``all * * * suitable employment openings,'' broadly defining the term
``all * * * employment openings,'' and limiting the exceptions to the
mandatory listing requirement. The amendment eliminated the salary
ceiling of $25,000 per year which was in the OFCCP regulations, and now
requires the listing of all employment openings except executive and
top management positions, positions that will be filled from within the
contractor's organization, and positions lasting three days or less.
The regulation published today amends the regulations prescribing the
employment openings to be listed with the state employment service to
make them consistent with the 1994 amendment.
The statutory amendments to the mandatory listing requirement do
not include all of the exceptions to mandatory listing permitted by
OFCCP in its current implementing regulations. Today's final rule
incorporates only those exceptions to mandatory listing that are
contained in the 1994 amendment.
One exception to mandatory listing expressly contained in the
current regulations, but not expressly stated in the 1994 amendment, is
an exception for openings in an educational institution which are
restricted to students of that institution. In OFCCP's view, such
openings fall within the exception to mandatory listing for openings
for positions that will be filled from within the contractor's
organization.
Waiver of Proposed Rulemaking
This rule is a nondiscretionary, ministerial action which merely
incorporates, without change, two statutory amendments into pre-
existing regulations. Publication in proposed form serves no useful
purpose, and therefore is unnecessary within the meaning of the
Administrative Procedure Act (5 U.S.C. 553(b)(B)). We, therefore, find
good cause to waive notice of proposed rulemaking.
Effective Date
Pursuant to 5 U.S.C. 553(d) the undersigned has determined that
good cause exists for waiving the customary requirement for delay in
the effective date of a final rule for 30 days following its
publication. This determination is based upon the fact that this rule
is a nondiscretionary, ministerial action which merely incorporates,
without change, a statutory amendment into preexisting regulations.
Accordingly, this regulation will be effective upon publication.
Executive Order 12866
This final rule is not a significant regulatory action within the
meaning of Executive Order 12866 and, therefore, is not subject to
review by the Office of Management and Budget.
Paperwork Reduction Act
Because this rule does not contain information collection
requirements, it is not subject to approval by the Office of Management
and Budget pursuant to the Paperwork Reduction Act.
List of Subjects in 41 CFR Part 60-250
Administrative practice and procedure, Civil rights, Employment,
Equal employment opportunity, Government contracts, Government
procurement, Investigations, Veterans.
Signed at Washington, DC, on this 29th day of December 1994.
Robert B. Reich,
Secretary of Labor.
Bernard E. Anderson,
Assistant Secretary for Employment Standards.
Shirley J. Wilcher,
Deputy Assistant Secretary, Office of Federal Contract Compliance
Programs.
PART 60-250--[AMENDED]
For the reasons set forth above, 41 CFR part 60-250 is amended as
set forth below. [[Page 1987]]
1. The authority citation for part 60-250 is revised to read as
follows:
Authority: 38 U.S.C. 4211 and 4212; 29 U.S.C. 793; Executive
Order 11758 (39 FR 2075, January 15, 1974); 3 CFR 1971-1975 Comp. p.
841); Pub. L. 102-568 and P.L. 103-446.
2. Section 60-250.2 is amended by revising the definition of
``Veteran of the Vietnam era'' to read as follows:
Sec. 60-250.2 Definitions.
* * * * *
Veteran of the Vietnam era means a person who:
(1) Served on active duty for a period of more than 180 days, any
part of which occurred between August 5, 1964, and May 7, 1975, and was
discharged or released therefrom with other than a dishonorable
discharge, or
(2) Was discharged or released from active duty for a service-
connected disability if any part of such active duty was performed
between August 5, 1964, and May 7, 1975.
* * * * *
3. Section 60-250.4 is amended by revising paragraphs (b) and (h)
of the Affirmative Action clause to read as follows:
Sec. 60-250.4 Affirmative action clause.
* * * * *
(a) * * *
(b) The contractor agrees to list all employment openings which
exist at the time of the execution of this contract and those which
occur during the performance of this contract, including those not
generated by this contract and including those occurring at an
establishment of the contractor other than the one wherein the
contract is being performed, but excluding those of independently
operated corporate affiliates, at an appropriate local office of the
State employment service system wherein the opening occurs.
* * * * *
(h) As used in this clause: (1) ``All employment openings''
includes all positions except executive and top management, those
positions that will be filled from within the contractor's
organization, and positions lasting three days or less. This term
includes full-time employment, temporary employment of more than
three days' duration, and part-time employment.
(2) ``Appropriate office of the state employment service
system'' means the local office of the Federal-state national system
of public employment offices with assigned responsibility for
serving the area where the employment opening is to be filled,
including the District of Columbia, Guam, the Commonwealth of Puerto
Rico, and the Virgin Islands.
(3) ``Positions that will be filled from within the contractor's
organization'' means employment openings for which no consideration
will be given to persons outside the contractor's organization
(including any affiliates, subsidiaries, and parent companies) and
includes any openings which the contractor proposes to fill from
regularly established ``recall'' lists. The exception does not apply
to a particular opening once an employer decides to consider
applicants outside of his or her own organization.
* * * * *
[FR Doc. 95-209 Filed 1-4-95; 8:45 am]
BILLING CODE 4510-27-M
