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2013 VETS-100/100A filing period now open, due September 30; new rule to eliminate VETS-100, revise VETS-100A on its way

By Cynthia L. Hackerott, J.D.

The VETS 100/100A reporting cycle for 2013 is open and the filing deadline for the reports is September 30. Filing information is available on the DOL’s Veterans’ Employment and Training Service (VETS) website at: http://www.dol.gov/vets/vets-100.html.

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 requires federal contractors and subcontractors subject to the Act’s affirmative action provisions in 38 USC §4212(a) to track and report annually to the Secretary of Labor the number of employees in their workforces, by job category and hiring location, who belong to the specified categories of covered veterans. This reporting is done via the VETS-100 and VETS-100A Reports, which are administered by VETS. Generally, the VETS-100/VETS-100A reporting cycle begins annually on or around August 1 and ends September 30.

The report required for contractors with federal contracts that were entered into before December 1, 2003 and have a value of $25,000 or more is the VETS-100 report. The report required for contracts entered on or after December 1, 2003 in the amount of $100,000 or more is the VETS-100A report. A contract modified on or after December 1, 2003, which was entered into before December 1, 2003, constitutes a new contract—and, therefore, requires the contractor to file a VETS-100A report (if the $100,000 or more threshold is met). Contractors that have contracts that fall into both categories are required to file both forms. An FAQ on these requirements is available at: http://www.dol.gov/vets/contractor/main.htm.

Proposal to eliminate VETS-100, revise VETS-100A. On a related note, the DOL’s “Agency Rule List” for Spring 2013 states that the Office of the Assistant Secretary for VETS plans to issue in August a Notice of Proposed Rulemaking (NPRM) to rescind the regulations at 41 CFR Part 61-250 that establish the VETS-100 reporting obligation. In addition, the NPRM would propose revising the Part 61-300 regulations, which establish the VETS-100A reporting obligation, to require contractors to report the number of employees and new hires that are covered veterans.

On Thursday, August 1, at the Industry Liaison Group National Conference in Indianapolis, Indiana, Ruth Samardick, Director of National Programs at VETS, stated that the NPRM is on its way to the OMB for review. However, as of August 2, the OMB’s RegInfo.gov website indicates that this NPRM has not yet been submitted. Once approved by OMB, the NPRM will be published in the Federal Register.

The portion of the proposal revising the VETS-100A reporting requirements is designed to reduce contractor burden hours and increase the utility of the data received by VETS, Samardick explained.