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Due date for VETS-100/100A filings, normally September 30, moved to November 30 due to technical problems; pending House bill would require posting of VETS-100/100A info

Due to technical problems, the filing deadline for the 2011 VETS-100 and VETS-100A reports has been moved from September 30 to November 30, 2011, according to a special announcement on the Department of Labor’s Veterans’ Employment and Training Service (VETS) website.

Under normal circumstances, the VETS-100/VETS-100A reporting cycle begins on August 1 and ends September 30. However, VETS could not begin accepting reports as usual August 1 due to the technical problems. VETS is working to correct the problem, and anticipates having it resolved within the next 60 days. Accordingly, the Department anticipates that the electronic filing system will go online October 1, 2011.

To address the delays in reporting caused by these technical problems, the Labor Department will not initiate enforcement actions against contractors who submit the VETS-100/VETS-100A from October 1, 2011 through November 30, 2011. Unless a further update is given or other recognized exceptions apply, the department may initiate enforcement actions against contractors who do not submit VETS-100/VETS-100A forms by November 30, 2011.

Contractors that did not submit a report for the 2010 cycle and have been directed to file immediately by a Federal Contracting Officer so that funds to a contract may be obligated to a contract may file by email or paper submission for the 2010 cycle via the instructions posted on the VETS website at: http://www.dol.gov/vets/programs/fcp/main.htm. Note, that such submissions do not constitute a registration or filing for the 2011 cycle. Registering and filing for the 2011 cycle (which is normally available at www.vets100.com or http://www.dol.gov/vets/programs/fcp/main.htm) is unavailable at this time.

Background. The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), 38 USC §4212(d), 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.

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, that 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 which fall into both categories will be required to file both forms.

Pending legislation would require online posting of VETS-100/100A information. In a related development, the House Oversight and Investigations Subcommittee of the House Committee on Veterans’ Affairs Bill has passed a bill that would require the Secretary of Labor to establish a website to publicly post information reported by federal contractors in the VETS 100/100A forms.

The Veterans Employment Promotion Act (H.R. 2243), passed by the subcommittee on July 28, 2011, would amend VEVRAA at 38 U.S.C. §4212(d) to require the Secretary of Labor to “establish and maintain an Internet Web site on which the Secretary shall publicly disclose the information reported to the Secretary of Labor by contractors” in the VETS-100 and VETS-100A forms. The bill, introduced by Representative Jerry McNerney (D-CA 11), is currently before the full House Committee on Veterans’ Affairs for consideration. According to a statement issued by McNerney, the bill is necessary because Congressional hearings have indicated a need for better enforcement and oversight of federal contractor compliance with veterans’ employment laws and information on the number of veterans hired and employed by federal contractors is not easily accessible to the public currently.