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Content Last Revised: 12/19/01
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CFR  

Code of Federal Regulations Pertaining to VETS

Title 41  

Public Contracts and Property Management

 

Chapter 61  

Office of the Assistant Secretary for Veterans' Employment and Training Service, Department of Labor

 

 

Part 61-250  

Annual Report from Federal Contractors


41 CFR 61-250.11 - On what form must the data required by this part be submitted?

  • Section Number: 61-250.11
  • Section Name: On what form must the data required by this part be submitted?

    (a) Data items required in paragraph (a) of the contract clause set 
forth in Sec. 61-250.10 must be reported for each hiring location on 
the VETS-100 form. This form is mailed annually to those contractors 
who are included in the VETS-100 data base. The form, and instructions 
for preparing it, are also set forth as follows:

The Vets-100 Report Form is Reprinted as Appendix A to 41 CFR Part 61-
250

    This report is to be completed by all nonexempt contractors and 
subcontractors with contracts (or subcontracts) for the furnishing 
of supplies and services or the use of real or persona1 property 
(including construction) for $25,000 or more. Reports must be 
completed for each hiring location in any State, as defined in 41 
CFR 61-250.2(b).
    All multi-establishment employers, i.e., those doing business at 
more than one hiring location, must file: (1) a report covering the 
principal or headquarters office; (2) a separate report for each 
hiring location employing 50 or more persons; and (3) either (i) a 
separate report for each hiring location employing fewer than 50 
persons, or (ii) consolidated reports, by State, covering the hiring 
locations within the State that have fewer than 50 employees. Each 
consolidated report must also list the names and addresses of all 
hiring locations covered by the report.

How to Prepare Form

    Shaded areas designate optional information. Answers to 
questions in all other areas of the form are mandatory.
    Contractors should determine the period covered by the report 
(``the reporting period'') by selecting an ending date for the 
report. The ending date may fall either: (1) At the end of any pay 
period during the
period July 1 through August 31 of the year the report is due; or 
(2) On December 31, if the contractor has previous written approval 
from the Equal Employment Opportunity Commission to use that date 
for purposes of submitting the Employer Information Report EEO-1, 
Standard Form 100 (EEO-1 Report). The report must cover the twelve 
consecutive months preceding the selected ending date.

Company Identification

    Parent Company. Please provide the company name, address, and 
employer identification number (EIN) of the headquarters office of 
the multi-hiring location company that owns the hiring location for 
which this report is filed. The EIN is mandatory; the Dun and 
Bradstreet I.D. number (DUNS) is mandatory if available; and the 
North American Industrial Classification System (NAICS) also must be 
reported if available.
    Hiring Location For Which This Report Is Filed. Please provide 
the name, address, and EIN for each hiring location for which this 
report is filed. The EIN is mandatory; the NAICS and the DUNS also 
must be reported if available.

Information on Employees (Veterans and non-veterans)

    Counting veterans: Some veterans will fall into more than one of 
the protected veteran categories. For example, a veteran may be both 
a special disabled veteran and a Vietnam era veteran. In such cases 
the veteran must be counted in each category.
    Data on Current Employees: The payroll period for this data is 
the period that ends on the date the contractor selects as the 
ending date for the entire report, according to the instructions 
above in ``How to Prepare Form.'' The data must include all 
permanent full-time and part-time employees who were employed as of 
the ending date of the selected payroll period, except those 
employees specifically excluded as indicated in 41 CFR 61-
250.2(b)(2). Employees must be counted by veteran status (columns L, 
M, and N--special disabled veterans, Vietnam-era, or other protected 
veterans as defined below) for each of the nine occupational 
categories. Entries in the Total line of columns L, M, and N are 
optional.
    Data on New Hires: Report on the Total line in columns O through 
R the number of regular full-time and part-time employees, by 
veteran status (columns O, P, and Q) and total employees (column R), 
who were included in the payroll for the first time during the 
reporting period. Entries in lines 1 through 9 (shaded area) of 
columns O through R are optional.

Definitions

    Hiring location means an establishment as defined at 41 CFR 61-
250.2(b).
    Special 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 Department of Veterans Affairs for a disability:
    (A) Rated at 30 percent or more; or
    (B) Rated at 10 or 20 percent in the case of a veteran who has 
been determined under 38 U.S.C. 3106 to have a serious employment 
handicap; or
    (ii) A person who was discharged or released from active duty 
because of a service-connected disability.
    Veteran of the Vietnam era means a veteran:
    (i) who served on active duty in the U.S. military, ground, 
naval or air service for a period of more than 180 days, and who was 
discharged or released therefrom with other than a dishonorable 
discharge, if any part of such active duty was performed:
    (A) in the Republic of Vietnam between February 28, 1961, and 
May 7, 1975; or
    (B) between August 5, 1964 and May 7, 1975 in any other 
location; or
    (ii) who was discharged or released from active duty in the U.S. 
military, ground, naval or air service for a service-connected 
disability, if any part of such active duty was performed:
    (A) in the Republic of Vietnam between February 28, 1961, and 
May 7, 1975; or
    (B) between August 5, 1964, and May 7, 1975, in any other 
location.
    Other protected veterans means any other 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, other than special disabled veterans or 
veterans or the Vietnam era.

Legal Basis for Reporting Requirements

    Title 38, United States Code, Section 4212(d), requires that 
Federal contractors and subcontractors report at least annually on 
the number of current employees in each job category and at each 
hiring location who are special disabled veterans, the number who 
are veterans of the Vietnam era, and the number who are other 
protected veterans who served on active duty during a war or in a 
campaign or expedition for which a campaign badge has been 
authorized, other than special disabled veterans or veterans of the 
Vietnam era. Also required are the total number of new hires during 
the reporting period, the number of new hires who fall into each of 
the three categories of veterans listed above, and the maximum and 
minimum number of persons employed during the reporting period. The 
regulations implementing these statutory provisions are found at 41 
CFR part 61-250.

Description of Job Categories

    Officials and managers means occupations requiring 
administrative and managerial personnel who set broad policies, 
exercise overall responsibility for execution of these policies, and 
direct individual departments or special phases of a firm's 
operation. Includes: Officials, executives, middle management, plant 
managers, department managers and superintendents, salaried 
supervisors who are members of management, purchasing agents and 
buyers, railroad conductors and yard masters, ship captains and 
mates (except fishing boats), farm operators and managers, and 
kindred workers.
    Professionals means occupations requiring either college 
graduation or experience of such kind and amount as to provide a 
background comparable to college education. Includes: Accountants 
and auditors, airplane pilots and navigators, architects, artists, 
chemists, designers, dietitians, editors, engineers, lawyers, 
librarians, mathematicians, natural scientists, registered 
professional nurses, personnel and labor relations specialists, 
physical scientists, physicians, social scientists, surveyors, 
teachers, and kindred workers.
    Technicians means occupations requiring a combination of basic 
scientific knowledge and manual skill which can be obtained through 
about 2 years of post-high school education, such as is offered in 
many technical institutes and junior colleges, or through equivalent 
on-the-job training. Includes: Computer programmers and operators, 
drafters, engineering aides, junior engineers, mathematical aides, 
licensed, practical or vocational nurses, photographers, radio 
operators, scientific assistants, technical illustrators, 
technicians (medical, dental, electronic, physical science), and 
kindred workers.
    Sales means occupations engaging wholly or primarily in direct 
selling. Includes: Advertising agents and sales workers, insurance 
agents and brokers, real estate agents and brokers, stock and bond 
sales workers, demonstrators, sales workers and sales clerks, 
grocery clerks and cashier-checkers, and kindred workers.
    Office and clerical includes all clerical-type work regardless 
of level of difficulty, where the activities are predominantly non-
manual though some manual work not directly involved with altering 
or transporting the products is included. Includes bookkeepers, 
cashiers, collectors (bills and accounts), messengers and office 
helpers, office machine operators, shipping and receiving clerks, 
stenographers, typists and secretaries, telegraph and telephone 
operators, legal assistants, and kindred workers.
    Craft Workers (skilled) means manual workers of relatively high 
skill level having a thorough and comprehensive knowledge of the 
processes involved in their work. These workers exercise 
considerable independent judgment and usually receive an extensive 
period of training. Includes: The building trades, hourly paid 
supervisors and lead operators who are not members of management, 
mechanics and repairers, skilled machining occupations, compositors
and typesetters, electricians, engravers, job setters (metal), 
motion picture projectionists, pattern and model makers, stationary 
engineers, tailors, arts occupations, hand painters, coaters, 
decorative workers, and kindred workers.
    Operatives (semiskilled) means workers who operate machine or 
processing equipment or perform other factory-type duties of 
intermediate skill level which can be mastered in a few weeks and 
require only limited training. Includes: Apprentices (auto 
mechanics, plumbers, bricklayers, carpenters, electricians, 
machinists, mechanics, building trades, metalworking trades, 
printing trades, etc.), operatives, attendants (auto service and 
parking), blasters, chauffeurs, delivery workers, dressmakers and 
sewers (except factory), dryers, furnace workers, heaters (metal), 
laundry and dry cleaning operatives, milliners, mine operatives and 
laborers, motor operators, oilers and greasers (except auto), 
painters (except construction and maintenance), photographic process 
workers, stationary firefighters, truck and tractor drivers, weavers 
(textile), welders and flamecutters, electrical and electronic 
equipment assemblers, butchers and meat cutters, inspectors, testers 
and graders, handpackers and packagers, and kindred workers.
    Laborers (unskilled) means workers in manual occupations which 
generally require no special training to perform elementary duties 
that may be learned in a few days and require the application of 
little or no independent judgment. Includes: garage laborers, car 
washers and greasers, gardeners (except farm) and grounds keepers, 
stevedores, wood choppers, laborers performing lifting, digging, 
mixing, loading and pulling operations, and kindred workers.
    Service Workers means workers in both protective and non-
protective service occupations. Includes: Attendants (hospital and 
other institutions, professional and personal service, including 
nurses aides and orderlies), barbers, charworkers and cleaners, 
cooks (except household), counter and fountain workers, elevator 
operators, firefighters and fire protection workers, guards, 
doorkeepers, stewards, janitors, police officers and detectives, 
porters, servers, amusement and recreation facilities attendants, 
guides, ushers, public transportation attendants, and kindred 
workers.

    (b) Contractors and subcontractors that submit computer-generated 
output for more than 10 hiring locations to satisfy their VETS-100 
reporting obligations must submit the output in the form of an electronic file. 
This file must comply with current Department of Labor 
specifications for the layout of these records, along with any other 
specifications established by the Department for the applicable 
reporting year. Contractors and subcontractors that submit VETS-100 
Reports for ten locations or less are exempt from this requirement, but 
are strongly encouraged to submit an electronic file. In these cases, 
state consolidated reports count as one location each.
    (c) Contractors and subcontractors may submit the VETS-100 Report 
via the Internet. The Internet address for the site is http://
vets100.cudenver.edu/vets100login.htm. A company number is required to 
access this site. The number is provided to employers on the VETS-100 
Report form that is mailed annually to those employers who are included 
in the VETS-100 database. Other employers may obtain a company number 
by e-mailing their request to newcompany@vets100.com, or by calling the 
VETS-100 Reporting System at (703) 461-2460.
    (d) VETS or its designee will use all available information to 
distribute the required forms to contractors identified as subject to 
the requirements of this part.
    (e) It is the responsibility of each contractor or subcontractor to 
obtain necessary supplies of the VETS-100 Report form before the annual 
September 30 filing deadline. Contractors and subcontractors who do not 
receive forms should request them in time to meet the deadline. 
Requests for the VETS-100 Report form may be made by mail by 
contacting: Office of the Assistant Secretary for Veterans' Employment 
and Training, U.S. Department of Labor 200 Constitution Avenue, 
NW,Washington, DC 20210, Attn: VETS-100 Report Form Request or on the 
Internet at http://vets100.cudenver.edu (OMB No. 1293-0005).

Source: 66 FR 51997, Oct. 11, 2001, as amended by 66 FR 65452, Dec. 19, 2001

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