Affirmative Action and Nondiscrimination Obligations of
Contractors and Subcontractors Regarding Protected Veterans; Correction
[02/07/2006]
Volume 71, Number 25, Page 6213-6214
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DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
41 CFR Part 60-250
RIN 1215-AB24
Affirmative Action and Nondiscrimination Obligations of
Contractors and Subcontractors Regarding Protected Veterans; Correction
AGENCY: Office of Federal Contract Compliance Programs, Labor.
ACTION: Correcting Amendment.
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SUMMARY: This document contains a correction to the Office of Federal
Contract Compliance Programs (OFCCP) final regulations implementing the
affirmative action provisions of the Vietnam Era Veterans' Readjustment
Assistance Act of 1974 (VEVRAA), which were published in the Federal
Register on December 1, 2005. Those final regulations, among other
things, incorporate the changes to VEVRAA that were made by the
Veterans Employment Opportunities Act of 1998 and the Veterans Benefits
and Health Care Improvement Act of 2000.
EFFECTIVE DATE: February 7, 2006.
FOR FURTHER INFORMATION CONTACT: James C. Pierce, Acting Director,
Division of Policy, Planning, and Program Development, Office of
Federal Contract Compliance Programs, 200 Constitution Avenue, NW.,
Room N3422, Washington, DC 20210. Telephone: (202) 693-0102 (voice) or
(202) 693-1337 (TTY).
SUPPLEMENTARY INFORMATION:
Background
Prior to the 1998 and 2000 statutory amendments, the affirmative
action provisions of the Vietnam Era Veterans' Readjustment Assistance
Act of 1974, as amended, 38 U.S.C. 4212 (``Section 4212'' or
``VEVRAA'') required parties holding Government contracts or
subcontracts of $10,000 or more to ``take affirmative action to employ
and advance in employment qualified special disabled veterans and
veterans of the Vietnam era.'' The Veterans Employment Opportunities
Act of 1998 (VEOA) amended section 4212(a) in two ways. First, section
7 of VEOA raised the amount of a contract required to establish VEVRAA
coverage from $10,000 or more to $25,000 or more. Second, section 7 of
VEOA granted VEVRAA protection to veterans who have served on active
duty during a war or in a campaign or expedition for which a campaign
badge has been authorized.
The Veterans Benefits and Health Care Improvement Act of 2000
(VBHCIA) amended VEVRAA by extending VEVRAA protection to ``recently
separated veterans'' `` those veterans ``during the one-year period
beginning on the date of such veteran's discharge or release from
active duty.'' The final rule regulations published on December 1,
2005, incorporate the changes made by VEOA and VBHCIA to the contract
coverage threshold and the categories of protected veterans under
VEVRAA.
Need for Correction
Section 60-250.2 in the final regulations published on December 1,
2005, contains definitions of terms used in the part 60-250
regulations. A final rule published on June 22, 2005, (70 FR 36262),
added a new paragraph (v) to Sec. 60-250.2, which set forth a
definition for the term ``compliance evaluation.'' However, the
definition for the term ``compliance evaluation'' was inadvertently
omitted from Sec. 60-250.2 in the final regulations published on
December 1, 2005. To correct the error, this document adds the
definition for the term ``compliance evaluation'' to Sec. 60-250.2.
List of Subjects in 41 CFR Part 60-250
Administrative practice and procedure, Civil rights, Employment,
Equal employment opportunity, Government contracts, Government
procurement, Individuals with disabilities, Investigations, Reporting
and recordkeeping requirements, and Veterans.
Signed at Washington, DC, this 31st day of January, 2006.
Victoria A. Lipnic,
Assistant Secretary for Employment Standards.
Charles E. James, Sr.,
Deputy Assistant Secretary for Federal Contract Compliance.
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Accordingly, for the reason set forth above, 41 CFR part 60-250 is
corrected by making the following correcting amendment:
PART 60-250--AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS
OF CONTRACTORS AND SUBCONTRACTORS REGARDING SPECIAL DISABLED
VETERANS, VETERANS OF THE VIETNAM ERA, RECENTLY SEPARATED VETERANS,
AND OTHER PROTECTED VETERANS
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1. The authority citation for Part 60-250 continues to read as follows:
[[Page 6214]]
Authority: 29 U.S.C. 793; 38 U.S.C. 4211 (2001) (amended 2002);
38 U.S.C. 4212 (2001) (amended 2002); E.O. 11758 (3 CFR, 1971-1975
Comp., p. 841).
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2. Section 60-250.2 is corrected by adding a paragraph (x) to read as
follows:
Sec. 60-250.2 Definitions.
* * * * *
(x) Compliance evaluation means any one or combination of actions
OFCCP may take to examine a Federal contractor's or subcontractor's
compliance with one or more of the requirements of the Vietnam Era
Veterans' Readjustment Assistance Act.
[FR Doc. 06-1092 Filed 2-6-06; 8:45 am]
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