81 FR 67731 - Federal Acquisition Regulation; Updating Federal Contractor Reporting of Veterans' Employment
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 190 (September 30, 2016)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 81, Issue 190 (September 30, 2016)
| Page Range | 67731-67732 | |
| FR Document | 2016-23195 |
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)] [Rules and Regulations] [Pages 67731-67732] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23195] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1, 22, and 52 [FAC 2005-91; FAR Case 2015-036; Item II; Docket No. 2015-0036, Sequence No. 1] RIN 9000-AN14 Federal Acquisition Regulation; Updating Federal Contractor Reporting of Veterans' Employment AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: DoD, GSA, and NASA are adopting as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to implement a final rule issued by the Department of Labor's (DOL) Veterans' Employment and Training Service (VETS) that replaced the VETS-100 and VETS-100A Federal Contractor Veterans' Employment Report forms with the VETS-4212, Federal Contractor Veterans' Employment Report form. DATES: Effective: September 30, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement Analyst, at 202-969-7207 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAC 2005-91, FAR Case 2015-036. SUPPLEMENTARY INFORMATION: I. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 80 FR 75908 on December 4, 2015, to implement a final rule issued by VETS of the DOL that was published in the Federal Register at 79 FR 57463 on September 25, 2014. The VETS of DOL rule rescinded the regulations at 41 CFR part 61-250 and revised the regulations at 41 CFR part 61-300, which implemented the reporting requirements under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), as amended and the Jobs for Veterans Act (JVA) (Pub. L. 107-288). VEVRAA requires Federal contractors and subcontractors to annually report on the total number of their employees who belong to the categories of veterans protected under VEVRAA, as amended by the JVA, and the total number of those protected veterans who were hired during the period covered by the report. No public comments were submitted on the interim rule. II. Discussion and Analysis The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) did not receive any comments on the interim rule; accordingly the Councils are finalizing the interim rule without change. III. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. IV. Regulatory Flexibility Act DoD, GSA, and NASA have prepared a Final Regulatory Flexibility Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The FRFA is summarized as follows: This rule is issued to adopt as final, without change, an interim rule published in the Federal Register at 80 FR 75908 on December 4, 2015, implementing changes to 41 CFR 61-250 and 61-300 which was published in the Federal Register at 79 FR 57463 on September 25, 2014, by the Veterans' Employment and Training Service (VETS) of the Department of Labor (DOL). The objective of the VETS rule is to revise the current regulations implementing 38 U.S.C. 4212. The VETS rule rescinded obsolete regulations at 41 CFR 61-250, changed the manner in which Federal Contractors report veterans' employment data, updated terminology, and revised the annual report, the report name, and methods of filing the report. No public comments were submitted in response to the initial regulatory flexibility analysis or the interim rule. VETS used data in the VETS-100/100A Reporting System regarding reports on veterans' employment filed in 2012 to estimate the number of small entities that would be subject to its rule. The VETS rule applies to any industry represented by a Federal contractor with a contract of $150,000 or more. Therefore, VETS used the Small Business Administration's ``fewer than 500 employees'' limit when making an across-the-board size standard classification for estimating purposes. VETS estimated that 15,000 Federal contractors will be subject to the reporting requirements of the rule and of that, VETS approximated that the number of small entities that would be subject to the rule would be 8,000 (approximately 53 percent of the total Federal contractors impacted by the rule). This FAR rule does not add any new reporting, recordkeeping, or other compliance burdens. The FAR rule makes contracting officers and contractors aware of the VETS reporting requirements. DoD, GSA, and NASA are not aware of any significant alternatives to the rule which would accomplish the stated objectives of implementing the VETS final rule, while minimizing impact on small entities. DoD, GSA, and NASA do not have the flexibility of making any changes to the VETS rule, which has already been published for public comment and has taken effect as a final rule. There is no significant impact on small entities imposed by the FAR rule. Interested parties may obtain a copy of the FRFA from the Regulatory Secretariat. The Regulatory Secretariat has submitted a copy of the FRFA to the Chief Counsel for Advocacy of the Small Business Administration. V. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C chapter 35) applies. The rule contains information collection requirements that are subject to review and approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. However, the applicable information collections are derived from the requirements of the 41 CFR part 61-300 regulations implementing the reporting requirements under VEVRAA; see detailed discussion in DOL's rule under the Paperwork Reduction Act section which was published in the Federal Register at 79 FR 57463 on September 25, 2014. OMB assigned OMB Control Numbers 1250-0004, OFCCP Recordkeeping and Reporting Requirements, 38 U.S.C. 4212, Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, and 1293-0005, Federal Contractor Veterans' Employment Report. List of Subjects in 48 CFR Parts 1, 22, and 52 Government procurement. [[Page 67732]] Dated: September 19, 2016. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Interim Rule Adopted as Final Without Change 0 Accordingly, the interim rule amending 48 CFR parts 1, 22, and 52, which was published in the Federal Register at 80 FR 75908 on December 4, 2015, is adopted as a final rule without change. [FR Doc. 2016-23195 Filed 9-29-16; 8:45 am] BILLING CODE 6820-EP-P
![Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67731
2015, is adopted as a final rule without VEVRAA requires Federal contractors veterans’ employment filed in 2012 to
change. and subcontractors to annually report estimate the number of small entities that
on the total number of their employees would be subject to its rule. The VETS rule
[FR Doc. 2016–23194 Filed 9–29–16; 8:45 am]
who belong to the categories of veterans applies to any industry represented by a
BILLING CODE 6820–EP–P Federal contractor with a contract of
protected under VEVRAA, as amended $150,000 or more. Therefore, VETS used the
by the JVA, and the total number of Small Business Administration’s ‘‘fewer than
DEPARTMENT OF DEFENSE those protected veterans who were hired 500 employees’’ limit when making an
during the period covered by the report. across-the-board size standard classification
GENERAL SERVICES No public comments were submitted on for estimating purposes. VETS estimated that
ADMINISTRATION the interim rule. 15,000 Federal contractors will be subject to
the reporting requirements of the rule and of
II. Discussion and Analysis that, VETS approximated that the number of
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION The Civilian Agency Acquisition small entities that would be subject to the
Council and the Defense Acquisition rule would be 8,000 (approximately 53
48 CFR Parts 1, 22, and 52 Regulations Council (the Councils) did percent of the total Federal contractors
not receive any comments on the impacted by the rule).
[FAC 2005–91; FAR Case 2015–036; Item This FAR rule does not add any new
interim rule; accordingly the Councils
II; Docket No. 2015–0036, Sequence No. 1] reporting, recordkeeping, or other
are finalizing the interim rule without compliance burdens. The FAR rule makes
RIN 9000–AN14 change. contracting officers and contractors aware of
III. Executive Orders 12866 and 13563 the VETS reporting requirements.
Federal Acquisition Regulation; DoD, GSA, and NASA are not aware of any
Updating Federal Contractor Reporting Executive Orders (E.O.s) 12866 and significant alternatives to the rule which
of Veterans’ Employment 13563 direct agencies to assess all costs would accomplish the stated objectives of
and benefits of available regulatory implementing the VETS final rule, while
AGENCY: Department of Defense (DoD),
alternatives and, if regulation is minimizing impact on small entities. DoD,
General Services Administration (GSA), GSA, and NASA do not have the flexibility
necessary, to select regulatory
and National Aeronautics and Space of making any changes to the VETS rule,
approaches that maximize net benefits
Administration (NASA). which has already been published for public
(including potential economic,
ACTION: Final rule. comment and has taken effect as a final rule.
environmental, public health and safety
There is no significant impact on small
SUMMARY: DoD, GSA, and NASA are effects, distributive impacts, and entities imposed by the FAR rule.
adopting as final, without change, an equity). E.O. 13563 emphasizes the
interim rule amending the Federal importance of quantifying both costs Interested parties may obtain a copy
Acquisition Regulation (FAR) to and benefits, of reducing costs, of of the FRFA from the Regulatory
implement a final rule issued by the harmonizing rules, and of promoting Secretariat. The Regulatory Secretariat
Department of Labor’s (DOL) Veterans’ flexibility. This is not a significant has submitted a copy of the FRFA to the
Employment and Training Service regulatory action and, therefore, was not Chief Counsel for Advocacy of the Small
(VETS) that replaced the VETS–100 and subject to review under Section 6(b) of Business Administration.
VETS–100A Federal Contractor E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This V. Paperwork Reduction Act
Veterans’ Employment Report forms
with the VETS–4212, Federal Contractor rule is not a major rule under 5 U.S.C. The Paperwork Reduction Act (44
Veterans’ Employment Report form. 804. U.S.C chapter 35) applies. The rule
DATES: Effective: September 30, 2016. IV. Regulatory Flexibility Act contains information collection
FOR FURTHER INFORMATION CONTACT: Ms. DoD, GSA, and NASA have prepared requirements that are subject to review
Zenaida Delgado, Procurement Analyst, a Final Regulatory Flexibility Analysis and approval by the Office of
at 202–969–7207 for clarification of (FRFA) consistent with the Regulatory Management and Budget (OMB) under
content. For information pertaining to Flexibility Act, 5 U.S.C. 601, et seq. The the Paperwork Reduction Act of 1995
status or publication schedules, contact FRFA is summarized as follows: (PRA), 44 U.S.C. 3501 et seq. However,
the Regulatory Secretariat Division at the applicable information collections
This rule is issued to adopt as final, are derived from the requirements of the
202–501–4755. Please cite FAC 2005– without change, an interim rule published in
91, FAR Case 2015–036. 41 CFR part 61–300 regulations
the Federal Register at 80 FR 75908 on
SUPPLEMENTARY INFORMATION: December 4, 2015, implementing changes to implementing the reporting
41 CFR 61–250 and 61–300 which was requirements under VEVRAA; see
I. Background published in the Federal Register at 79 FR detailed discussion in DOL’s rule under
DoD, GSA, and NASA published an 57463 on September 25, 2014, by the the Paperwork Reduction Act section
interim rule in the Federal Register at Veterans’ Employment and Training Service which was published in the Federal
(VETS) of the Department of Labor (DOL). Register at 79 FR 57463 on September
80 FR 75908 on December 4, 2015, to The objective of the VETS rule is to revise
implement a final rule issued by VETS 25, 2014. OMB assigned OMB Control
the current regulations implementing 38
of the DOL that was published in the U.S.C. 4212. The VETS rule rescinded
Numbers 1250–0004, OFCCP
Federal Register at 79 FR 57463 on obsolete regulations at 41 CFR 61–250, Recordkeeping and Reporting
September 25, 2014. The VETS of DOL changed the manner in which Federal Requirements, 38 U.S.C. 4212, Vietnam
asabaliauskas on DSK3SPTVN1PROD with RULES
rule rescinded the regulations at 41 CFR Contractors report veterans’ employment Era Veterans’ Readjustment Assistance
part 61–250 and revised the regulations data, updated terminology, and revised the Act of 1974, as amended, and 1293–
at 41 CFR part 61–300, which annual report, the report name, and methods 0005, Federal Contractor Veterans’
of filing the report. Employment Report.
implemented the reporting requirements No public comments were submitted in
under the Vietnam Era Veterans’ response to the initial regulatory flexibility List of Subjects in 48 CFR Parts 1, 22,
Readjustment Assistance Act analysis or the interim rule. and 52
(VEVRAA), as amended and the Jobs for VETS used data in the VETS–100/100A
Veterans Act (JVA) (Pub. L. 107–288). Reporting System regarding reports on Government procurement.
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![67732 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
Dated: September 19, 2016. 2016–007, by any of the following It prohibits employment discrimination
William F. Clark, methods: because of race, color, religion, sex,
Director, Office of Government-wide • Regulations.gov: http:// sexual orientation, gender identity, or
Acquisition Policy, Office of Acquisition www.regulations.gov. Submit comments national origin. E.O. 13665 amends E.O.
Policy, Office of Government-wide Policy. via the Federal eRulemaking portal by 11246 to provide for a uniform policy
entering ‘‘FAR Case 2016–007’’. Select for the Federal Government to prohibit
Interim Rule Adopted as Final Without
the link ‘‘Comment Now’’ that Federal contractors from discriminating
Change
corresponds with ‘‘FAR Case 2016– against employees and job applicants
■ Accordingly, the interim rule 007’’. Follow the instructions provided who inquire about, discuss, or disclose
amending 48 CFR parts 1, 22, and 52, on the screen. Please include your their own compensation or the
which was published in the Federal name, company name (if any), and compensation of other employees or
Register at 80 FR 75908 on December 4, ‘‘FAR Case 2016–007’’ on your attached applicants. Also, the E.O. indicates that
2015, is adopted as a final rule without document. it promotes economy and efficiency in
change. • Mail: General Services Federal Government procurement and
[FR Doc. 2016–23195 Filed 9–29–16; 8:45 am] Administration, Regulatory Secretariat supports enforcement of
BILLING CODE 6820–EP–P
Division (MVCB), ATTN: Ms. Flowers, nondiscrimination and equal
1800 F Street NW., 2nd Floor, employment opportunity.
Washington, DC 20405–0001. II. Discussion and Analysis
DEPARTMENT OF DEFENSE Instructions: Please submit comments
only and cite ‘‘FAR Case 2016–007’’ in A. The DOL regulation implements
GENERAL SERVICES all correspondence related to this case. E.O. 13665 by revising the equal
ADMINISTRATION Comments received generally will be opportunity clause to prohibit
posted without change to http:// contractors from discharging, or in any
NATIONAL AERONAUTICS AND regulations.gov, including any personal manner discriminating against, any
SPACE ADMINISTRATION and/or business confidential employee or applicant for employment
information provided. To confirm because the employee or applicant
48 CFR Parts 1, 22, and 52 receipt of your comment(s), please inquired about, discussed, or disclosed
check www.regulations.gov, the compensation of the employee or
[FAC 2005–91; FAR Case 2016–007; Item applicant or another employee or
III; Docket No. 2016–0007; Sequence No. approximately two to three days after
1] submission to verify posting (except applicant.
allow 30 days for posting of comments B. The FAR implements E.O. 11246 in
RIN 9000–AN10 submitted by mail). FAR subpart 22.8, FAR clause 52.222–
26, Equal Opportunity, and related
Federal Acquisition Regulation: Non- FOR FURTHER INFORMATION CONTACT: Ms.
clauses. This interim rule adds the new
Retaliation for Disclosure of Zenaida Delgado, Procurement Analyst,
discrimination prohibition and
Compensation Information at 202–969–7207 for clarification of
incorporates the definitions
content. For information pertaining to
AGENCY: Department of Defense (DoD), ‘‘compensation,’’ ‘‘compensation
status or publication schedules, contact
General Services Administration (GSA), information,’’ and ‘‘essential job
the Regulatory Secretariat Division at
and National Aeronautics and Space functions’’ from the DOL final rule (41
202–501–4755. Please cite FAC 2005–
Administration (NASA). CFR 60–1.3) within FAR subpart 22.8
91, FAR Case 2016–007.
and the clauses that are prescribed in
ACTION: Interim rule. SUPPLEMENTARY INFORMATION: FAR subpart 22.8 as follows:
SUMMARY: DoD, GSA, and NASA are I. Background 1. 22.802, General. Inserts the new
issuing an interim rule amending the discrimination prohibition.
DoD, GSA, and NASA are issuing an 2. 52.222–26, Equal Opportunity.
Federal Acquisition Regulation (FAR) to interim rule amending the FAR to
implement Executive Order (E.O.), Inserts definitions for the terms
implement Executive Order (E.O.) ‘‘compensation,’’ ‘‘compensation
entitled ‘‘Non-Retaliation for Disclosure 13665, entitled ‘‘Non-Retaliation for
of Compensation Information,’’ and a information,’’ and ‘‘essential job
Disclosure of Compensation functions,’’ and 52.222–26(c)(5), which
final rule issued by the Department of Information.’’ The E.O. was signed April
Labor. prohibits contractors from discharging,
8, 2014, and was published in the or in any manner discriminating against,
DATES: Effective: September 30, 2016. Federal Register at 79 FR 20749, on any employee or applicant for
Applicability Date: This rule applies April 11, 2014. This interim rule is also employment because the employee or
to solicitations and contracts issued on implementing the final rule issued by applicant inquired about, discussed, or
or after the effective date of the FAR the Office of Federal Contract disclosed the compensation of the
rule. Contracting officers are expected to Compliance Programs (OFCCP) of the employee or applicant or another
work with their existing contractors and Department of Labor (DOL) to employee or applicant. FAR 52.222–
bilaterally modify their contracts, to the implement E.O. 13665. The DOL final 26(c)(5) also requires the contractor to
extent feasible, to include the amended rule was published in the Federal incorporate the new discrimination
clause at FAR 52.222–26, Equal Register at 80 FR 54934, on September prohibition into existing employee
Opportunity. See FAR 1.108(d). 11, 2015, entitled ‘‘Government manuals or handbooks and to post it.
asabaliauskas on DSK3SPTVN1PROD with RULES
Comment Date: Interested parties Contractors, Prohibitions Against Pay C. Conforming changes were made in
should submit written comments to the Secrecy Policies and Actions.’’ The DOL the FAR clauses 52.212–5, 52.213–4,
Regulatory Secretariat Division at one of rule revises 41 CFR part 60–1. and 52.244–6.
the addresses shown below on or before E.O. 11246, originally issued
November 29, 2016 to be considered in September 24, 1965, establishes III. Executive Orders 12866 and 13563
the formation of the final rule. nondiscrimination and affirmative E.O.s 12866 and 13563 direct agencies
ADDRESSES: Submit comments action obligations in employment for to assess all costs and benefits of
identified by FAC 2005–91, FAR Case Federal contractors and subcontractors. available regulatory alternatives and, if
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Document Created: 2018-02-09 13:33:40
Document Modified: 2018-02-09 13:33:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective: September 30, 2016. | |
| Contact | Ms. Zenaida Delgado, Procurement Analyst, at 202-969-7207 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAC 2005-91, FAR Case 2015-036. | |
| FR Citation | 81 FR 67731 | |
| RIN Number | 9000-AN14 | |
| CFR Citation | 48
CFR
1 48 CFR 22 48 CFR 52 |
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