Eligibility Data Form: Uniformed Services Employment and Reemployment Rights Act and Veteran's Preference

Forms and Documents

Document Name	Status
Form VETS Form 1010 Eligibility Data Form: Uniformed Services Employment and Reemployment Rights Act and Veteran's Preference Form	Modified
Supporting_Statement for VETS1010.doc Supporting Statement B	2010-06-02
1293-0002ss(20101005).docx Supporting Statement A	2010-10-05

IC Document Collections

IC ID	Document Title	Status
14753	Eligibility Data Form: Uniformed Services Employment and Reemployment Rights Act and Veteran's Preference Form	Modified

ICR Details

OMB Control No: 1293-0002	ICR Reference No: 201003-1293-001
Status: Historical Active	Previous ICR Reference No: 200704-1293-006
Agency/Subagency: DOL/ASVET	Agency Tracking No: 1293-0002
Title: Eligibility Data Form: Uniformed Services Employment and Reemployment Rights Act and Veteran's Preference
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 10/06/2010
	Date Received in OIRA: 07/09/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2013	36 Months From Approved	10/31/2010
Responses	2,500	0	1,500
Time Burden (Hours)	1,250	0	375
Cost Burden (Dollars)	0	0	0

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Abstract: Title 38 U.S.C. Section 4322 of USERRA authorizes the Secretary of Labor (through the Veterans’ Employment and Training Service) to investigate claims by individuals who believe their USERRA rights have been violated. The information is used to determine eligibility of veterans complaints to reemployment rights they are seeking as well as to state alleged violations by employers of the pertinent statutes and request assistance in obtaining appropriate reemployment benefits. The Veterans Employment Opportunities Act (VEOA) of 1998, P.L. 105-339, 112 Stat. 3182, contained in Title 5 U.S.C. § 3330a-3330(b), provides assistance to preference eligible individuals who believe their rights under the veteran’s preference (VP) laws and the Veterans Benefit Improvement Act of 2008 (Public Law No: 110-389) have been violated. Section 3 of the VEOA provides the Secretary of Labor similar authority to investigate complaints brought by preference eligibles. The collection instrument completed by claimants contains the information required and needed for the Department to determine initial eligibility of the claimant.

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Authorizing Statute(s): US Code: 38 USC 4301 Name of Law: Uniformed Services Employment and Reemployment Rigjts Act
   US Code: 5 USC 3330a Name of Law: Preference eligibles; administrative redress
  

Citations for New Statutory Requirements: PL: Pub.L. 110 - 389 312 Name of Law: Veterans Benefit Improvement Act of 2008

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 45	03/09/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 126	07/01/2010
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Eligibility Data Form: Uniformed Services Employment and Reemployment Rights Act and Veteran's Preference	VETS Form 1010	VETS/USERRA/VP Form 1010

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	2,500	1,500	0	0	1,000	0
Annual Time Burden (Hours)	1,250	375	42	0	833	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: VETS is requesting an increase of 1000 responses and 875 burden hours. The increased number of responses results from an increase in the number of USERRA and Veterans Preference (VP) claims filed. This trend is expected to continue as the military remains involved in armed conflicts abroad, and continues its unprecedented use of National Guard and Reserve Forces. In the past four years (fiscal years 2006 – 2009), the number of USERRA claims has increased by 13 percent and the number of VP claims has increased by 55 percent. VETS anticipates receiving an additional 1,000 claim forms. The increase in the estimated time required to complete the form can be attributed the increased complexity of USERRA issues, which necessitate that the respondent review more of his or her records and provide a more detailed narrative of the issue(s) involved. VETS estimates that, because of these factors, the form takes an additional 14 minutes to complete, resulting in an annual increase of 833 burden hours. In addition, two straightforward “check the box” questions have been added to the form as a result of the Veterans’ Benefits Improvement Act of 2008. It is estimated that responding to those questions takes one minute per form, resulting in an annual increase of 42 burden hours.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/09/2010

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