OFCCP Recordkeeping and Reporting Requirements - 38 U.S.C. 4212, Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended.

Forms and Documents

Document Name	Status
Section_4212_ICR_Justification__20110426.doc Supporting Statement A	2011-04-26

IC Document Collections

IC ID	Document Title	Status
196932	Veterans Self-Identification (Individuals)	New
195753	Section 4212; PRA Authorization (Contractors)	New

ICR Details

OMB Control No: 1250-0004	ICR Reference No: 201012-1250-002
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOL/OFCCP	Agency Tracking No:
Title: OFCCP Recordkeeping and Reporting Requirements - 38 U.S.C. 4212, Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended.
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 06/01/2011
	Date Received in OIRA: 04/26/2011
Terms of Clearance: The information collection requirements associated with this proposed rule are not approved at this time. DOL will consider public comment received on the proposed rule and will resubmit at the final rule stage.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Recordkeeping and reporting obligations incurred by Federal contractors under Section 4212 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 are necessary to substantiate compliance with nondiscrimination and affirmative action requirements enforced by OFCCP.

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Authorizing Statute(s): US Code: 38 USC 4212 (Section 4212) Name of Law: Vietnam "Era Veterans' Readjustment Assistance Act of 1974, as amended,
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1250-AA00	Proposed rulemaking	76 FR 23358	04/26/2011

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Section 4212; PRA Authorization (Contractors)
Veterans Self-Identification (Individuals)

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: OFCCP is proposing a Notice of Proposed Rulemaking (NPRM) to revise 41 CFR part 60-300 and 41 CFR 60-250 which would address several significant issues: • Strengthen the affirmative action provisions for Federal contractors, detailing specific mandatory actions a contractor must take to satisfy its affirmative action obligations with regard to recruitment, the dissemination of its affirmative action policies, employee training, and recordkeeping requirements. • Clarify the contractor's mandatory job listing requirements and the relationship between the contractor, its agents, and the state employment services that provide priority referral of protected veterans. • Increased use of technology in the workplace by providing for the electronic posting of employee rights and contractor obligations under Section 4212 and updating the manner in which compliance evaluations are conducted. • Increase data collection pertaining to protected veteran referrals, applicants, and hires, and would require the contractor to establish hiring benchmarks to assist in measuring the effectiveness of its affirmative action efforts. • These revisions are proposed to achieve a goal of increased employment opportunities for protected veterans by Federal contractors.

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Annual Cost to Federal Government:

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]? No

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: 04/26/2011

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