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

Forms and Documents

Document Name	Status
Supporting_Statement_for_VETS1010 12 11 2019.doc Supporting Statement A	2019-12-11

IC Document Collections

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

ICR Details

OMB Control No: 1293-0002	ICR Reference No: 201906-1293-003
Status: Active	Previous ICR Reference No: 201607-1293-001
Agency/Subagency: DOL/ASVET	Agency Tracking No: 1293-0002
Title: Eligibility Data Form: Uniformed Services Employment and Reemployment Rights Act and Veterans' Preference
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/03/2020
	Date Received in OIRA: 01/31/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2023	36 Months From Approved	04/30/2020
Responses	2,250	0	2,250
Time Burden (Hours)	1,125	0	1,125
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 veterans' 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:
	84 FR 51640	09/30/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 5481	01/30/2020
Did the Agency receive public comments on this ICR? No

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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 Veterans' Preference	VETS-1010, VETS-1010	VETS/USERRA/VP Form 1010 ,   USERRA/VP Electronic Complaint Form

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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	2,250	2,250	0	0	0	0
Annual Time Burden (Hours)	1,125	1,125	0	0	0	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:

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Annual Cost to Federal Government: $25,490

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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: 01/31/2020

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