The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register on January 7, 2026, seeking public comments on the proposed renewal of an information collection request related to recordkeeping requirements under the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (VEVRAA). This action, docketed as OFCCP-2025-0100 with OMB Control No. 1250-0004, is part of the agency's ongoing efforts to comply with the Paperwork Reduction Act of 1995 (PRA). It addresses the obligations of federal contractors to maintain records that support nondiscrimination and affirmative action in employing protected veterans. The current approval expires on April 30, 2026, and the renewal would allow OFCCP to continue enforcing these protections without interruption. This development is significant as it balances regulatory enforcement with efforts to reduce administrative burdens on businesses, potentially affecting thousands of contractors and the employment opportunities for veterans.
Background on VEVRAA and OFCCP's Role
VEVRAA, codified at 38 U.S.C. 4212, was enacted in 1974 to promote employment opportunities for Vietnam-era veterans and has since been expanded to cover other protected veterans, including those from more recent conflicts. The law requires federal contractors and subcontractors with contracts valued at $200,000 or more to refrain from discriminating against qualified individuals based on their protected veteran status in all aspects of employment, such as hiring, promotion, and compensation. Additionally, these contractors must take affirmative steps to recruit, employ, and advance protected veterans.
OFCCP, a division within the Department of Labor, is responsible for administering and enforcing VEVRAA, along with other laws like Executive Order 11246 on equal employment opportunity and Section 503 of the Rehabilitation Act on disability accommodations. The agency conducts compliance evaluations and investigates complaints to ensure adherence. Recordkeeping is a core component of this enforcement, as contractors must document their affirmative action programs, outreach efforts, and employment data related to veterans. According to OFCCP regulations, these requirements help verify that contractors are meeting their obligations, with potential penalties for noncompliance including contract debarment.
The PRA mandates that federal agencies like OFCCP obtain approval from the Office of Management and Budget (OMB) for information collections that impose paperwork burdens on the public. This renewal notice is a standard pre-clearance step, allowing stakeholders to provide input on the necessity, accuracy, and burden of the collection.
Details of the Proposed Renewal
The notice outlines OFCCP's proposal to extend the existing information collection without introducing new forms or requirements. It estimates that 89,978 contractor establishments will be affected, each spending an average of 48.18 hours annually on compliance, resulting in a total burden of 4,334,822 hours. Additional operating and maintenance costs are projected at $356,313 per year. These figures represent an update from prior estimates, reflecting changes in the number of covered contractors and refined calculations of time spent on tasks like maintaining affirmative action plans and tracking veteran applicant data.
OFCCP emphasizes that the collection is essential for its functions, enabling the agency to assess compliance during audits. As stated in the notice, "Covered contractors are also required to take affirmative action to employ and advance in employment qualified protected veterans." The agency invites comments on specific aspects, such as the practical utility of the information, the accuracy of burden estimates, ways to enhance data quality, and methods to minimize burdens through technology. Comments must be submitted by March 9, 2026, via regulations.gov or mail to OFCCP's Division of Policy and Program Development.
This renewal aligns with broader Department of Labor priorities under the Biden administration, which has focused on strengthening worker protections, though the notice itself is administrative and not tied to new policy initiatives.
Key Players and Perspectives
Key players include OFCCP Director Ashley Romanias, who is listed as the contact for further information, and OMB, which will ultimately approve or modify the request. Federal contractors, represented by groups like the Associated General Contractors of America or the U.S. Chamber of Commerce, often view these requirements as necessary but burdensome, arguing that excessive paperwork diverts resources from core business activities. In contrast, veterans' advocacy organizations, such as the Vietnam Veterans of America or Disabled American Veterans, support robust enforcement to ensure meaningful employment opportunities, citing data from the Bureau of Labor Statistics showing veterans' unemployment rates hovering around 3-4 percent in recent years, with disparities for disabled veterans.
Government perspectives, as reflected in OFCCP's supplementary information, stress the need for accurate data to enforce VEVRAA effectively. No direct quotes from external stakeholders are included in the notice, but historical comments on similar renewals have highlighted tensions between compliance costs and protective benefits.
Legal Precedents and Political Context
VEVRAA's enforcement framework draws from precedents like the Supreme Court's decision in University of Texas Southwestern Medical Center v. Nassar (2013), which clarified standards for retaliation claims under similar antidiscrimination laws, influencing how OFCCP evaluates veteran-related complaints. Politically, VEVRAA has bipartisan support, with amendments under Presidents from both parties expanding its scope. For instance, the Jobs for Veterans Act of 2002 under President George W. Bush raised the contract threshold and broadened protections.
In the current landscape, with ongoing debates over regulatory burdens amid economic recovery efforts, this renewal occurs against a backdrop of scrutiny on federal paperwork. The PRA itself, enacted in 1995, aims to curb unnecessary collections, and OFCCP's updates to burden estimates demonstrate responsiveness to this goal.
Implications for Contractors and Veterans
Short-term implications include the opportunity for public input, which could lead to adjustments in the final OMB approval, potentially easing burdens if commenters provide evidence of overestimation. For contractors, maintaining compliance records remains crucial to avoid audits, with OFCCP conducting scheduled evaluations that rely on these documents.
Long-term, the renewal supports sustained enforcement, which could improve veteran hiring rates over time. However, challenges persist, such as integrating these requirements with other affirmative action obligations, creating a complex compliance environment for large contractors. Different perspectives highlight this: business groups may push for streamlined digital reporting to reduce hours, while advocates argue for more detailed data to track progress on veteran employment goals.
In summary, this Federal Register notice underscores OFCCP's commitment to VEVRAA enforcement through efficient recordkeeping. Potential next steps include OMB review following the comment period, with possible revisions based on feedback. Ongoing debates may focus on balancing administrative efficiency with robust protections, as stakeholders navigate evolving labor market dynamics and technological advancements in compliance tools.
