By Lily Kerr
Blog Overview: The Office of Federal Contract Compliance Programs (OFCCP) published an Information Collection Request on January 7, 2025, seeking reauthorization to enforce Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) recordkeeping requirements for federal contractors. The documentation also reiterates the importance of mandatory job listing provisions, protected veteran self-identification processes, and affirmative action plan benchmarks.
On January 7, 2026, a new Information Collection Request (ICR) was published in the Federal Register by the Office of Federal Contract Compliance Programs (OFCCP). This ICR seeks to renew the agency’s authority to enforce the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) by collecting information from contractors pursuant to the law’s Recordkeeping Requirements (38 U.S.C. 4212).
The public has until March 9, 2026, to submit comments on the ICR, either online via the Federal eRulemaking Portal or through mail. The current Office of Management and Budget (OMB) approval for this information collection is set to expire on April 30, 2026.
In the supporting statement for the ICR, OFCCP reiterated the requirement for contractors to list job openings with the appropriate state or local employment service delivery system (ESDS), stating:
“The mandatory job listing requirement is a critical component to helping qualified protected veterans find work with Federal contractors. Providing the ESDS with the name and location of the contractor’s hiring locations and contact information enables the ESDS to develop a centralized list of Federal contractors and ensures that they have appropriate contact information if there are any questions that need to be resolved in the job listing or priority referral process.”
OFCCP also described the continued requirements for contractors to do the following:
- Invite individuals to self-identify as a protected veteran (“This process enables the contractor and OFCCP to collect valuable data needed to track the number of protected veterans who apply for open positions and the number who are hired.”).
- Maintain the required contents of an affirmative action plan (AAP) (“Contractors maintain the AAP as a tool to ensure equal employment opportunity and to foster employment opportunities for protected veterans.”).
- Set a benchmark for hiring protected veterans (“This requirement provides contractors and OFCCP with a yardstick by which they can objectively measure the effectiveness of equal employment opportunity efforts. Data collected through the voluntary self-identification process is a required factor for consideration for those contractors who elect to create a personalized benchmark.”).
Notably, the request is being submitted by OFCCP specifically, rather than the Department of Labor (DOL) as a whole. Consistent with this specification, current OFCCP Director Ashley Romanias is listed as the contact for further information, rather than the Secretary of Labor Lori Chavez-DeRemer.
The identification of both OFCCP and Director Romanias in this request signals further signs of activity at an agency that has, until recently, been relatively dormant. Following the rescission of Executive Order (EO) 11246 at the dawn of the second Trump administration, significant uncertainty emerged regarding OFCCP’s future. These concerns were heightened when the agency was allocated zero funding in the President’s proposed federal budget for fiscal year 2026.
Over the past six months, however, several developments suggest that OFCCP will continue operating for the foreseeable future, with an enforcement focus on Section 503 of the Rehabilitation Act (Section 503) and VEVRAA. In August, DOL reversed course on sweeping layoffs that were slated for OFCCP, and in September, Romanias was appointed to replace former Director Catherine Eschbach. Most recently, the agency announced updated minimum contract thresholds for Section 503 and VEVRAA at the end of November.
Another significant development in recent months has been a Notice of Proposed Rulemaking (NPRM) issued by OFCCP on July 1. If adopted in its current form, the NPRM would significantly impact the Section 503 implementing regulations and recordkeeping requirements. By contrast, the VEVRAA implementing regulations would only experience minimal changes, primarily involving the removal of references to EO 11246. Importantly, the VEVRAA recordkeeping requirements, the subject of the current ICR, are slated to remain in effect without change.
OFCCP is currently reviewing public comments on the NPRM, many of which have opposed the proposed changes to Section 503.
DCI will continue to monitor updates related to the recent ICR and publish additional information as needed.
