38 USC 4212: Veterans' employment emphasis under Federal contractsText contains those laws in effect on April 25, 2024
From Title 38-VETERANS' BENEFITSPART III-READJUSTMENT AND RELATED BENEFITSCHAPTER 42-EMPLOYMENT AND TRAINING OF VETERANS
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§4212. Veterans' employment emphasis under Federal contracts
(a)(1) Any contract in the amount of $100,000 or more entered into by any department or agency of the United States for the procurement of personal property and nonpersonal services (including construction) for the United States, shall contain a provision requiring that the party contracting with the United States take affirmative action to employ and advance in employment qualified covered veterans. This section applies to any subcontract in the amount of $100,000 or more entered into by a prime contractor in carrying out any such contract.
(2) In addition to requiring affirmative action to employ such qualified covered veterans under such contracts and subcontracts and in order to promote the implementation of such requirement, the Secretary of Labor shall prescribe regulations requiring that-
(A) each such contractor for each such contract shall immediately list all of its employment openings with the appropriate employment service delivery system (as defined in section 4101(7) of this title), and may also list such openings with one-stop career centers under the Workforce Investment Act of 1998,1 other appropriate service delivery points, or America's Job Bank (or any additional or subsequent national electronic job bank established by the Department of Labor), except that the contractor may exclude openings for executive and senior management positions and positions which are to be filled from within the contractor's organization and positions lasting three days or less;
(B) each such employment service delivery system shall give such qualified covered veterans priority in referral to such employment openings; and
(C) each such employment service delivery system shall provide a list of such employment openings to States, political subdivisions of States, or any private entities or organizations under contract to carry out employment, training, and placement services under chapter 41 of this title.
(3) In this section:
(A) The term "covered veteran" means any of the following veterans:
(i) Disabled veterans.
(ii) Veterans who served on active duty in the Armed Forces during a war or in a campaign or expedition for which a campaign badge has been authorized.
(iii) Veterans who, while serving on active duty in the Armed Forces, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order No. 12985 (61 Fed. Reg. 1209).
(iv) Recently separated veterans.
(B) The term "qualified", with respect to an employment position, means having the ability to perform the essential functions of the position with or without reasonable accommodation for an individual with a disability.
(b) If any veteran covered by the first sentence of subsection (a) believes any contractor of the United States has failed to comply or refuses to comply with the provisions of the contractor's contract relating to the employment of veterans, the veteran may file a complaint with the Secretary of Labor, who shall promptly investigate such complaint and take appropriate action in accordance with the terms of the contract and applicable laws and regulations.
(c) The Secretary of Labor shall include as part of the annual report required by section 4107(c) of this title the number of complaints filed pursuant to subsection (b) of this section, the actions taken thereon and the resolutions thereof. Such report shall also include the number of contractors listing employment openings, the nature, types, and number of positions listed and the number of veterans receiving priority pursuant to subsection (a)(2)(B).
(d)(1) Each contractor to whom subsection (a) applies shall, in accordance with regulations which the Secretary of Labor shall prescribe, report at least annually to the Secretary of Labor on-
(A) the number of employees in the workforce of such contractor, by job category and hiring location, and the number of such employees, by job category and hiring location, who are qualified covered veterans;
(B) the total number of new employees hired by the contractor during the period covered by the report and the number of such employees who are qualified covered veterans; and
(C) the maximum number and the minimum number of employees of such contractor during the period covered by the report.
(2) The Secretary of Labor shall ensure that the administration of the reporting requirement under paragraph (1) is coordinated with respect to any requirement for the contractor to make any other report to the Secretary of Labor.
(3) The Secretary of Labor shall establish and maintain an Internet website on which the Secretary of Labor shall publicly disclose the information reported to the Secretary of Labor by contractors under paragraph (1).
(Added Pub. L. 92–540, title V, §503(a), Oct. 24, 1972, 86 Stat. 1097, §2012; amended Pub. L. 93–508, title IV, §402, Dec. 3, 1974, 88 Stat. 1593; Pub. L. 94–502, title VI, §§605, 607(2), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 95–520, §6(a), Oct. 26, 1978, 92 Stat. 1821; Pub. L. 96–466, title V, §509, title VIII, §801(j), Oct. 17, 1980, 94 Stat. 2206, 2217; Pub. L. 97–306, title III, §310(a), Oct. 14, 1982, 96 Stat. 1442; renumbered §4212 and amended Pub. L. 102–83, §§4(b)(8), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 405, 406; Pub. L. 103–446, title VII, §702(a), Nov. 2, 1994, 108 Stat. 4674; Pub. L. 105–339, §§7(a), 8, Oct. 31, 1998, 112 Stat. 3188, 3189; Pub. L. 106–419, title III, §322(a), (b), Nov. 1, 2000, 114 Stat. 1855; Pub. L. 107–288, §2(b)(1), (2)(A)–(C), Nov. 7, 2002, 116 Stat. 2034, 2035; Pub. L. 112–154, title VII, §708, Aug. 6, 2012, 126 Stat. 1207.)
Editorial Notes
References in Text
The Workforce Investment Act of 1998, referred to in subsec. (a)(2)(A), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. For complete classification of this Act to the Code, see Tables.
Executive Order No. 12985, referred to in subsec. (a)(3)(A)(iii), is set out as a note preceding section 1121 of Title 10, Armed Forces.
Amendments
2012-Subsec. (d)(3).
2002-Subsec. (a).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(1)(A), (B).
"(A) the number of employees in the work force of such contractor, by job category and hiring location, who are special disabled veterans, veterans of the Vietnam era, recently separated veterans, or other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized;
"(B) the total number of new employees hired by the contractor during the period covered by the report and the number of such employees who are special disabled veterans, veterans of the Vietnam era, recently separated veterans, or other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized; and".
Subsec. (d)(2).
2000-Subsec. (a).
Subsec. (d)(1)(A), (B).
1998-Subsec. (a).
Subsec. (b).
Subsec. (d)(1)(A), (B).
Subsec. (d)(1)(C).
1994-Subsec. (a)(1).
1991-
Subsec. (c).
Subsec. (d).
1982-Subsec. (d).
1980-Subsec. (a).
Subsec. (b).
1978-Subsec. (b).
1976-Subsec. (b).
Subsec. (c).
1974-Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by section 509 of
Amendment by section 801(j) of
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1974 Amendment
Amendment by
Effective Date
Section effective 90 days after Oct. 24, 1972, see section 601(b) of
Prescription of Regulations
Pub. L. 97–306, title III, §310(b), Oct. 14, 1982, 96 Stat. 1442, provided that: "Within 90 days after the date of the enactment of this Act [Oct. 14, 1982], the Secretary of Labor shall prescribe regulations under subsection (d) of section 2012 [now 4212] of title 38, United States Code, as added by the amendment made by subsection (a)."
Executive Documents
Ex. Ord. No. 11701. Employment of Veterans by Federal Agencies and Government Contractors and Subcontractors
Ex. Ord. No. 11701, Jan. 24, 1973, 38 F.R. 2675, provided:
On June 16, 1971, I issued Executive Order No. 11598 to facilitate the employment of returning veterans by requiring Federal agencies and Federal contractors and their subcontractors to list employment openings with the employment service systems. Section 503 of the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (
NOW, THEREFORE, by virtue of the authority vested in me by section 301 of Title 3 of the United States Code and as President of the United States, it is hereby ordered as follows:
Richard Nixon.
1See References in Text note below.