ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

38 U.S.C. § 4212 — Veterans’ employment emphasis under Federal contracts

submitted 54 years ago by Pub. L. 92-540 to r/title-38-VETERANS-BENEFITS · 746 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal contracts and subcontracts of at least $100,000 must require affirmative action for qualified covered veterans. The section sets referral, complaint, reporting, and public-disclosure requirements.

(a)(1) A United States department or agency contract of at least $100,000 for personal property or nonpersonal services, including construction, must require the contractor to take affirmative action to employ and advance qualified covered veterans. The same applies to a subcontract of at least $100,000 under such a contract. (2) Labor Department regulations must require each contractor to promptly list employment openings with the appropriate employment-service system. It may also list them with the specified career centers or job bank. It may leave out executive and senior-management jobs, jobs filled from within the organization, and jobs lasting three days or less. The employment-service system must give qualified covered veterans priority in referrals and provide the openings to States, political subdivisions, and private entities or organizations under contract for employment, training, and placement services under chapter 41. (3)(A) “Covered veteran” means a disabled veteran, a veteran who served during a war or campaign or expedition for which a campaign badge was authorized, a veteran who participated in a qualifying military operation for which an Armed Forces service medal was awarded, or a recently separated veteran. (B) “Qualified” means able to perform the essential functions of the job with or without reasonable accommodation for a person with a disability.

(b) A covered veteran who believes a contractor failed or refused to comply with the contract’s veteran-employment provisions may complain to the Secretary of Labor. The Secretary must promptly investigate and take appropriate action under the contract and applicable law and regulations.

(c) The Secretary must include in the annual report the number of these complaints, actions, and resolutions; the number of contractors listing openings; the nature, types, and number of listed jobs; and the number of veterans receiving referral priority.

(d)(1) Each covered contractor must report at least annually, as regulations require, (A) workforce employees by job category and hiring location, including qualified covered veterans; (B) new hires during the reporting period, including qualified covered veterans; and (C) the contractor’s highest and lowest employee counts during the period. (2) The Secretary must coordinate this reporting with other required reports. (3) The Secretary must maintain an Internet site publicly disclosing the reported information.

the actual law source: uscode.house.gov ↗public domain
(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).

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-540 · 86 Stat. 1097
  • 1974Amended · Pub. L. 93-508 · 88 Stat. 1593
  • 1976Amended · Pub. L. 94-502 · 90 Stat. 2405
  • 1978Amended · Pub. L. 95-520 · 92 Stat. 1821
  • 1980Amended · Pub. L. 96-466 · 94 Stat. 2206, 2217
  • 1982Amended · Pub. L. 97-306 · 96 Stat. 1442
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 405, 406
  • 1994Amended · Pub. L. 103-446 · 108 Stat. 4674
  • 1998Amended · Pub. L. 105-339 · 112 Stat. 3188, 3189
  • 2000Amended · Pub. L. 106-419 · 114 Stat. 1855
  • 2002Amended · Pub. L. 107-288 · 116 Stat. 2034, 2035
  • 2012Amended · Pub. L. 112-154 · 126 Stat. 1207

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-540 on 1972-10-24.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case