§ 4212. Veterans’ employment emphasis under Federal contracts

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Veterans’ Employment and Readjustment Act of 1972

   Pub. L. 92–540 title V § 503(a) · 86 Stat. 1074

   Enacted · 38 U.S.C. § 4212

   Added Pub. L. 92–540, title V, § 503(a), Oct. 24, 1972, 86 Stat. 1097, § 2012

   Source evidence

   Code source credit
   Added Pub. L. 92–540, title V, § 503(a), Oct. 24, 1972, 86 Stat. 1097, § 2012

   Enacted provision · exact public law section
   (a) Part III of title 38, United States Code, is amended 72 Stat. 1170; Ante, p. 1094. 38 USC 1501. by adding at the end thereof a new chapter as follows: “Chapter 42.— EMPLOYMENT AND TRAINING OF DISABLED AND VIETNAM ERA VETERANS “Sec. “2011. Definitions. “2012. Veterans’ employment emphasis under Federal contracts. “2013. Eligibility requirements for veterans under certain Federal manpower training programs. “§ 2011. Definitions “As used in this chapter— “(1) The term ‘disabled veteran’ means a person entitled to dis-ability compensation under laws administered by the Veterans’ Administration for a disability rated at 30 per centum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. “(2) The term ‘veteran of the Vietnam era’ means a person (A) who (i) served on active duty for a period of more than 180 days, any part of which occurred during the Vietnam era, and was dis-charged or released therefrom with other than a dishonorable dis-charge, or (ii) was discharged or released from active duty for a service-connected disability if any part of such active duty was per-formed during the Vietnam era, and (B) who was so discharged or released within the 48 months preceding his application for employment covered under this chapter. “(3) The term ‘department and agency’ means any department or agency of the Federal Government or any federally owned corporation. “§ 2012. Veterans’ employment emphasis under Federal contracts “(a) Any contract entered into by any department or agency for the procurement of personal property and non-personal services (including construction) for the United States, shall contain a pro-vision requiring that, in employing persons to carry out such contract, the party contracting with the United States shall give special emphasis to the employment of qualified disabled veterans and veterans of the Vietnam era. The provisions of this section shall apply to any subcontract entered into by a prime contractor in carrying out any contract for the procurement of personal property and non-personal services (including construction) for the United States. The President shall implement the provisions of this section by promulgating regulations within 60 days after the date of enactment of this section, which regulations shall require that (1) each such contractor undertake in such contract to list immediately with the appropriate local employment service office all of its suitable employment openings, and (2) each such local office shall give such veterans priority in referral to such employment openings. “(b) If any disabled veteran or veteran of the Vietnam era believes any contractor has failed or refuses to comply with the provisions of his contract with the United States, relating to giving special emphasis in employment to veterans, such veteran may file a complaint with the Veterans’ Employment Service of the Department of Labor. Such complaint shall be promptly referred to the Secretary who shall promptly investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of such contract and the laws and regulations applicable thereto. “§ 2013. Eligibility requirements for veterans under certain Federal manpower training programs “Any (1) amounts received as pay or allowances by any person while serving on active duty, (2) period of time during which such person served on such active duty, and (3) amounts received under chapters 3a USC 301, 401, 1501, 1651, 1700, 1770. 72 Stat. 1106. 11, 13, 31, 34, 35, and 36 of this title by a veteran (as defined in section 101(2) of this title) who served on active duty for a period of more than 180 days or was discharged or released from active duty for a service-connected disability, and any amounts received by an eligible person under chapters 13 and 35 of such title, shall be disregarded in determining the needs or qualifications of participants in any public service employment program, any emergency employment program, any job training program assisted under the Economic Opportunity 78 Stat. 508. 42 USC 2701 note. 76 Stat. 23. 42 USC 2571 note. Act of 1964, any manpower training program assisted under the Manpower Development and Training Act of 1962, or any other manpower training (or related) program financed in whole or in part with Federal funds.”

2. 1974

   Vietnam Era Veterans’ Readjustment Assistance Act of 1974

   Pub. L. 93–508 § 402(1) · 88 Stat. 1578

   1. Substituted · 38 U.S.C. § 4212(a)

      Pub. L. 93–508, § 402(1), (2), substituted “Any contract in the amount of $10,000 or more entered into” for “Any contract entered into”

   2. Substituted · 38 U.S.C. § 4212(a)

      Pub. L. 93–508, § 402(1), (2), substituted “the party contracting with the United States shall take affirmative action to employ and advance in employment” for “in employing persons to carry out such contract, the party contracting with the United States shall give special emphasis to the employment of”

   3. Substituted · 38 U.S.C. § 4212(a)

      Pub. L. 93–508, § 402(1), (2), substituted “In addition to requiring affirmative action to employ such veterans under such contracts and subcontracts and in order to promote the implementation of such requirement, the President shall” for “The President shall”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–508, § 402(1), (2), substituted “Any contract in the amount of $10,000 or more entered into” for “Any contract entered into”, “the party contracting with the United States shall take affirmative action to employ and advance in employment” for “in employing persons to carry out such contract, the party contracting with the United States shall give special emphasis to the employment of”, and “In addition to requiring affirmative action to employ such veterans under such contracts and subcontracts and in order to promote the implementation of such requirement, the President shall” for “The President shall”.

   Enacted provision · exact public law section
   (1) by inserting in the first sentence of section 2012(a) “in the Employment under Federal contracts. 38 USC 2012. amount of $10,000 or more” after “contract” where it first appears, by striking out “, in employing persons to carry out such contract,” in such sentence, and by striking out “give special emphasis to the employment of” and inserting in lieu thereof “take affirmative action to employ and advance in employment” in such sentence;

3. 1974

   Vietnam Era Veterans’ Readjustment Assistance Act of 1974

   Pub. L. 93–508 § 402(3) · 88 Stat. 1578

   Substituted · 38 U.S.C. § 4212(b)

   Pub. L. 93–508, § 402(3), substituted “relating to the employment of veterans” for “relating to giving special emphasis in employment to veterans”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–508, § 402(3), substituted “relating to the employment of veterans” for “relating to giving special emphasis in employment to veterans”.

   Enacted provision · exact public law section
   (3) by striking out in the first sentence of section 2012(b) “giving special emphasis in employment to” and inserting in lieu thereof “the employment of”.

4. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 § 607(2) · 90 Stat. 2383

   Substituted · 38 U.S.C. § 4212(b)

   Pub. L. 94–502, § 607(2), substituted “the contractor’s” for “his”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–502, § 607(2), substituted “the contractor’s” for “his”.

   Enacted provision · exact public law section
   (2) by striking out in the first sentence of section 2012(b) “his” 38 USC 2012. and inserting in lieu thereof “the contractor’s”.

5. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 § 605 · 90 Stat. 2383

   Added · 38 U.S.C. § 4212(c)

   Pub. L. 94–502, § 605, added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–502, § 605, added subsec. (c).

   Enacted provision · exact public law section
   Sec. 605. Section 2012 of title 38, United States (.’ode, is amended by adding at the end thereof a new subsection (c) as follows: “(c) The Secretary shall include as part of the annual report required by section 2007(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 suitable employment openings, the nature, types, and number of positions listed and the number of veterans receiving priority pursuant to subsection (a)(2) of this section.”.

6. 1978

   Veterans’ Administration Programs Extension Act of 1978

   Pub. L. 95–520 § 6(a) · 92 Stat. 1820

   Changed · 38 U.S.C. § 4212(b)

   Pub. L. 95–520 authorized filing of a complaint by a veteran entitled to disability compensation under laws administered by the Veterans’ Administration based on a contractor’s discrimination against the veteran because the veteran is handicapped

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–520 authorized filing of a complaint by a veteran entitled to disability compensation under laws administered by the Veterans’ Administration based on a contractor’s discrimination against the veteran because the veteran is handicapped.

   Enacted provision · exact public law section
   (a) Section 2012(b) of title 38, United States Code, relating to veterans’ employment emphasis under Federal contracts, is amended by inserting after “veterans” a comma and “or if any veteran who is entitled to disability compensation under the laws administered by the Veterans’ Administration believes that any such contractor has discriminated against such veteran because such veteran is a handicapped individual within the meaning of section 7(6) of the Rehabilitation Act of 1973 (29 U.S.C. 706(6))”.

7. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 § 801(j) · 94 Stat. 2171

   1. Inserted · 38 U.S.C. § 4212(a)

      Pub. L. 96–466, § 801(j), inserted “special” after “qualified”

   2. Substituted · 38 U.S.C. § 4212(a)

      Pub. L. 96–466, § 801(j), substituted “regulations which shall require” for “regulations within 60 days after the date of enactment of this section, which regulations shall require”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–466, § 801(j), inserted “special” after “qualified” and substituted “regulations which shall require” for “regulations within 60 days after the date of enactment of this section, which regulations shall require”.

   Enacted provision · exact public law section
   (j) Section 2012(a) is amended by— 38 USC 2012. (1) inserting “special” after “qualified”; and (2) striking out “within 60 days after the date of enactment of this section, which regulations” and inserting in lieu thereof “which”.

8. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 § 509 · 94 Stat. 2171

   1. Substituted · 38 U.S.C. § 4212(b)

      Pub. L. 96–466, § 509, among other changes, substituted reference to a special disabled veteran for reference to a disabled veteran

   2. Struck · 38 U.S.C. § 4212(b)

      Pub. L. 96–466, § 509, among other changes, struck out provisions relating to the filing of a complaint by any veteran entitled to disability compensation who believed that a contractor had discriminated against such veteran because such veteran was a handicapped individual within the meaning of section 706(6) of title 29

   3. Substituted · 38 U.S.C. § 4212(b)

      Pub. L. 96–466, § 509, among other changes, substituted provisions relating to the filing of a complaint with the Secretary of Labor for provisions relating to the filing of a complaint with the Veterans’ Employment Service of the Department of Labor and prompt referral of the complaint to the Secretary

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–466, § 509, among other changes, substituted reference to a special disabled veteran for reference to a disabled veteran, struck out provisions relating to the filing of a complaint by any veteran entitled to disability compensation who believed that a contractor had discriminated against such veteran because such veteran was a handicapped individual within the meaning of section 706(6) of title 29, and substituted provisions relating to the filing of a complaint with the Secretary of Labor for provisions relating to the filing of a complaint with the Veterans’ Employment Service of the Department of Labor and prompt referral of the complaint to the Secretary.

   Enacted provision · exact public law section
   Sec. 509. filing of complaints regarding violations of employment emphasis provisions in federal contracts Subsection (b) of section 2012 is amended to read as follows: “(b) If any special disabled veteran or veteran of the Vietnam era 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.”.

9. 1982

   Veterans’ Compensation, Education, and Employment Amendments of 1982

   Pub. L. 97–306 title III § 310(a) · 96 Stat. 1429

   Added · 38 U.S.C. § 4212(d)

   Pub. L. 97–306 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 97–306 added subsec. (d).

   Enacted provision · exact public law section
   (a) Section 2012 is amended by adding at the end the following new subsection: “(d) (1) Each contractor to whom subsection (a) of this section applies shall, in accordance with regulations which the Secretary shall prescribe, report at least annually to the Secretary on— “(A) the number of employees in the work force of such contractor, by job category and hiring location, who are veterans of the Vietnam era or special disabled veterans; and “(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 veterans of the Vietnam era or special disabled veterans. “(2) The Secretary shall ensure that the administration of the reporting requirement under paragraph (1) of this subsection is coordinated with respect to any requirement for the contractor to make any other report to the Secretary.”.

10. 1991

    Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 4212

    Pub. L. 102–83, § 5(a), renumbered section 2012 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 2012 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

11. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 4212(c)

    Pub. L. 102–83, § 5(c)(1), substituted “4107(c)” for “2007(c)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “4107(c)” for “2007(c)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

12. 1991

    Pub. L. 102–83 § 4(b)(8) · 105 Stat. 378

    Substituted · 38 U.S.C. § 4212(c)

    Pub. L. 102–83, § 4(b)(8), substituted “Secretary of Labor” for “Secretary”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(8), substituted “Secretary of Labor” for “Secretary”.

    Enacted provision · exact public law section
    (8) Section 2012 is amended by striking out “Secretary” each place it appears in subsections (c) and (d) and inserting in lieu thereof “Secretary of Labor”.

13. 1991

    Pub. L. 102–83 § 4(b)(8) · 105 Stat. 378

    Substituted · 38 U.S.C. § 4212(d)

    Pub. L. 102–83, § 4(b)(8), substituted “Secretary of Labor” for “Secretary” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–83, § 4(b)(8), substituted “Secretary of Labor” for “Secretary” wherever appearing.

    Enacted provision · exact public law section
    (8) Section 2012 is amended by striking out “Secretary” each place it appears in subsections (c) and (d) and inserting in lieu thereof “Secretary of Labor”.

14. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title VII § 702(a) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 4212(a)(1)

    Pub. L. 103–446 substituted “all of its employment openings except that the contractor may exclude openings for executive and top management positions, positions which are to be filled from within the contractor’s organization, and positions lasting three days or less,” for “all of its suitable employment openings,”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 103–446 substituted “all of its employment openings except that the contractor may exclude openings for executive and top management positions, positions which are to be filled from within the contractor’s organization, and positions lasting three days or less,” for “all of its suitable employment openings,”.

    Enacted provision · exact public law section
    (a) Federal Contracts.— Section 4212(a) is amended by striking out “all of its suitable employment openings,” in clause (1) of the third sentence and inserting in lieu thereof “all of its employment openings except that the contractor may exclude openings for executive and top management positions, positions which are to be filled from within the contractor’s organization, and positions lasting three days or less,”.

15. 1998

    Veterans Employment Opportunities Act of 1998”

    Pub. L. 105–339 § 7(a)(1) · 112 Stat. 3182

    1. Substituted · 38 U.S.C. § 4212(a)

       Pub. L. 105–339, § 7(a)(1), in first sentence, substituted “$25,000” for “$10,000”

    2. Substituted · 38 U.S.C. § 4212(a)

       Pub. L. 105–339, § 7(a)(1), in first sentence, substituted “special disabled veterans, veterans of the Vietnam era, and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized” for “special disabled veterans and veterans of the Vietnam era”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–339, § 7(a)(1), in first sentence, substituted “$25,000” for “$10,000” and “special disabled veterans, veterans of the Vietnam era, and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized” for “special disabled veterans and veterans of the Vietnam era”.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking out “$10,000” and inserting in lieu thereof “$25,000”; and (B) by striking out “special disabled veterans and veterans of the Vietnam era” and inserting in lieu thereof “special disabled veterans, veterans of the Vietnam era, and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized”;

16. 1998

    Veterans Employment Opportunities Act of 1998”

    Pub. L. 105–339 § 7(a)(2) · 112 Stat. 3182

    Substituted · 38 U.S.C. § 4212(b)

    Pub. L. 105–339, § 7(a)(2), substituted “veteran covered by the first sentence of subsection (a)” for “special disabled veteran or veteran of the Vietnam era”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–339, § 7(a)(2), substituted “veteran covered by the first sentence of subsection (a)” for “special disabled veteran or veteran of the Vietnam era”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking out “special disabled veteran or veteran of the Vietnam era” and inserting in lieu thereof “veteran covered by the first sentence of subsection (a)”; and

17. 1998

    Veterans Employment Opportunities Act of 1998”

    Pub. L. 105–339 § 7(a)(3) · 112 Stat. 3182

    Substituted · 38 U.S.C. § 4212(d)(1)(A); 38 U.S.C. § 4212(d)(1)(B)

    Pub. L. 105–339, § 7(a)(3), substituted “special disabled veterans, veterans of the Vietnam era, 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” for “veterans of the Vietnam era or special disabled veterans”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A), (B). Pub. L. 105–339, § 7(a)(3), substituted “special disabled veterans, veterans of the Vietnam era, 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” for “veterans of the Vietnam era or special disabled veterans”.

    Enacted provision · exact public law section
    (3) in subsection (d)(1), by striking out “veterans of the Vietnam era or special disabled veterans” both places it appears and inserting in lieu thereof “special disabled veterans, veterans of the Vietnam era, 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”.

18. 1998

    Veterans Employment Opportunities Act of 1998”

    Pub. L. 105–339 § 8 · 112 Stat. 3182

    Added · 38 U.S.C. § 4212(d)(1)(C)

    Pub. L. 105–339, § 8, added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (d)(1)(C). Pub. L. 105–339, § 8, added subpar. (C).

    Enacted provision · exact public law section
    SEC. 8. REQUIREMENT FOR ADDITIONAL INFORMATION IN ANNUAL REPORTS FROM FEDERAL CONTRACTORS ON VETERANS EMPLOYMENT. Section 4212(d)(1) of title 38, United States Code, as amended by section 7(a)(3) of this Act, is further amended— (1) by striking out “and” at the end of subparagraph (A); (2) by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “; and”; and (3) by adding at the end the following: “(C) the maximum number and the minimum number of employees of such contractor during the period covered by the report.”.

19. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 § 322(a) · 114 Stat. 1822

    Inserted · 38 U.S.C. § 4212(a)

    Pub. L. 106–419, § 322(a), inserted “recently separated veterans,” after “veterans of the Vietnam era,” in first sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–419, § 322(a), inserted “recently separated veterans,” after “veterans of the Vietnam era,” in first sentence.

    Enacted provision · exact public law section
    (a) Employment Emphasis.— Subsection (a) of section 4212 is amended in the first sentence by inserting “recently separated veterans,” after “veterans of the Vietnam era,”.

20. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 § 322(b) · 114 Stat. 1822

    Inserted · 38 U.S.C. § 4212(d)(1)(A); 38 U.S.C. § 4212(d)(1)(B)

    Pub. L. 106–419, § 322(b), inserted “recently separated veterans,” after “veterans of the Vietnam era,”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A), (B). Pub. L. 106–419, § 322(b), inserted “recently separated veterans,” after “veterans of the Vietnam era,”.

    Enacted provision · exact public law section
    (b) Conforming Amendments.— Subsection (d)(1) of that section is amended by inserting “recently separated veterans,” after “veterans of the Vietnam era,” each place it appears in subparagraphs (A) and (B).

21. 2002

    Jobs for 38 usc 101 note. Veterans Act

    Pub. L. 107–288 § 2(b)(1) · 116 Stat. 2033

    Amended · 38 U.S.C. § 4212(a)

    Pub. L. 107–288, § 2(b)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any contract in the amount of $25,000 or more entered into by any department or agency for the procurement of personal property and non-personal services (including construction) for the United States, shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified special disabled veterans, veterans of the Vietnam era, recently separated veterans, and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. The provisions of this section shall apply to any subcontract entered into by a prime contractor in carrying out any contract for the procurement of personal property and non-personal services (including construction) for the United States. In addition to requiring affirmative action to employ such veterans under such contracts and subcontracts and in order to promote the implementation of such requirement, the President shall implement the provisions of this section by promulgating regulations which shall require that (1) each such contractor undertake in such contract to list immediately with the appropriate local employment service office all of its employment openings except that the contractor may exclude openings for executive and top management positions, positions which are to be filled from within the contractor’s organization, and positions lasting three days or less, and (2) each such local office shall give such veterans priority in referral to such employment openings.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–288, § 2(b)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any contract in the amount of $25,000 or more entered into by any department or agency for the procurement of personal property and non-personal services (including construction) for the United States, shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified special disabled veterans, veterans of the Vietnam era, recently separated veterans, and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. The provisions of this section shall apply to any subcontract entered into by a prime contractor in carrying out any contract for the procurement of personal property and non-personal services (including construction) for the United States. In addition to requiring affirmative action to employ such veterans under such contracts and subcontracts and in order to promote the implementation of such requirement, the President shall implement the provisions of this section by promulgating regulations which shall require that (1) each such contractor undertake in such contract to list immediately with the appropriate local employment service office all of its employment openings except that the contractor may exclude openings for executive and top management positions, positions which are to be filled from within the contractor’s organization, and positions lasting three days or less, and (2) each such local office shall give such veterans priority in referral to such employment openings.”

    Enacted provision · exact public law section
    (1) Section 4212(a) is amended to read as follows: “(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 Regulations, 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, 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.”.

    Effective date note
    Amendment by Pub. L. 107–288 applicable with respect to contracts entered into on or after the first day of the first month that begins 12 months after Nov. 7, 2002, see section 2(b)(3) of Pub. L. 107–288, set out as a note under section 4211 of this title.

22. 2002

    Jobs for 38 usc 101 note. Veterans Act

    Pub. L. 107–288 § 2(b)(2)(A) · 116 Stat. 2033

    1. Struck · 38 U.S.C. § 4212(c)

       Pub. L. 107–288, § 2(b)(2)(A), struck out “suitable” before “employment openings”

    2. Substituted · 38 U.S.C. § 4212(c)

       Pub. L. 107–288, § 2(b)(2)(A), substituted “subsection (a)(2)(B)” for “subsection (a)(2) of this section”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–288, § 2(b)(2)(A), struck out “suitable” before “employment openings” and substituted “subsection (a)(2)(B)” for “subsection (a)(2) of this section”.

    Enacted provision · exact public law section
    (A) Section 4212(c) is amended— (i) by striking “suitable”; and (ii) by striking “subsection (a)(2) of this section” and inserting “subsection (a)(2)(B)”.

    Effective date note
    Amendment by Pub. L. 107–288 applicable with respect to contracts entered into on or after the first day of the first month that begins 12 months after Nov. 7, 2002, see section 2(b)(3) of Pub. L. 107–288, set out as a note under section 4211 of this title.

23. 2002

    Jobs for 38 usc 101 note. Veterans Act

    Pub. L. 107–288 § 2(b)(2)(B)(i) · 116 Stat. 2033

    Struck · 38 U.S.C. § 4212(d)(1)

    Pub. L. 107–288, § 2(b)(2)(B)(i), struck out “of this section” after “subsection (a)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 107–288, § 2(b)(2)(B)(i), struck out “of this section” after “subsection (a)” in introductory provisions.

    Enacted provision · exact public law section
    (i) in the matter preceding subparagraph (A), by striking “of this section” after “subsection (a)”; and

    Effective date note
    Amendment by Pub. L. 107–288 applicable with respect to contracts entered into on or after the first day of the first month that begins 12 months after Nov. 7, 2002, see section 2(b)(3) of Pub. L. 107–288, set out as a note under section 4211 of this title.

24. 2002

    Jobs for 38 usc 101 note. Veterans Act

    Pub. L. 107–288 § 2(b)(2)(B)(ii) · 116 Stat. 2033

    Amended · 38 U.S.C. § 4212(d)(1)(A); 38 U.S.C. § 4212(d)(1)(B)

    Pub. L. 107–288, § 2(b)(2)(B)(ii), amended subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) read as follows:

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A), (B). Pub. L. 107–288, § 2(b)(2)(B)(ii), amended subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) read as follows:

    “(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”.

    Enacted provision · exact public law section
    (ii) by amending subparagraphs (A) and (B) to read as follows: (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”.

    Effective date note
    Amendment by Pub. L. 107–288 applicable with respect to contracts entered into on or after the first day of the first month that begins 12 months after Nov. 7, 2002, see section 2(b)(3) of Pub. L. 107–288, set out as a note under section 4211 of this title.

25. 2002

    Jobs for 38 usc 101 note. Veterans Act

    Pub. L. 107–288 § 2(b)(2)(C) · 116 Stat. 2033

    Struck · 38 U.S.C. § 4212(d)(2)

    Pub. L. 107–288, § 2(b)(2)(C), struck out “of this subsection” after “paragraph (1)”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 107–288, § 2(b)(2)(C), struck out “of this subsection” after “paragraph (1)”.

    Enacted provision · exact public law section
    (C) Section 4212(d)(2) is amended by striking “of this subsection” after “paragraph (1)”.

    Effective date note
    Amendment by Pub. L. 107–288 applicable with respect to contracts entered into on or after the first day of the first month that begins 12 months after Nov. 7, 2002, see section 2(b)(3) of Pub. L. 107–288, set out as a note under section 4211 of this title.

26. 2012

    Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012

    Pub. L. 112–154 title VII § 708 · 126 Stat. 1165

    Added · 38 U.S.C. § 4212(d)(3)

    Pub. L. 112–154 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 112–154 added par. (3).

    Enacted provision · exact public law section
    SEC. 708. PUBLICATION OF DATA ON EMPLOYMENT OF CERTAIN VETERANS BY FEDERAL CONTRACTORS.   Section 4212(d) is amended by adding at the end the following new paragraph: “(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).” .

33 of 33 references resolved to an enrolled provision