38 U.S.C. § 4212 : US Code - Section 4212: Veterans' employment emphasis under Federal contracts

Search 38 U.S.C. § 4212 : US Code - Section 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, 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.