Notes on 38 U.S.C. § 4212 : US Code - Notes

Search Notes on 38 U.S.C. § 4212 : US Code - Notes

(Added Pub. L. 92-540, title V, Sec. 503(a), Oct. 24, 1972, 86
Stat. 1097, Sec. 2012; amended Pub. L. 93-508, title IV, Sec. 402,
Dec. 3, 1974, 88 Stat. 1593; Pub. L. 94-502, title VI, Secs. 605,
607(2), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 95-520, Sec. 6(a),
Oct. 26, 1978, 92 Stat. 1821; Pub. L. 96-466, title V, Sec. 509,
title VIII, Sec. 801(j), Oct. 17, 1980, 94 Stat. 2206, 2217; Pub.
L. 97-306, title III, Sec. 310(a), Oct. 14, 1982, 96 Stat. 1442;
renumbered Sec. 4212 and amended Pub. L. 102-83, Secs. 4(b)(8),
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 405, 406; Pub. L. 103-446,
title VII, Sec. 702(a), Nov. 2, 1994, 108 Stat. 4674; Pub. L. 105-
339, Secs. 7(a), 8, Oct. 31, 1998, 112 Stat. 3188, 3189; Pub. L.
106-419, title III, Sec. 322(a), (b), Nov. 1, 2000, 114 Stat. 1855;
Pub. L. 107-288, Sec. 2(b)(1), (2)(A)-(C), Nov. 7, 2002, 116 Stat.
2034, 2035.)
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, as
amended. For complete classification of this Act to the Code, see
Short Title note set out under section 9201 of Title 20, Education,
and 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
2002 - Subsec. (a). Pub. L. 107-288, Sec. 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."
Subsec. (c). Pub. L. 107-288, Sec. 2(b)(2)(A), struck out
"suitable" before "employment openings" and substituted "subsection
(a)(2)(B)" for "subsection (a)(2) of this section".
Subsec. (d)(1). Pub. L. 107-288, Sec. 2(b)(2)(B)(i), struck out
"of this section" after "subsection (a)" in introductory
provisions.
Subsec. (d)(1)(A), (B). Pub. L. 107-288, Sec. 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".
Subsec. (d)(2). Pub. L. 107-288, Sec. 2(b)(2)(C), struck out "of
this subsection" after "paragraph (1)".
2000 - Subsec. (a). Pub. L. 106-419, Sec. 322(a), inserted
"recently separated veterans," after "veterans of the Vietnam era,"
in first sentence.
Subsec. (d)(1)(A), (B). Pub. L. 106-419, Sec. 322(b), inserted
"recently separated veterans," after "veterans of the Vietnam
era,".
1998 - Subsec. (a). Pub. L. 105-339, Sec. 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".
Subsec. (b). Pub. L. 105-339, Sec. 7(a)(2), substituted "veteran
covered by the first sentence of subsection (a)" for "special
disabled veteran or veteran of the Vietnam era".
Subsec. (d)(1)(A), (B). Pub. L. 105-339, Sec. 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".
Subsec. (d)(1)(C). Pub. L. 105-339, Sec. 8, added subpar. (C).
1994 - 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,".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 2012 of this
title as this section.
Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "4107(c)"
for "2007(c)".
Pub. L. 102-83, Sec. 4(b)(8), substituted "Secretary of Labor"
for "Secretary".
Subsec. (d). Pub. L. 102-83, Sec. 4(b)(8), substituted "Secretary
of Labor" for "Secretary" wherever appearing.
1982 - Subsec. (d). Pub. L. 97-306 added subsec. (d).
1980 - Subsec. (a). Pub. L. 96-466, Sec. 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".
Subsec. (b). Pub. L. 96-466, Sec. 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.
1978 - 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.
1976 - Subsec. (b). Pub. L. 94-502, Sec. 607(2), substituted "the
contractor's" for "his".
Subsec. (c). Pub. L. 94-502, Sec. 605, added subsec. (c).
1974 - Subsec. (a). Pub. L. 93-508, Sec. 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".
Subsec. (b). Pub. L. 93-508, Sec. 402(3), substituted "relating
to the employment of veterans" for "relating to giving special
emphasis in employment to veterans".
EFFECTIVE DATE OF 2002 AMENDMENT
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.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by section 509 of Pub. L. 96-466 effective Oct. 1,
1980, see section 802(e) of Pub. L. 96-466, set out as a note under
section 4101 of this title.
Amendment by section 801(j) of Pub. L. 96-466 effective Oct. 1,
1980, see section 802(h) of Pub. L. 96-466, set out as a note under
section 3452 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-502 effective Dec. 1, 1976, see section
703(c) of Pub. L. 94-502, set out as an Effective Date note under
section 3693 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section
503 of Pub. L. 93-508, set out as a note under section 3452 of this
title.
EFFECTIVE DATE
Section effective 90 days after Oct. 24, 1972, see section 601(b)
of Pub. L. 92-540, set out as an Effective Date of 1972 Amendment
note under section 4101 of this title.
PRESCRIPTION OF REGULATIONS
Section 310(b) of Pub. L. 97-306 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)."
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 (Public Law 92-540; 86 Stat. 1097) added a new section
2012 [now 4212] to Title 38 of the United States Code which, in
effect, provides statutory authority to extend the program
developed under that order with respect to Government contractors
and their subcontractors.
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:
Section 1. The Secretary of Labor shall issue rules and
regulations requiring each department and agency of the executive
branch of the Federal Government to list suitable employment
openings with the appropriate office of the State Employment
Service or the United States Employment Service. This section shall
not be construed as requiring the employment of individuals
referred by such office or as superseding any requirements of the
Civil Service Laws. Rules, regulations, and orders to implement
this section shall be developed in consultation with the Civil
Service Commission.
Sec. 2. The Secretary of Labor is hereby designated and empowered
to exercise, without the approval, ratification, or other action of
the President, the authority of the President under Section 2012
[now 4212] of Title 38 of the United States Code.
Sec. 3. The Secretary of Labor shall gather information on the
effectiveness of the program established under this order and
Section 2012 [now 4212] of Title 38 of the United States Code and
of the extent to which the employment service system is fulfilling
the employment needs of veterans. The Secretary of Labor shall,
from time to time, report to the President concerning his
evaluation of the effectiveness of this order along with his
recommendations for further action which the Secretary believes to
be appropriate.
Sec. 4. Appropriate departments and agencies shall, in
consultation with the Secretary of Labor, issue such amendments or
additions to procurement rules and regulations as may be necessary
to carry out the purposes of this order and Section 2012 [now 4212]
of Title 38 of the United States Code. Except as otherwise provided
by law, all executive departments and agencies are directed to
cooperate with the Secretary of Labor, to furnish the Secretary of
Labor with such information and assistance as he may require in the
performance of his functions under this order, and to comply with
rules, regulations, and orders of the Secretary.
Sec. 5. Executive Order No. 11598 of June 16, 1971, is hereby
superseded.
Richard Nixon.