38 U.S. Code § 4212

4/19/2021

38 U.S. Code § 4212 - Veterans’ employment emphasis under Federal contracts | U.S. Code | US Law | LII / Legal Information Institute

LII > U.S. Code > Title 38 > PART III > CHAPTER 42 > § 4212

38 U.S. Code § 4212 - Veterans’ employment emphasis
under Federal contracts
U.S. Code

Notes

(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
https://www.law.cornell.edu/uscode/text/38/4212

1/5

4/19/2021

38 U.S. Code § 4212 - Veterans’ employment emphasis under Federal contracts | U.S. Code | US Law | LII / Legal Information Institute

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.
https://www.law.cornell.edu/uscode/text/38/4212

2/5

4/19/2021

38 U.S. Code § 4212 - Veterans’ employment emphasis under Federal contracts | U.S. Code | US Law | LII / Legal Information Institute

(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.
https://www.law.cornell.edu/uscode/text/38/4212

3/5

4/19/2021

38 U.S. Code § 4212 - Veterans’ employment emphasis under Federal contracts | U.S. Code | US Law | LII / Legal Information Institute

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.)

contractpodai.com

Contract Management 101

OPEN

 U.S. Code Toolbox
Law about... Articles from Wex
Table of Popular Names
Parallel Table of Authorities
How current is this?

24

https://www.law.cornell.edu/uscode/text/38/4212

4/5

4/19/2021

38 U.S. Code § 4212 - Veterans’ employment emphasis under Federal contracts | U.S. Code | US Law | LII / Legal Information Institute
LEGAL

protection 
you need
new low auto
rates you want
quote now

ACCESSIBILITY
ABOUT LII
CONTACT US
ADVERTISE HERE
HELP
TERMS OF USE
PRIVACY

https://www.law.cornell.edu/uscode/text/38/4212

5/5