The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) requires covered federal government contractors and subcontractors to take affirmative action to employ and advance in employment specified categories of veterans protected by the Act and prohibits discrimination against such veterans. In addition, VEVRAA requires contractors and subcontractors to list their employment openings with the appropriate employment service delivery system, and that covered veterans receive priority in referral to such openings.
38 USC CHAPTER 42 - EMPLOYMENT AND TRAINING OF VETERANS
TITLE 38 - VETERANS' BENEFITS
PART III - READJUSTMENT AND RELATED BENEFITS
Sec.
4211. Definitions.
4212. Veterans' employment emphasis under Federal contracts.
4213. Eligibility requirements for veterans under Federal
employment and training programs.
4214. Employment within the Federal Government.
4215. Priority of service for veterans in Department of
Labor job training programs.
Sec. 4211. Definitions
As used in this chapter -
(1) The term ""special disabled veteran"" means -
(A) a veteran who is entitled to compensation (or who but for
the receipt of military retired pay would be entitled to
compensation) under laws administered by the Secretary for a
disability (i) rated at 30 percent or more, or (ii) rated at 10
or 20 percent in the case of a veteran who has been determined
under section 3106 of this title to have a serious employment
handicap; or
(B) a person who was discharged or released from active duty
because of service-connected disability.
(2) The term ""veteran of the Vietnam era"" means an eligible
veteran any part of whose active military, naval, or air service
was during the Vietnam era.
(3) The term ""disabled veteran"" means (A) a veteran who is
entitled to compensation (or who but for the receipt of military
retired pay would be entitled to compensation) under laws
administered by the Secretary, or (B) a person who was discharged
or released from active duty because of a service-connected
disability.
(4) The term ""eligible veteran"" means a person who -
(A) served on active duty for a period of more than 180 days
and was discharged or released therefrom with other than a
dishonorable discharge;
(B) was discharged or released from active duty because of a
service-connected disability; or
(C) as a member of a reserve component under an order to active
duty pursuant to section 12301(a), (d), or (g), 12302, or 12304
of title 10, served on active duty during a period of war or in a
campaign or expedition for which a campaign badge is authorized
and was discharged or released from such duty with other than a
dishonorable discharge.
(5) The term ""department or agency"" means any agency of the
Federal Government or the District of Columbia, including any
Executive agency as defined in section 105 of title 5 and the
United States Postal Service and the Postal Rate Commission, and
the term ""department, agency, or instrumentality in the executive
branch"" includes the United States Postal Service and the Postal
Rate Commission.
(6) The term ""recently separated veteran"" means any veteran
during the three-year period beginning on the date of such
veteran's discharge or release from active duty.
Sec. 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.
Sec. 4213. Eligibility requirements for veterans under Federal
employment and training programs
(a) Amounts and periods of time specified in subsection (b) shall
be disregarded in determining eligibility under any of the
following:
(1) Any public service employment program.
(2) Any emergency employment program.
(3) Any job training program assisted under the Economic
Opportunity Act of 1964.
(4) Any employment or training program carried out under title
I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.).
(5) Any other employment or training (or related) program
financed in whole or in part with Federal funds.
(b) Subsection (a) applies with respect to the following amounts
and periods of time:
(1) Any amount received as pay or allowances by any person
while serving on active duty.
(2) Any period of time during which such person served on
active duty.
(3) Any amount received under chapters 11, 13, 30, 31, 32, and
36 of this title by an eligible veteran.
(4) Any amount received by an eligible person under chapters 13
and 35 of this title.
(5) Any amount received by an eligible member under chapter 106
of title 10.
Sec. 4214. Employment within the Federal Government
(a)(1) The United States has an obligation to assist veterans of
the Armed Forces in readjusting to civilian life. The Federal
Government is also continuously concerned with building an
effective work force, and veterans constitute a uniquely qualified
recruiting source. It is, therefore, the policy of the United
States and the purpose of this section to promote the maximum of
employment and job advancement opportunities within the Federal
Government for qualified covered veterans (as defined in paragraph
(2)(B)) who are qualified for such employment and advancement.
(2) In this section:
(A) The term ""agency"" has the meaning given the term
""department or agency"" in section 4211(5) of this title.
(B) The term ""qualified covered veteran"" means a veteran
described in section 4212(a)(3) of this title.
(b)(1) To further the policy stated in subsection (a) of this
section, veterans referred to in paragraph (2) of this subsection
shall be eligible, in accordance with regulations which the Office
of Personnel Management shall prescribe, for veterans recruitment
appointments, and for subsequent career-conditional appointments,
under the terms and conditions specified in Executive Order
Numbered 11521 (March 26, 1970), except that -
(A) such an appointment may be made up to and including the
level GS-11 or its equivalent;
(B) a veteran shall be eligible for such an appointment without
regard to the number of years of education completed by such
veteran;
(C) a veteran who is entitled to disability compensation under
the laws administered by the Department of Veterans Affairs or
whose discharge or release from active duty was for a disability
incurred or aggravated in line of duty shall be given a
preference for such an appointment over other veterans;
(D) a veteran receiving such an appointment shall -
(i) in the case of a veteran with less than 15 years of
education, receive training or education; and
(ii) upon successful completion of the prescribed
probationary period, acquire a competitive status; and
(E) a veteran given an appointment under the authority of this
subsection whose employment under the appointment is terminated
within one year after the date of such appointment shall have the
same right to appeal that termination to the Merit Systems
Protection Board as a career or career-conditional employee has
during the first year of employment.
(2) This subsection applies to qualified covered veterans.
(3) A qualified covered veteran may receive such an appointment
at any time.
(c) Each agency shall include in its affirmative action plan for
the hiring, placement, and advancement of handicapped individuals
in such agency as required by section 501(b) of the Rehabilitation
Act of 1973 (29 U.S.C. 791(b)), a separate specification of plans
(in accordance with regulations which the Office of Personnel
Management shall prescribe in consultation with the Secretary, the
Secretary of Labor, and the Secretary of Health and Human Services,
consistent with the purposes, provisions, and priorities of such
Act) to promote and carry out such affirmative action with respect
to disabled veterans in order to achieve the purpose of this
section.
(d) The Office of Personnel Management shall be responsible for
the review and evaluation of the implementation of this section and
the activities of each agency to carry out the purpose and
provisions of this section. The Office shall periodically obtain
(on at least an annual basis) information on the implementation of
this section by each agency and on the activities of each agency to
carry out the purpose and provisions of this section. The
information obtained shall include specification of the use and
extent of appointments made by each agency under subsection (b) of
this section and the results of the plans required under subsection
(c) of this section.
(e)(1) The Office of Personnel Management shall submit to the
Congress annually a report on activities carried out under this
section. Each such report shall include the following information
with respect to each agency:
(A) The number of appointments made under subsection (b) of
this section since the last such report and the grade levels in
which such appointments were made.
(B) The number of individuals receiving appointments under such
subsection whose appointments were converted to career or
career-conditional appointments, or whose employment under such
an appointment has terminated, since the last such report,
together with a complete listing of categories of causes of
appointment terminations and the number of such individuals whose
employment has terminated falling into each such category.
(C) The number of such terminations since the last such report
that were initiated by the agency involved and the number of such
terminations since the last such report that were initiated by
the individual involved.
(D) A description of the education and training programs in
which individuals appointed under such subsection are
participating at the time of such report.
(2) Information shown for an agency under clauses (A) through (D)
of paragraph (1) of this subsection -
(A) shall be shown for all veterans; and
(B) shall be shown separately (i) for veterans who are entitled
to disability compensation under the laws administered by the
Secretary or whose discharge or release from active duty was for
a disability incurred or aggravated in line of duty, and (ii) for
other veterans.
(f) Notwithstanding section 4211 of this title, the terms
""veteran"" and ""disabled veteran"" as used in subsection (a) of this
section shall have the meaning provided for under generally
applicable civil service law and regulations.
(g) To further the policy stated in subsection (a) of this
section, the Secretary may give preference to qualified covered
veterans for employment in the Department as veterans' benefits
counselors and veterans' claims examiners and in positions to
provide the outreach services required under section 7722 of this
title, to serve as veterans' representatives at certain educational
institutions as provided in section 7724 of this title, or to
provide readjustment counseling under section 1712A of this title.
Sec. 4215. Priority of service for veterans in Department of Labor
job training programs
(a) Definitions. - In this section:
(1) The term ""covered person"" means any of the following
individuals:
(A) A veteran.
(B) The spouse of any of the following individuals:
(i) Any veteran who died of a service-connected disability.
(ii) Any member of the Armed Forces serving on active duty
who, at the time of application for assistance under this
section, is listed, pursuant to section 556 of title 37 and
regulations issued thereunder, by the Secretary concerned in
one or more of the following categories and has been so
listed for a total of more than 90 days: (I) missing in
action, (II) captured in line of duty by a hostile force, or
(III) forcibly detained or interned in line of duty by a
foreign government or power.
(iii) Any veteran who has a total disability resulting from
a service-connected disability.
(iv) Any veteran who died while a disability so evaluated
was in existence.
(2) The term ""qualified job training program"" means any
workforce preparation, development, or delivery program or
service that is directly funded, in whole or in part, by the
Department of Labor and includes the following:
(A) Any such program or service that uses technology to
assist individuals to access workforce development programs
(such as job and training opportunities, labor market
information, career assessment tools, and related support
services).
(B) Any such program or service under the public employment
service system, one-stop career centers, the Workforce
Investment Act of 1998, a demonstration or other temporary
program, and those programs implemented by States or local
service providers based on Federal block grants administered by
the Department of Labor.
(C) Any such program or service that is a workforce
development program targeted to specific groups.
(3) The term ""priority of service"" means, with respect to any
qualified job training program, that a covered person shall be
given priority over nonveterans for the receipt of employment,
training, and placement services provided under that program,
notwithstanding any other provision of law.
(b) Entitlement to Priority of Service. - (1) A covered person is
entitled to priority of service under any qualified job training
program if the person otherwise meets the eligibility requirements
for participation in such program.
(2) The Secretary of Labor may establish priorities among covered
persons for purposes of this section to take into account the needs
of disabled veterans and special disabled veterans, and such other
factors as the Secretary determines appropriate.
(c) Administration of Programs at State and Local Levels. - An
entity of a State or a political subdivision of the State that
administers or delivers services under a qualified job training
program shall -
(1) provide information and priority of service to covered
persons regarding benefits and services that may be obtained
through other entities or service providers; and
(2) ensure that each covered person who applies to or who is
assisted by such a program is informed of the employment-related
rights and benefits to which the person is entitled under this
section.
(d) Addition to Annual Report. - In the annual report required
under section 4107(c) of this title for the program year beginning
in 2003 and each subsequent program year, the Secretary of Labor
shall evaluate whether covered persons are receiving priority of
service and are being fully served by qualified job training
programs, and whether the representation of veterans in such
programs is in proportion to the incidence of representation of
veterans in the labor market, including within groups that the
Secretary may designate for priority under such programs, if any.
