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CHAPTER 42, EMPLOYMENT AND TRAINING OF
VETERANS
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.
[Table of contents amended by P.L. 102-83, 5(a)]
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
one-year period beginning on the date of such veteran's discharge or release
from active duty.
(Added Pub. L. 92-540, title V, Sec. 503(a), Oct. 24, 1972, 86 Stat.
1097, Sec. 2011; amended Pub. L. 94-502, title VI, Sec. 607(1), Oct. 15, 1976,
90 Stat. 2405; Pub. L. 96-466, title V, Sec. 508, Oct. 17, 1980, 94 Stat. 2206;
Pub. L. 97-306, title III, Sec.
309, Oct. 14, 1982, 96 Stat. 1441; Pub. L. 98-223, title II, Sec. 206,
Mar. 2, 1984, 98 Stat. 43; Pub. L. 101-237, title IV, Sec.
407(a)(2), Dec. 18, 1989, 103 Stat. 2082; Pub. L. 102-16, Sec. 1, Mar.
22, 1991, 105 Stat. 48; Pub. L. 102-54, Sec. 14(c)(9), June
13, 1991, 105 Stat. 285; renumbered Sec. 4211 and amended Pub. L.
102-83, Sec. 4(a)(1), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403,
406; Pub. L. 102-127, Sec. 5, Oct. 10, 1991, 105 Stat. 622; Pub. L.
102-568, title V, Sec. 502, Oct. 29, 1992, 106 Stat. 4340; Pub. L.
104-106, div. A, title XV, Sec. 1501(e)(2)(D), Feb. 10, 1996, 110 Stat.
501.)
Sec. 4212. Veterans' employment emphasis under Federal
contracts
(a) 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.
(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 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.
(d)(1) Each contractor to whom subsection (a) of this section 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 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
(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) of this subsection is coordinated
with respect to any requirement for the contractor to make any other report to
the Secretary of Labor.
(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, Sec. 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, Sec. 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, Sec. 7(a), 8, Oct. 31, 1998, 112 Stat. 3188, 3189.)
Sec. 4213. Eligibility requirements for veterans under Federal
employment and 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 11, 13, 30, 31, 35,
and 36 of this title by an eligible veteran, any amounts received by an
eligible person under chapters 13 and 35 of such title, and any amounts
received by an eligible person under chapter 106 of title 10, shall be
disregarded in determining eligibility under any public service employment
program, any emergency employment program, any job training program assisted
under the Economic Opportunity Act of 1964, any employment or training program
carried out under the Job Training Partnership Act or title I of the Workforce
Investment Act of 1998, or any other employment or training (or related)
program financed in whole or in part with Federal funds.
(Added Pub. L. 92-540, title V, Sec. 503(a), Oct. 24, 1972, 86 Stat.
1098, Sec. 2013; amended Pub. L. 96-466, title VIII, Sec.
801(k)(1), (2)(A), Oct. 17, 1980, 94 Stat. 2217; Pub. L. 102-54, Sec.
14(c)(10), June 13, 1991, 105 Stat. 285; renumbered Sec. 4213,
Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446,
title VII, Sec. 702(b), Nov. 2, 1994, 108 Stat. 4675; Pub.
L. 105-277, div. A, Sec. 101(f) (title VIII, Sec. 405(d)(29)(C),
(f)(21)(C)), Oct. 21, 1998, 112 Stat. 2681-337, 2681-424, 2681-432.)
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 since veterans, by virtue of their
military service, have lost opportunities to pursue education and training
oriented toward civilian careers. The Federal Government is also continuously
concerned with building an effective work force, and veterans constitute a
major 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
disabled veterans and certain veterans of the Vietnam era and of the
post-Vietnam era who are qualified for such employment and advancement.
(2) For the purposes of this section, the term ''agency'' means a
department, agency, or instrumentality in the executive branch.
(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 readjustment 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 -
(A) a veteran of the Vietnam era; and
(B) veterans who first became a member of the Armed Forces or first
entered on active duty as a member of the Armed Forces after May 7, 1975, and
were discharged or released from active duty under conditions other than
dishonorable.
(3)(A) Except as provided in subparagraph (C) of this paragraph, a
veteran of the Vietnam era may receive an appointment under this section only
during the period ending -
(i) 10 years after the date of the veteran's last discharge or release
from active duty; or
(ii) December 31, 1995, whichever is later.
(B) Except as provided in subparagraph (C) of this paragraph, a veteran
described in paragraph (2)(B) of this subsection may receive such an
appointment only within the 10-year period following the later of -
(i) the date of the veteran's last discharge or release from active
duty; or
(ii) December 31, 1989.
(C) The limitations of subparagraphs (A) and (B) of this paragraph shall
not apply to a veteran who has a service-connected disability rated at 30
percent or more.
(D) For purposes of clause (i) of subparagraphs (A) and (B) of this
paragraph, the last discharge or release from active duty shall not include any
discharge or release from active duty of less than ninety days of continuous
service unless the individual involved is discharged or released for a
service-connected disability, for a medical condition which preexisted such
service and which the Secretary determines is not service connected, for
hardship, or as a result of a reduction in force described in section
3011(a)(1)(A)(ii)(III) of this title or of an involuntary separation described
in section 3018A(a)(1).
(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 of the Vietnam era 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 special disabled veterans and
qualified veterans of the Vietnam era 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 to veterans of the
Vietnam era.
(Added Pub. L. 93-508, title IV, Sec. 403(a), Dec. 3, 1974, 88 Stat.
1593, Sec. 2014; amended Pub. L. 95-202, title III, Sec. 308,
Nov. 23, 1977, 91 Stat. 1445; Pub. L. 95-520, Sec. 6(b), Oct. 26, 1978,
92 Stat. 1821; Pub. L. 96-466, title V, Sec. 510, title VIII,
Sec. 801(l), Oct. 17, 1980, 94 Stat. 2207, 2217; Pub. L. 97-72, title
II, Sec. 202(a), Nov. 3, 1981, 95 Stat. 1054; Pub. L. 97-295,
Sec. 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 98-543, title II,
Sec. 211, Oct. 24, 1984, 98 Stat. 2743; Pub. L. 99-576, title
III, Sec. 332, Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101-237, title IV,
Sec. 407(a)(1), (b), Dec. 18, 1989, 103 Stat. 2082; Pub.
L. 102-16, Sec. 9(a), (b), Mar. 22, 1991, 105 Stat. 54; renumbered Sec.
4214 and amended Pub. L. 102-83, Sec. 2(c)(5), 4(a)(1), (3),
(4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 402-406; Pub.
L. 102-127, Sec. 4, Oct. 10, 1991, 105 Stat. 622; Pub. L.
102-568, title V, Sec. 505, Oct. 29, 1992, 106 Stat. 4340.)
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