Jobs for Veterans Act (JVA) Amendments to VEVRAA

Based on your responses, your business or organization is subject to the basic and/or affirmative action requirements of VEVRAA and its implementing regulations. Effective December 1, 2003, the Jobs for Veterans Act (JVA) amended the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA). JVA amended the Federal contracting provisions regarding coverage, protected groups and mandatory job listing requirements of VEVRAA for all Federal contracts entered into on or after December 1, 2003. Contracts entered into before December 1, 2003 are subject to the VEVRAA requirements as they stood before enactment of JVA. The table below and accompanying frequently asked questions describe the changes to VEVRAA made by the JVA.

Contracts entered into before December 1, 2003	Contracts entered into on or after December 1, 2003
Coverage Government contractors with a contract of $25,000.00 or more for the purchase, sale or use of personal property or nonpersonal services	Coverage Government contractors with a contract of $100,000.00 or more for the purchase, sale or use of personal property or nonpersonal services
Protected Groups Special disabled veterans Other protected veterans Vietnam era veterans Recently separated veterans (1 year)	Protected Groups Disabled veterans Other protected veterans Recently separated veterans (3 years) Armed Forces Service Medal veterans
Mandatory Job Listing Contractors must list most job openings with: Appropriate local employment service office or America's Job Bank	Mandatory Job Listing Contractors must list most job openings with: Appropriate employment service delivery system

Questions and Answers

1. When did the Jobs for Veterans Act go into effect?
   
   All changes went into effect for contracts entered on or after December 1, 2003, except for changes to the mandatory job listing requirement. The mandatory job listing changes will not go into effect for contracts entered on or after December 1, 2003, until the Secretary of Labor promulgates an implementing regulation.
   
   
2. What are the VEVRAA requirements of a contractor with only contracts entered before December 1, 2003?
   
   Contractors with only contracts entered before December 1, 2003, are subject to the VEVRAA requirements as they stood before enactment of JVA.
   
   
3. What are the VEVRAA requirements of a contractor with only contracts entered on or after December 1, 2003?
   
   Contractors with only contracts entered on or after December 1, 2003, are subject to the VEVRAA requirements as amended by JVA (except that the mandatory job listing requirement will not become effective until OFCCP promulgates revised VEVRAA regulations. See Q&A 6.)
   
   
4. What are the VEVRAA requirements of a contractor with contracts entered into both before and after December 1, 2003?
   
   Contractors who have contracts that were entered into both before and after December 1, 2003, are covered by both sets of requirements.
   
   
5. How has JVA changed the definitions of the protected groups?
   
   Prior to JVA, VEVRAA protected four categories of veterans. For contracts entered into on or after December 1, 2003, JVA expanded two categories of protected veterans, added a new category, eliminated another and made no changes in the fourth category.
   
   Prior to JVA, VEVRAA protected "recently separated veterans" who were veterans during the one-year period beginning on the date of their discharge or release from active duty. JVA expanded the category of "recently separated veterans" to include veterans during the three-year period beginning on the date of their discharge or release from active duty.
   
   Prior to JVA, VEVRAA protected "special disabled veterans" who were any veterans: (i) entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs for a disability: (a) rated at 30 percent or more; or (b) rated at 10 or 20 percent in the case of veterans who have been determined under 38 U.S.C. 3106 to have a serious employment handicap; or (ii) persons who were discharged or released from active duty because of a service-connected disability. JVA expanded VEVRAA protections to all "disabled veterans." "Disabled veterans" are veterans who: (1) are entitled to disability compensation (or who but for the receipt of military retired pay would be entitled to disability compensation) under laws administered by the Secretary of Veterans Affairs, or (2) were discharged or released from active duty because of a service-connected disability.
   
   JVA added a new category of protected veterans, Armed Forces service medal veterans. Armed Forces service medal veterans are veterans who, while serving on active duty in the U.S. Military, ground, naval, or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985 (61 Fed. Reg. 1209).
   
   JVA eliminated Vietnam era veterans as a protected category under VEVRAA. However, most Vietnam era veterans will continue to be protected under other categories (e.g., campaign veterans).
   
   The definition of campaign veterans was unchanged by JVA. A campaign veteran is a veteran who served on active duty in the U.S. military, ground, naval, or air service during a war or in a campaign or expedition for which a campaign badge has been authorized.
   
   
6. How will the mandatory job listing requirement change?
   
   Currently all covered contractors may list their job openings with either America's Job Bank or with an appropriate local employment service office. After OFCCP promulgates a new VEVRAA regulation implementing JVA, covered contractors with contracts entered on or after December 1, 2003, will be required to post their jobs at an appropriate employment service delivery system.
   
   The Department of Labor is working on a new option to allow contractors to meet both the current and the revised mandatory job listing requirement. A new web portal, the Veterans' Job Clearinghouse at http://www.jobsforveterans.org, will automatically post listed employment openings with the appropriate employment service delivery system while also giving contractors the option of continuing to list job openings on America's Job Bank.
   
   
7. Have there been other amendments to VEVRAA since OFCCP last amended its Part 60-250 regulations in 1998?
   
   Yes. VEVRAA has been amended three times since 1998. The Veterans Employment Opportunities Act of 1998 (VEOA) changed the threshold for VEVRAA coverage from $10,000.00 to $25,000.00 and added the protected group of campaign badge veterans. The Veterans Benefits and Health Care Improvement Act of 2000 (VBHCIA) added the group of recently separated veterans as a protected group under VEVRAA. JVA then made the changes discussed above. The changes made by VEOA and VBHCIA are effective by operation of the statute even though the VEVRAA implementing regulations have not been amended. The changes made by VEOA and VBHCIA, as well as JVA, will be reflected in the new implementing regulations.
   
   
8. How did JVA affect the Affirmative Action Program threshold?
   
   The affirmative action program (AAP) threshold in the current regulations is $50,000.00. The $50,000.00 threshold will continue to apply to contractors with contracts entered into before December 1, 2003. JVA raised the threshold for coverage to $100,000.00 for contracts entered on or after December 1, 2003. Consequently, a contractor whose only contract was entered on or after December 1, 2003, will not need to do an AAP if the contract is under $100,000.00, because the contractor will not be subject to VEVRRA.