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Home / MAP-21 / Questions & Answers / Veterans Employment Provisions, Section 1506

Questions and Answers Regarding the Veterans Employment Provisions of MAP-21, Section 1506

Posted 1/9/2014

Question 1: Does Section 1506 of MAP–21 enable recipients (State Transportation Agencies (STAs) or local public agencies) to encourage contractors to use best faith efforts in the employment of veterans?

Answer 1: YES. Section 1506 requires recipients to encourage contractors and subcontractors working on Federal-aid highway projects to use best faith efforts in hiring veterans as laborers.

Question 2: How does Section 1506 of MAP–21 impact the free and open competition provision of 23 U.S.C. 112?

Answer 2: The free and open competition requirements of the 23 U.S.C. 112 are not altered by Section 1506.

Question 3: May recipients require the hiring of veterans as a condition of bid responsiveness or otherwise penalize a contractor for failing to hire veterans?

Answer 3: NO. Section 1506 does not permit recipients to require preferential treatment for the employment of veterans. Rather, Section 1506 requires recipients to encourage contractors and subcontractors to make a best faith effort in the hiring or referral of veterans as laborers.

Question 4: How can recipients of Federal financial assistance encourage contractors and subcontractors working on Federal-aid highway construction contracts to hire veterans as laborers provided the veteran has the skills and qualifications necessary to perform the work?

Answer 4: Recipients may encourage contractors and subcontractors in a variety of ways which may include, but are not limited to, the following:

  • Contract provisions encouraging contractors and subcontractors to hire veterans;
  • Incentive provisions for hiring veterans; and
  • Making resources available for contractors and subcontractors to use in the employment of veterans.

Question 5: What are some of the resources that recipients of Federal financial assistance can use to encourage and support highway construction contractors and subcontractors working on Federal-aid construction contracts to employ veterans as laborers?

Answer 5: The following are examples of resources that recipients of Federal financial assistance can use to assist and support contractors and subcontractors working on Federal-aid construction contracts in employing veterans as laborers:

Question 6: What requirements must a veteran satisfy to be covered by the veteran’s employment provision of MAP–21?

Answer 6: Veterans covered by Section 1506 of MAP–21 must satisfy the criteria at 5 U.S.C. 2108, which defines “veteran” as an individual who:

  • Served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955;
  • Served on active duty as defined by 38 U.S.C. 101(21) at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred after January 31, 1955, and before October 15, 1976, not including service under 10 U.S.C. 12103(d) pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve;
  • Served on active duty as defined by 38 U.S.C. 101(21) in the armed forces during the period beginning on August 2, 1990, and ending on January 2, 1992; or
  • Served on active duty as defined by 38 U.S.C. 101(21) at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred during the period beginning on September 11, 2001, and ending on the date prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom; and
  • Except as provided under 5 U.S.C. 2108a, who has been discharged or released from active duty in the armed forces under honorable conditions.

Question 7: Should recipients encourage contractors and subcontractors to give equal consideration to hiring qualified veterans and members of any racial or ethnic minority, female, or former employee?

Answer 7: The veterans employment provision in MAP–21 does not establish “veteran” as an eligible minority and/or discriminated class of worker that is covered by the Equal Employment Opportunity (EEO) requirements. If a contractor uses best faith efforts in hiring veterans, these efforts must not result in a preference over any equally qualified applicant who is a member of any racial or ethnic minority, a female, or any equally qualified former employee.

Question 8: Is the veterans employment provision in MAP–21 restricted from being implemented on projects and contracts that are located on Indian reservation roads?

Answer 8: YES. Section 1506 specifically states that section 114(d) shall not apply to projects subject to 23 U.S.C. 140(d).

Question 9: Does Section 1506 apply only to federally–assisted construction contracts?

Answer 9: YES. Section 1506 only applies to recipients of Federal assistance.

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Page posted on January 10, 2014.
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000