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38 U.S.C. § 4214 — Employment within the Federal Government

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4214 — Employment within the Federal Government

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Stable record: federal_law:legal_authorities:record_usc_5a0a4f24b1fb741a3c891c25
Source file: Laws/federal/codes/united-states-code/title-38/section-4214-employment-within-the-federal-government--e4d9bb96e0.md
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Source location: Title 38, Chapter 42, § 4214; chapter-042-employment-and-training-of-veterans.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/5&num=0&edition=prelim). (B) The term “qualified covered veteran” means a veteran described in [section 4212(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212/a/3&num=0&edition=prelim). **(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section791/b&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211&num=0&edition=prelim), 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 6303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section6303&num=0&edition=prelim), to serve as veterans’ representatives at certain educational institutions as provided in [section 6305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section6305&num=0&edition=prelim), or to provide readjustment counseling under [section 1712A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1712a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3302 — Competitive service; rules

The President may prescribe rules governing the competitive service. The rules shall provide, as nearly as conditions of good administration warrant, for— (1) necessary exceptions of positions from the competitive service; and (2) necessary exceptions from the provisions of sections 2951, 3304(b), 3321, 7202, and 7203 of this title. Each officer and individual employed in an agency to which the rules apply shall aid in carrying out the rules.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1113 — Congressional information

**(a)** (1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. **(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. **(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1113

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3301 — Civil service; generally

**(a) In General.—** The President may— (1) prescribe such regulations for the admission of individuals into the civil service in the executive branch as will best promote the efficiency of that service; (2) ascertain the fitness of applicants as to age, health, character, knowledge, and ability for the employment sought; and (3) appoint and prescribe the duties of individuals to make inquiries for the purpose of this section. **(b) DOD Procedures.—** The President may authorize the Department of Defense to determine the qualification, examination, and assessment procedures for positions in the competitive service based primarily on job-related competencies and skills, including the use of structured interviews, technical evaluations, or skills-based assessments, and alternative assessments.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 6303 — Outreach services

**(a) Requirement To Provide Services.—** In carrying out the purposes of this subchapter, the Secretary shall provide the outreach services specified in subsections (b) through (d). In areas where a significant number of eligible veterans and eligible dependents speak a language other than English as their principal language, such services shall, to the maximum feasible extent, be provided in the principal language of such persons. **(b) Individual Notice to New Veterans.—** The Secretary shall by letter advise each veteran at the time of the veteran’s discharge or release from active military, naval, air, or space service (or as soon as possible after such discharge or release) of all benefits and services under laws administered by the Department for which the veteran may be eligible. In carrying out this subsection, the Secretary shall ensure, through the use of veteran-student services under [section 3485 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3485&num=0&edition=prelim), that contact, in person or by telephone, is made with those veterans who, on the basis of their military service records, do not have a high school education or equivalent at the time of discharge or release. **(c) Distribution of Information.—** (1) The Secretary— (A) shall distribute full information to eligible veterans and eligible dependents regarding all benefits and services to which they may be entitled under laws administered by the Secretary; and (B) may, to the extent feasible, distribute information on other governmental programs (including manpower and training programs) which the Secretary determines would be beneficial to veterans. (2) Whenever a veteran or dependent first applies for any benefit under laws administered by

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 6303

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2014 — Training and technical assistance for recipients of certain financial assistance

**(a) In General.—** The Secretary shall provide training and technical assistance to recipients of grants under sections 2011 and 2013 of this title and recipients of per diem payments under sections 2012 and 2061 of this title regarding the planning, development, and provision of services for which the grant or payment is made. **(b) Provision of Training and Technical Assistance.—** The Secretary may provide training and technical assistance under subsection (a) directly or through grants or contracts with such public or nonprofit private entities as the Secretary considers appropriate.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2014

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3452 — Definitions

For the purposes of this chapter and chapter 36 of this title— **(a)** (1) The term “eligible veteran” means any veteran who— (A) served on active duty for a period of more than 180 days, any part of which occurred after January 31, 1955, and before January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable; (B) contracted with the Armed Forces and was enlisted in or assigned to a reserve component prior to January 1, 1977, and as a result of such enlistment or assignment served on active duty for a period of more than 180 days, any part of which commenced within 12 months after January 1, 1977, and was discharged or released from such active duty under conditions other than dishonorable; or (C) was discharged or released from active duty, any part of which was performed after January 31, 1955, and before January 1, 1977, or following entrance into active service from an enlistment provided for under subparagraph (B), because of a service-connected disability. (2) The requirement of discharge or release, prescribed in subparagraph (A) or (B) of paragraph (1), shall be waived in the case of any individual who served more than 180 days in an active-duty status for so long as such individual continues on active duty without a break therein. (3) For purposes of paragraph (1)(A) and section 3461(a), the term “active duty” does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of [section 12103(d) of title 10](https://uscode.house.gov/view.xhtml?re

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3452

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 101 — Definitions

For the purposes of this title— (1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. (2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4) (A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3112 — Disabled veterans; noncompetitive appointment

Under such regulations as the Office of Personnel Management shall prescribe, an agency may make a noncompetitive appointment leading to conversion to career or career-conditional employment of a disabled veteran who has a compensable service-connected disability of 30 percent or more.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4101 — Definitions

For the purposes of this chapter— (1) The term “special disabled veteran” has the same meaning provided in [section 4211(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/1&num=0&edition=prelim). (2) The term “veteran of the Vietnam era” has the same meaning provided in [section 4211(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/2&num=0&edition=prelim). (3) The term “disabled veteran” has the same meaning provided in [section 4211(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/3&num=0&edition=prelim). (4) The term “eligible veteran” has the same meaning provided in [section 4211(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/4&num=0&edition=prelim). (5) The term “eligible person” means— (A) the spouse of any person who died of a service-connected disability, (B) the spouse of any member of the Armed Forces serving on active duty who, at the time of application for assistance under this chapter, is listed, pursuant to [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section556&num=0&edition=prelim) 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 ninety 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, or (C) the spouse of any person who has a total disability permanent in nature resulting from a service-connected disability or the spouse of a veteran who died while a disability so evaluated

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4101

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 105 — Executive agency

For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.

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