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38 U.S.C. § 4213 — Eligibility requirements for veterans under Federal employment and training programs
Federal law — U.S. Code and appendices · legal_authorities
**(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 Innovation and Opportunity Act.
(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.
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Stable record: federal_law:legal_authorities:record_usc_98be731b76e878990ed830cb
Source file: Laws/federal/codes/united-states-code/title-38/section-4213-eligibility-requirements-for-veterans-under-federal-employment-and-train--2d80fe09fd.md
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Source location: Title 38, Chapter 42, § 4213; chapter-042-employment-and-training-of-veterans.md
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**(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 Innovation and Opportunity Act.
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Office of Personnel Management shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to—
(1) tenure of employment;
(2) military preference, subject to [section 3501(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501/a/3&num=0&edition=prelim);
(3) length of service; and
(4) efficiency or performance ratings.
In computing length of service, a competing employee—
(A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces;
(B) who is a retired member of a uniformed service is entitled to credit for—
(i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(ii) the total length of time in active service in the armed forces if he is included under section 3501(a)(3)(A), (B), or (C) of this title; and
(C) is entitled to credit for—
(i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and
(ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after January 1, 1966, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).
**(b)** A preference eligible described in [section 2108(3)(C) of this title](https
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3502
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Required.—** The Secretary shall carry out a program under which the Secretary shall provide case management services to improve the retention of housing by veterans who were previously homeless and are transitioning to permanent housing and veterans who are at risk of becoming homeless.
**(b) Services.—** Services provided under the program shall include services to assist veterans described in subsection (a) with navigating resources provided by the Federal Government and State, local, and Tribal governments.
**(c) Staffing.—** In geographic areas where individuals who meet the licensure and certification requirements to provide services under the program are in high demand as determined by the Secretary, such services may be provided through one or more individuals with a master’s degree in social work who are undergoing training to meet such requirements, if such individuals are under the supervision of an individual who meets such requirements.
**(d) Grants.—**
(1) The Secretary shall carry out the program through the award of grants.
(2)
(A) In awarding grants under paragraph (1), the Secretary shall give priority to organizations that demonstrate a capability to provide case management services as described in subsection (a), particularly organizations that are successfully providing or have successfully provided transitional housing services using amounts provided by the Secretary under sections 2012 and 2061 of this title.
(B) In giving priority under subparagraph (A), the Secretary shall give extra priority to an organization described in such subparagraph that—
(i) voluntarily stops receiving amounts provided by the Secretary under sections 2012 and 2061 of this title; and
(ii) converts a facility that the organization used
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2013
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
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
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
### Statutory Notes
Section, Pub. L. 105–220, title I, § 101, Aug. 7, 1998, 112 Stat. 939; Pub. L. 105–244, title I, § 102(d)(1), Oct. 7, 1998, 112 Stat. 1622; Pub. L. 105–332, § 3(f), Oct. 31, 1998, 112 Stat. 3126; Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 107–110, title X, § 1076(w), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 109–270, § 2(h)(1), (2), Aug. 12, 2006, 120 Stat. 747; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (E), (2)(R), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (E), (2)(R), June 18, 2008, 122 Stat. 1664, 1857, 1858, defined terms. See [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3102&num=0&edition=prelim).
Provisions similar to those formerly contained in this section were contained in [section 1503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1503&num=0&edition=prelim) prior to repeal by Pub. L. 105–220.
#### Effective Date of Repeal
Repeal effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under [section 3101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3101&num=0&edition=prelim).
#### Short Title of 2007 Amendment
Pub. L. 110–140, title X, § 1001, Dec. 19, 2007, 121 Stat. 1748, provided that: “This title [amending [section 2916 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2916&num=0&edition=prelim)] may be cited as the ‘Green Jobs Act of 2007’.”
#### Short Title of 2006 Amendment
Pub. L. 109–281, § 1, Sept. 22, 2006, 120 Stat. 1173, provided that: “This Act [enacting [section 2918
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2801
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Federal law — U.S. Code and appendices · legal_authorities
In order to simplify reporting requirements and reduce reporting burdens, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services shall establish procedures and criteria under which a State board and local board may reduce reporting burdens and requirements under this Act (including the amendments made by this Act).
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3101
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Federal law — U.S. Code and appendices · legal_authorities
Page 987
TITLE 38—VETERANS’ BENEFITS
§ 4213
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93–508 effective Dec. 3, 1974,
see section 503 of Pub. L. 93–508, set out as a note under
section 3452 of this title.
EFFECTIVE DATE
Section effective 90 days after Oct. 24, 1972, see sec-
tion 601(b) of Pub. L. 92–540, set out as an Effective Date
of 1972 Amendment note under section 4101 of this title.
PRESCRIPTION OF REGULATIONS
Pub. L. 97–306, title III, § 310(b), Oct. 14, 1982, 96 Stat.
1442, provided that: ‘‘Within 90 days after the date of
the enactment of this Act [Oct. 14, 1982], the Secretary
of Labor shall prescribe regulations under subsection
(d) of section 2012 [now 4212] of title 38, United States
Code, as added by the amendment made by subsection
(a).’’
Executive Documents
EX. ORD. NO. 11701. EMPLOYMENT OF VETERANS BY FED-
ERAL AGENCIES AND GOVERNMENT CONTRACTORS AND
SUBCONTRACTORS
Ex. Ord. No. 11701, Jan. 24, 1973, 38 F.R. 2675, provided:
On June 16, 1971, I issued Executive Order No. 11598 to
facilitate the employment of returning veterans by re-
quiring Federal agencies and Federal contractors and
their subcontractors to list employment openings with
the employment service systems. Section 503 of the
Vietnam Era Veterans’ Readjustment Assistance Act of
1972 (Public Law 92–540; 86 Stat. 1097) added a new sec-
tion 2012 [now 4212] to Title 38 of the United States
Code which, in effect, provides statutory authority to
extend the program developed under that order with re-
spect to Government contractors and their subcontrac-
tors.
NOW, THEREFORE, by virtue of the authority vested
in me by section 301 of Title 3 of the United States Code
and as President of the United States, it is hereby or-
dered as follows:
SECTION 1. The Secre
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 4213
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