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38 U.S.C. § 4211 — Definitions

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

38 U.S.C. § 4211 — Definitions

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Stable record: federal_law:legal_authorities:record_usc_f15ca0cb0ade01c447ef44c5
Source file: Laws/federal/codes/united-states-code/title-38/section-4211-definitions--8ef712e006.md
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Source location: Title 38, Chapter 42, § 4211; chapter-042-employment-and-training-of-veterans.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3106&num=0&edition=prelim) 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; (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; or (D) was discharged or released from active duty by reason of a sole survivorship discharge (as that term is defined in [section 1174(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/i&num=0&edition=prelim)). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim) and the United States Postal Service and the Postal Regulatory Commission, and the term “department, agency, or instrumentality in the executive branch” includes the United States Postal Service and the Postal Regulatory Commission. (6) The term “recently separated veteran” means any veteran during the three-year period beginning on the date of such veteran’s discharge or release from active duty.

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

38 U.S.C. § 1506 — Resource reports and overpayment adjustments

As a condition of granting or continuing pension under section 1521, 1541, or 1542 of this title, the Secretary— (1) may require from any person who is an applicant for or a recipient of pension such information, proofs, and evidence as the Secretary determines to be necessary in order to determine the annual income and the value of the corpus of the estate of such person, and of any spouse or child for whom the person is receiving or is to receive increased pension (such a child is hereinafter in this subsection referred to as a “dependent child”), and, in the case of a child applying for or in receipt of pension under [section 1542 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1542&num=0&edition=prelim) (hereinafter in this subsection referred to as a “surviving child”), of any person with whom such child is residing who is legally responsible for such child’s support; (2) may require that any such applicant or recipient file for a calendar year with the Department (on such form as may be prescribed for such purpose by the Secretary) a report showing— (A) the annual income which such applicant or recipient (and any such spouse or dependent child) received during the preceding year, the corpus of the estate of such applicant or recipient (and of any such spouse or dependent child) at the end of such year, and in the case of a surviving child, the income and corpus of the estate of any person with whom such child is residing who is legally responsible for such child’s support; (B) such applicant’s or recipient’s estimate for the then current year of the annual income such applicant or recipient (and any such spouse or dependent child) expects to receive and of any expected increase in the value of the corpus of the es

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1506

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

38 U.S.C. § 3106 — Initial and extended evaluations; determinations regarding serious employment handicap

**(a)** The Secretary shall provide any veteran who has a service-connected disability rated at 10 percent or more and who applies for benefits under this chapter with an initial evaluation consisting of such services described in [section 3104(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3104/a/1&num=0&edition=prelim) as are necessary (1) to determine whether such veteran is entitled to and eligible for benefits under this chapter, and (2) in the case of a veteran who is determined to be entitled to and eligible for such benefits, to determine— (A) whether such veteran has a serious employment handicap, and (B) whether the achievement of a vocational goal currently is reasonably feasible for such veteran if it is reasonably feasible to make such determination without extended evaluation. **(b)** In any case in which the Secretary has determined that a veteran has a serious employment handicap and that the achievement of a vocational goal currently is reasonably feasible for such veteran, such veteran shall be provided an individualized written plan of vocational rehabilitation developed under [section 3107(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3107/a&num=0&edition=prelim). **(c)** In any case in which the Secretary has determined that a veteran has a serious employment handicap but the Secretary is unable to determine, in an initial evaluation pursuant to subsection (a) of this section, whether or not the achievement of a vocational goal currently is reasonably feasible, such veteran shall be provided with an extended evaluation consisting of the services described in [section 3104(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pre

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3106

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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. § 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. 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4214

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

5 U.S.C. § 2108 — Veteran; disabled veteran; preference eligible

For the purpose of this title— (1) “veteran” means an individual who— (A) 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; (B) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) 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 [section 12103(d) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12103/d&num=0&edition=prelim) 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; (C) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) in the armed forces during the period beginning on August 2, 1990, and ending on January 2, 1992; or (D) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) 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 section 2108a, who has been discharged or rel

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2108

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

38 U.S.C. § 2011 — Grants

**(a) Authority To Make Grants.—** Subject to the availability of appropriations provided for such purpose, the Secretary shall make grants to assist eligible entities in establishing programs to furnish, and expanding or modifying existing programs for furnishing, the following to homeless veterans: (1) Outreach. (2) Rehabilitative services. (3) Vocational counseling and training. (4) Transitional housing assistance. **(b) Criteria for Grants.—** The Secretary shall establish criteria and requirements for grants under this section, including criteria for entities eligible to receive grants, and shall publish such criteria and requirements in the Federal Register. The criteria established under this subsection shall include the following: (1) Specification as to the kinds of projects for which grants are available, which shall include— (A) new construction of facilities, expansion, remodeling, or alteration of existing facilities, or acquisition of facilities, for use as service centers, transitional housing, or other facilities to serve homeless veterans; and (B) procurement of vans for use in outreach to and transportation for homeless veterans for purposes of a program referred to in subsection (a). (2) Specification as to the number of projects for which grants are available. (3) Criteria for staffing for the provision of services under a project for which grants are made. (4) Provisions to ensure that grants under this section— (A) shall not result in duplication of ongoing services; and (B) to the maximum extent practicable, shall reflect appropriate geographic dispersion and an appropriate balance between urban and other locations. (5) Provisions to ensure that an entity receiving a grant shall meet fire and safety requirements established b

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2011

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

38 U.S.C. § 4212 — Veterans’ employment emphasis under Federal contracts

**(a)** (1) Any contract in the amount of $100,000 or more entered into by any department or agency of the United States for the procurement of personal property and nonpersonal services (including construction) for the United States, shall contain a provision requiring that the party contracting with the United States take affirmative action to employ and advance in employment qualified covered veterans. This section applies to any subcontract in the amount of $100,000 or more entered into by a prime contractor in carrying out any such contract. (2) In addition to requiring affirmative action to employ such qualified covered veterans under such contracts and subcontracts and in order to promote the implementation of such requirement, the Secretary of Labor shall prescribe regulations requiring that— (A) each such contractor for each such contract shall immediately list all of its employment openings with the appropriate employment service delivery system (as defined in [section 4101(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4101/7&num=0&edition=prelim)), and may also list such openings with one-stop career centers under the Workforce Investment Act of 1998,11 See References in Text note below. other appropriate service delivery points, or America’s Job Bank (or any additional or subsequent national electronic job bank established by the Department of Labor), except that the contractor may exclude openings for executive and senior management positions and positions which are to be filled from within the contractor’s organization and positions lasting three days or less; (B) each such employment service delivery system shall give such qualified covered veterans priority in referral to such employment openings; a

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4212

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

38 U.S.C. § 3693 — Compliance surveys

**(a)** (1) Except as provided in subsection (b), the Secretary shall conduct an annual compliance survey of educational institutions and training establishments offering one or more courses approved for the enrollment of eligible veterans or persons if at least 20 such veterans or persons are enrolled in any such course. The Secretary shall— (A) design the compliance surveys to ensure that such institutions or establishments, as the case may be, and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title; (B) survey each such educational institution and training establishment not less than once during every 2-year period; and (C) assign not fewer than 1 education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year. (2) The Secretary, in consultation with the State approving agencies, shall— (A) annually determine the parameters of the surveys required under paragraph (1); and (B) not later than September 1 of each year, make available to the State approving agencies a list of the educational institutions and training establishments that will be surveyed during the fiscal year following the date of making such list available. **(b)** The Secretary may waive the requirement in subsection (a)(1) for a compliance survey with respect to an educational institution or training establishment if the Secretary determines, based on the record of compliance of such institution or establishment with all the applicable provisions of chapters 30 through 36 of this title, that the waiver would be appropriate and in the best interest of the United States Government. **(c)** To the maximum extent feasible, the Secretary, or

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3693

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