38 U.S.C. § 4215 — Priority of service for veterans in Depart-

Page 992 TITLE 38—VETERANS’ BENEFITS § 4215 section 1113 of Title 31, Money and Finance, and page 188 of House Document No. 103–7. WARRIOR TRAINING ADVANCEMENT COURSE Pub. L. 118–210, title II, § 223(a), (b), Jan. 2, 2025, 138 Stat. 2780, 2781, provided that: ‘‘(a) REPORTS REQUIRED.— ‘‘(1) INITIAL REPORT.—Not later than six months after the date of the enactment of this Act [Jan. 2, 2025], the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on WARTAC. ‘‘(2) ANNUAL REPORT.—One year after the submis- sion of the report required under paragraph (1) and annually thereafter, the Secretary shall submit to such Committees a report that contains the elements under paragraphs (1) and (3) of subsection (b) [prob- ably should be ‘‘subparagraphs (A) and (C) of para- graph (3)’’] with regards to the preceding year. ‘‘(3) ELEMENTS.—Except as provided in subsection (a)(2), the reports under this subsection shall include the following elements: ‘‘(A) BEST PRACTICES.—With regards to best prac- tices of WARTAC— ‘‘(i) how many covered members have applied to participate in WARTAC; ‘‘(ii) how many covered members have partici- pated in WARTAC; ‘‘(iii) how the Secretary provides training to covered members during TAP; ‘‘(iv) how many covered members have com- pleted WARTAC; and ‘‘(v) any other information the Secretary deter- mines appropriate. ‘‘(B) COST SAVINGS.—With regards to cost savings of WARTAC— ‘‘(i) how much money the Secretary determines WARTAC saves the United States each fiscal year; ‘‘(ii) how much money the Secretary determines WARTAC has saved the United States since its establishment; and ‘‘(iii) the determination of the Secretary wheth- er other Federal agencies may save money by es- tablishing a program similar to WARTAC. ‘‘(C) HIRING.—With regards to hiring covered members who complete WARTAC— ‘‘(i) how the Secretary identifies positions in the Department of Veterans Affairs for which such covered members may qualify; ‘‘(ii) the grades of such positions on the General Schedule under section 5332 of title 5, United States Code; and ‘‘(iii) how many such covered members the Sec- retary has hired to such positions. ‘‘(4) DISTRIBUTION.—Not later than 30 days after submitting the report under paragraph (1), the Sec- retary of Veterans Affairs shall transmit a copy of such report to the head of each Federal agency. ‘‘(5) DEFINITIONS.—In this subsection: ‘‘(A) The term ‘covered member’ means members of the Armed Forces participating in TAP. ‘‘(B) The term ‘TAP’ means the Transition Assist- ance Program under sections 1142 and 1144 of title 10, United States Code. ‘‘(C) The term ‘WARTAC’ means the Warrior Training Advancement Course of the Veterans Ben- efit Administration, in which the Secretary pro- vides training to covered members so such covered members may qualify for certain employment in the Veterans Benefit Administration. ‘‘(b) BEST PRACTICES FOR OTHER DEPARTMENTS.—The Assistant Secretary of Labor for Veterans’ Employ- ment and Training shall, in consultation with the Sec- retary of Veterans Affairs, establish guidelines con- taining best practices for departments and agencies of the Federal Government that carry out programs to employ veterans who are transitioning from service in the Armed Forces. Such guidelines shall include the findings of the initial report required under subsection (a)(1).’’ EMPLOYMENT ASSISTANCE: OTHER FEDERAL AGENCIES Pub. L. 112–56, title II, § 235(b), Nov. 21, 2011, 125 Stat. 724, provided that: ‘‘(1) DEFINITIONS.—In this subsection— ‘‘(A) the term ‘agency’ has the meaning given the term ‘Executive agency’ in section 105 of title 5, United States Code; and ‘‘(B) the term ‘veteran’ has the meaning given that term in section 101 of title 38, United States Code. ‘‘(2) RESPONSIBILITIES OF OFFICE OF PERSONNEL MAN- AGEMENT.—The Director of the Office of Personnel Man- agement shall— ‘‘(A) designate agencies that shall establish a pro- gram to provide employment assistance to members of the Armed Forces who are being separated from ac- tive duty in accordance with paragraph (3); and ‘‘(B) ensure that the programs established under this subsection are coordinated with the Transition Assistance Program (TAP) of the Department of De- fense. ‘‘(3) ELEMENTS OF PROGRAM.—The head of each agency designated under paragraph (2)(A), in consultation with the Director of the Office of Personnel Management, and acting through the Veterans Employment Program Office of the agency established under Executive Order 13518 (74 Fed. Reg. 58533; relating to employment of vet- erans in the Federal Government) [5 U.S.C. 3301 note], or any successor thereto, shall— ‘‘(A) establish a program to provide employment as- sistance to members of the Armed Forces who are being separated from active duty, including assisting such members in seeking employment with the agen- cy; ‘‘(B) provide such members with information re- garding the program of the agency established under subparagraph (A); and ‘‘(C) promote the recruiting, hiring, training and development, and retention of such members and vet- erans by the agency. ‘‘(4) OTHER OFFICE.—If an agency designated under paragraph (2)(A) does not have a Veterans Employment Program Office, the head of the agency, in consultation with the Director of the Office of Personnel Manage- ment, shall select an appropriate office of the agency to carry out the responsibilities of the agency under paragraph (3).’’ CONTENTS OF REPORTS ON VETERANS’ READJUSTMENT APPOINTMENTS Pub. L. 95–454, title III, § 307(b)(2), Oct. 13, 1978, 92 Stat. 1147, as amended by Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: ‘‘The Director of the Office of Personnel Management shall include in the re- ports required by section 4214(d) [formerly 2014(d)] of title 38, United States Code, the same type of informa- tion regarding the use of the authority provided in sec- tion 3112 of title 5, United States Code (as added by paragraph (1) of this subsection), as is required by such section 4214 with respect to the use of the authority to make veterans readjustment appointments.’’ § 4215. Priority of service for veterans in Depart- ment of Labor job training programs (a) DEFINITIONS.—In this section: (1) The term ‘‘covered person’’ means any of the following individuals: (A) A veteran. (B) The spouse of any of the following indi- viduals: (i) Any veteran who died of a service- connected disability. (ii) Any member of the Armed Forces serving on active duty who, at the time of application for assistance under this sec- tion, is listed, pursuant to section 556 of title 37 and regulations issued thereunder, by the Secretary concerned in one or more Page 993 TITLE 38—VETERANS’ BENEFITS § 4215 1 See References in Text note below. of the following categories and has been so listed for a total of more than 90 days: (I) missing in action, (II) captured in line of duty by a hostile force, or (III) forcibly de- tained or interned in line of duty by a for- eign government or power. (iii) Any veteran who has a total dis- ability resulting from a service-connected disability. (iv) Any veteran who died while a dis- ability so evaluated was in existence. (2) The term ‘‘qualified job training pro- gram’’ means any workforce preparation, de- velopment, or delivery program or service that is directly funded, in whole or in part, by the Department of Labor and includes the fol- lowing: (A) Any such program or service that uses technology to assist individuals to access workforce development programs (such as job and training opportunities, labor market information, career assessment tools, and related support services). (B) Any such program or service under the public employment service system, one-stop career centers, the Workforce Investment Act of 1998,1 a demonstration or other tem- porary program, and those programs imple- mented by States or local service providers based on Federal block grants administered by the Department of Labor. (C) Any such program or service that is a workforce development program targeted to specific groups. (3) The term ‘‘priority of service’’ means, with respect to any qualified job training pro- gram, that a covered person shall be given pri- ority over nonveterans for the receipt of em- ployment, training, and placement services provided under that program, notwithstanding any other provision of law. Such priority in- cludes giving access to such services to a cov- ered person before a non-covered person or, if resources are limited, giving access to such services to a covered person instead of a non- covered person. (b) ENTITLEMENT TO PRIORITY OF SERVICE.—(1) A covered person is entitled to priority of serv- ice under any qualified job training program if the person otherwise meets the eligibility re- quirements for participation in such program. (2) The Secretary of Labor may establish pri- orities among covered persons for purposes of this section to take into account the needs of disabled veterans and special disabled veterans, and such other factors as the Secretary deter- mines appropriate. (c) ADMINISTRATION OF PROGRAMS AT STATE AND LOCAL LEVELS.—An entity of a State or a political subdivision of the State that admin- isters or delivers services under a qualified job training program shall— (1) provide information and priority of serv- ice to covered persons regarding benefits and services that may be obtained through other entities or service providers; and (2) ensure that each covered person who ap- plies to or who is assisted by such a program is informed of the employment-related rights and benefits to which the person is entitled under this section. (d) ADDITION TO ANNUAL REPORT.—(1) In the annual report required under section 4107(c) of this title for the program year beginning in 2003 and each subsequent program year, the Sec- retary of Labor shall evaluate whether covered persons are receiving priority of service and are being fully served by qualified job training pro- grams. Such evaluation shall include— (A) an analysis of the implementation of providing such priority at the local level; (B) whether the representation of veterans in such programs is in proportion to the inci- dence of representation of veterans in the labor market, including within groups that the Secretary may designate for priority under such programs, if any; and (C) performance measures, as determined by the Secretary, to determine whether veterans are receiving priority of service and are being fully served by qualified job training pro- grams. (2) The Secretary may not use the proportion of representation of veterans described in sub- paragraph (B) of paragraph (1) as the basis for determining under such paragraph whether vet- erans are receiving priority of service and are being fully served by qualified job training pro- grams. (Added Pub. L. 107–288, § 2(a)(1), Nov. 7, 2002, 116 Stat. 2033; amended Pub. L. 112–56, title II, § 239, Nov. 21, 2011, 125 Stat. 727.) Editorial Notes REFERENCES IN TEXT The Workforce Investment Act of 1998, referred to in subsec. (a)(2)(B), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2011—Subsec. (a)(3). Pub. L. 112–56, § 239(1), inserted at end ‘‘Such priority includes giving access to such serv- ices to a covered person before a non-covered person or, if resources are limited, giving access to such services to a covered person instead of a non-covered person.’’ Subsec. (d). Pub. L. 112–56, § 239(2), amended subsec. (d) generally. Prior to amendment, text read as follows: ‘‘In the annual report required under section 4107(c) of this title for the program year beginning in 2003 and each subsequent program year, the Secretary of Labor shall evaluate whether covered persons are receiving priority of service and are being fully served by quali- fied job training programs, and whether the representa- tion of veterans in such programs is in proportion to the incidence of representation of veterans in the labor market, including within groups that the Secretary may designate for priority under such programs, if any.’’ Statutory Notes and Related Subsidiaries DEPARTMENT OF LABOR IMPLEMENTATION OF REGULATIONS FOR PRIORITY OF SERVICE Pub. L. 109–461, title VI, § 605, Dec. 22, 2006, 120 Stat. 3439, provided that: ‘‘Not later than two years after the date of the enactment of this Act [Dec. 22, 2006], the Secretary of Labor shall prescribe regulations to imple- ment section 4215 of title 38, United States Code.’’ Page 994 TITLE 38—VETERANS’ BENEFITS § 4301 REQUIREMENT TO PROMPTLY ESTABLISH ONE-STOP EMPLOYMENT SERVICES Pub. L. 107–288, § 4(c), Nov. 7, 2002, 116 Stat. 2044, pro- vided that: ‘‘By not later than 18 months after the date of the enactment of this Act [Nov. 7, 2002], the Sec- retary of Labor shall provide one-stop services and as- sistance to covered persons electronically by means of the Internet, as defined in section 231(e)(3) of the Com- munications Act of 1934 [47 U.S.C. 231(e)(3)], and such other electronic means to enhance the delivery of such services and assistance.’’ CHAPTER 43—EMPLOYMENT AND REEM- PLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES SUBCHAPTER I—GENERAL Sec. 4301. Purposes; sense of Congress. 4302. Relation to other law and plans or agree- ments. 4303. Definitions. 4304. Character of service. SUBCHAPTER II—EMPLOYMENT AND REEMPLOY- MENT RIGHTS AND LIMITATIONS; PROHIBI- TIONS 4311. Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited. 4312. Reemployment rights of persons who serve in the uniformed services. 4313. Reemployment positions. 4314. Reemployment by the Federal Government. 4315. Reemployment by certain Federal agencies. 4316. Rights, benefits, and obligations of persons absent from employment for service in a uniformed service. 4317. Health plans. 4318. Employee pension benefit plans. 4319. Employment and reemployment rights in for- eign countries. SUBCHAPTER III—PROCEDURES FOR ASSIST- ANCE, ENFORCEMENT, AND INVESTIGATION 4321. Assistance in obtaining reemployment or other employment rights or benefits. 4322. Enforcement of employment or reemploy- ment rights. 4323. Enforcement of rights with respect to a State or private employer. 4324. Enforcement of rights with respect to Federal executive agencies. 4325. Enforcement of rights with respect to certain Federal agencies. 4326. Conduct of investigation; subpoenas. 4327. Noncompliance of Federal officials with dead- lines; inapplicability of statutes of limita- tions. SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 4331. Regulations. 4332. Reports. 4333. Outreach. 4334. Notice of rights and duties. 4335. Training for Federal executive agency human resources personnel on employment and re- employment rights and limitations. Editorial Notes CODIFICATION This chapter was originally added by Pub. L. 93–508, title IV, § 404(a), Dec. 3, 1974, 88 Stat. 1594, and amended by Pub. L. 94–286, May 14, 1976, 90 Stat. 517; Pub. L. 94–502, Oct. 15, 1976, 90 Stat. 2383; Pub. L. 96–466, Oct. 17, 1980, 94 Stat. 2171; Pub. L. 97–295, Oct. 12, 1982, 96 Stat. 1287; Pub. L. 98–620, Nov. 8, 1984, 98 Stat. 3335; Pub. L. 99–576, Oct. 28, 1986, 100 Stat. 3248; Pub. L. 102–12, Mar. 18, 1991, 105 Stat. 34; Pub. L. 102–25, Apr. 6, 1991, 105 Stat. 75; Pub. L. 102–568, Oct. 29, 1992, 106 Stat. 4320. This chapter is shown here, however, as having been added by Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3150, without reference to those intervening amendments be- cause of the general amendment of this chapter by Pub. L. 103–353. A prior chapter 43 ‘‘Mustering-Out Payments’’, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1222, 1223, consisted of sections 2101 to 2105, prior to repeal by Pub. L. 89–50, § 1(a), June 24, 1965, 79 Stat. 173. AMENDMENTS 2008—Pub. L. 110–389, title III, §§ 311(f)(2), 313(b), Oct. 10, 2008, 122 Stat. 4164, 4167, added items 4327 and 4335. 2004—Pub. L. 108–454, title II, § 203(b), Dec. 10, 2004, 118 Stat. 3606, added item 4334. 1998—Pub. L. 105–368, title II, § 212(b)(2), Nov. 11, 1998, 112 Stat. 3331, added item 4319. SUBCHAPTER I—GENERAL § 4301. Purposes; sense of Congress (a) The purposes of this chapter are— (1) to encourage service in the uniformed services by eliminating or minimizing the dis- advantages to civilian careers and employ- ment which can result from such service; (2) to minimize the disruption to the lives of persons performing service in the uniformed services as well as to their employers, their fellow employees, and their communities, by providing for the prompt reemployment of such persons upon their completion of such service; and (3) to prohibit discrimination against per- sons because of their service in the uniformed services. (b) It is the sense of Congress that the Federal Government should be a model employer in car- rying out the provisions of this chapter. (Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3150; amended Pub. L. 104–275, title III, § 311(1), Oct. 9, 1996, 110 Stat. 3333; Pub. L. 118–210, title II, § 221(a), Jan. 2, 2025, 138 Stat. 2778.) Editorial Notes PRIOR PROVISIONS A prior section 4301, added Pub. L. 93–508, title IV, § 404(a), Dec. 3, 1974, 88 Stat. 1594, § 2021; amended Pub. L. 94–502, title VI, § 608(1), (2), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 99–576, title III, § 331, Oct. 28, 1986, 100 Stat. 3279; Pub. L. 102–12, § 5(a), Mar. 18, 1991, 105 Stat. 36; Pub. L. 102–25, title III, § 340(a), Apr. 6, 1991, 105 Stat. 92; renum- bered § 4301, Pub. L. 102–568, title V, § 506(a), Oct. 29, 1992, 106 Stat. 4340, related to reemployment rights of persons inducted into the Armed Forces of the United States and benefits protected, prior to the general amendment of this chapter by Pub. L. 103–353. This sec- tion, as in effect on the day before Oct. 13, 1994, con- tinues to apply to reemployments initiated before the end of the 60-day period beginning Oct. 13, 1994, see sec- tion 8 of Pub. L. 103–353, as amended, set out as an Ef- fective Date note below. Another prior section 4301 was renumbered section 7601 of this title. AMENDMENTS 2025—Subsec. (a)(1). Pub. L. 118–210 substituted ‘‘en- courage service in the uniformed services’’ for ‘‘encour- age noncareer service in the uniformed services’’.