38 U.S.C. § 4213 — Eligibility requirements for veterans

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 Secretary of Labor shall issue rules and regulations requiring each department and agency of the executive branch of the Federal Government to list suitable employment openings with the appropriate office of the State Employment Service or the United States Employment Service. This section shall not be construed as requiring the employment of individuals referred by such office or as superseding any require- ments of the Civil Service Laws. Rules, regulations, and orders to implement this section shall be developed in consultation with the Civil Service Commission. SEC. 2. The Secretary of Labor is hereby designated and empowered to exercise, without the approval, rati- fication, or other action of the President, the authority of the President under Section 2012 [now 4212] of Title 38 of the United States Code. SEC. 3. The Secretary of Labor shall gather informa- tion on the effectiveness of the program established under this order and Section 2012 [now 4212] of Title 38 of the United States Code and of the extent to which the employment service system is fulfilling the em- ployment needs of veterans. The Secretary of Labor shall, from time to time, report to the President con- cerning his evaluation of the effectiveness of this order along with his recommendations for further action which the Secretary believes to be appropriate. SEC. 4. Appropriate departments and agencies shall, in consultation with the Secretary of Labor, issue such amendments or additions to procurement rules and reg- ulations as may be necessary to carry out the purposes of this order and Section 2012 [now 4212] of Title 38 of the United States Code. Except as otherwise provided by law, all executive departments and agencies are di- rected to cooperate with the Secretary of Labor, to fur- nish the Secretary of Labor with such information and assistance as he may require in the performance of his functions under this order, and to comply with rules, regulations, and orders of the Secretary. SEC. 5. Executive Order No. 11598 of June 16, 1971, is hereby superseded. RICHARD NIXON. § 4213. Eligibility requirements for veterans under Federal employment and training pro- grams (a) Amounts and periods of time specified in subsection (b) shall be disregarded in deter- mining 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 In- novation and Opportunity Act. (5) Any other employment or training (or re- lated) 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 allow- ances 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 per- son under chapters 13 and 35 of this title. (5) Any amount received by an eligible mem- ber under chapter 106 of title 10. (Added Pub. L. 92–540, title V, § 503(a), Oct. 24, 1972, 86 Stat. 1098, § 2013; amended Pub. L. 96–466, title VIII, § 801(k)(1), (2)(A), Oct. 17, 1980, 94 Stat. 2217; Pub. L. 102–54, § 14(c)(10), June 13, 1991, 105 Stat. 285; renumbered § 4213, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title VII, § 702(b), Nov. 2, 1994, 108 Stat. 4675; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(29)(C), (f)(21)(C)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–424, 2681–432; Pub. L. 106–419, title IV, § 404(a)(9), Nov. 1, 2000, 114 Stat. 1865; Pub. L. 113–128, title V, § 512(gg)(5), July 22, 2014, 128 Stat. 1720.) Editorial Notes REFERENCES IN TEXT The Economic Opportunity Act of 1964, referred to in subsec. (a)(3), is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508, which was classified generally to chapter 34 (§ 2701 et seq.) of Title 42, The Public Health and Welfare, prior to repeal, except for titles VIII and X, by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. Titles VIII and X of the Act are classified generally to sub- chapters VIII (§ 2991 et seq.) and X (§ 2996 et seq.) of chapter 34 of Title 42. For complete classification of this Act to the Code, see Tables. The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (a)(4), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified gen- erally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. AMENDMENTS 2014—Subsec. (a)(4). Pub. L. 113–128 substituted ‘‘Any employment or training program carried out under Page 988 TITLE 38—VETERANS’ BENEFITS § 4214 title I of the Workforce Innovation and Opportunity Act’’ for ‘‘Any employment or training program carried out under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’. 2000—Pub. L. 106–419 amended text generally. Prior to amendment, text read as follows: ‘‘Any (1) amounts re- ceived as pay or allowances by any person while serving on active duty, (2) period of time during which such person served on such active duty, and (3) amounts re- ceived under chapters 11, 13, 30, 31, 35, and 36 of this title by an eligible veteran, any amounts received by an eligible person under chapters 13 and 35 of such title, and any amounts received by an eligible person under chapter 106 of title 10, shall be disregarded in deter- mining eligibility under any public service employment program, any emergency employment program, any job training program assisted under the Economic Oppor- tunity Act of 1964, any employment or training pro- gram carried out under title I of the Workforce Invest- ment Act of 1998, or any other employment or training (or related) program financed in whole or in part with Federal funds.’’ 1998—Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(21)(C)], struck out ‘‘the Job Training Partnership Act or’’ after ‘‘program carried out under’’. Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(29)(C)], sub- stituted ‘‘program carried out under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,’’ for ‘‘program assisted under the Job Training Partnership Act (29 U.S.C. 1501 et seq.),’’. 1994—Pub. L. 103–446, § 702(b)(3), substituted ‘‘eligi- bility under’’ for ‘‘the needs or qualifications of partici- pants in’’. Pub. L. 103–446, § 702(b)(2), which directed insertion of ‘‘and any amounts received by an eligible person under chapter 106 of title 10,’’ after ‘‘chapters 13 and 35 of such title, and’’, was executed by making the insertion after ‘‘chapters 13 and 35 of such title,’’ to reflect the prob- able intent of Congress. Pub. L. 103–446, § 702(b)(1), which directed substitution of ‘‘chapters 11, 13, 30, 31, 35, and 36 of this title by an eligible veteran,’’ for ‘‘chapters 11, 13, 31, 34, 35, and 36 of this title by an eligible veteran and’’, was executed by making the substitution for ‘‘chapters 11, 13, 31, 34, 35, and 36 of this title by an eligible veteran, and’’ to reflect the probable intent of Congress. 1991—Pub. L. 102–83 renumbered section 2013 of this title as this section. Pub. L. 102–54 substituted ‘‘the Job Training Partner- ship Act (29 U.S.C. 1501 et seq.)’’ for ‘‘the Comprehen- sive Employment and Training Act’’. 1980—Pub. L. 96–466 substituted ‘‘Federal employment and’’ for ‘‘certain Federal manpower’’ in section catch- line, and substituted ‘‘an eligible veteran’’ for ‘‘a vet- eran (as defined in section 101(2) of this title) who served on active duty for a period of more than 180 days or was discharged or released from active duty for a service-connected disability’’ and ‘‘any employment or training program assisted under the Comprehensive Employment and Training Act, or any other employ- ment or’’ for ‘‘any manpower training program assisted under the Manpower Development and Training Act of 1962, or any other manpower’’ in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 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 Title 29, Labor. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 101(f) [title VIII, § 405(d)(29)(C)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(21)(C)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note under section 3502 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–466 effective Oct. 1, 1980, see section 802(h) of Pub. L. 96–466, 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. § 4214. Employment within the Federal Govern- ment (a)(1) The United States has an obligation to assist veterans of the Armed Forces in read- justing 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, there- fore, the policy of the United States and the pur- pose 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 ad- vancement. (2) In this section: (A) The term ‘‘agency’’ has the meaning given the term ‘‘department or agency’’ in sec- tion 4211(5) of this title. (B) The term ‘‘qualified covered veteran’’ means a veteran described in section 4212(a)(3) of this title. (b)(1) To further the policy stated in sub- section (a) of this section, veterans referred to in paragraph (2) of this subsection shall be eligi- ble, 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 Ex- ecutive 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 equiva- lent; (B) a veteran shall be eligible for such an ap- pointment 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 pre- scribed probationary period, acquire a com- petitive status; and (E) a veteran given an appointment under the authority of this subsection whose em- ployment under the appointment is termi- nated within one year after the date of such appointment shall have the same right to ap-