US (United States) Code. Title 38. Part III. Chapter 42: Employment and training of veterans

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Vaterans benefits

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-CITE-

38 USC CHAPTER 42 - EMPLOYMENT AND TRAINING OF VETERANS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 42 - EMPLOYMENT AND TRAINING OF VETERANS

-HEAD-

CHAPTER 42 - EMPLOYMENT AND TRAINING OF VETERANS

-MISC1-

Sec.

4211. Definitions.

4212. Veterans' employment emphasis under Federal contracts.

4213. Eligibility requirements for veterans under Federal

employment and training programs.

4214. Employment within the Federal Government.

4215. Priority of service for veterans in Department of

Labor job training programs.

AMENDMENTS

2002 - Pub. L. 107-288, Sec. 2(a)(2), Nov. 7, 2002, 116 Stat.

2034, added item 4215.

1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,

renumbered items 2011 to 2014 as 4211 to 4214, respectively.

Pub. L. 102-16, Sec. 9(c)(1), Mar. 22, 1991, 105 Stat. 55, struck

out "DISABLED AND VIETNAM ERA" before "VETERANS" in chapter

heading.

1980 - Pub. L. 96-466, title VIII, Sec. 801(k)(2)(B), Oct. 17,

1980, 94 Stat. 2217, substituted "Federal employment and" for

"certain Federal manpower" in item 2013.

1974 - Pub. L. 93-508, title IV, Sec. 403(b), Dec. 3, 1974, 88

Stat. 1594, added item 2014.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3116, 4102A, 4103A, 4106,

4107, 7725 of this title.

-End-

-CITE-

38 USC Sec. 4211 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 42 - EMPLOYMENT AND TRAINING OF VETERANS

-HEAD-

Sec. 4211. Definitions

-STATUTE-

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 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; or

(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.

(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 and the

United States Postal Service and the Postal Rate Commission, and

the term "department, agency, or instrumentality in the executive

branch" includes the United States Postal Service and the Postal

Rate 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.

-SOURCE-

(Added Pub. L. 92-540, title V, Sec. 503(a), Oct. 24, 1972, 86

Stat. 1097, Sec. 2011; amended Pub. L. 94-502, title VI, Sec.

607(1), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 96-466, title V, Sec.

508, Oct. 17, 1980, 94 Stat. 2206; Pub. L. 97-306, title III, Sec.

309, Oct. 14, 1982, 96 Stat. 1441; Pub. L. 98-223, title II, Sec.

206, Mar. 2, 1984, 98 Stat. 43; Pub. L. 101-237, title IV, Sec.

407(a)(2), Dec. 18, 1989, 103 Stat. 2082; Pub. L. 102-16, Sec. 1,

Mar. 22, 1991, 105 Stat. 48; Pub. L. 102-54, Sec. 14(c)(9), June

13, 1991, 105 Stat. 285; renumbered Sec. 4211 and amended Pub. L.

102-83, Secs. 4(a)(1), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403,

406; Pub. L. 102-127, Sec. 5, Oct. 10, 1991, 105 Stat. 622; Pub. L.

102-568, title V, Sec. 502, Oct. 29, 1992, 106 Stat. 4340; Pub. L.

104-106, div. A, title XV, Sec. 1501(e)(2)(D), Feb. 10, 1996, 110

Stat. 501; Pub. L. 106-419, title III, Sec. 322(c), Nov. 1, 2000,

114 Stat. 1855; Pub. L. 107-288, Sec. 2(b)(2)(D), Nov. 7, 2002, 116

Stat. 2036.)

-MISC1-

AMENDMENTS

2002 - Par. (6). Pub. L. 107-288 substituted "three-year period"

for "one-year period".

2000 - Par. (6). Pub. L. 106-419 added par. (6).

1996 - Par. (4)(C). Pub. L. 104-106 substituted "section

12301(a), (d), or (g), 12302, or 12304 of title 10" for "section

672(a), (d), or (g), 673, or 673b of title 10".

1992 - Par. (2). Pub. L. 102-568 substituted "The term" for "(A)

Subject to subparagraph (B) of this paragraph, the term" and struck

out subpar. (B) which read as follows: "No veteran may be

considered to be a veteran of the Vietnam era under this paragraph

after December 31, 1994, except for purposes of section 4214 of

this title."

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 2011 of this

title as this section.

Par. (1)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted "3106" for

"1506" in cl. (ii).

Pub. L. 102-83, Sec. 4(a)(1), substituted "laws administered by

the Secretary" for "laws administered by the Veterans'

Administration" in introductory provisions.

Par. (2)(B). Pub. L. 102-83, Sec. 5(c)(1), substituted "4214" for

"2014".

Pub. L. 102-54 inserted comma before "except for purposes".

Pub. L. 102-16 substituted "1994" for "1991".

Par. (3). Pub. L. 102-83, Sec. 4(a)(1), substituted "laws

administered by the Secretary" for "laws administered by the

Veterans' Administration".

Par. (4). Pub. L. 102-127 amended par. (4) generally. Prior to

amendment, par. (4) read as follows: "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, or (B) was discharged or released

from active duty because of a service-connected disability."

1989 - Par. (2)(B). Pub. L. 101-237 inserted before period at end

"except for purposes of section 2014 of this title".

1984 - Par. (1). Pub. L. 98-223 expanded term "special disabled

veteran" to include a veteran with a disability rated at 10 to 20

percent in the case of a veteran who has been determined under

section 1506 of this title to have a serious employment handicap.

1982 - Pars. (1), (3). Pub. L. 97-306, Sec. 309(1), inserted "(or

who but for the receipt of military retired pay would be entitled

to compensation)" after "compensation".

Par. (5). Pub. L. 97-306, Sec. 309(2), inserted provision that

the United States Postal Service and the Postal Rate Commission are

within the definition of "department or agency" and that the term

"department, agency, or instrumentality in the executive branch"

includes the United States Postal Service and the Postal Rate

Commission.

1980 - Pub. L. 96-466 added definitions for terms "special

disabled veteran" and "eligible veteran", in provisions defining

term "veteran of the Vietnam era" substituted reference to an

eligible veteran any part of whose active service was during the

Vietnam era with cut-off date of Dec. 31, 1991, for reference to a

person who served on active duty for more than 180 days, any part

of which occurred during the Vietnam era, and was discharged or

released with other than a dishonorable discharge, or was

discharged or released for a service-connected disability if any

part of the active duty was performed during the Vietnam era, and

who was discharged or released within the 48 months preceding the

person's application for employment covered under this chapter, in

the provisions defining term "disabled veteran" substituted

reference to compensation under laws administered by the Veterans'

Administration for reference to disability compensation under such

laws for a disability rated at 30 per centum or more and reference

to a service-connected disability for reference to a disability

incurred or aggravated in the line of duty, and in provisions

defining term "department or agency" substituted reference to any

agency of the Federal Government or the District of Columbia,

including any Executive agency defined in section 105 of title 5,

for reference to any department or agency of the Federal Government

or any federally owned corporation.

1976 - Par. (2). Pub. L. 94-502 substituted "the person's" for

"his".

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-288, Sec. 2(b)(3), Nov. 7, 2002, 116 Stat. 2036,

provided that: "The amendments made by this subsection [amending

this section and section 4212 of this title] shall apply with

respect to contracts entered into on or after the first day of the

first month that begins 12 months after the date of the enactment

of this Act [Nov. 7, 2002]."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 407(c) of Pub. L. 101-237 provided that: "The amendments

made by this section [amending this section and section 2014 [now

4214] of this title] shall take effect on January 1, 1990."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section

802(e) of Pub. L. 96-466, set out as a note under section 4101 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Dec. 1, 1976, see section

703(c) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE

Section effective 90 days after Oct. 24, 1972, see section 601(b)

of Pub. L. 92-540, set out as an Effective Date of 1972 Amendment

note under section 4101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4101, 4107, 4214 of this

title; title 15 sections 636, 637, 1022a; title 42 section 6706.

-End-

-CITE-

38 USC Sec. 4212 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 42 - EMPLOYMENT AND TRAINING OF VETERANS

-HEAD-

Sec. 4212. Veterans' employment emphasis under Federal contracts

-STATUTE-

(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), and may also list such openings

with one-stop career centers under the Workforce Investment Act

of 1998, 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; and

(C) each such employment service delivery system shall provide

a list of such employment openings to States, political

subdivisions of States, or any private entities or organizations

under contract to carry out employment, training, and placement

services under chapter 41 of this title.

(3) In this section:

(A) The term "covered veteran" means any of the following

veterans:

(i) Disabled veterans.

(ii) Veterans who served on active duty in the Armed Forces

during a war or in a campaign or expedition for which a

campaign badge has been authorized.

(iii) Veterans who, while serving on active duty in the Armed

Forces, participated in a United States military operation for

which an Armed Forces service medal was awarded pursuant to

Executive Order No. 12985 (61 Fed. Reg. 1209).

(iv) Recently separated veterans.

(B) The term "qualified", with respect to an employment

position, means having the ability to perform the essential

functions of the position with or without reasonable

accommodation for an individual with a disability.

(b) If any veteran covered by the first sentence of subsection

(a) believes any contractor of the United States has failed to

comply or refuses to comply with the provisions of the contractor's

contract relating to the employment of veterans, the veteran may

file a complaint with the Secretary of Labor, who shall promptly

investigate such complaint and take appropriate action in

accordance with the terms of the contract and applicable laws and

regulations.

(c) The Secretary of Labor shall include as part of the annual

report required by section 4107(c) of this title the number of

complaints filed pursuant to subsection (b) of this section, the

actions taken thereon and the resolutions thereof. Such report

shall also include the number of contractors listing employment

openings, the nature, types, and number of positions listed and the

number of veterans receiving priority pursuant to subsection

(a)(2)(B).

(d)(1) Each contractor to whom subsection (a) applies shall, in

accordance with regulations which the Secretary of Labor shall

prescribe, report at least annually to the Secretary of Labor on -

(A) the number of employees in the workforce of such

contractor, by job category and hiring location, and the number

of such employees, by job category and hiring location, who are

qualified covered veterans;

(B) the total number of new employees hired by the contractor

during the period covered by the report and the number of such

employees who are qualified covered veterans; and

(C) the maximum number and the minimum number of employees of

such contractor during the period covered by the report.

(2) The Secretary of Labor shall ensure that the administration

of the reporting requirement under paragraph (1) is coordinated

with respect to any requirement for the contractor to make any

other report to the Secretary of Labor.

-SOURCE-

(Added Pub. L. 92-540, title V, Sec. 503(a), Oct. 24, 1972, 86

Stat. 1097, Sec. 2012; amended Pub. L. 93-508, title IV, Sec. 402,

Dec. 3, 1974, 88 Stat. 1593; Pub. L. 94-502, title VI, Secs. 605,

607(2), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 95-520, Sec. 6(a),

Oct. 26, 1978, 92 Stat. 1821; Pub. L. 96-466, title V, Sec. 509,

title VIII, Sec. 801(j), Oct. 17, 1980, 94 Stat. 2206, 2217; Pub.

L. 97-306, title III, Sec. 310(a), Oct. 14, 1982, 96 Stat. 1442;

renumbered Sec. 4212 and amended Pub. L. 102-83, Secs. 4(b)(8),

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 405, 406; Pub. L. 103-446,

title VII, Sec. 702(a), Nov. 2, 1994, 108 Stat. 4674; Pub. L.

105-339, Secs. 7(a), 8, Oct. 31, 1998, 112 Stat. 3188, 3189; Pub.

L. 106-419, title III, Sec. 322(a), (b), Nov. 1, 2000, 114 Stat.

1855; Pub. L. 107-288, Sec. 2(b)(1), (2)(A)-(C), Nov. 7, 2002, 116

Stat. 2034, 2035.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in subsec.

(a)(2)(A), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 9201 of Title 20, Education,

and Tables.

Executive Order No. 12985, referred to in subsec. (a)(3)(A)(iii),

is set out as a note preceding section 1121 of Title 10, Armed

Forces.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-288, Sec. 2(b)(1), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: "Any contract in the amount of $25,000 or more entered

into by any department or agency for the procurement of personal

property and non-personal services (including construction) for the

United States, shall contain a provision requiring that the party

contracting with the United States shall take affirmative action to

employ and advance in employment qualified special disabled

veterans, veterans of the Vietnam era, recently separated veterans,

and any other veterans who served on active duty during a war or in

a campaign or expedition for which a campaign badge has been

authorized. The provisions of this section shall apply to any

subcontract entered into by a prime contractor in carrying out any

contract for the procurement of personal property and non-personal

services (including construction) for the United States. In

addition to requiring affirmative action to employ such veterans

under such contracts and subcontracts and in order to promote the

implementation of such requirement, the President shall implement

the provisions of this section by promulgating regulations which

shall require that (1) each such contractor undertake in such

contract to list immediately with the appropriate local employment

service office all of its employment openings except that the

contractor may exclude openings for executive and top management

positions, positions which are to be filled from within the

contractor's organization, and positions lasting three days or

less, and (2) each such local office shall give such veterans

priority in referral to such employment openings."

Subsec. (c). Pub. L. 107-288, Sec. 2(b)(2)(A), struck out

"suitable" before "employment openings" and substituted "subsection

(a)(2)(B)" for "subsection (a)(2) of this section".

Subsec. (d)(1). Pub. L. 107-288, Sec. 2(b)(2)(B)(i), struck out

"of this section" after "subsection (a)" in introductory

provisions.

Subsec. (d)(1)(A), (B). Pub. L. 107-288, Sec. 2(b)(2)(B)(ii),

amended subpars. (A) and (B) generally. Prior to amendment,

subpars. (A) and (B) read as follows:

"(A) the number of employees in the work force of such

contractor, by job category and hiring location, who are special

disabled veterans, veterans of the Vietnam era, recently separated

veterans, or other veterans who served on active duty during a war

or in a campaign or expedition for which a campaign badge has been

authorized;

"(B) the total number of new employees hired by the contractor

during the period covered by the report and the number of such

employees who are special disabled veterans, veterans of the

Vietnam era, recently separated veterans, or other veterans who

served on active duty during a war or in a campaign or expedition

for which a campaign badge has been authorized; and".

Subsec. (d)(2). Pub. L. 107-288, Sec. 2(b)(2)(C), struck out "of

this subsection" after "paragraph (1)".

2000 - Subsec. (a). Pub. L. 106-419, Sec. 322(a), inserted

"recently separated veterans," after "veterans of the Vietnam era,"

in first sentence.

Subsec. (d)(1)(A), (B). Pub. L. 106-419, Sec. 322(b), inserted

"recently separated veterans," after "veterans of the Vietnam

era,".

1998 - Subsec. (a). Pub. L. 105-339, Sec. 7(a)(1), in first

sentence, substituted "$25,000" for "$10,000" and "special disabled

veterans, veterans of the Vietnam era, and any other veterans who

served on active duty during a war or in a campaign or expedition

for which a campaign badge has been authorized" for "special

disabled veterans and veterans of the Vietnam era".

Subsec. (b). Pub. L. 105-339, Sec. 7(a)(2), substituted "veteran

covered by the first sentence of subsection (a)" for "special

disabled veteran or veteran of the Vietnam era".

Subsec. (d)(1)(A), (B). Pub. L. 105-339, Sec. 7(a)(3),

substituted "special disabled veterans, veterans of the Vietnam

era, or other veterans who served on active duty during a war or in

a campaign or expedition for which a campaign badge has been

authorized" for "veterans of the Vietnam era or special disabled

veterans".

Subsec. (d)(1)(C). Pub. L. 105-339, Sec. 8, added subpar. (C).

1994 - Subsec. (a)(1). Pub. L. 103-446 substituted "all of its

employment openings except that the contractor may exclude openings

for executive and top management positions, positions which are to

be filled from within the contractor's organization, and positions

lasting three days or less," for "all of its suitable employment

openings,".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 2012 of this

title as this section.

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "4107(c)"

for "2007(c)".

Pub. L. 102-83, Sec. 4(b)(8), substituted "Secretary of Labor"

for "Secretary".

Subsec. (d). Pub. L. 102-83, Sec. 4(b)(8), substituted "Secretary

of Labor" for "Secretary" wherever appearing.

1982 - Subsec. (d). Pub. L. 97-306 added subsec. (d).

1980 - Subsec. (a). Pub. L. 96-466, Sec. 801(j), inserted

"special" after "qualified" and substituted "regulations which

shall require" for "regulations within 60 days after the date of

enactment of this section, which regulations shall require".

Subsec. (b). Pub. L. 96-466, Sec. 509, among other changes,

substituted reference to a special disabled veteran for reference

to a disabled veteran, struck out provisions relating to the filing

of a complaint by any veteran entitled to disability compensation

who believed that a contractor had discriminated against such

veteran because such veteran was a handicapped individual within

the meaning of section 706(6) of title 29, and substituted

provisions relating to the filing of a complaint with the Secretary

of Labor for provisions relating to the filing of a complaint with

the Veterans' Employment Service of the Department of Labor and

prompt referral of the complaint to the Secretary.

1978 - Subsec. (b). Pub. L. 95-520 authorized filing of a

complaint by a veteran entitled to disability compensation under

laws administered by the Veterans' Administration based on a

contractor's discrimination against the veteran because the veteran

is handicapped.

1976 - Subsec. (b). Pub. L. 94-502, Sec. 607(2), substituted "the

contractor's" for "his".

Subsec. (c). Pub. L. 94-502, Sec. 605, added subsec. (c).

1974 - Subsec. (a). Pub. L. 93-508, Sec. 402(1), (2), substituted

"Any contract in the amount of $10,000 or more entered into" for

"Any contract entered into", "the party contracting with the United

States shall take affirmative action to employ and advance in

employment" for "in employing persons to carry out such contract,

the party contracting with the United States shall give special

emphasis to the employment of", and "In addition to requiring

affirmative action to employ such veterans under such contracts and

subcontracts and in order to promote the implementation of such

requirement, the President shall" for "The President shall".

Subsec. (b). Pub. L. 93-508, Sec. 402(3), substituted "relating

to the employment of veterans" for "relating to giving special

emphasis in employment to veterans".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-288 applicable with respect to contracts

entered into on or after the first day of the first month that

begins 12 months after Nov. 7, 2002, see section 2(b)(3) of Pub. L.

107-288, set out as a note under section 4211 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 509 of Pub. L. 96-466 effective Oct. 1,

1980, see section 802(e) of Pub. L. 96-466, set out as a note under

section 4101 of this title.

Amendment by section 801(j) of 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 OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Dec. 1, 1976, see section

703(c) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

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 section 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

Section 310(b) of Pub. L. 97-306 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)."

-EXEC-

EX. ORD. NO. 11701. EMPLOYMENT OF VETERANS BY FEDERAL 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 requiring

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 section

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 respect to Government contractors

and their subcontractors.

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 ordered 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 requirements 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, ratification, 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 information 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 employment needs of veterans. The Secretary of Labor shall,

from time to time, report to the President concerning 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 regulations 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 directed to

cooperate with the Secretary of Labor, to furnish 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3116, 4107, 4214 of this

title; title 31 section 1354.

-End-

-CITE-

38 USC Sec. 4213 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 42 - EMPLOYMENT AND TRAINING OF VETERANS

-HEAD-

Sec. 4213. Eligibility requirements for veterans under Federal

employment and training programs

-STATUTE-

(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 Investment Act of 1998 (29 U.S.C. 2801 et

seq.).

(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.

-SOURCE-

(Added Pub. L. 92-540, title V, Sec. 503(a), Oct. 24, 1972, 86

Stat. 1098, Sec. 2013; amended Pub. L. 96-466, title VIII, Sec.

801(k)(1), (2)(A), Oct. 17, 1980, 94 Stat. 2217; Pub. L. 102-54,

Sec. 14(c)(10), June 13, 1991, 105 Stat. 285; renumbered Sec. 4213,

Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L.

103-446, title VII, Sec. 702(b), Nov. 2, 1994, 108 Stat. 4675; Pub.

L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(29)(C),

(f)(21)(C)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-424, 2681-432;

Pub. L. 106-419, title IV, Sec. 404(a)(9), Nov. 1, 2000, 114 Stat.

1865.)

-REFTEXT-

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, as amended,

which was classified generally to chapter 34 (Sec. 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, Sec. 683(a),

Aug. 13, 1981, 95 Stat. 519. Titles VIII and X of the Act are

classified generally to subchapters VIII (Sec. 2991 et seq.) and X

(Sec. 2996 et seq.) of chapter 34 of Title 42. For complete

classification of this Act to the Code, see Tables.

The Workforce Investment Act of 1998, referred to in subsec.

(a)(4), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. Title I of the Act is classified principally to chapter 30

(Sec. 2801 et seq.) of Title 29, Labor. For complete classification

of this Act to the Code, see Short Title note set out under section

9201 of Title 20, Education, and Tables.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-419 amended text generally. Prior to

amendment, text read as follows: "Any (1) amounts received 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 received 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 determining eligibility under any

public service employment program, any emergency employment

program, any job training program assisted under the Economic

Opportunity Act of 1964, any employment or training program carried

out under title I of the Workforce Investment 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, Sec. 101(f) [title VIII, Sec.

405(f)(21)(C)], struck out "the Job Training Partnership Act or"

after "program carried out under".

Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(29)(C)],

substituted "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, Sec. 702(b)(3), substituted "eligibility

under" for "the needs or qualifications of participants in".

Pub. L. 103-446, Sec. 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 probable intent of Congress.

Pub. L. 103-446, Sec. 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 Partnership Act (29

U.S.C. 1501 et seq.)" for "the Comprehensive Employment and

Training Act".

1980 - Pub. L. 96-466 substituted "Federal employment and" for

"certain Federal manpower" in section catchline, and substituted

"an eligible veteran" for "a veteran (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 employment or" for "any manpower training program

assisted under the Manpower Development and Training Act of 1962,

or any other manpower" in text.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 101(f) [title VIII, Sec. 405(d)(29)(C)] of

Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section

101(f) [title VIII, Sec. 405(f)(21)(C)] of Pub. L. 105-277

effective July 1, 2000, see section 101(f) [title VIII, Sec.

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 section 601(b)

of Pub. L. 92-540, set out as an Effective Date of 1972 Amendment

note under section 4101 of this title.

-End-

-CITE-

38 USC Sec. 4214 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 42 - EMPLOYMENT AND TRAINING OF VETERANS

-HEAD-

Sec. 4214. Employment within the Federal Government

-STATUTE-

(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.

(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 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)), 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, 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 7722 of this

title, to serve as veterans' representatives at certain educational

institutions as provided in section 7724 of this title, or to

provide readjustment counseling under section 1712A of this title.

-SOURCE-

(Added Pub. L. 93-508, title IV, Sec. 403(a), Dec. 3, 1974, 88

Stat. 1593, Sec. 2014; amended Pub. L. 95-202, title III, Sec. 308,

Nov. 23, 1977, 91 Stat. 1445; Pub. L. 95-520, Sec. 6(b), Oct. 26,

1978, 92 Stat. 1821; Pub. L. 96-466, title V, Sec. 510, title VIII,

Sec. 801(l), Oct. 17, 1980, 94 Stat. 2207, 2217; Pub. L. 97-72,

title II, Sec. 202(a), Nov. 3, 1981, 95 Stat. 1054; Pub. L. 97-295,

Sec. 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 98-543, title

II, Sec. 211, Oct. 24, 1984, 98 Stat. 2743; Pub. L. 99-576, title

III, Sec. 332, Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101-237,

title IV, Sec. 407(a)(1), (b), Dec. 18, 1989, 103 Stat. 2082; Pub.

L. 102-16, Sec. 9(a), (b), Mar. 22, 1991, 105 Stat. 54; renumbered

Sec. 4214 and amended Pub. L. 102-83, Secs. 2(c)(5), 4(a)(1), (3),

(4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 402-406;

Pub. L. 102-127, Sec. 4, Oct. 10, 1991, 105 Stat. 622; Pub. L.

102-568, title V, Sec. 505, Oct. 29, 1992, 106 Stat. 4340; Pub. L.

107-288, Sec. 2(c)(1)-(3), Nov. 7, 2002, 116 Stat. 2036.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order Numbered 11521 (March 26, 1970), referred to in

subsec. (b)(1), is set out as a note under section 3302 of Title 5,

Government Organization and Employees.

GS-11, referred to in subsec. (b)(1)(A), is contained in the

General Schedule which is set out under section 5332 of Title 5.

Such Act, referred to in subsec. (c), means Pub. L. 93-112, Sept.

26, 1973, 87 Stat. 355, as amended, popularly known as the

Rehabilitation Act of 1973, which is classified principally to

chapter 16 (Sec. 701 et seq.) of Title 29, Labor. For complete

classification of this Act to the Code, see Short Title note set

out under section 701 of Title 29 and Tables.

The civil service law, referred to in subsec. (f), is set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-288, Sec. 2(c)(1), (3)(A)(i),

substituted "life" for "life since veterans, by virtue of their

military service, have lost opportunities to pursue education and

training oriented toward civilian careers" in first sentence,

"uniquely qualified" for "major" in second sentence, and "qualified

covered veterans (as defined in paragraph (2)(B))" for "disabled

veterans and certain veterans of the Vietnam era and of the

post-Vietnam era" in third sentence.

Subsec. (a)(2). Pub. L. 107-288, Sec. 2(c)(3)(A)(ii), amended

par. (2) generally. Prior to amendment, par. (2) read as follows:

"For the purposes of this section, the term 'agency' means a

department, agency, or instrumentality in the executive branch."

Subsec. (b)(1). Pub. L. 107-288, Sec. 2(c)(2)(A), substituted

"recruitment" for "readjustment" in introductory provisions.

Subsec. (b)(2). Pub. L. 107-288, Sec. 2(c)(2)(B), substituted "to

qualified covered veterans." for "to - " and struck out subpars.

(A) and (B) which read as follows:

"(A) a veteran of the Vietnam era; and

"(B) veterans who first became a member of the Armed Forces or

first entered on active duty as a member of the Armed Forces after

May 7, 1975, and were discharged or released from active duty under

conditions other than dishonorable."

Subsec. (b)(3). Pub. L. 107-288, Sec. 2(c)(2)(C), amended par.

(3) generally, substituting present provisions for provisions

limiting reception of appointment to specified time periods.

Subsec. (e)(2)(B)(i). Pub. L. 107-288, Sec. 2(c)(3)(B), struck

out "of the Vietnam era" after "veterans".

Subsec. (g). Pub. L. 107-288, Sec. 2(c)(3)(C), substituted

"qualified covered veterans" for "qualified special disabled

veterans and qualified veterans of the Vietnam era" and "under

section 1712A of this title" for "under section 1712A of this title

to veterans of the Vietnam era".

1992 - Subsec. (b)(2)(A). Pub. L. 102-568, Sec. 505(a), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: "a veteran of the Vietnam era who -

"(i) is 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.; or

"(ii) during such era, served on active duty in the Armed

Forces in a campaign or expedition for which a campaign badge has

been authorized; and".

Subsec. (b)(3)(A)(ii). Pub. L. 102-568, Sec. 505(b)(1),

substituted "1995" for "1993".

Subsec. (b)(3)(B)(ii). Pub. L. 102-568, Sec. 505(b)(2),

substituted "December 31" for "December 18".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 2014 of this

title as this section.

Subsec. (a)(1). Pub. L. 102-16, Sec. 9(a), substituted "The

United States has an obligation to assist veterans of the Armed

Forces in readjusting to civilian life since veterans, by virtue of

their military service, have lost opportunities to pursue education

and training oriented toward civilian careers. The Federal

Government is also continuously concerned with building an

effective work force, and veterans constitute a major recruiting

source. It is, therefore, the policy of the United States" for "It

is the policy of the United States" and "disabled veterans and

certain veterans of the Vietnam era and of the post-Vietnam era"

for "certain veterans of the Vietnam era and veterans of the

post-Vietnam era".

Subsec. (b)(1)(A). Pub. L. 102-16, Sec. 9(b)(1)(A), substituted

"up to and including the level GS-11 or its equivalent" for "up to

and including the level GS-9 or its equivalent or in the case of a

veteran referred to in paragraph (2)(A) of this subsection, the

level of GS-11 or its equivalent".

Subsec. (b)(1)(B) to (D). Pub. L. 102-16, Sec. 9(b)(1)(B), added

cls. (B) to (D), redesignated former cl. (D) as (E), and struck out

former cls. (B) and (C) which read as follows:

"(B) a veteran referred to in paragraph (2) of this subsection

shall be eligible for such an appointment during (i) the four-year

period beginning on the date of the veteran's last discharge or

release from active duty, or (ii) the two-year period beginning on

the date of the enactment of the Veterans Education and Employment

Amendments of 1989, whichever ends later;

"(C) a veteran of the Vietnam era referred to in paragraph (2) of

this subsection who is entitled to disability compensation under

the laws administered by the Veterans' Administration or whose

discharge or release from active duty was for a disability incurred

or aggravated in line of duty shall be eligible for such an

appointment without regard to the number of years of education

completed by such veteran;".

Subsec. (b)(1)(E), (F). Pub. L. 102-16, Sec. 9(b)(1)(C), (D),

redesignated cl. (D) as (E), substituted a period for "; and" at

end, and struck out former cls. (E) and (F) which read as follows:

"(E) the requirement of an educational or training program for a

veteran receiving such an appointment shall not apply if the

veteran has 15 years or more of education; and

"(F) in the case of a veteran who is not a disabled veteran, the

veteran may not have completed more than 16 years of education at

the time of the veteran's appointment."

Subsec. (b)(2)(A)(i). Pub. L. 102-127 substituted "is 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." for "has a

service-connected disability".

Subsec. (b)(2)(B). Pub. L. 102-16, Sec. 9(b)(2), added subpar.

(B) and struck out former subpar. (B) which read as follows: "a

veteran who served on active duty after the Vietnam era."

Subsec. (b)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3011(a)(1)(A)(ii)(III)" for "1411(a)(1)(A)(ii)(III)" and

"3018A(a)(1)" for "1418A(a)(1)" in subpar. (D).

Pub. L. 102-16, Sec. 9(b)(2), added par. (3) and struck out

former par. (3) which read as follows: "For purposes of paragraph

(1)(B)(i) of this subsection, the last discharge or release from a

period of active duty shall not include any discharge or release

from a period of active duty of less than 90 days of continuous

service unless the individual involved is discharged or released

for a service-connected disability, for a medical condition which

preexisted such service and which the Secretary determines is not

service connected, for hardship, or as a result of a reduction in

force as described in section 1411(a)(1)(A)(ii)(III) of this

title."

Subsec. (b)(4). Pub. L. 102-16, Sec. 9(b)(2), struck out par. (4)

which read as follows: "No veterans readjustment appointment may be

made under authority of this subsection after December 31, 1993."

Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" after "with the".

Subsec. (e)(2)(B). Pub. L. 102-83, Sec. 4(a)(1), substituted

"administered by the Secretary" for "administered by the Veterans'

Administration".

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "4211" for

"2011".

Subsec. (g). Pub. L. 102-83, Sec. 5(c)(1), substituted "1712A"

for "612A".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

Pub. L. 102-83, Sec. 2(c)(5), substituted "7722" for "241" and

"7724" for "243".

1989 - Subsec. (a)(1). Pub. L. 101-237, Sec. 407(b)(1),

substituted "certain veterans of the Vietnam era and veterans of

the post-Vietnam era who are qualified for such employment and

advancement" for "qualified disabled veterans and veterans of the

Vietnam era".

Subsec. (b)(1). Pub. L. 101-237, Sec. 407(b)(2)(A)(i),

substituted "veterans referred to in paragraph (2) of this

subsection" for "veterans of the Vietnam era".

Subsec. (b)(1)(A). Pub. L. 101-237, Sec. 407(b)(2)(A)(ii),

inserted before semicolon at end "or in the case of a veteran

referred to in paragraph (2)(A) of this subsection, the level of

GS-11 or its equivalent".

Subsec. (b)(1)(B). Pub. L. 101-237, Sec. 407(b)(2)(A)(iii), added

cl. (B) and struck out former cl. (B) which read as follows: "a

veteran of the Vietnam era shall be eligible for such an

appointment without any time limitation with respect to eligibility

for such an appointment;".

Subsec. (b)(1)(C). Pub. L. 101-237, Sec. 407(b)(2)(A)(iv),

inserted "referred to in paragraph (2) of this subsection" after "a

veteran of the Vietnam era".

Subsec. (b)(1)(E), (F). Pub. L. 101-237, Sec.

407(b)(2)(A)(v)-(vii), added subpars. (E) and (F).

Subsec. (b)(2), (3). Pub. L. 101-237, Sec. 407(b)(2)(B), added

pars. (2) and (3). Former par. (2) redesignated (4).

Subsec. (b)(4). Pub. L. 101-237, Sec. 407(a)(1), redesignated

former par. (2) as (4) and substituted "1993" for "1989".

1986 - Subsec. (b)(2). Pub. L. 99-576 substituted "December 31,

1989" for "September 30, 1986".

1984 - Subsec. (a). Pub. L. 98-543, Sec. 211(a), designated

existing provisions as par. (1) and added par. (2).

Subsec. (b)(1)(A), (D). Pub. L. 98-543, Sec. 211(b)(1),

substituted "GS-9" for "GS-7" in subpar. (A) and added subpar. (D).

Subsec. (b)(2). Pub. L. 98-543, Sec. 211(b)(2), substituted

"September 30, 1986" for "September 30, 1984".

Subsec. (c). Pub. L. 98-543, Sec. 211(c), substituted "agency"

for "department, agency, and instrumentality in the executive

branch" and "such agency" for "such department, agency, or

instrumentality".

Subsec. (d). Pub. L. 98-543, Sec. 211(d), substituted "annual"

for "semiannual" in second sentence and struck out provisions

listing information to be included in the report.

Subsec. (e). Pub. L. 98-543, Sec. 211(d), substituted provisions

listing information to be included with respect to each agency and

setting forth to whom the information shall be shown for provisions

which set forth reporting requirements regarding the employment of

the handicapped.

1982 - Subsec. (c). Pub. L. 97-295 substituted "Health and Human

Services" for "Health, Education, and Welfare".

1981 - Subsec. (b)(2). Pub. L. 97-72 substituted "September 30,

1984" for "September 30, 1981".

1980 - Subsec. (b)(1). Pub. L. 96-466, Sec. 801(l)(1),

substituted "Office of Personnel Management" for "Civil Service

Commission".

Subsec. (b)(2), (3). Pub. L. 96-466, Sec. 801(l)(2), redesignated

par. (3) as (2). Former par. (2), which provided that in this

subsection "veteran of the Vietnam era" had the meaning given such

term in section 2011(2)(A) of this title, was struck out.

Subsec. (c). Pub. L. 96-466, Sec. 801(l)(1), (3), substituted

"the Rehabilitation Act of 1973 (29 U.S.C. 791(b))" for "Public Law

93-112 (87 Stat. 391)" and "Office of Personnel Management" for

"Civil Service Commission".

Subsec. (d). Pub. L. 96-466, Sec. 801(l)(1), substituted "Office

of Personnel Management" and "Office" for "Civil Service

Commission" and "Commission", respectively.

Subsec. (e). Pub. L. 96-466, Sec. 801(l)(1), (4), substituted

"Office of Personnel Management" and "Office" for "Civil Service

Commission" and "Commission", respectively, and "the Rehabilitation

Act of 1973 (29 U.S.C. 791(d))" for "such Public Law 93-112".

Subsec. (g). Pub. L. 96-466, Sec. 510, added subsec. (g).

1978 - Subsec. (b). Pub. L. 95-520, Sec. 6(b)(1), incorporated

part of existing text in provisions designated par. (1), designated

part of existing provision as item (A), increasing appointments to

level GS-7 from GS-5, added items (B) and (C) and par. (2),

designated part of existing text as par. (3), substituting Sept.

30, 1981, for June 30, 1978, as cut off date for veterans

readjustment appointments, and struck out provisions: that in

applying the one-year period of eligibility specified in section

2(a) of Ex. Ord. No. 11521 to a veteran or disabled veteran who

enrolled, within one year following separation from the Armed

Forces or following release from hospitalization or treatment

following such separation in a program of education on more than a

half-time basis, the time spent in such program of education was

not to be counted; that the eligibility of the veteran for a

readjustment appointment was to continue for not less than six

months after the veteran first ceased to be enrolled therein on

more than a half-time basis; and that directed the Chairman of the

Civil Service Commission to report on the need for the continuation

after June 30, 1978, of the authority for veterans readjustment

appointments contained in subsec. (b), with the report to be

submitted to the President and Congress not later than six months

after enactment of the GI Bill Improvement Act of 1977 on Nov. 23,

1977.

Subsec. (d). Pub. L. 95-520, Sec. 6(b)(2), substituted in second

sentence "subsection (c) of this section" for "subsection (c)

thereof" and inserted requirement that reports include certain

prescribed information.

Subsec. (f). Pub. L. 95-520, Sec. 6(b)(3), substituted "as used

in subsection (a) of this section" for "as used in this section".

1977 - Subsec. (b). Pub. L. 95-202 inserted provision directing

Chairman of Civil Service Commission to report on need for

continuation after June 30, 1978, of authority for veterans

readjustment appointments contained in subsec. (b), with the report

to be submitted to President and Congress not later than six months

after enactment of GI Bill Improvement Act of 1977.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-288, Sec. 2(c)(4), Nov. 7, 2002, 116 Stat. 2036,

provided that: "The amendments made by this subsection [amending

this section] shall apply to qualified covered veterans without

regard to any limitation relating to the date of the veteran's last

discharge or release from active duty that may have otherwise

applied under section 4214(b)(3) as in effect on the date before

the date of the enactment of this Act [Nov. 7, 2002]."

EFFECTIVE DATE OF 1991 AMENDMENT

Section 9(d) of Pub. L. 102-16, as amended by Pub. L. 102-86,

title V, Sec. 506(c), Aug. 14, 1991, 105 Stat. 426; Pub. L.

103-353, Sec. 6(a), Oct. 13, 1994, 108 Stat. 3174, provided that:

"The amendments made by this section [amending this section] shall

apply only to appointments made after the date of the enactment of

this Act [Mar. 22, 1991]."

[Section 6(b) of Pub. L. 103-353 provided that: "The amendment

made by subsection (a) [amending section 9(d) of Pub. L. 102-16,

set out above] shall take effect as if included in Public Law

102-16 to which such amendment relates."]

[Section 506(c) of Pub. L. 102-86 provided that the amendment

made by that section to section 9(d) of Pub. L. 102-16, set out

above, is effective as of Mar. 22, 1991.]

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-237 effective Jan. 1, 1990, see section

407(c) of Pub. L. 101-237, set out as a note under section 4211 of

this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 202(b) of Pub. L. 97-72 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect as

of October 1, 1981."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 510 of Pub. L. 96-466 effective Oct. 1,

1980, see section 802(e) of Pub. L. 96-466, set out as a note under

section 4101 of this title.

Amendment by section 801(l) of 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 OF 1977 AMENDMENT

Amendment by Pub. L. 95-202 effective Nov. 23, 1977, see section

501 of Pub. L. 95-202, set out as a note under section 101 of this

title.

EFFECTIVE DATE

Section effective Dec. 3, 1974, see section 503 of Pub. L.

93-508, set out as an Effective Date of 1974 Amendment note under

section 3452 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (e) of this section, see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and page 188 of House Document No. 103-7.

CONTENTS OF REPORTS ON VETERANS' READJUSTMENT APPOINTMENTS

Pub. L. 95-454, title III, Sec. 307(b)(2), Oct. 13, 1978, 92

Stat. 1147, as amended by Pub. L. 102-83, Sec. 5(c)(2), Aug. 6,

1991, 105 Stat. 406, provided that: "The Director of the Office of

Personnel Management shall include in the reports required by

section 4214(d) [formerly 2014(d)] of title 38, United States Code,

the same type of information regarding the use of the authority

provided in section 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."

-End-

-CITE-

38 USC Sec. 4215 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 42 - EMPLOYMENT AND TRAINING OF VETERANS

-HEAD-

Sec. 4215. Priority of service for veterans in Department of Labor

job training programs

-STATUTE-

(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 individuals:

(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

section, is listed, pursuant to section 556 of title 37 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 90 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.

(iii) Any veteran who has a total disability resulting from

a service-connected disability.

(iv) Any veteran who died while a disability so evaluated

was in existence.

(2) The term "qualified job training program" means any

workforce preparation, development, or delivery program or

service that is directly funded, in whole or in part, by the

Department of Labor and includes the following:

(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, a demonstration or other temporary

program, and those programs implemented 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 program, that a covered person shall be

given priority over nonveterans for the receipt of employment,

training, and placement services provided under that program,

notwithstanding any other provision of law.

(b) Entitlement to Priority of Service. - (1) A covered person is

entitled to priority of service under any qualified job training

program if the person otherwise meets the eligibility requirements

for participation in such program.

(2) The Secretary of Labor may establish priorities 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 determines appropriate.

(c) Administration of Programs at State and Local Levels. - An

entity of a State or a political subdivision of the State that

administers or delivers services under a qualified job training

program shall -

(1) provide information and priority of service 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 applies 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. - 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 qualified job training

programs, and whether the representation 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.

-SOURCE-

(Added Pub. L. 107-288, Sec. 2(a)(1), Nov. 7, 2002, 116 Stat.

2033.)

-REFTEXT-

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, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 9201 of Title 20, Education,

and Tables.

-MISC1-

REQUIREMENT TO PROMPTLY ESTABLISH ONE-STOP EMPLOYMENT SERVICES

Pub. L. 107-288, Sec. 4(c), Nov. 7, 2002, 116 Stat. 2044,

provided that: "By not later than 18 months after the date of the

enactment of this Act [Nov. 7, 2002], the Secretary of Labor shall

provide one-stop services and assistance to covered persons

electronically by means of the Internet, as defined in section

231(e)(3) of the Communications Act of 1934 [47 U.S.C. 231(e)(3)],

and such other electronic means to enhance the delivery of such

services and assistance."

-End-