§ 4211. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Veterans’ Employment and Readjustment Act of 1972

   Pub. L. 92–540 title V § 503(a) · 86 Stat. 1074

   Enacted · 38 U.S.C. § 4211

   Added Pub. L. 92–540, title V, § 503(a), Oct. 24, 1972, 86 Stat. 1097, § 2011

   Source evidence

   Code source credit
   Added Pub. L. 92–540, title V, § 503(a), Oct. 24, 1972, 86 Stat. 1097, § 2011

   Enacted provision · exact public law section
   (a) Part III of title 38, United States Code, is amended 72 Stat. 1170; Ante, p. 1094. 38 USC 1501. by adding at the end thereof a new chapter as follows: “Chapter 42.— EMPLOYMENT AND TRAINING OF DISABLED AND VIETNAM ERA VETERANS “Sec. “2011. Definitions. “2012. Veterans’ employment emphasis under Federal contracts. “2013. Eligibility requirements for veterans under certain Federal manpower training programs. “§ 2011. Definitions “As used in this chapter— “(1) The term ‘disabled veteran’ means a person entitled to dis-ability compensation under laws administered by the Veterans’ Administration for a disability rated at 30 per centum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. “(2) The term ‘veteran of the Vietnam era’ means a person (A) who (i) served on active duty for a period of more than 180 days, any part of which occurred during the Vietnam era, and was dis-charged or released therefrom with other than a dishonorable dis-charge, or (ii) was discharged or released from active duty for a service-connected disability if any part of such active duty was per-formed during the Vietnam era, and (B) who was so discharged or released within the 48 months preceding his application for employment covered under this chapter. “(3) The term ‘department and agency’ means any department or agency of the Federal Government or any federally owned corporation. “§ 2012. Veterans’ employment emphasis under Federal contracts “(a) Any contract 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 pro-vision requiring that, in employing persons to carry out such contract, the party contracting with the United States shall give special emphasis to the employment of qualified disabled veterans and veterans of the Vietnam era. 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. The President shall implement the provisions of this section by promulgating regulations within 60 days after the date of enactment of this section, which regulations shall require that (1) each such contractor undertake in such contract to list immediately with the appropriate local employment service office all of its suitable employment openings, and (2) each such local office shall give such veterans priority in referral to such employment openings. “(b) If any disabled veteran or veteran of the Vietnam era believes any contractor has failed or refuses to comply with the provisions of his contract with the United States, relating to giving special emphasis in employment to veterans, such veteran may file a complaint with the Veterans’ Employment Service of the Department of Labor. Such complaint shall be promptly referred to the Secretary who shall promptly investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of such contract and the laws and regulations applicable thereto. “§ 2013. Eligibility requirements for veterans under certain Federal manpower training programs “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 3a USC 301, 401, 1501, 1651, 1700, 1770. 72 Stat. 1106. 11, 13, 31, 34, 35, and 36 of this title by 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 amounts received by an eligible person under chapters 13 and 35 of such title, shall be disregarded in determining the needs or qualifications of participants in any public service employment program, any emergency employment program, any job training program assisted under the Economic Opportunity 78 Stat. 508. 42 USC 2701 note. 76 Stat. 23. 42 USC 2571 note. Act of 1964, any manpower training program assisted under the Manpower Development and Training Act of 1962, or any other manpower training (or related) program financed in whole or in part with Federal funds.”

2. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 title VI § 607(1) · 90 Stat. 2383

   Substituted · 38 U.S.C. § 4211(2)

   Pub. L. 94–502 substituted “the person’s” for “his”

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 94–502 substituted “the person’s” for “his”.

   Enacted provision · exact public law section
   (1) by striking out in section 2011(2) “his” and inserting 38 USC 2011. in lieu thereof “the person’s”; and

3. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 title V § 508 · 94 Stat. 2171

   Substituted · 38 U.S.C. § 4211

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 508. eligibility for employment and training programs for veterans of the vietnam era The text of section 2011 is amended to read as follows: “As used in this chapter— “(1) The term ‘special disabled veteran’ means (A) a veteran who is entitled to compensation under laws administered by the Veterans’ Administration for a disability rated at 30 percent or more, or (B) a person who was discharged or released from active duty because of a service-connected disability. “(2) (A) Subject to subparagraph (B) of this paragraph, 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. “(B) No veteran may be considered to be a veteran of the Vietnam era under this paragraph after December 31, 1991. “(3) The term ‘disabled veteran’ means (A) a veteran who is entitled to compensation under laws administered by the Veterans’ Administration, 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, or (B) was discharged or released from active duty because of a service-connected disability. “(5) The term ‘department or agency’ means any agency of the Federal Government or the District of Columbia, including any 5 USC 105. Executive agency as defined in section 105 of title 5.”.

4. 1982

   Veterans’ Compensation, Education, and Employment Amendments of 1982

   Pub. L. 97–306 § 309(1) · 96 Stat. 1429

   Inserted · 38 U.S.C. § 4211(1); 38 U.S.C. § 4211(3)

   Pub. L. 97–306, § 309(1), inserted “(or who but for the receipt of military retired pay would be entitled to compensation)” after “compensation”

   Source evidence

   Code amendment note
   Pars. (1), (3). Pub. L. 97–306, § 309(1), inserted “(or who but for the receipt of military retired pay would be entitled to compensation)” after “compensation”.

   Enacted provision · exact public law section
   (1) by inserting “(or who but for the receipt of military retired pay would be entitled to compensation)” in clauses (1) and (3) after “compensation”; and

5. 1982

   Veterans’ Compensation, Education, and Employment Amendments of 1982

   Pub. L. 97–306 § 309(2) · 96 Stat. 1429

   Inserted · 38 U.S.C. § 4211(5)

   Pub. L. 97–306, § 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

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 97–306, § 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.

   Enacted provision · exact public law section
   (2) by striking out the period at the end of clause (5) and Definition. inserting in lieu thereof “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. 1984

   Veterans’ Compensation and Program Improvements Amendments of 1984

   Pub. L. 98–223 title II § 206 · 98 Stat. 37

   Changed · 38 U.S.C. § 4211(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 206. employment emphasis under federal contracts for veterans with serious employment handicaps Section 2011(1) is amended to read as follows: 38 USC 2011. “(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 Veterans’ Administration 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 1506 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.”.

7. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 title IV § 407(a)(2) · 103 Stat. 2062

   Inserted · 38 U.S.C. § 4211(2)(B)

   Pub. L. 101–237 inserted before period at end “except for purposes of section 2014 of this title”

   Source evidence

   Code amendment note
   Par. (2)(B). Pub. L. 101–237 inserted before period at end “except for purposes of section 2014 of this title”.

   Enacted provision · exact public law section
   (2) Section 2011(2)(B) is amended by inserting before the period the following: “except for purposes of section 2014 of this title”.

8. 1991

   Pub. L. 102–16 § 1 · 105 Stat. 48

   Substituted · 38 U.S.C. § 4211(2)(B)

   Pub. L. 102–16 substituted “1994” for “1991”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–16 substituted “1994” for “1991”.

   Enacted provision · exact public law section
   SECTION 1. EXTENSION. Section 2011(2)(B) of title 38, United States Code, is amended by striking out “1991” and inserting in lieu thereof “1994”.

9. 1991

   Pub. L. 102–54 § 14(c)(9) · 105 Stat. 267

   Inserted · 38 U.S.C. § 4211(2)(B)

   Pub. L. 102–54 inserted comma before “except for purposes”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–54 inserted comma before “except for purposes”.

   Enacted provision · exact public law section
   (9) Section 2011(2)(B) is amended by inserting a comma before “except for”.

10. 1991

    Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 4211

    Pub. L. 102–83, § 5(a), renumbered section 2011 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 2011 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

11. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 4211(1)(A)

    Pub. L. 102–83, § 5(c)(1), substituted “3106” for “1506” in cl. (ii)

    Source evidence

    Code amendment note
    Par. (1)(A). Pub. L. 102–83, § 5(c)(1), substituted “3106” for “1506” in cl. (ii).

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

12. 1991

    Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 4211(1)(A)

    Pub. L. 102–83, § 4(a)(1), substituted “laws administered by the Secretary” for “laws administered by the Veterans’ Administration” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(1), substituted “laws administered by the Secretary” for “laws administered by the Veterans’ Administration” in introductory provisions.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

13. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 4211(2)(B)

    Pub. L. 102–83, § 5(c)(1), substituted “4214” for “2014”

    Source evidence

    Code amendment note
    Par. (2)(B). Pub. L. 102–83, § 5(c)(1), substituted “4214” for “2014”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

14. 1991

    Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 4211(3)

    Pub. L. 102–83, § 4(a)(1), substituted “laws administered by the Secretary” for “laws administered by the Veterans’ Administration”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 102–83, § 4(a)(1), substituted “laws administered by the Secretary” for “laws administered by the Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

15. 1991

    Veterans’ Educational Assistance Amendments of 1991

    Pub. L. 102–127 § 5 · 105 Stat. 619

    Amended · 38 U.S.C. § 4211(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 5. ELIGIBILITY OF MEMBERS OF A RESERVE COMPONENT FOR EMPLOYMENT AND TRAINING ASSISTANCE. Section 4211(4) of title 38, United States Code, is amended to read as follows: “(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 672 (a), (d), or (g), 673, or 673b 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.”.

16. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 title V § 502 · 106 Stat. 4320

    1. Substituted · 38 U.S.C. § 4211(2)

       Pub. L. 102–568 substituted “The term” for “(A) Subject to subparagraph (B) of this paragraph, the term”

    2. Struck · 38 U.S.C. § 4211(2)

       Pub. L. 102–568 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 502. REPEAL OF DELIMITING DATE RELATING TO TREATMENT OF VETERANS OF THE VIETNAM ERA FOR DISABLED VETERANS’ OUTREACH PROGRAM PURPOSES. Section 4211(2) is amended— (1) in subparagraph (A), by striking out “(A) Subject to subparagraph (B) of this paragraph, the term” and inserting in lieu thereof “The term”; and (2) by striking out subparagraph (B).

17. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title XV § 1501(e)(2)(D) · 110 Stat. 186

    Substituted · 38 U.S.C. § 4211(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (D) in section 4211(4)(C), by striking out “section 672(a), (d), or (g), 673, or 673b of title 10” and inserting in lieu thereof “section 12301(a), (d), or (g), 12302, or 12304 of title 10”.

18. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title III § 322(c) · 114 Stat. 1822

    Added · 38 U.S.C. § 4211(6)

    Pub. L. 106–419 added par. (6)

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 106–419 added par. (6).

    Enacted provision · exact public law section
    (c) Recently Separated Veteran Defined.— Section 4211 is amended by adding at the end the following new paragraph: “(6) The term ‘recently separated veteran’ means any veteran during the one-year period beginning on the date of such veteran’s discharge or release from active duty.”.

19. 2002

    Jobs for 38 usc 101 note. Veterans Act

    Pub. L. 107–288 § 2(b)(2)(D) · 116 Stat. 2033

    Substituted · 38 U.S.C. § 4211(6)

    Pub. L. 107–288 substituted “three-year period” for “one-year period”

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 107–288 substituted “three-year period” for “one-year period”.

    Enacted provision · exact public law section
    (D) Section 4211(6) is amended by striking “one-year period” and inserting “three-year period”.

20. 2006

    Pub. L. 109–435 title VI § 604(f) · 120 Stat. 3198

    Substituted · 38 U.S.C. § 4211(5)

    Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission” in two places

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission” in two places.

    Enacted provision · exact public law section
    (f) Other References.— Whenever a reference is made in any provision of law (other than this Act or a provision of law amended by this Act), regulation, rule, document, or other record of the United States to the Postal Rate Commission, such reference shall be considered a reference to the Postal Regulatory Commission.

21. 2008

    Hubbard Act

    Pub. L. 110–317 § 6(b) · 122 Stat. 3526

    Added · 38 U.S.C. § 4211(4)(D)

    Pub. L. 110–317 added subpar. (D)

    Source evidence

    Code amendment note
    Par. (4)(D). Pub. L. 110–317 added subpar. (D).

    Enacted provision · exact public law section
    (b) Employment and Training.— Section 4211(4) of such title is amended— (1) in subparagraph (B), by striking “or” at the end; (2) in subparagraph (C), by striking the period at the end and inserting “; or”; and (3) by adding at the end the following new subparagraph: “(D) was discharged or released from active duty by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10).” .

    Effective date note
    Amendment by Pub. L. 110–317 applicable with respect to any sole survivorship discharge granted after Sept. 11, 2001, see section 10 of Pub. L. 110–317, set out as a note under section 2108 of Title 5, Government Organization and Employees.

22 of 22 references resolved to an enrolled provision