§ 4213. Eligibility requirements for veterans under Federal employment and training programs

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. § 4213

   Added Pub. L. 92–540, title V, § 503(a), Oct. 24, 1972, 86 Stat. 1098, § 2013

   Source evidence

   Code source credit
   Added Pub. L. 92–540, title V, § 503(a), Oct. 24, 1972, 86 Stat. 1098, § 2013

   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. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 title VIII § 801(k)(1) · 94 Stat. 2171

   1. Substituted · 38 U.S.C. § 4213

      Pub. L. 96–466 substituted “Federal employment and” for “certain Federal manpower” in section catchline

   2. Substituted · 38 U.S.C. § 4213

      Pub. L. 96–466 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” in text

   3. Substituted · 38 U.S.C. § 4213

      Pub. L. 96–466 substituted “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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) Section 2013 is amended by— 38 USC 2013. (A) striking out “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 inserting in lieu thereof “an eligible veteran”; and (B) striking out “any manpower training program assisted under the Manpower Development and Training Act of 1962, or any other manpower” and inserting in lieu thereof “any employment or training program assisted under the Comprehensive Employment and Training Act, or any other employment or”.

3. 1991

   Pub. L. 102–54 § 14(c)(10) · 105 Stat. 267

   Substituted · 38 U.S.C. § 4213

   Pub. L. 102–54 substituted “the Job Training Partnership Act (29 U.S.C. 1501 et seq.)” for “the Comprehensive Employment and Training Act”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–54 substituted “the Job Training Partnership Act (29 U.S.C. 1501 et seq.)” for “the Comprehensive Employment and Training Act”.

   Enacted provision · exact public law section
   (10) Section 2013 is amended by striking out “the Comprehensive Employment and Training Act” and inserting in lieu thereof “the Job Training Partnership Act (29 U.S.C. 1501 et seq.)”.

4. 1991

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

   Changed · 38 U.S.C. § 4213

   Pub. L. 102–83 renumbered section 2013 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83 renumbered section 2013 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.

5. 1994

   Veterans’ Benefits Improvements Act of 1994

   Pub. L. 103–446 § 702(b)(3) · 108 Stat. 4645

   Substituted · 38 U.S.C. § 4213

   Pub. L. 103–446, § 702(b)(3), substituted “eligibility under” for “the needs or qualifications of participants in”

   Source evidence

   Code amendment note
   Pub. L. 103–446, § 702(b)(3), substituted “eligibility under” for “the needs or qualifications of participants in”.

   Enacted provision · exact public law section
   (3) by striking out “the needs or qualifications of participants in” and inserting in lieu thereof “eligibility under”.

6. 1994

   Veterans’ Benefits Improvements Act of 1994

   Pub. L. 103–446 § 702(b)(2) · 108 Stat. 4645

   Changed · 38 U.S.C. § 4213

   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 probable intent of Congress

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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 probable intent of Congress.

   Enacted provision · exact public law section
   (2) by inserting “and any amounts received by an eligible person under chapter 106 of title 10,” after “chapters 13 and 35 of such title, and”; and

7. 1994

   Veterans’ Benefits Improvements Act of 1994

   Pub. L. 103–446 § 702(b)(1) · 108 Stat. 4645

   Substituted · 38 U.S.C. § 4213

   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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) by striking out “chapters 11, 13, 31, 34, 35, and 36 of this title by an eligible veteran and” and inserting in lieu thereof “chapters 11, 13, 30, 31, 35, and 36 of this title by an eligible veteran,”;

8. 1998

   Pub. L. 105–277 § 101(f)(tVIII)(s405)(f)(21)(C) · 112 Stat. 2681

   Struck · 38 U.S.C. § 4213

   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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

9. 1998

   Pub. L. 105–277 § 101(f)(tVIII)(s405)(d)(29)(C) · 112 Stat. 2681

   Substituted · 38 U.S.C. § 4213

   Pub. L. 105–277, § 101(f) [title VIII, § 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.),”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 105–277, § 101(f) [title VIII, § 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.),”.

   Enacted provision · exact public law section
   Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

10. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title IV § 404(a)(9) · 114 Stat. 1822

    Amended · 38 U.S.C. § 4213

    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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (9) The text of section 4213 is amended to read as follows: “(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.”.

11. 2014

    Workforce Innovation and Opportunity Act

    Pub. L. 113–128 title V § 512(gg)(5) · 128 Stat. 1425

    Substituted · 38 U.S.C. § 4213(a)(4)

    Pub. L. 113–128 substituted “Any employment or training program carried out under 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.)”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 113–128 substituted “Any employment or training program carried out under 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.)”.

    Enacted provision · exact public law section
    (5) Section 4213(a)(4) of title 38 of the United States Code is amended by striking “Any employment or training program carried out under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)” and inserting “Any employment or training program carried out under title I of the Workforce Innovation and Opportunity Act”.

    Effective date note
    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.

13 of 13 references resolved to an enrolled provision