38 U.S.C. § 4213

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 4213 - Eligibility requirements for veterans under Federal employment and training programs
(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 Innovation and Opportunity Act.
(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.

38 U.S.C. § 4213

Added Pub. L. 92-540, title V, §503(a), Oct. 24, 1972, 86 Stat. 1098, §2013; amended Pub. L. 96-466, title VIII, §801(k)(1), (2) (A), Oct. 17, 1980, 94 Stat. 2217; Pub. L. 102-54, §14(c)(10), June 13, 1991, 105 Stat. 285; renumbered § 4213,Pub. L. 102-83, §5(a)4213,, 105 Stat. 406; Pub. L. 103-446, title VII, §702(b), Nov. 2, 1994, 108 Stat. 4675; Pub. L. 105-277, div. A, §101(f) [title VIII, §405(d)(29)(C), (f)(21)(C)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-424, 2681-432; Pub. L. 106-419, title IV, §404(a)(9), Nov. 1, 2000, 114 Stat. 1865; Pub. L. 113-128, title V, §512(gg)(5), July 22, 2014, 128 Stat. 1720.

EDITORIAL NOTES

REFERENCES IN TEXTThe Economic Opportunity Act of 1964, referred to in subsec. (a)(3), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, which was classified generally to chapter 34 (§2701 et seq.) of Title 42, The Public Health and Welfare, prior to repeal, except for titles VIII and X, by Pub. L. 97-35, title VI, §683(a), Aug. 13, 1981, 95 Stat. 519. Titles VIII and X of the Act are classified generally to subchapters VIII (§2991 et seq.) and X (§2996 et seq.) of chapter 34 of Title 42. For complete classification of this Act to the Code, see Tables. The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(4), is Pub. L. 113-128, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

AMENDMENTS2014-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.)". 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, §101(f) [title VIII, §405(f)(21)(C)], struck out "the Job Training Partnership Act or" after "program carried out under". Pub. L. 105-277, §101(f) [title VIII, §405(d)(29)(C)], 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, §702(b)(3), substituted "eligibility under" for "the needs or qualifications of participants in". Pub. L. 103-446, §702(b)(2), which directed insertion of "and any amounts received by an eligible person under chapter 106 of title 10," after "chapters 13 and 35 of such title, and", was executed by making the insertion after "chapters 13 and 35 of such title," to reflect the probable intent of Congress. Pub. L. 103-446, §702(b)(1), which directed substitution of "chapters 11, 13, 30, 31, 35, and 36 of this title by an eligible veteran," for "chapters 11, 13, 31, 34, 35, and 36 of this title by an eligible veteran and", was executed by making the substitution for "chapters 11, 13, 31, 34, 35, and 36 of this title by an eligible veteran, and" to reflect the probable intent of Congress. 1991- Pub. L. 102-83 renumbered section 2013 of this title as this section. Pub. L. 102-54 substituted "the Job Training 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.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113-128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113-128 set out as an Effective Date note under section 3101 of Title 29, Labor.

EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 101(f) [title VIII, §405(d)(29)(C)] of Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, §405(f)(21)(C)] of Pub. L. 105-277 effective July 1, 2000, see section 101(f) [title VIII, §405(g)(1), (2)(B)] of Pub. L. 105-277 set out as a note under section 3502 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section 802(h) of Pub. L. 96-466 set out as a note under section 3452 of this title.

EFFECTIVE DATESection 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.

eligible veteran
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;(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; or(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).