§ 4213. — Eligibility requirements for veterans under Federal employment and training programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC4213]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 42--EMPLOYMENT AND TRAINING OF VETERANS
Sec. 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 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.
(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.)
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.
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.
