§ 4214. — Employment within the Federal Government.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC4214]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 42--EMPLOYMENT AND TRAINING OF VETERANS
Sec. 4214. Employment within the Federal Government
(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.
(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.)
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.
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.''
