38 Usc 4212

TITLE 38—VETERANS’ BENEFITS

§ 4212

Pub. L. 97–306, title III, § 309, Oct. 14, 1982, 96
Stat. 1441; Pub. L. 98–223, title II, § 206, Mar. 2,
1984, 98 Stat. 43; Pub. L. 101–237, title IV,
§ 407(a)(2), Dec. 18, 1989, 103 Stat. 2082; Pub. L.
102–16, § 1, Mar. 22, 1991, 105 Stat. 48; Pub. L.
102–54, § 14(c)(9), June 13, 1991, 105 Stat. 285; renumbered § 4211 and amended Pub. L. 102–83,
§§ 4(a)(1), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403,
406; Pub. L. 102–127, § 5, Oct. 10, 1991, 105 Stat. 622;
Pub. L. 102–568, title V, § 502, Oct. 29, 1992, 106
Stat. 4340; Pub. L. 104–106, div. A, title XV,
§ 1501(e)(2)(D), Feb. 10, 1996, 110 Stat. 501; Pub. L.
106–419, title III, § 322(c), Nov. 1, 2000, 114 Stat.
1855; Pub. L. 107–288, § 2(b)(2)(D), Nov. 7, 2002, 116
Stat. 2036; Pub. L. 109–435, title VI, § 604(f), Dec.
20, 2006, 120 Stat. 3242; Pub. L. 110–317, § 6(b), Aug.
29, 2008, 122 Stat. 3528.)
AMENDMENTS
2008—Par. (4)(D). Pub. L. 110–317 added subpar. (D).
2006—Par. (5). Pub. L. 109–435 substituted ‘‘Postal
Regulatory Commission’’ for ‘‘Postal Rate Commission’’ in two places.
2002—Par. (6). Pub. L. 107–288 substituted ‘‘three-year
period’’ for ‘‘one-year period’’.
2000—Par. (6). Pub. L. 106–419 added par. (6).
1996—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’’.
1992—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.’’
1991—Pub. L. 102–83, § 5(a), renumbered section 2011 of
this title as this section.
Par. (1)(A). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3106’’
for ‘‘1506’’ in cl. (ii).
Pub. L. 102–83, § 4(a)(1), substituted ‘‘laws administered by the Secretary’’ for ‘‘laws administered by the
Veterans’ Administration’’ in introductory provisions.
Par. (2)(B). Pub. L. 102–83, § 5(c)(1), substituted ‘‘4214’’
for ‘‘2014’’.
Pub. L. 102–54 inserted comma before ‘‘except for purposes’’.
Pub. L. 102–16 substituted ‘‘1994’’ for ‘‘1991’’.
Par. (3). Pub. L. 102–83, § 4(a)(1), substituted ‘‘laws administered by the Secretary’’ for ‘‘laws administered
by the Veterans’ Administration’’.
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.’’
1989—Par. (2)(B). Pub. L. 101–237 inserted before period at end ‘‘except for purposes of section 2014 of this
title’’.
1984—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.
1982—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’’.
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.

Page 804

1980—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 serviceconnected 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.
1976—Par. (2). Pub. L. 94–502 substituted ‘‘the person’s’’ for ‘‘his’’.
EFFECTIVE DATE OF 2008 AMENDMENT
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.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–288, § 2(b)(3), Nov. 7, 2002, 116 Stat. 2036,
provided that: ‘‘The amendments made by this subsection [amending this section and section 4212 of this
title] shall apply with respect to contracts entered into
on or after the first day of the first month that begins
12 months after the date of the enactment of this Act
[Nov. 7, 2002].’’
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–106 effective as if included
in the Reserve Officer Personnel Management Act, title
XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see
section 1501(f)(3) of Pub. L. 104–106, set out as a note
under section 113 of Title 10, Armed Forces.
EFFECTIVE DATE OF 1989 AMENDMENT
Pub. L. 101–237, title IV, § 407(c), Dec. 18, 1989, 103 Stat.
2083, provided that: ‘‘The amendments made by this
section [amending this section and section 2014 [now
4214] of this title] shall take effect on January 1, 1990.’’
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by 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.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–502 effective Dec. 1, 1976,
see section 703(c) of Pub. L. 94–502, set out as an Effective Date note under section 3693 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.

§ 4212. Veterans’ employment emphasis under
Federal contracts
(a)(1) Any contract in the amount of $100,000 or
more entered into by any department or agency

Page 805

TITLE 38—VETERANS’ BENEFITS

of the United States for the procurement of personal property and nonpersonal services (including construction) for the United States, shall
contain a provision requiring that the party
contracting with the United States take affirmative action to employ and advance in employment qualified covered veterans. This section
applies to any subcontract in the amount of
$100,000 or more entered into by a prime contractor in carrying out any such contract.
(2) In addition to requiring affirmative action
to employ such qualified covered veterans under
such contracts and subcontracts and in order to
promote the implementation of such requirement, the Secretary of Labor shall prescribe
regulations requiring that—
(A) each such contractor for each such contract shall immediately list all of its employment openings with the appropriate employment service delivery system (as defined in
section 4101(7) of this title), and may also list
such openings with one-stop career centers
under the Workforce Investment Act of 1998,1
other appropriate service delivery points, or
America’s Job Bank (or any additional or subsequent national electronic job bank established by the Department of Labor), except
that the contractor may exclude openings for
executive and senior management positions
and positions which are to be filled from within the contractor’s organization and positions
lasting three days or less;
(B) each such employment service delivery
system shall give such qualified covered veterans priority in referral to such employment
openings; and
(C) each such employment service delivery
system shall provide a list of such employment openings to States, political subdivisions
of States, or any private entities or organizations under contract to carry out employment,
training, and placement services under chapter 41 of this title.
(3) In this section:
(A) The term ‘‘covered veteran’’ means any
of the following veterans:
(i) Disabled veterans.
(ii) Veterans who served on active duty in
the Armed Forces during a war or in a campaign or expedition for which a campaign
badge has been authorized.
(iii) Veterans who, while serving on active
duty in the Armed Forces, participated in a
United States military operation for which
an Armed Forces service medal was awarded
pursuant to Executive Order No. 12985 (61
Fed. Reg. 1209).
(iv) Recently separated veterans.
(B) The term ‘‘qualified’’, with respect to an
employment position, means having the ability to perform the essential functions of the
position with or without reasonable accommodation for an individual with a disability.
(b) If any veteran covered by the first sentence
of subsection (a) believes any contractor of the
United States has failed to comply or refuses to
comply with the provisions of the contractor’s
contract relating to the employment of veter-

§ 4212

ans, the veteran may file a complaint with the
Secretary of Labor, who shall promptly investigate such complaint and take appropriate action in accordance with the terms of the contract and applicable laws and regulations.
(c) The Secretary of Labor shall include as
part of the annual report required by section
4107(c) of this title the number of complaints
filed pursuant to subsection (b) of this section,
the actions taken thereon and the resolutions
thereof. Such report shall also include the number of contractors listing employment openings,
the nature, types, and number of positions listed
and the number of veterans receiving priority
pursuant to subsection (a)(2)(B).
(d)(1) Each contractor to whom subsection (a)
applies shall, in accordance with regulations
which the Secretary of Labor shall prescribe, report at least annually to the Secretary of Labor
on—
(A) the number of employees in the workforce of such contractor, by job category and
hiring location, and the number of such employees, by job category and hiring location,
who are qualified covered veterans;
(B) the total number of new employees hired
by the contractor during the period covered by
the report and the number of such employees
who are qualified covered veterans; and
(C) the maximum number and the minimum
number of employees of such contractor during the period covered by the report.
(2) The Secretary of Labor shall ensure that
the administration of the reporting requirement
under paragraph (1) is coordinated with respect
to any requirement for the contractor to make
any other report to the Secretary of Labor.
(3) The Secretary of Labor shall establish and
maintain an Internet website on which the Secretary of Labor shall publicly disclose the information reported to the Secretary of Labor by
contractors under paragraph (1).
(Added Pub. L. 92–540, title V, § 503(a), Oct. 24,
1972, 86 Stat. 1097, § 2012; amended Pub. L. 93–508,
title IV, § 402, Dec. 3, 1974, 88 Stat. 1593; Pub. L.
94–502, title VI, §§ 605, 607(2), Oct. 15, 1976, 90 Stat.
2405; Pub. L. 95–520, § 6(a), Oct. 26, 1978, 92 Stat.
1821; Pub. L. 96–466, title V, § 509, title VIII,
§ 801(j), Oct. 17, 1980, 94 Stat. 2206, 2217; Pub. L.
97–306, title III, § 310(a), Oct. 14, 1982, 96 Stat.
1442; renumbered § 4212 and amended Pub. L.
102–83, §§ 4(b)(8), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
405, 406; Pub. L. 103–446, title VII, § 702(a), Nov. 2,
1994, 108 Stat. 4674; Pub. L. 105–339, §§ 7(a), 8, Oct.
31, 1998, 112 Stat. 3188, 3189; Pub. L. 106–419, title
III, § 322(a), (b), Nov. 1, 2000, 114 Stat. 1855; Pub.
L. 107–288, § 2(b)(1), (2)(A)–(C), Nov. 7, 2002, 116
Stat. 2034, 2035; Pub. L. 112–154, title VII, § 708,
Aug. 6, 2012, 126 Stat. 1207.)
REFERENCES IN TEXT
The Workforce Investment Act of 1998, referred to in
subsec. (a)(2)(A), is Pub. L. 105–220, Aug. 7, 1998, 112
Stat. 936, and was repealed by Pub. L. 113–128, title V,
§§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective
July 1, 2015. For complete classification of this Act to
the Code, see Tables.
Executive Order No. 12985, referred to in subsec.
(a)(3)(A)(iii), is set out as a note preceding section 1121
of Title 10, Armed Forces.
AMENDMENTS

1 See

References in Text note below.

2012—Subsec. (d)(3). Pub. L. 112–154 added par. (3).

§ 4212

TITLE 38—VETERANS’ BENEFITS

2002—Subsec. (a). Pub. L. 107–288, § 2(b)(1), amended
subsec. (a) generally. Prior to amendment, subsec. (a)
read as follows: ‘‘Any contract in the amount of $25,000
or more 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 provision requiring that the party contracting with the United States shall take affirmative
action to employ and advance in employment qualified
special disabled veterans, veterans of the Vietnam era,
recently separated veterans, and any other veterans
who served on active duty during a war or in a campaign or expedition for which a campaign badge has
been authorized. 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. In addition to requiring affirmative action to employ such
veterans under such contracts and subcontracts and in
order to promote the implementation of such requirement, the President shall implement the provisions of
this section by promulgating regulations which shall
require that (1) each such contractor undertake in such
contract to list immediately with the appropriate local
employment service office all of its employment openings except that the contractor may exclude openings
for executive and top management positions, positions
which are to be filled from within the contractor’s organization, and positions lasting three days or less, and
(2) each such local office shall give such veterans priority in referral to such employment openings.’’
Subsec. (c). Pub. L. 107–288, § 2(b)(2)(A), struck out
‘‘suitable’’ before ‘‘employment openings’’ and substituted ‘‘subsection (a)(2)(B)’’ for ‘‘subsection (a)(2) of
this section’’.
Subsec. (d)(1). Pub. L. 107–288, § 2(b)(2)(B)(i), struck
out ‘‘of this section’’ after ‘‘subsection (a)’’ in introductory provisions.
Subsec. (d)(1)(A), (B). Pub. L. 107–288, § 2(b)(2)(B)(ii),
amended subpars. (A) and (B) generally. Prior to
amendment, subpars. (A) and (B) read as follows:
‘‘(A) the number of employees in the work force of
such contractor, by job category and hiring location,
who are special disabled veterans, veterans of the Vietnam era, recently separated veterans, or other veterans
who served on active duty during a war or in a campaign or expedition for which a campaign badge has
been authorized;
‘‘(B) the total number of new employees hired by the
contractor during the period covered by the report and
the number of such employees who are special disabled
veterans, veterans of the Vietnam era, recently separated veterans, or other veterans who served on active
duty during a war or in a campaign or expedition for
which a campaign badge has been authorized; and’’.
Subsec. (d)(2). Pub. L. 107–288, § 2(b)(2)(C), struck out
‘‘of this subsection’’ after ‘‘paragraph (1)’’.
2000—Subsec. (a). Pub. L. 106–419, § 322(a), inserted
‘‘recently separated veterans,’’ after ‘‘veterans of the
Vietnam era,’’ in first sentence.
Subsec. (d)(1)(A), (B). Pub. L. 106–419, § 322(b), inserted
‘‘recently separated veterans,’’ after ‘‘veterans of the
Vietnam era,’’.
1998—Subsec. (a). Pub. L. 105–339, § 7(a)(1), in first sentence, substituted ‘‘$25,000’’ for ‘‘$10,000’’ and ‘‘special
disabled veterans, veterans of the Vietnam era, and any
other veterans who served on active duty during a war
or in a campaign or expedition for which a campaign
badge has been authorized’’ for ‘‘special disabled veterans and veterans of the Vietnam era’’.
Subsec. (b). Pub. L. 105–339, § 7(a)(2), substituted ‘‘veteran covered by the first sentence of subsection (a)’’ for
‘‘special disabled veteran or veteran of the Vietnam
era’’.
Subsec. (d)(1)(A), (B). Pub. L. 105–339, § 7(a)(3), substituted ‘‘special disabled veterans, veterans of the
Vietnam era, or other veterans who served on active
duty during a war or in a campaign or expedition for
which a campaign badge has been authorized’’ for ‘‘veterans of the Vietnam era or special disabled veterans’’.

Page 806

Subsec. (d)(1)(C). Pub. L. 105–339, § 8, added subpar.
(C).
1994—Subsec. (a)(1). Pub. L. 103–446 substituted ‘‘all of
its employment openings except that the contractor
may exclude openings for executive and top management positions, positions which are to be filled from
within the contractor’s organization, and positions
lasting three days or less,’’ for ‘‘all of its suitable employment openings,’’.
1991—Pub. L. 102–83, § 5(a), renumbered section 2012 of
this title as this section.
Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted
‘‘4107(c)’’ for ‘‘2007(c)’’.
Pub. L. 102–83, § 4(b)(8), substituted ‘‘Secretary of
Labor’’ for ‘‘Secretary’’.
Subsec. (d). Pub. L. 102–83, § 4(b)(8), substituted ‘‘Secretary of Labor’’ for ‘‘Secretary’’ wherever appearing.
1982—Subsec. (d). Pub. L. 97–306 added subsec. (d).
1980—Subsec. (a). Pub. L. 96–466, § 801(j), inserted ‘‘special’’ after ‘‘qualified’’ and substituted ‘‘regulations
which shall require’’ for ‘‘regulations within 60 days
after the date of enactment of this section, which regulations shall require’’.
Subsec. (b). Pub. L. 96–466, § 509, among other changes,
substituted reference to a special disabled veteran for
reference to a disabled veteran, struck out provisions
relating to the filing of a complaint by any veteran entitled to disability compensation who believed that a
contractor had discriminated against such veteran because such veteran was a handicapped individual within
the meaning of section 706(6) of title 29, and substituted
provisions relating to the filing of a complaint with the
Secretary of Labor for provisions relating to the filing
of a complaint with the Veterans’ Employment Service
of the Department of Labor and prompt referral of the
complaint to the Secretary.
1978—Subsec. (b). Pub. L. 95–520 authorized filing of a
complaint by a veteran entitled to disability compensation under laws administered by the Veterans’ Administration based on a contractor’s discrimination
against the veteran because the veteran is handicapped.
1976—Subsec. (b). Pub. L. 94–502, § 607(2), substituted
‘‘the contractor’s’’ for ‘‘his’’.
Subsec. (c). Pub. L. 94–502, § 605, added subsec. (c).
1974—Subsec. (a). Pub. L. 93–508, § 402(1), (2), substituted ‘‘Any contract in the amount of $10,000 or more
entered into’’ for ‘‘Any contract entered into’’, ‘‘the
party contracting with the United States shall take affirmative action to employ and advance in employment’’ for ‘‘in employing persons to carry out such contract, the party contracting with the United States
shall give special emphasis to the employment of’’, and
‘‘In addition to requiring affirmative action to employ
such veterans under such contracts and subcontracts
and in order to promote the implementation of such requirement, the President shall’’ for ‘‘The President
shall’’.
Subsec. (b). Pub. L. 93–508, § 402(3), substituted ‘‘relating to the employment of veterans’’ for ‘‘relating to
giving special emphasis in employment to veterans’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–288 applicable with respect to contracts entered into on or after the first day
of the first month that begins 12 months after Nov. 7,
2002, see section 2(b)(3) of Pub. L. 107–288, set out as a
note under section 4211 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by section 509 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(j) 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 1976 AMENDMENT
Amendment by Pub. L. 94–502 effective Dec. 1, 1976,
see section 703(c) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Page 807

TITLE 38—VETERANS’ BENEFITS

EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93–508 effective Dec. 3, 1974,
see section 503 of Pub. L. 93–508, 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.
PRESCRIPTION OF REGULATIONS
Pub. L. 97–306, title III, § 310(b), Oct. 14, 1982, 96 Stat.
1442, provided that: ‘‘Within 90 days after the date of
the enactment of this Act [Oct. 14, 1982], the Secretary
of Labor shall prescribe regulations under subsection
(d) of section 2012 [now 4212] of title 38, United States
Code, as added by the amendment made by subsection
(a).’’
EX. ORD. NO. 11701. EMPLOYMENT OF VETERANS BY FEDERAL AGENCIES AND GOVERNMENT CONTRACTORS AND
SUBCONTRACTORS
Ex. Ord. No. 11701, Jan. 24, 1973, 38 F.R. 2675, provided:
On June 16, 1971, I issued Executive Order No. 11598 to
facilitate the employment of returning veterans by requiring Federal agencies and Federal contractors and
their subcontractors to list employment openings with
the employment service systems. Section 503 of the
Vietnam Era Veterans’ Readjustment Assistance Act of
1972 (Public Law 92–540; 86 Stat. 1097) added a new section 2012 [now 4212] to Title 38 of the United States
Code which, in effect, provides statutory authority to
extend the program developed under that order with respect to Government contractors and their subcontractors.
NOW, THEREFORE, by virtue of the authority vested
in me by section 301 of Title 3 of the United States Code
and as President of the United States, it is hereby ordered as follows:
SECTION 1. The Secretary of Labor shall issue rules
and regulations requiring each department and agency
of the executive branch of the Federal Government to
list suitable employment openings with the appropriate
office of the State Employment Service or the United
States Employment Service. This section shall not be
construed as requiring the employment of individuals
referred by such office or as superseding any requirements of the Civil Service Laws. Rules, regulations,
and orders to implement this section shall be developed
in consultation with the Civil Service Commission.
SEC. 2. The Secretary of Labor is hereby designated
and empowered to exercise, without the approval, ratification, or other action of the President, the authority
of the President under Section 2012 [now 4212] of Title
38 of the United States Code.
SEC. 3. The Secretary of Labor shall gather information on the effectiveness of the program established
under this order and Section 2012 [now 4212] of Title 38
of the United States Code and of the extent to which
the employment service system is fulfilling the employment needs of veterans. The Secretary of Labor
shall, from time to time, report to the President concerning his evaluation of the effectiveness of this order
along with his recommendations for further action
which the Secretary believes to be appropriate.
SEC. 4. Appropriate departments and agencies shall,
in consultation with the Secretary of Labor, issue such
amendments or additions to procurement rules and regulations as may be necessary to carry out the purposes
of this order and Section 2012 [now 4212] of Title 38 of
the United States Code. Except as otherwise provided
by law, all executive departments and agencies are directed to cooperate with the Secretary of Labor, to furnish the Secretary of Labor with such information and
assistance as he may require in the performance of his
functions under this order, and to comply with rules,
regulations, and orders of the Secretary.
SEC. 5. Executive Order No. 11598 of June 16, 1971, is
hereby superseded.
RICHARD NIXON.

§ 4213

§ 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.
(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),
Aug. 6, 1991, 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.)
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 (§ 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, July 22,
2014, 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.
AMENDMENTS
2014—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 re-