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38 U.S. Code § 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.
Editorial Notes
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, 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 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 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.