FEDERAL · 38 U.S.C. · Chapter 42
Employment within the Federal Government
38 U.S.C. § 4214
Title38 — Veterans' Benefits
Chapter42 — EMPLOYMENT AND TRAINING OF VETERANS
This text of 38 U.S.C. § 4214 (Employment within the Federal Government) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
38 U.S.C. § 4214.
Text
(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.
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Source Credit
History
(Added Pub. L. 93–508, title IV, §403(a), Dec. 3, 1974, 88 Stat. 1593, §2014; amended Pub. L. 95–202, title III, §308, Nov. 23, 1977, 91 Stat. 1445; Pub. L. 95–520, §6(b), Oct. 26, 1978, 92 Stat. 1821; Pub. L. 96–466, title V, §510, title VIII, §801(l), Oct. 17, 1980, 94 Stat. 2207, 2217; Pub. L. 97–72, title II, §202(a), Nov. 3, 1981, 95 Stat. 1054; Pub. L. 97–295, §4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 98–543, title II, §211, Oct. 24, 1984, 98 Stat. 2743; Pub. L. 99–576, title III, §332, Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101–237, title IV, §407(a)(1), (b), Dec. 18, 1989, 103 Stat. 2082; Pub. L. 102–16, §9(a), (b), Mar. 22, 1991, 105 Stat. 54; renumbered §4214 and amended Pub. L. 102–83, §§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, §4, Oct. 10, 1991, 105 Stat. 622; Pub. L. 102–568, title V, §505, Oct. 29, 1992, 106 Stat. 4340; Pub. L. 107–288, §2(c)(1)–(3), Nov. 7, 2002, 116 Stat. 2036; Pub. L. 109–233, title IV, §402(e)(3), June 15, 2006, 120 Stat. 411.)
Editorial Notes
Editorial Notes
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, popularly known as the Rehabilitation Act of 1973, which is classified principally to chapter 16 (§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.
Amendments
2006—Subsec. (g). Pub. L. 109–233 substituted "section 6303" for "section 7722" and "section 6305" for "section 7724".
2002—Subsec. (a)(1). Pub. L. 107–288, §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, §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, §2(c)(2)(A), substituted "recruitment" for "readjustment" in introductory provisions.
Subsec. (b)(2). Pub. L. 107–288, §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, §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, §2(c)(3)(B), struck out "of the Vietnam era" after "veterans".
Subsec. (g). Pub. L. 107–288, §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, §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, §505(b)(1), substituted "1995" for "1993".
Subsec. (b)(3)(B)(ii). Pub. L. 102–568, §505(b)(2), substituted "December 31" for "December 18".
1991—Pub. L. 102–83, §5(a), renumbered section 2014 of this title as this section.
Subsec. (a)(1). Pub. L. 102–16, §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, §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, §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, §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, §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, §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, §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, §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, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" after "with the".
Subsec. (e)(2)(B). Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".
Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "4211" for "2011".
Subsec. (g). Pub. L. 102–83, §5(c)(1), substituted "1712A" for "612A".
Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".
Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".
Pub. L. 102–83, §2(c)(5), substituted "7722" for "241" and "7724" for "243".
1989—Subsec. (a)(1). Pub. L. 101–237, §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, §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, §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, §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, §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, §407(b)(2)(A)(v)–(vii), added subpars. (E) and (F).
Subsec. (b)(2), (3). Pub. L. 101–237, §407(b)(2)(B), added pars. (2) and (3). Former par. (2) redesignated (4).
Subsec. (b)(4). Pub. L. 101–237, §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, §211(a), designated existing provisions as par. (1) and added par. (2).
Subsec. (b)(1)(A), (D). Pub. L. 98–543, §211(b)(1), substituted "GS–9" for "GS–7" in subpar. (A) and added subpar. (D).
Subsec. (b)(2). Pub. L. 98–543, §211(b)(2), substituted "September 30, 1986" for "September 30, 1984".
Subsec. (c). Pub. L. 98–543, §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, §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, §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, §801(l)(1), substituted "Office of Personnel Management" for "Civil Service Commission".
Subsec. (b)(2), (3). Pub. L. 96–466, §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, §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, §801(l)(1), substituted "Office of Personnel Management" and "Office" for "Civil Service Commission" and "Commission", respectively.
Subsec. (e). Pub. L. 96–466, §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, §510, added subsec. (g).
1978—Subsec. (b). Pub. L. 95–520, §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, §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, §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.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Pub. L. 107–288, §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
Pub. L. 102–16, §9(d), Mar. 22, 1991, 105 Stat. 55, as amended by Pub. L. 102–86, title V, §506(c), Aug. 14, 1991, 105 Stat. 426; Pub. L. 103–353, §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]."
[Pub. L. 103–353, §6(b), Oct. 13, 1994, 108 Stat. 3174, 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."]
[Pub. L. 102–86, title V, §506(c), Aug. 14, 1991, 105 Stat. 426, 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
Pub. L. 97–72, title II, §202(b), Nov. 3, 1981, 95 Stat. 1054, 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.
Warrior Training Advancement Course
Pub. L. 118–210, title II, §223(a), (b), Jan. 2, 2025, 138 Stat. 2780, 2781, provided that:
"(a) Reports Required.—
"(1) Initial report.—Not later than six months after the date of the enactment of this Act [Jan. 2, 2025], the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on WARTAC.
"(2) Annual report.—One year after the submission of the report required under paragraph (1) and annually thereafter, the Secretary shall submit to such Committees a report that contains the elements under paragraphs (1) and (3) of subsection (b) [probably should be "subparagraphs (A) and (C) of paragraph (3)"] with regards to the preceding year.
"(3) Elements.—Except as provided in subsection (a)(2), the reports under this subsection shall include the following elements:
"(A) Best practices.—With regards to best practices of WARTAC—
"(i) how many covered members have applied to participate in WARTAC;
"(ii) how many covered members have participated in WARTAC;
"(iii) how the Secretary provides training to covered members during TAP;
"(iv) how many covered members have completed WARTAC; and
"(v) any other information the Secretary determines appropriate.
"(B) Cost savings.—With regards to cost savings of WARTAC—
"(i) how much money the Secretary determines WARTAC saves the United States each fiscal year;
"(ii) how much money the Secretary determines WARTAC has saved the United States since its establishment; and
"(iii) the determination of the Secretary whether other Federal agencies may save money by establishing a program similar to WARTAC.
"(C) Hiring.—With regards to hiring covered members who complete WARTAC—
"(i) how the Secretary identifies positions in the Department of Veterans Affairs for which such covered members may qualify;
"(ii) the grades of such positions on the General Schedule under section 5332 of title 5, United States Code; and
"(iii) how many such covered members the Secretary has hired to such positions.
"(4) Distribution.—Not later than 30 days after submitting the report under paragraph (1), the Secretary of Veterans Affairs shall transmit a copy of such report to the head of each Federal agency.
"(5) Definitions.—In this subsection:
"(A) The term 'covered member' means members of the Armed Forces participating in TAP.
"(B) The term 'TAP' means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.
"(C) The term 'WARTAC' means the Warrior Training Advancement Course of the Veterans Benefit Administration, in which the Secretary provides training to covered members so such covered members may qualify for certain employment in the Veterans Benefit Administration.
"(b) Best Practices for Other Departments.—The Assistant Secretary of Labor for Veterans' Employment and Training shall, in consultation with the Secretary of Veterans Affairs, establish guidelines containing best practices for departments and agencies of the Federal Government that carry out programs to employ veterans who are transitioning from service in the Armed Forces. Such guidelines shall include the findings of the initial report required under subsection (a)(1)."
Employment Assistance: Other Federal Agencies
Pub. L. 112–56, title II, §235(b), Nov. 21, 2011, 125 Stat. 724, provided that:
"(1) Definitions.—In this subsection—
"(A) the term 'agency' has the meaning given the term 'Executive agency' in section 105 of title 5, United States Code; and
"(B) the term 'veteran' has the meaning given that term in section 101 of title 38, United States Code.
"(2) Responsibilities of office of personnel management.—The Director of the Office of Personnel Management shall—
"(A) designate agencies that shall establish a program to provide employment assistance to members of the Armed Forces who are being separated from active duty in accordance with paragraph (3); and
"(B) ensure that the programs established under this subsection are coordinated with the Transition Assistance Program (TAP) of the Department of Defense.
"(3) Elements of program.—The head of each agency designated under paragraph (2)(A), in consultation with the Director of the Office of Personnel Management, and acting through the Veterans Employment Program Office of the agency established under Executive Order 13518 (74 Fed. Reg. 58533; relating to employment of veterans in the Federal Government) [5 U.S.C. 3301 note], or any successor thereto, shall—
"(A) establish a program to provide employment assistance to members of the Armed Forces who are being separated from active duty, including assisting such members in seeking employment with the agency;
"(B) provide such members with information regarding the program of the agency established under subparagraph (A); and
"(C) promote the recruiting, hiring, training and development, and retention of such members and veterans by the agency.
"(4) Other office.—If an agency designated under paragraph (2)(A) does not have a Veterans Employment Program Office, the head of the agency, in consultation with the Director of the Office of Personnel Management, shall select an appropriate office of the agency to carry out the responsibilities of the agency under paragraph (3)."
Contents of Reports on Veterans' Readjustment Appointments
Pub. L. 95–454, title III, §307(b)(2), Oct. 13, 1978, 92 Stat. 1147, as amended by Pub. L. 102–83, §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."
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, popularly known as the Rehabilitation Act of 1973, which is classified principally to chapter 16 (§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.
Amendments
2006—Subsec. (g). Pub. L. 109–233 substituted "section 6303" for "section 7722" and "section 6305" for "section 7724".
2002—Subsec. (a)(1). Pub. L. 107–288, §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, §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, §2(c)(2)(A), substituted "recruitment" for "readjustment" in introductory provisions.
Subsec. (b)(2). Pub. L. 107–288, §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, §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, §2(c)(3)(B), struck out "of the Vietnam era" after "veterans".
Subsec. (g). Pub. L. 107–288, §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, §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, §505(b)(1), substituted "1995" for "1993".
Subsec. (b)(3)(B)(ii). Pub. L. 102–568, §505(b)(2), substituted "December 31" for "December 18".
1991—Pub. L. 102–83, §5(a), renumbered section 2014 of this title as this section.
Subsec. (a)(1). Pub. L. 102–16, §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, §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, §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, §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, §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, §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, §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, §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, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" after "with the".
Subsec. (e)(2)(B). Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".
Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "4211" for "2011".
Subsec. (g). Pub. L. 102–83, §5(c)(1), substituted "1712A" for "612A".
Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".
Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".
Pub. L. 102–83, §2(c)(5), substituted "7722" for "241" and "7724" for "243".
1989—Subsec. (a)(1). Pub. L. 101–237, §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, §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, §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, §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, §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, §407(b)(2)(A)(v)–(vii), added subpars. (E) and (F).
Subsec. (b)(2), (3). Pub. L. 101–237, §407(b)(2)(B), added pars. (2) and (3). Former par. (2) redesignated (4).
Subsec. (b)(4). Pub. L. 101–237, §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, §211(a), designated existing provisions as par. (1) and added par. (2).
Subsec. (b)(1)(A), (D). Pub. L. 98–543, §211(b)(1), substituted "GS–9" for "GS–7" in subpar. (A) and added subpar. (D).
Subsec. (b)(2). Pub. L. 98–543, §211(b)(2), substituted "September 30, 1986" for "September 30, 1984".
Subsec. (c). Pub. L. 98–543, §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, §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, §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, §801(l)(1), substituted "Office of Personnel Management" for "Civil Service Commission".
Subsec. (b)(2), (3). Pub. L. 96–466, §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, §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, §801(l)(1), substituted "Office of Personnel Management" and "Office" for "Civil Service Commission" and "Commission", respectively.
Subsec. (e). Pub. L. 96–466, §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, §510, added subsec. (g).
1978—Subsec. (b). Pub. L. 95–520, §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, §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, §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.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Pub. L. 107–288, §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
Pub. L. 102–16, §9(d), Mar. 22, 1991, 105 Stat. 55, as amended by Pub. L. 102–86, title V, §506(c), Aug. 14, 1991, 105 Stat. 426; Pub. L. 103–353, §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]."
[Pub. L. 103–353, §6(b), Oct. 13, 1994, 108 Stat. 3174, 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."]
[Pub. L. 102–86, title V, §506(c), Aug. 14, 1991, 105 Stat. 426, 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
Pub. L. 97–72, title II, §202(b), Nov. 3, 1981, 95 Stat. 1054, 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.
Warrior Training Advancement Course
Pub. L. 118–210, title II, §223(a), (b), Jan. 2, 2025, 138 Stat. 2780, 2781, provided that:
"(a) Reports Required.—
"(1) Initial report.—Not later than six months after the date of the enactment of this Act [Jan. 2, 2025], the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on WARTAC.
"(2) Annual report.—One year after the submission of the report required under paragraph (1) and annually thereafter, the Secretary shall submit to such Committees a report that contains the elements under paragraphs (1) and (3) of subsection (b) [probably should be "subparagraphs (A) and (C) of paragraph (3)"] with regards to the preceding year.
"(3) Elements.—Except as provided in subsection (a)(2), the reports under this subsection shall include the following elements:
"(A) Best practices.—With regards to best practices of WARTAC—
"(i) how many covered members have applied to participate in WARTAC;
"(ii) how many covered members have participated in WARTAC;
"(iii) how the Secretary provides training to covered members during TAP;
"(iv) how many covered members have completed WARTAC; and
"(v) any other information the Secretary determines appropriate.
"(B) Cost savings.—With regards to cost savings of WARTAC—
"(i) how much money the Secretary determines WARTAC saves the United States each fiscal year;
"(ii) how much money the Secretary determines WARTAC has saved the United States since its establishment; and
"(iii) the determination of the Secretary whether other Federal agencies may save money by establishing a program similar to WARTAC.
"(C) Hiring.—With regards to hiring covered members who complete WARTAC—
"(i) how the Secretary identifies positions in the Department of Veterans Affairs for which such covered members may qualify;
"(ii) the grades of such positions on the General Schedule under section 5332 of title 5, United States Code; and
"(iii) how many such covered members the Secretary has hired to such positions.
"(4) Distribution.—Not later than 30 days after submitting the report under paragraph (1), the Secretary of Veterans Affairs shall transmit a copy of such report to the head of each Federal agency.
"(5) Definitions.—In this subsection:
"(A) The term 'covered member' means members of the Armed Forces participating in TAP.
"(B) The term 'TAP' means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.
"(C) The term 'WARTAC' means the Warrior Training Advancement Course of the Veterans Benefit Administration, in which the Secretary provides training to covered members so such covered members may qualify for certain employment in the Veterans Benefit Administration.
"(b) Best Practices for Other Departments.—The Assistant Secretary of Labor for Veterans' Employment and Training shall, in consultation with the Secretary of Veterans Affairs, establish guidelines containing best practices for departments and agencies of the Federal Government that carry out programs to employ veterans who are transitioning from service in the Armed Forces. Such guidelines shall include the findings of the initial report required under subsection (a)(1)."
Employment Assistance: Other Federal Agencies
Pub. L. 112–56, title II, §235(b), Nov. 21, 2011, 125 Stat. 724, provided that:
"(1) Definitions.—In this subsection—
"(A) the term 'agency' has the meaning given the term 'Executive agency' in section 105 of title 5, United States Code; and
"(B) the term 'veteran' has the meaning given that term in section 101 of title 38, United States Code.
"(2) Responsibilities of office of personnel management.—The Director of the Office of Personnel Management shall—
"(A) designate agencies that shall establish a program to provide employment assistance to members of the Armed Forces who are being separated from active duty in accordance with paragraph (3); and
"(B) ensure that the programs established under this subsection are coordinated with the Transition Assistance Program (TAP) of the Department of Defense.
"(3) Elements of program.—The head of each agency designated under paragraph (2)(A), in consultation with the Director of the Office of Personnel Management, and acting through the Veterans Employment Program Office of the agency established under Executive Order 13518 (74 Fed. Reg. 58533; relating to employment of veterans in the Federal Government) [5 U.S.C. 3301 note], or any successor thereto, shall—
"(A) establish a program to provide employment assistance to members of the Armed Forces who are being separated from active duty, including assisting such members in seeking employment with the agency;
"(B) provide such members with information regarding the program of the agency established under subparagraph (A); and
"(C) promote the recruiting, hiring, training and development, and retention of such members and veterans by the agency.
"(4) Other office.—If an agency designated under paragraph (2)(A) does not have a Veterans Employment Program Office, the head of the agency, in consultation with the Director of the Office of Personnel Management, shall select an appropriate office of the agency to carry out the responsibilities of the agency under paragraph (3)."
Contents of Reports on Veterans' Readjustment Appointments
Pub. L. 95–454, title III, §307(b)(2), Oct. 13, 1978, 92 Stat. 1147, as amended by Pub. L. 102–83, §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."
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Bluebook (online)
38 U.S.C. § 4214, Counsel Stack Legal Research, https://law.counselstack.com/usc/38/4214.