§4103A. Disabled veterans' outreach program

(a)(1) The amount of funds made available for use in a State under section 4102A(b)(5)(A)(i) of this title shall be sufficient to support the appointment of one disabled veterans' outreach program specialist for each 7,400 veterans who are between the ages of 20 and 64 residing in such State. Each such specialist shall be a qualified veteran. Preference shall be given in the appointment of such specialists to qualified disabled veterans. If the Secretary finds that no qualified disabled veteran is available for such appointment, such appointment may be given to any qualified veteran. Each such specialist shall be compensated at rates comparable to those paid other professionals performing essentially similar duties in the State government of the State concerned.

(2) Specialists appointed pursuant to this subsection shall be in addition to and shall not supplant employees assigned to local employment service offices pursuant to section 4104 of this title.

(b)(1) Pursuant to regulations prescribed by the Secretary of Labor, disabled veterans' outreach program specialists shall be assigned only those duties directly related to meeting the employment needs of eligible veterans, with priority for the provision of services in the following order:

(A) Services to special disabled veterans.

(B) Services to other disabled veterans.

(C) Services to other eligible veterans in accordance with priorities determined by the Secretary taking into account applicable rates of unemployment and the employment emphases set forth in chapter 42 of this title.

In the provision of services in accordance with this paragraph, maximum emphasis in meeting the employment needs of veterans shall be placed on assisting economically or educationally disadvantaged veterans.

(2) Not more than three-fourths of the disabled veterans' outreach program specialists in each State shall be stationed at local employment service offices in such State. The Secretary, after consulting the Secretary of Veterans Affairs and the Director for Veterans' Employment and Training assigned to a State under section 4103 of this title, may waive the limitation in the preceding sentence for that State so long as the percentage of all disabled veterans' outreach program specialists that are stationed at local employment service offices in all States does not exceed 80 percent. Specialists not so stationed shall be stationed at centers established by the Department of Veterans Affairs to provide a program of readjustment counseling pursuant to section 1712A of this title, veterans assistance offices established by the Department of Veterans Affairs pursuant to section 7723 of this title, and such other sites as may be determined to be appropriate in accordance with regulations prescribed by the Secretary after consultation with the Secretary of Veterans Affairs.

(c) Each disabled veterans' outreach program specialist shall carry out the following functions for the purpose of providing services to eligible veterans in accordance with the priorities set forth in subsection (b) of this section:

(1) Development of job and job training opportunities for such veterans through contacts with employers, especially small- and medium-size private sector employers.

(2) Pursuant to regulations prescribed by the Secretary after consultation with the Secretary of Veterans Affairs, promotion and development of apprenticeship and other on-job training positions pursuant to section 3687 of this title.

(3) The carrying out of outreach activities to locate such veterans through contacts with local veterans organizations, the Department of Veterans Affairs, the State employment service agency and local employment service offices, and community-based organizations.

(4) Provision of appropriate assistance to community-based groups and organizations and appropriate grantees under other Federal and federally funded employment and training programs including part C of title IV of the Job Training Partnership Act and title I of the Workforce Investment Act of 1998 in providing services to such veterans.

(5) Provision of appropriate assistance to local employment service office employees with responsibility for veterans in carrying out their responsibilities pursuant to this chapter.

(6) Consultation and coordination with other appropriate representatives of Federal, State, and local programs (including the program conducted under the Veterans' Job Training Act (Public Law 98–77; 29 U.S.C. 1721 note)) for the purpose of developing maximum linkages to promote employment opportunities for and provide maximum employment assistance to such veterans.

(7) The carrying out of such other duties as will promote the development of entry-level and career job opportunities for such veterans.

(8) Development of outreach programs in cooperation with appropriate Department of Veterans Affairs personnel engaged in providing counseling or rehabilitation services under chapter 31 of this title, with educational institutions, and with employers in order to ensure maximum assistance to disabled veterans who have completed or are participating in a vocational rehabilitation program under such chapter.

(9) Provision of vocational guidance or vocational counseling services, or both, to veterans with respect to veterans' selection of and changes in vocations and veterans' vocational adjustment.

(10) Provision of services as a case manager under section 14(b)(1)(A) of the Veterans' Job Training Act (Public Law 98–77; 29 U.S.C. 1721 note).

(Added Pub. L. 96–466, title V, §506(a), Oct. 17, 1980, 94 Stat. 2204 , §2003A; amended Pub. L. 97–306, title III, §305, Oct. 14, 1982, 96 Stat. 1439 ; Pub. L. 100–323, §§2(e)(1), 7(b), 15(c)(1), May 20, 1988, 102 Stat. 559 , 565, 574; Pub. L. 101–237, title IV, §423(b)(8), Dec. 18, 1989, 103 Stat. 2093 ; renumbered §4103A and amended Pub. L. 102–83, §§2(c)(4), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 402 , 406; Pub. L. 102–568, title V, §§501, 503, Oct. 29, 1992, 106 Stat. 4340 ; Pub. L. 103–446, title VII, §701(b), Nov. 2, 1994, 108 Stat. 4674 ; Pub. L. 105–277, div. A, §101(f) [title VIII, §405(d)(29)(B), (f)(21)(B)], Oct. 21, 1998, 112 Stat. 2681–337 , 2681-424, 2681-432; Pub. L. 105–368, title X, §1004(a), Nov. 11, 1998, 112 Stat. 3364 .)

Amendment of Subsection (c)(4)

Pub. L. 105–277, div. A, §101(f) [title VIII, §405(f)(21)(B), (g)(2)(B)], Oct. 21, 1998, 112 Stat. 2681–337 , 2681-432, 2681-435, provided that, effective July 1, 2000, subsection (c)(4) is amended by striking "part C of title IV of the Job Training Partnership Act and".

References in Text

The Job Training Partnership Act, referred to in subsec. (c)(4), is Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322 , as amended. Part C of title IV of the Job Training Partnership Act is classified generally to part C (§1721) of subchapter IV of chapter 19 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 29 and Tables.

The Workforce Investment Act of 1998, referred to in subsec. (c)(4), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936 , as amended. Title I of the Act is classified generally to chapter 30 (§2801 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of Title 20, Education, and Tables.

The Veterans' Job Training Act, referred to in subsec. (c)(6), (10), is Pub. L. 98–77, Aug. 15, 1983, 97 Stat. 443 , as amended, which is set out as a note under section 1721 of Title 29, Labor. For complete classification of this Act to the Code, see Tables.

Amendments

1998-Subsec. (a)(1). Pub. L. 105–368, in first sentence, substituted "for each 7,400 veterans who are between the ages of 20 and 64 residing in such State." for "for each 6,900 veterans residing in such State who are either veterans of the Vietnam era, veterans who first entered on active duty as a member of the Armed Forces after May 7, 1975, or disabled veterans.", in third sentence, struck out "of the Vietnam era" after "disabled veterans", and struck out after third sentence "If the Secretary finds that a qualified disabled veteran of the Vietnam era is not available for any such appointment, preference for such appointment shall be given to other qualified disabled veterans."

Subsec. (c)(4). Pub. L. 105–277, §101(f) [title VIII, §405(d)(29)(B)], substituted "including part C of title IV of the Job Training Partnership Act and title I of the Workforce Investment Act of 1998" for "(including part C of title IV of the Job Training Partnership Act (29 U.S.C. 1501 et seq.))".

1994-Subsec. (a)(1). Pub. L. 103–446 substituted "rates comparable to those paid other professionals performing essentially similar duties" for "a rate not less than the rate prescribed for an entry level professional".

1992-Subsec. (a)(1). Pub. L. 102–568, §501, substituted "specialist for each 6,900 veterans residing in such State who are either veterans of the Vietnam era, veterans who first entered on active duty as a member of the Armed Forces after May 7, 1975, or disabled veterans." for "specialist for each 5,300 veterans of the Vietnam era and disabled veterans residing in such State."

Subsec. (b)(1)(A). Pub. L. 102–568, §503, amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "Services to disabled veterans of the Vietnam era who are participating in or have completed a program of vocational rehabilitation under chapter 31 of this title."

1991-Pub. L. 102–83, §5(a), renumbered section 2003A of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "4102A(b)(5)(A)(i)" for "2002A(b)(5)(A)(i)" in par. (1) and "4104" for "2004" in par. (2).

Subsec. (b)(2). Pub. L. 102–83, §5(c)(1), substituted "4103" for "2003" and "1712A" for "612A".

Pub. L. 102–83, §2(c)(4), substituted "7723" for "242".

Subsec. (c)(2). Pub. L. 102–83, §5(c)(1), substituted "3687" for "1787".

1989-Subsecs. (b)(2), (c)(2), (3), (8). Pub. L. 101–237 substituted "Secretary of Veterans Affairs" and "Department of Veterans Affairs" for "Administrator" and "Veterans' Administration", respectively, wherever appearing.

1988-Subsec. (a)(1). Pub. L. 100–323, §2(e)(1)(A)(i), (ii), redesignated par. (2) as (1), substituted "The amount of funds made available for use in a State under section 2002A(b)(5)(A)(i) of this title shall be sufficient to support the appointment of one disabled veterans' outreach program specialist for each 5,300 veterans of the Vietnam era and disabled veterans residing in such State." for "Funds provided for use in a State under this subsection shall be sufficient to support the appointment of one disabled veterans' outreach program specialist for each 5,300 veterans of the Vietnam era and disabled veterans residing in such State.", inserted "qualified" before "veteran" in second sentence, inserted "qualified" before "disabled" wherever appearing in third, fourth, and fifth sentences, inserted "qualified" after "any" in fifth sentence, and struck out former par. (1) which read as follows: "The Secretary of Labor, acting through the Assistant Secretary for Veterans' Employment, shall make available for use in each State, directly or by grant or contract, such funds as may be necessary to support a disabled veterans' outreach program designed to meet the employment needs of veterans, especially disabled veterans of the Vietnam era."

Subsec. (a)(2). Pub. L. 100–323, §2(e)(1)(A)(i), (iii), redesignated par. (4) as (2) and struck out "paragraph (2) of" after "appointed pursuant to". Former par. (2) redesignated (1).

Subsec. (a)(3). Pub. L. 100–323, §2(e)(1)(A)(i), struck out par. (3) which read as follows: "The Secretary, acting through the Assistant Secretary of Labor for Veterans' Employment, shall also make available for use in the States such funds, in addition to those made available to carry out paragraphs (1) and (2) of this subsection, as may be necessary to support the reasonable expenses of such specialists for training, travel, supplies, and fringe benefits."

Subsec. (a)(4). Pub. L. 100–323, §2(e)(1)(A)(i), redesignated par. (4) as (2).

Subsec. (a)(5). Pub. L. 100–323, §2(e)(1)(A)(i), struck out par. (5) which read as follows: "The distribution and use of funds provided for use in States under this section shall be subject to the continuing supervision and monitoring of the Assistant Secretary for Veterans' Employment and shall not be governed by the provisions of any other law, or any regulations prescribed thereunder, that are inconsistent with this section."

Subsec. (b)(2). Pub. L. 100–323, §15(c)(1), substituted "Director for Veterans' Employment and Training" for "State Director for Veterans' Employment".

Subsec. (c)(4). Pub. L. 100–323, §7(b)(1), inserted "(including part C of title IV of the Job Training Partnership Act (29 U.S.C. 1501 et seq.))" after "programs".

Subsec. (c)(6). Pub. L. 100–323, §7(b)(2), inserted "(including the program conducted under the Veterans' Job Training Act (Public Law 98–77; 29 U.S.C. 1721 note))" after "programs".

Subsec. (c)(9), (10). Pub. L. 100–323, §7(b)(3), added pars. (9) and (10).

Subsec. (d). Pub. L. 100–323, §2(e)(1)(B), struck out subsec. (d) which read as follows: "The Secretary of Labor shall administer the program provided for by this section through the Assistant Secretary of Labor for Veterans' Employment. The Secretary shall monitor the appointment of disabled veterans' outreach program specialists to ensure compliance with the provisions of subsection (a)(2) of this section with respect to the employment of such specialists."

1982-Subsec. (a)(1). Pub. L. 97–306, §305(a)(1), (3), inserted ", acting through the Assistant Secretary for Veterans' Employment," after "Secretary of Labor", and substituted "available for use in" for "available to".

Subsec. (a)(2). Pub. L. 97–306, §305(a)(4), substituted "provided for use in" for "provided to".

Subsec. (a)(3). Pub. L. 97–306, §305(a)(2), (3), inserted ", acting through the Assistant Secretary of Labor for Veterans' Employment," after "Secretary", and substituted "available for use in" for "available to".

Subsec. (a)(5). Pub. L. 97–306, §305(a)(5), added par. (5).

Subsec. (b)(2). Pub. L. 97–306, §305(b), inserted provision relating to waiver of the limitation on stationing at local employment service offices of disabled veterans' outreach program specialists and substituted "section 612A" for "section 621A".

Subsec. (c)(4). Pub. L. 97–306, §305(c)(1), substituted "appropriate grantees under other Federal and federally funded employment and training programs" for "prime sponsors under the Comprehensive Employment and Training Act".

Subsec. (c)(8). Pub. L. 97–306, §305(c)(2), added par. (8).

Subsecs. (d), (e). Pub. L. 97–306, §305(d), redesignated subsec. (e) as (d) and inserted provision that the Secretary shall monitor the appointment of disabled veterans' outreach program specialists to ensure compliance with the provisions of subsec. (a)(2) of this section with respect to the employment of such specialists. Former subsec. (d), which provided that persons serving as staff in the disabled veterans outreach program conducted under title III of the Comprehensive Employment and Training Act on the date of enactment of this section would be appointed as disabled veterans' outreach program specialists in the State in which such individual was so serving, unless the Secretary for good cause shown determined that such individual was not qualified for such appointment, was struck out.

Effective Date of 1998 Amendments

Pub. L. 105–368, title X, §1004(b), Nov. 11, 1998, 112 Stat. 3364 , provided that: "The amendments made by this section [amending this section] shall apply with respect to appointments of disabled veterans' outreach program specialists under section 4103A of title 38, United States Code, on or after the date of the enactment of this Act [Nov. 11, 1998]."

Amendment by section 101(f) [title VIII, §405(d)(29)(B)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, §405(f)(21)(B)] 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 1988 Amendment

Amendment by sections 2(e)(1)(B) and 15(c)(1) of Pub. L. 100–323 effective May 20, 1988, amendment by section 2(e)(1)(A) of Pub. L. 100–323 effective for all of fiscal year 1988 and subsequent fiscal years, and amendment by section 7(b) of Pub. L. 100–323 effective on 60th day after May 20, 1988, see section 16(a), (b)(1)(B), (2) of Pub. L. 100–323, set out as a note under section 3104 of this title.

Effective Date

Section effective Oct. 1, 1980, see section 802(e) of Pub. L. 96–466, set out as an Effective Date of 1980 Amendment note under section 4101 of this title.

Cross References

Workforce investment programs for disabled veterans under the Workforce Investment Act of 1998, see section 2913 of Title 29, Labor.

Section Referred to in Other Sections

This section is referred to in sections 3117, 3672, 4102A, 4104A, 4106, 4107 of this title; title 29 sections 1721, 2913.