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UNITED STATES CODE
*** THIS SECTION IS CURRENT THROUGH 106-73, APPROVED
10/19/99 ***
TITLE 38. VETERANS' BENEFITS
PART III. READJUSTMENT AND RELATED BENEFITS
CHAPTER 41. JOB COUNSELING, TRAINING, AND PLACEMENT
SERVICE FOR VETERANS
§ 4100. Findings
The Congress makes the following findings:
(1) As long as unemployment and underemployment
continue as serious problems among disabled veterans and Vietnam-era veterans,
alleviating unemployment and underemployment among such veterans is a national
responsibility.
(2) Because of the special nature of employment and
training needs of such veterans and the national responsibility to meet those
needs, policies and programs to increase opportunities for such veterans to
obtain employment, job training, counseling, and job placement services and
assistance in securing advancement in employment should be effectively and
vigorously implemented by the Secretary of Labor and such implementation should
be accomplished through the Assistant Secretary of Labor for Veterans'
Employment and Training.
§ 4101. Definitions
For the purposes of this chapter [38 USCS § § 4101 et
seq.]--
(1) The term "special disabled veteran" has the same meaning
provided in section 4211(1) of this title.
(2) The term "veteran of the Vietnam era" has the same meaning
provided in section 4211(2) of this title.
(3) The term "disabled veteran" has the same meaning provided in
section 4211(3) of this title.
(4) The term "eligible veteran" has the same meaning provided in
section 4211(4) of this title.
(5) The term "eligible person" means--
(A) the spouse of any person who died of a
service-connected disability,
(B) the spouse of any member of the Armed Forces
serving on active duty who, at the time of application for assistance under
this chapter [38 USCS § § 4101 et seq.], is listed, pursuant
to section 556 of title 37 and regulations issued thereunder, by the Secretary
concerned in one or more of the following categories and has been so listed for
a total of more than ninety days: (i) missing in action, (ii) captured in line
of duty by a hostile force, or (iii) forcibly detained or interned in line of
duty by a foreign government or power, or
(C) the spouse of any person who has a total
disability permanent in nature resulting from a service-connected disability or
the spouse of a veteran who died while a disability so evaluated was in
existence.
(6) The term "State" means each of the several States of the United
States, the District of Columbia, and the Commonwealth of Puerto Rico, and may
include, to the extent determined necessary and feasible, Guam, American Samoa,
the Virgin Islands, the Commonwealth of the Northern Marianas Islands, and the
Trust Territory of the Pacific Islands.
(7) The term "local employment service office" means a service
delivery point which has an intrinsic management structure and at which
employment services are offered in accordance with the Wagner-Peyser Act.
(8) The term "Secretary" means the Secretary of Labor.
§ 4102.
Purpose
The Congress declares as its intent and purpose that there shall be an
effective (1) job and job training counseling service program, (2) employment
placement service program, and (3) job training placement service program for
eligible veterans and eligible persons and that, to this end policies and
regulations shall be promulgated and administered by an Assistant Secretary of
Labor for Veterans' Employment and Training, established by section 4102A of
this title, through a Veterans' Employment and Training Service within the
Department of Labor, so as to provide such veterans and persons the maximum of
employment and training opportunities, with priority given to the needs of
disabled veterans and veterans of the Vietnam era through existing programs,
coordination and merger of programs and implementation of new programs.
§ 4102A. Assistant
Secretary of Labor for Veterans' Employment and Training; Regional
Administrators
(a)
(1) There is established within the Department of
Labor an Assistant Secretary of Labor for Veterans' Employment and Training
appointed by the President by and with the advice and consent of the Senate,
who shall be the principal advisor to the Secretary with respect to the
formulation and implementation of all departmental policies and procedures to
carry out (A) the purposes of this chapter, chapter 42, and chapter 43 of this
title [38 USCS § § 4100 et seq., 4211 et seq., and [4321]
2021 et seq.], and (B) all other Department of Labor employment, unemployment,
and training programs to the extent they affect veterans. The employees of the
Department of Labor administering chapter 43 of this title [38 USCS §
§ [4321] 2021 et seq.] shall be administratively and functionally
responsible to the Assistant Secretary of Labor for Veterans' Employment and
Training.
(2) There shall be within the Department of Labor a
Deputy Assistant Secretary of Labor for Veterans' Employment and Training. The
Deputy Assistant Secretary shall perform such functions as the Assistant
Secretary of Labor for Veterans' Employment and Training prescribes. The Deputy
Assistant Secretary shall be a veteran.
(b) The Secretary shall--
(1) except as expressly provided otherwise, carry out
all provisions of this chapter and chapter 43 of this title [38 USCS §
§ 4100 et seq., § § [4321] 2021 et seq.] through the
Assistant Secretary of Labor for Veterans' Employment and Training and
administer through such Assistant Secretary all programs under the jurisdiction
of the Secretary for the provision of employment and training services designed
to meet the needs of disabled veterans, veterans of the Vietnam era, and all
other eligible veterans and eligible persons;
(2) in order to make maximum use of available
resources in meeting such needs, encourage all such programs and all grantees
under such programs to enter into cooperative arrangements with private
industry and business concerns (including small business concerns), educational
institutions, trade associations, and labor unions;
(3) ensure that maximum effectiveness and efficiency
are achieved in providing services and assistance to eligible veterans under
all such programs by coordinating and consulting with the Secretary of Veterans
Affairs with respect to (A) programs conducted under other provisions of this
title, with particular emphasis on coordination of such programs with
readjustment counseling activities carried out under section 1712A of this
title, apprenticeship or other on-the-job training programs carried out under
section 3687 of this title, and rehabilitation and training activities carried
out under chapter 31 of this title [38 USCS § § 3100 et
seq.], and (B) the Veterans' Job Training Act (29 U.S.C. 1721 note);
(4) ensure that job placement activities are carried
out in coordination and cooperation with appropriate State public employment
service officials;
(5) subject to subsection (c)(2) of this section, make
available for use in each State, directly or by grant or contract, such funds
as may be necessary (A) to support (i) disabled veterans' outreach program
specialists appointed under section 4103A(a)(1) of this title, and (ii) local
veterans' employment representatives assigned under section 4104(b) of this
title, and (B) to support the reasonable expenses of such specialists and
representatives for training, travel, supplies, and fringe benefits, including
travel expenses and per diem for attendance at the National Veterans'
Employment and Training Services Institute established under section 4109 of
this title;
(6) monitor and supervise on a continuing basis the
distribution and use of funds provided for use in the States under paragraph
(5) of this subsection; and
(7) monitor the appointment of disabled veterans'
outreach specialists and the assignment of local veterans' employment
representatives in order to ensure compliance with the provisions of sections
4103A(a)(1) and 4104(a)(4), respectively, of this title.
(c) (1) The distribution and use of funds under subsection
(b)(5) of this section in order to carry out sections 4103A(a) and 4104(a) of
this title shall be subject to the continuing supervision and monitoring of the
Secretary and shall not be governed by the provisions of any other law, or any
regulations prescribed thereunder, that are inconsistent with this section or
section 4103A or 4104 of this title.
(2) In determining the terms and conditions of a grant
or contract under which funds are made available in a State in order to carry
out section 4103A or 4104 of this title, the Secretary shall take into account
(A) the results of the evaluations, carried out pursuant to section 4103(c)(15)
of this title, of the performance of local employment offices in the State, and
(B) the monitoring carried out under this section.
(3) Each grant or contract by which funds are made
available in a State shall contain a provision requiring the recipient of the
funds to comply with the provisions of this chapter [38 USCS § §
4100 et seq.].
(d) The Assistant Secretary of Labor for Veterans' Employment and
Training shall promote and monitor participation of qualified veterans and
eligible persons in employment and training opportunities under the Job
Training Partnership Act and title I of the Workforce Investment Act of 1998
and other federally funded employment and training programs.
(e) (1) The Secretary shall assign to each region for which
the Secretary operates a regional office a representative of the Veterans'
Employment and Training Service to serve as the Regional Administrator for
Veterans' Employment and Training in such region. A person may not be assigned
after October 9, 1996, as such a Regional Administrator unless the person is a
veteran.
(2) Each such Regional Administrator shall be
responsible for--
(A) ensuring the promotion, operation, and
implementation of all veterans' employment and training programs and services
within the region;
(B) monitoring compliance with section 4212 of
this title with respect to veterans' employment under Federal contracts within
the region;
(C) protecting and advancing veterans'
reemployment rights within the region; and
(D) coordinating, monitoring, and providing
technical assistance on veterans' employment and training programs with respect
to all entities receiving funds under grants from or contracts with the
Department of Labor within the region.
§ 4103. Directors and
Assistant Directors for Veterans' Employment and Training
(a) The Secretary shall assign to each State a representative of
the Veterans' Employment Service to serve as the Director for Veterans'
Employment and Training, and shall assign full-time Federal clerical or other
support personnel to each such Director. The Secretary shall also assign to
each State one Assistant Director for Veterans' Employment and Training per
each 250,000 veterans and eligible persons of the State veterans population and
such additional Assistant Directors for Veterans' Employment and Training as
the Secretary shall determine, based on the data collected pursuant to section
4107 of this title, to be necessary to assist the Director for Veterans'
Employment and Training to carry out effectively in that State the purposes of
this chapter [38 USCS § § 4100 et seq.]. Full-time Federal
clerical or other support personnel assigned to Directors for Veterans'
Employment and Training shall be appointed in accordance with the provisions of
title 5 governing appointments in the competitive service and shall be paid in
accordance with the provisions of chapter 51 and subchapter III of chapter 53
of title 5 [5 USCS § § 5101 et seq. and 5331 et seq.].
(b) (1) (A) Each Director for Veterans' Employment and
Training and Assistant Director for Veterans' Employment and Training (i)
shall, except as provided in subparagraph (B) of this paragraph, be a qualified
veteran who at the time of appointment has been a bona fide resident of the
State for at least two years, and (ii) shall be appointed in accordance with
the provisions of title 5 governing appointments in the competitive service and
shall be paid in accordance with the provisions of chapter 51 and subchapter
III of chapter 53 of title 5 [5 USCS § § 5101 et seq. and
5331 et seq.].
(B) If, in appointing a Director or Assistant
Director for any State under this section, the Secretary determines that there
is no qualified veteran available who meets the residency requirement in
subparagraph (A)(i), the Secretary may appoint as such Director or Assistant
Director any qualified veteran.
(2) Each Director for Veterans' Employment and
Training and Assistant Director for Veterans' Employment and Training shall be
attached to the public employment service system of the State to which they are
assigned. They shall be administratively responsible to the Secretary for the
execution of the veterans' and eligible persons' counseling and placement
policies of the Secretary through the public employment service system and in
cooperation with other employment and training programs administered by the
Secretary, by grantees of Federal or federally funded employment and training
programs in the State, or directly by the State.
(c) In cooperation with the staff of the public employment service
system and the staffs of each such other program in the State, the Director for
Veterans' Employment and Training and Assistant Directors for Veterans'
Employment and Training shall--
(1) (A) functionally supervise the provision of
services to eligible veterans and eligible persons by such system and such
program and their staffs, and (B) be functionally responsible for the
supervision of the registration of eligible veterans and eligible persons in
local employment offices for suitable types of employment and training and for
counseling and placement of eligible veterans and eligible persons in
employment and job training programs, including the program conducted under the
Veterans' Job Training Act (Public Law 98-77; 29 U.S.C. 1721 note);
(2) engage of job development and job advancement
activities for eligible veterans and eligible persons, including maximum
coordination with appropriate officials of the Department of Veterans Affairs
in that agency's carrying out of its responsibilities under subchapter II of
chapter 77 of this title [38 USCS § § 7721 et seq.] and in
the conduct of job fairs, job marts, and other special programs to match
eligible veterans and eligible persons with appropriate job and job training
opportunities and otherwise to promote the employment of eligible veterans and
eligible persons;
(3) assist in securing and maintaining current
information as to the various types of available employment and training
opportunities, including maximum use of electronic data processing and
telecommunications systems and the matching of an eligible veteran's or an
eligible person's particular qualifications with an available job or on-job
training or apprenticeship opportunity which is commensurate with those
qualifications;
(4) promote the interest of employers and labor unions
in employing eligible veterans and eligible persons and in conducting on-job
training and apprenticeship programs for such veterans and persons;
(5) maintain regular contact with employers, labor
unions, training programs and veterans' organizations with a view to keeping
them advised of eligible veterans and eligible persons available for employment
and training and to keeping eligible veterans and eligible persons advised of
opportunities for employment and training;
(6) promote and facilitate the participation of
veterans in Federal and federally funded employment and training programs and
directly monitor the implementation and operation of such programs to ensure
that eligible veterans, veterans of the Vietnam era, disabled veterans, and
eligible persons receive such priority or other special consideration in the
provision of services as is required by law or regulation;
(7) assist in every possible way in improving working
conditions and the advancement of employment of eligible veterans and eligible
persons;
(8) supervise the listing of jobs and subsequent
referrals of qualified veterans as required by section 4212 of this title;
(9) be responsible for ensuring that complaints of
discrimination filed under such section are resolved in a timely fashion;
(10) working closely with appropriate Department of
Veterans Affairs personnel engaged in providing counseling or rehabilitation
services under chapter 31 of this title [38 USCS § § 3101 et
seq.], cooperate with employers to identify disabled veterans who have
completed or are participating in a vocational rehabilitation training program
under such chapter and who are in need of employment;
(11) cooperate with the staff of programs operated
under section 1712A of this title in identifying and assisting veterans who
have readjustment problems and who may need employment placement assistance or
vocational training assistance;
(12) when requested by a Federal or State agency or a
private employer, assist such agency or employer in identifying and acquiring
prosthetic and sensory aids and devices which tend to enhance the employability
of disabled veterans;
(13) monitor the implementation of Federal laws
requiring veterans preference in employment and job advancement opportunities
within the Federal Government and report to the Office of Personnel Management
or other appropriate agency, for enforcement or other remedial action, any
evidence of failure to provide such preference or to provide priority or other
special consideration in the provision of services to veterans as is required
by law or regulation;
(14) monitor, through disabled veterans' outreach
program specialists and local veterans' employment representatives, the listing
of vacant positions with State employment agencies by Federal agencies, and
report to the Office of Personnel Management or other appropriate agency, for
enforcement or other remedial action, any evidence of failure to provide
priority or other special consideration in the provision of services to
veterans as is required by law or regulation; and
(15) (A) not less frequently than annually,
conduct, subject to subclause (B) of this clause, an evaluation at each local
employment office of the services provided to eligible veterans and eligible
persons and make recommendations for corrective action as appropriate; and
(B) carry out such evaluations in the
following order of priority: (I) offices that demonstrated less than
satisfactory performance during either of the two previous program years, (II)
offices with the largest number of veterans registered during the previous
program year, and (III) other offices as resources permit.
§ 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 [38 USCS § § 4211 et seq.].
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 3787 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 [29 USCS § 1721]
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 [38 USCS
§ § 4100 et seq.].
(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 [38
USCS § § 3101 et seq.], 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).
§ 4104. Local veterans'
employment representatives
(a) (1) Each fiscal year, the total of the amount of funds
made available for use in the States under section 4102A(b)(5)(A)(ii) of this
title shall be sufficient to support the appointment of 1,600 full-time local
veterans' employment representatives and the States' administrative expenses
associated with the appointment of that number of such representatives and
shall be allocated to the several States so that each State receives funding
sufficient to support--
(A) the number of such representatives who
were assigned in such State on January 1, 1987, for which funds were provided
under this chapter, plus one additional such representative;
(B) the percentage of the 1,600 such
representatives for which funding is not provided under clause (A) of this
paragraph which is equal to the average of (i) the percentage of all veterans
residing in the United States who reside in such State, (ii) the percentage of
the total of all eligible veterans and eligible persons registered for
assistance with local employment service offices in the United States who are
registered for assistance with local employment service offices in such State,
and (iii) the percentage of all full-service local employment service offices
in the United States which are located in such State; and
(C) the State's administrative expenses
associated with the appointment of the number of such representatives for which
funding is allocated to the State under clauses (A) and (B) of this
paragraph.
(2) (A) The local veterans' employment
representatives allocated to a State pursuant to paragraph (1) of this
subsection shall be assigned by the administrative head of the employment
service in the State, after consultation with the Director for Veterans'
Employment and Training for the State, so that as nearly as practical (i) one
full-time representative is assigned to each local employment service office at
which at least 1,100 eligible veterans and eligible persons are registered for
assistance, (ii) one additional full-time representative is assigned to each
local employment service office for each 1,500 eligible veterans and eligible
persons above 1,100 who are registered at such office for assistance, and (iii)
one half-time representative is assigned to each local employment service
office at which at least 350 but less than 1,100 eligible veterans and eligible
persons are registered for assistance.
(B) In the case of a service delivery point
(other than a local employment service office described in subparagraph (A) of
this paragraph) at which employment services are offered under the
Wagner-Peyser Act, the head of such service delivery point shall be responsible
for ensuring compliance with the provisions of this title providing for
priority services for veterans and priority referral of veterans to Federal
contractors.
(3) For the purposes of this subsection, an individual
shall be considered to be registered for assistance with a local employment
service office during a program year if the individual--
(A) registered, or renewed such individual's
registration, for assistance with the office during that program year; or
(B) so registered or renewed such individual's
registration during a previous program year and, in accordance with regulations
which the Secretary shall prescribe, is counted as still being registered for
administrative purposes.
(4) In the appointment of local veterans' employment
representatives on or after July 1, 1988, preference shall be given to
qualified eligible veterans or eligible persons. Preference shall be accorded
first to qualified service-connected disabled veterans; then, if no such
disabled veteran is available, to qualified eligible veterans; and, if no such
eligible veteran is available, then to qualified eligible persons.
(b) Local veterans' employment representatives shall--
(1) functionally supervise the providing of services
to eligible veterans and eligible persons by the local employment service
staff;
(2) maintain regular contact with community leaders,
employers, labor unions, training programs, and veterans' organizations for the
purpose of (A) keeping them advised of eligible veterans and eligible persons
available for employment and training, and (B) keeping eligible veterans and
eligible persons advised of opportunities for employment and training;
(3) provide directly, or facilitate the provision of,
labor exchange services by local employment service staff to eligible veterans
and eligible persons, including intake and assessment, counseling, testing,
job-search assistance, and referral and placement;
(4) encourage employers and labor unions to employ
eligible veterans and eligible persons and conduct on-the-job training and
apprenticeship programs for such veterans and persons;
(5) promote and monitor the participation of veterans
in federally funded employment and training programs, monitor the listing of
vacant positions with State employment agencies by Federal agencies, and report
to the Director for Veterans' Employment and Training for the State concerned
any evidence of failure to provide priority or other special consideration in
the provision of services to veterans as is required by law or regulation;
(6) monitor the listing of jobs and subsequent
referrals of qualified veterans as required by section 4212 of this title;
(7) work closely with appropriate Department of
Veterans Affairs personnel engaged in providing counseling or rehabilitation
services under chapter 31 of this title [38 USCS § § 3100 et
seq.], and cooperate with employers in identifying disabled veterans who have
completed or are participating in a vocational rehabilitation training program
under such chapter and who are in need of employment;
(8) refer eligible veterans and eligible persons to
training, supportive services, and educational opportunities, as appropriate;
(9) assist, through automated data processing, in
securing and maintaining current information regarding available employment and
training opportunities;
(10) cooperate with the staff of programs operated
under section 1712A of this title in identifying and assisting veterans who
have readjustment problems and who may need services available at the local
employment service office;
(11) when requested by a Federal or State agency, a
private employer, or a service-connected disabled veteran, assist such agency,
employer, or veteran in identifying and acquiring prosthetic and sensory aids
and devices needed to enhance the employability of disabled veterans; and
(12) facilitate the provision of guidance or
counseling services, or both, to veterans who, pursuant to section 5(b)(3) of
the Veterans' Job Training Act (29 U.S.C. 1721 note), are certified as
eligible for participation under such Act.
(c) Each local veterans' employment representative shall be
administratively responsible to the manager of the local employment service
office and shall provide reports, not less frequently than quarterly, to the
manager of such office and to the Director for Veterans' Employment and
Training for the State regarding compliance with Federal law and regulations
with respect to special services and priorities for eligible veterans and
eligible persons.
§ 4104A. Performance of
disabled veterans' outreach program specialists and local veterans' employment
representatives
(a) (1) Subject to paragraph (2) of this subsection, each
State employment agency shall develop and apply standards for the performance
of disabled veterans' outreach program specialists appointed under section
4103A(a) of this title and local veterans' employment representatives assigned
under section 4104(b) of this title.
(2) (A) Such standards shall be consistent with
the duties and functions specified in section 4103A(b) of this title with
respect to such specialists and section 4104(b)(1) through (12) of this title
with respect to such representatives.
(B) In developing such standards, the State
employment agency--
(i) shall take into account (I)
the prototype developed under paragraph (3) of this subsection, and (II) the
comments submitted under clause (ii) of this subparagraph by the Director for
Veterans' Employment and Training for the State;
(ii) shall submit to such
Director proposed standards for comment;
(iii) may take into account the
State's personnel merit system requirements and other local circumstances and
requirements; and
(iv) may request the assistance
of such Director.
(C) Such standards shall include as one of the
measures of the performance of such a specialist the extent to which the
specialist, in serving as a case manager under section 14(b)(1)(A) of the
Veterans' Job Training Act (29 U.S.C. 1721 note), facilitates rates of
successful completion of training by veterans participating in programs of job
training under the Act.
(3) (A) The Secretary, after consultation with
State employment agencies or their representatives, or both, shall provide to
such agencies a prototype of performance standards for use by such agencies in
the development of performance standards under subsection (a)(1) of this
section.
(B) Each Director for Veterans' Employment and
Training--
(i) shall, upon the request of
the State employment agency under paragraph (2)(B)(iv) of this subsection,
provide appropriate assistance in the development of performance standards,
(ii) may, within 30 days after
receiving proposed standards under paragraph (2)(B)(ii) of this subsection,
provide comments on the proposed standards, particularly regarding the
consistency of the proposed standards with such prototype.
(b) (1) Directors for Veterans' Employment and Training and
Assistant Directors for Veterans' Employment and Training shall regularly
monitor the performance of the specialists and representatives referred to in
subsection (a)(1) of this section through the application of the standards
required to be prescribed by subsection (a)(1).
(2) A Director for Veterans' Employment and Training
for a State may submit to the head of the employment service in the State
recommendations and comments in connection with each annual performance rating
of such specialists and representatives in the State.
§ 4105. Cooperation of
Federal agencies
(a) All Federal agencies shall furnish the Secretary such records,
statistics, or information as the Secretary may deem necessary or appropriate
in administering the provisions of this chapter [38 USCS § §
4100 et seq.], and shall otherwise cooperate with the Secretary in
providing continuous employment and training opportunities for eligible
veterans and eligible persons.
(b) For the purpose of assisting the Secretary and the Secretary of
Veterans Fairs in identifying employers with potential job training
opportunities under the Veterans' Job Training Act (Public Law 98-77; 29
U.S.C. 1721 note) and otherwise in order to carry out this chapter [38
USCS § § 4100 et seq.], the Secretary of Defense shall provide,
not more than 30 days after the date of the enactment of this subsection
[enacted May 20, 1988], the Secretary and the Secretary of Veterans Affairs
with any list maintained by the Secretary of Defense of employers participating
in the National Committee for Employer Support of the Guard and Reserve and
shall provide, on the 15th day of each month thereafter, updated information
regarding the list.
§ 4106. Estimate of
funds for administration; authorization of appropriations
(a) The Secretary shall estimate the funds necessary for the proper
and efficient administration of this chapter [38 USCS § §
4100 et seq.] and chapters 42 and 43 of this title [38 USCS §
§ 4211 et seq. and [4321] 2021 et seq.]. Such estimated sums shall
include the annual amounts necessary for salaries, rents, printing and binding,
travel, and communications. Sums thus estimated shall be included as a special
item in the annual budget for the Department of Labor. Estimated funds
necessary for proper counseling, placement, and training services to eligible
veterans and eligible persons provided by the various State public employment
service agencies shall each be separately identified in the budgets of those
agencies as approved by the Department of Labor. Funds estimated pursuant to
the first sentence of this subsection shall include amounts necessary in all of
the States for the purposes specified in paragraph (5) of section 4102A(b) of
this title and to fund the National Veterans' Employment and Training Services
Institute under section 4109 of this title and shall be approved by the
Secretary only if the level of funding proposed is in compliance with such
sections. Each budget submission with respect to such funds shall include
separate listings of the amount for the National Veterans' Employment and
Training Services Institute and of the proposed numbers, by State, of disabled
veterans' outreach program specialists appointed under section 4103A of this
title and local veterans' employment representatives assigned under section
4104 of this title, together with information demonstrating the compliance of
such budget submission with the funding requirements specified in the preceding
sentence.
(b) There are authorized to be appropriated such sums as may be
necessary for the proper and efficient administration of this chapter [38
USCS § § 4100 et seq.].
(c) In the event that the regular appropriations Act making
appropriations for administrative expenses for the Department of Labor with
respect to any fiscal year does not specify an amount for the purposes
specified in subsection (b) of this section for that fiscal year, then of the
amounts appropriated in such Act there shall be available only for the purposes
specified in subsection (b) of this section such amount as was set forth in the
budget estimate submitted pursuant to subsection (a) of this section.
(d) Any funds made available pursuant to subsections (b) and (c) of
this section shall not be available for any purpose other than those specified
in such subsections.
§ 4107. Administrative
controls; annual report
(a) The Secretary shall establish administrative controls for the
following purposes:
(1) To insure that each eligible veteran, especially
veterans of the Vietnam era and disabled veterans and each eligible person, who
requests assistance under this chapter [38 USCS § § 4100 et
seq.] shall promptly be placed in a satisfactory job or job training
opportunity or receive some other specific form of assistance designed to
enhance such veteran's and eligible person's employment prospects
substantially, such as individual job development or employment counseling
services.
(2) To determine whether or not the employment
agencies in each State have committed the necessary staff to insure that the
provisions of this chapter [38 USCS § § 4100 et seq.], are
carried out; and to arrange for necessary corrective action where staff
resources have been determined by the Secretary to be inadequate.
(b) The Secretary shall establish definitive performance standards
for determining compliance by the State public employment service agencies with
the provisions of this chapter [38 USCS § § 4100 et seq.]
and chapter 42 of this title [38 USCS § § 4211 et seq.]. A
full report as to the extent and reasons for any noncompliance by any such
State agency during any fiscal year, together with the agency's plan for
corrective action during the succeeding year, shall be included in the annual
report of the Secretary required by subsection (c) of this section.
(c) Not later than February 1 of each year, the Secretary shall
report to the Committees on Veterans' Affairs of the Senate and the House of
Representatives on the success during the preceding program year of the
Department of Labor and its affiliated State employment service agencies in
carrying out the provisions of this chapter and programs for the provision of
employment and training services to meet the needs of eligible veterans and
eligible persons. The report shall include--
(1) specification, by State and by age group, of the
numbers of eligible veterans, veterans of the Vietnam era, disabled veterans,
special disabled veterans, and eligible persons who registered for assistance
with the public employment service system and, for each of such categories, the
numbers referred to and placed in permanent and other jobs, the numbers
referred to and placed in jobs and job training programs supported by the
Federal Government, the number counseled, and the number who received some, and
the number who received no, reportable service;
(2) a comparison of the job placement rate for each of
the categories of veterans and persons described in clause (1) of this
subsection with the job placement rate for nonveterans of the same age groups
registered for assistance with the public employment system in each State;
(3) any determination made by the Secretary during the
preceding fiscal year under section 4106 of this title or subsection (a)(2) of
this section and a statement of the reasons for such determination;
(4) a report on activities carried out during the
preceding program year under sections 4103A and 4104 of this title; and
(5) a report on the operation during the preceding
program year of programs for the provision of employment and training services
designed to meet the needs of eligible veterans and eligible persons, including
an evaluation of the effectiveness of such programs during such program year in
meeting the requirements of section 4102A(b) of this title, the efficiency with
which services were provided through such programs during such year, and such
recommendations for further legislative action (including the need for any
changes in the formulas governing the appointment of disabled veterans'
outreach program specialists under section 4103A(a)(2) of this title and the
assignment of local veterans' employment representatives under section 4104(b)
of this title and the allocation of funds for the support of such specialists
and representatives) relating to veterans' employment and training as the
Secretary considers appropriate.
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