38 U.S.C. § 4103A — Disabled veterans’ outreach program

Page 965 TITLE 38—VETERANS’ BENEFITS § 4103A EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 505 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(i) of Pub. L. 96–466 effec- tive Oct. 1, 1980, see section 802(h) of Pub. L. 96–466, set out as a note under section 3452 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–502 effective Dec. 1, 1976, see section 703(c) of Pub. L. 94–502, set out as an Effec- tive Date note under section 3693 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–508 effective Dec. 3, 1974, see section 503 of Pub. L. 93–508, set out as a note under section 3452 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–540 effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92–540, set out as a note under section 4101 of this title. § 4103A. Disabled veterans’ outreach program (a) REQUIREMENT FOR EMPLOYMENT BY STATES OF A SUFFICIENT NUMBER OF SPECIALISTS.—(1) Subject to approval by the Secretary, a State shall employ such full- or part-time disabled veterans’ outreach program specialists as the State determines appropriate and efficient to carry out intensive services and facilitate place- ments under this chapter to meet the employ- ment needs of eligible veterans with the fol- lowing priority in the provision of services: (A) Special disabled veterans. (B) Other disabled veterans. (C) Other eligible veterans in accordance with priorities determined by the Secretary taking into account applicable rates of unem- ployment and the employment emphases set forth in chapter 42 of this title. (2) In the provision of services in accordance with this subsection, maximum emphasis in meeting the employment needs of veterans shall be placed on assisting economically or educa- tionally disadvantaged veterans. (3) In facilitating placement of a veteran under this program, a disabled veterans’ out- reach program specialist shall help to identify job opportunities that are appropriate for the veteran’s employment goals and assist that vet- eran in developing a cover letter and resume that are targeted for those particular jobs. (b) REQUIREMENT FOR QUALIFIED VETERANS.—A State shall, to the maximum extent practicable, employ qualified veterans to carry out the serv- ices referred to in subsection (a). Preference shall be given in the appointment of such spe- cialists to qualified disabled veterans. (c) PART-TIME EMPLOYEES.—A part-time dis- abled veterans’ outreach program specialist shall perform the functions of a disabled vet- erans’ outreach program specialist under this section on a half-time basis. (d) ADDITIONAL REQUIREMENT FOR FULL-TIME EMPLOYEES.—(1) A full-time disabled veterans’ outreach program specialist shall perform only duties related to meeting the employment needs of eligible veterans, as described in subsection (a), and shall not perform other non-veteran-re- lated duties that detract from the specialist’s ability to perform the specialist’s duties related to meeting the employment needs of eligible veterans. (2) The Secretary shall conduct regular audits to ensure compliance with paragraph (1). If, on the basis of such an audit, the Secretary deter- mines that a State is not in compliance with paragraph (1), the Secretary may reduce the amount of a grant made to the State under sec- tion 4102A(b)(5) of this title. (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; renum- bered § 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; Pub. L. 107–95, § 9(a), Dec. 21, 2001, 115 Stat. 920; Pub. L. 107–288, § 4(b)(1), Nov. 7, 2002, 116 Stat. 2043; Pub. L. 109–461, title VI, § 602(a), Dec. 22, 2006, 120 Stat. 3437; Pub. L. 112–56, title II, §§ 234(b), 241(a), Nov. 21, 2011, 125 Stat. 722, 728.) Editorial Notes AMENDMENTS 2011—Subsec. (a)(1). Pub. L. 112–56, § 234(b)(1), inserted ‘‘and facilitate placements’’ after ‘‘intensive services’’ in introductory provisions. Subsec. (a)(3). Pub. L. 112–56, § 234(b)(2), added par. (3). Subsec. (d). Pub. L. 112–56, § 241(a), added subsec. (d). 2006—Subsec. (c). Pub. L. 109–461 added subsec. (c). 2002—Pub. L. 107–288 amended section generally, sub- stituting subsecs. (a) and (b) for former subsecs. (a) to (c) relating to appointment, services and stationing, and functions of disabled veterans’ outreach program specialists. 2001—Subsec. (c)(11). Pub. L. 107–95 added par. (11). 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 ei- ther 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 ‘‘dis- abled 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 appoint- ment, preference for such appointment shall be given to other qualified disabled veterans.’’ Subsec. (c)(4). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(21)(B)], struck out ‘‘part C of title IV of the Job Training Partnership Act and’’ after ‘‘training pro- grams including’’. Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(29)(B)], sub- stituted ‘‘including part C of title IV of the Job Train- ing Partnership Act and title I of the Workforce Invest- ment 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 per- forming essentially similar duties’’ for ‘‘a rate not less than the rate prescribed for an entry level profes- sional’’. 1992—Subsec. (a)(1). Pub. L. 102–568, § 501, substituted ‘‘specialist for each 6,900 veterans residing in such Page 966 TITLE 38—VETERANS’ BENEFITS § 4103A State who are either veterans of the Vietnam era, vet- erans who first entered on active duty as a member of the Armed Forces after May 7, 1975, or disabled vet- erans.’’ 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 sub- par. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘Services to disabled veterans of the Vietnam era who are participating in or have com- pleted 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 sub- stituted ‘‘Secretary of Veterans Affairs’’ and ‘‘Depart- ment of Veterans Affairs’’ for ‘‘Administrator’’ and ‘‘Veterans’ Administration’’, respectively, wherever ap- pearing. 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 sup- port the appointment of one disabled veterans’ out- reach 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 ap- pointment 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, in- serted ‘‘qualified’’ before ‘‘disabled’’ wherever appear- ing in third, fourth, and fifth sentences, inserted ‘‘qualified’’ after ‘‘any’’ in fifth sentence, and struck out former par. (1) which read as follows: ‘‘The Sec- retary of Labor, acting through the Assistant Sec- retary 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 em- ployment needs of veterans, especially disabled vet- erans of the Vietnam era.’’ Subsec. (a)(2). Pub. L. 100–323, § 2(e)(1)(A)(i), (iii), re- designated par. (4) as (2) and struck out ‘‘paragraph (2) of’’ after ‘‘appointed pursuant to’’. Former par. (2) re- designated (1). Subsec. (a)(3). Pub. L. 100–323, § 2(e)(1)(A)(i), struck out par. (3) which read as follows: ‘‘The Secretary, act- ing through the Assistant Secretary of Labor for Vet- erans’ 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 sub- section, as may be necessary to support the reasonable expenses of such specialists for training, travel, sup- plies, and fringe benefits.’’ Subsec. (a)(4). Pub. L. 100–323, § 2(e)(1)(A)(i), redesig- nated 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 Vet- erans’ Employment and shall not be governed by the provisions of any other law, or any regulations pre- scribed thereunder, that are inconsistent with this sec- tion.’’ 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 ‘‘(in- cluding part C of title IV of the Job Training Partner- ship Act (29 U.S.C. 1501 et seq.))’’ after ‘‘programs’’. Subsec. (c)(6). Pub. L. 100–323, § 7(b)(2), inserted ‘‘(in- cluding 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 mon- itor the appointment of disabled veterans’ outreach program specialists to ensure compliance with the pro- visions 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), in- serted ‘‘, 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 sub- stituted ‘‘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 provi- sion relating to waiver of the limitation on stationing at local employment service offices of disabled vet- erans’ 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 feder- ally 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 Sec- retary shall monitor the appointment of disabled vet- erans’ outreach program specialists to ensure compli- ance 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 con- ducted under title III of the Comprehensive Employ- ment and Training Act on the date of enactment of this section would be appointed as disabled veterans’ out- reach 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–461, title VI, § 602(c), Dec. 22, 2006, 120 Stat. 3437, provided that: ‘‘Section 4103A(c) of title 38, United States Code, as added by subsection (a), and section 4104(d) of such title, as amended by subsection (b), shall apply with respect to pay periods beginning after the date that is 180 days after the date of the enactment of this Act [Dec. 22, 2006].’’ EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–288, § 4(b)(3), Nov. 7, 2002, 116 Stat. 2044, provided that: ‘‘The amendments made by this sub- section [amending this section and section 4104 of this title] shall take effect on the date of the enactment of this Act [Nov. 7, 2002], and apply for program years under chapter 41 of title 38, United States Code, begin- ning on or after such date.’’ 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 Page 967 TITLE 38—VETERANS’ BENEFITS § 4104 program specialists under section 4103A of title 38, United States Code, on or after the date of the enact- ment 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 Amend- ment note under section 4101 of this title. § 4104. Local veterans’ employment representa- tives (a) REQUIREMENT FOR EMPLOYMENT BY STATES OF A SUFFICIENT NUMBER OF REPRESENTATIVES.— Subject to approval by the Secretary, a State shall employ such full- and part-time local vet- erans’ employment representatives as the State determines appropriate and efficient to carry out employment, training, and placement serv- ices under this chapter. (b) PRINCIPAL DUTIES.—As principal duties, local veterans’ employment representatives shall— (1) conduct outreach to employers in the area to assist veterans in gaining employ- ment, including conducting seminars for em- ployers and, in conjunction with employers, conducting job search workshops and estab- lishing job search groups; and (2) facilitate employment, training, and placement services furnished to veterans in a State under the applicable State employment service delivery systems. (c) REQUIREMENT FOR QUALIFIED VETERANS AND ELIGIBLE PERSONS.—A State shall, to the max- imum extent practicable, employ qualified vet- erans or eligible persons to carry out the serv- ices referred to in subsection (a). Preference shall be accorded in the following order: (1) To qualified service-connected disabled veterans. (2) If no veteran described in paragraph (1) is available, to qualified eligible veterans. (3) If no veteran described in paragraph (1) or (2) is available, then to qualified eligible per- sons. (d) PART-TIME EMPLOYEES.—A part-time local veterans’ employment representative shall per- form the functions of a local veterans’ employ- ment representative under this section on a half-time basis. (e) ADDITIONAL REQUIREMENTS FOR FULL-TIME EMPLOYEES.—(1) A full-time local veterans’ em- ployment representative shall perform only du- ties related to the employment, training, and placement services under this chapter, and shall not perform other non-veteran-related duties that detract from the representative’s ability to perform the representative’s duties related to employment, training, and placement services under this chapter. (2) The Secretary shall conduct regular audits to ensure compliance with paragraph (1). If, on the basis of such an audit, the Secretary deter- mines that a State is not in compliance with paragraph (1), the Secretary may reduce the amount of a grant made to the State under sec- tion 4102A(b)(5) of this title. (f) REPORTING.—Each local veterans’ employ- ment representative shall be administratively responsible to the manager of the employment service delivery system and shall provide re- ports, 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. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1219, § 2013; renumbered § 2004, Pub. L. 87–675, § 1(a), Sept. 19, 1962, 76 Stat. 558; amended Pub. L. 89–358, § 6(c)(1), Mar. 3, 1966, 80 Stat. 27; Pub. L. 92–540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1095; Pub. L. 94–502, title VI, § 606(2), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100–323, § 3(a), May 20, 1988, 102 Stat. 560; Pub. L. 101–237, title IV, § 423(b)(8)(B), Dec. 18, 1989, 103 Stat. 2093; Pub. L. 102–16, § 10(a)(8), Mar. 22, 1991, 105 Stat. 56; renumbered § 4104 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107–14, § 8(a)(10), June 5, 2001, 115 Stat. 35; Pub. L. 107–95, § 9(b), Dec. 21, 2001, 115 Stat. 920; Pub. L. 107–288, § 4(b)(2), Nov. 7, 2002, 116 Stat. 2043; Pub. L. 109–461, title VI, § 602(b), Dec. 22, 2006, 120 Stat. 3437; Pub. L. 112–56, title II, § 241(b), Nov. 21, 2011, 125 Stat. 728.) Editorial Notes PRIOR PROVISIONS Prior section 4104, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1244; Pub. L. 89–785, title I, § 104, Nov. 7, 1966, 80 Stat. 1369; Pub. L. 94–123, § 5(a), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94–581, title I, § 110(3), title II, §§ 209(a)(1), (2), 210(c)(3), Oct. 21, 1976, 90 Stat. 2848, 2860, 2863; Pub. L. 96–151, title III, § 302(a), Dec. 20, 1979, 93 Stat. 1096; Pub. L. 98–160, title II, § 201, Nov. 21, 1983, 97 Stat. 1000; Pub. L. 98–528, title I, § 108, Oct. 19, 1984, 98 Stat. 2690; Pub. L. 100–322, title II, § 211(a), May 20, 1988, 102 Stat. 513; Pub. L. 101–366, title I, § 102(a), Aug. 15, 1990, 104 Stat. 430, related to appointment of additional per- sonnel for medical care of veterans, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7401 of this title. Provisions similar to those comprising this section were contained in former section 2003 of this title prior to the amendment of this chapter by Pub. L. 92–540. AMENDMENTS 2011—Subsecs. (e), (f). Pub. L. 112–56 added subsec. (e) and redesignated former subsec. (e) as (f). 2006—Subsecs. (d), (e). Pub. L. 109–461 added subsec. (d) and redesignated former subsec. (d) as (e). 2002—Pub. L. 107–288 amended text generally, sub- stituting subsecs. (a) to (d) for former subsecs. (a) to (c) relating to appointment, functions, and reporting re- quirements of local veterans’ employment representa- tives.