38 U.S.C. § 4102 — Purpose

Page 957 TITLE 38—VETERANS’ BENEFITS § 4102 U.S.C. 49–49k), title I of the Workforce Investment Act of 1998 [former 29 U.S.C. 2801 et seq.], and other applica- ble provisions of law.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 4102. Purpose The Congress declares as its intent and pur- pose that there shall be an effective (1) job and job training intensive services program, (2) em- ployment 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 promul- gated and administered by an Assistant Sec- retary 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 per- sons the maximum of employment and training opportunities, with priority given to the needs of disabled veterans and veterans who served on active duty during a war or in a campaign or ex- pedition for which a campaign badge has been authorized through existing programs, coordina- tion and merger of programs and implementa- tion of new programs, including programs car- ried out by the Veterans’ Employment and Training Service to implement all efforts to ease the transition of servicemembers to civil- ian careers that are consistent with, or an out- growth of, the military experience of the servicemembers. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1217, § 2011; renumbered § 2002, Pub. L. 87–675, § 1(a), Sept. 19, 1962, 76 Stat. 558; amended Pub. L. 89–358, § 6(c), Mar. 3, 1966, 80 Stat. 27; Pub. L. 92–540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1094; Pub. L. 93–508, title IV, § 401(b), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94–502, title VI, § 601(a), Oct. 15, 1976, 90 Stat. 2404; Pub. L. 96–466, title V, § 504(a)(2), Oct. 17, 1980, 94 Stat. 2203; Pub. L. 97–306, title III, § 302, Oct. 14, 1982, 96 Stat. 1437; Pub. L. 98–160, title VII, § 702(15), Nov. 21, 1983, 97 Stat. 1010; Pub. L. 100–323, § 15(b)(1), (d), May 20, 1988, 102 Stat. 574; renumbered § 4102 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107–288, § 5(a)(1)(B), (b)(1), Nov. 7, 2002, 116 Stat. 2044, 2045.) Editorial Notes PRIOR PROVISIONS Prior section 4102, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1243; Pub. L. 89–785, title I, § 102, Nov. 7, 1966, 80 Stat. 1368; Pub. L. 94–581, title I, § 110(1), Oct. 21, 1976, 90 Stat. 2848, related to divisions of Department of Medi- cine and Surgery, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7305 of this title. Provisions similar to those comprising this section were contained in former section 2001 of this title prior to the amendment of this chapter by Pub. L. 92–540. AMENDMENTS 2002—Pub. L. 107–288, § 5(a)(1)(B), substituted ‘‘job and job training intensive services program,’’ for ‘‘job and job training counseling service program,’’. Pub. L. 107–288, § 5(b)(1), substituted ‘‘and veterans who served on active duty during a war or in a cam- paign or expedition for which a campaign badge has been authorized’’ for ‘‘and veterans of the Vietnam era’’ and inserted before period ‘‘, including programs carried out by the Veterans’ Employment and Training Service to implement all efforts to ease the transition of servicemembers to civilian careers that are con- sistent with, or an outgrowth of, the military experi- ence of the servicemembers’’. 1991—Pub. L. 102–83 renumbered section 2002 of this title as this section and substituted ‘‘4102A’’ for ‘‘2002A’’. 1988—Pub. L. 100–323 inserted ‘‘and Training’’ after ‘‘for Veterans’ Employment’’ and substituted ‘‘Vet- erans’ Employment and Training Service’’ for ‘‘Vet- erans Employment Service’’. 1983—Pub. L. 98–160 substituted ‘‘an Assistant’’ for ‘‘a Assistant’’. 1982—Pub. L. 97–306 inserted ‘‘and regulations’’ after ‘‘to this end policies’’, and inserted ‘‘, with priority given to the needs of disabled veterans and veterans of the Vietnam era’’ after ‘‘opportunities’’. 1980—Pub. L. 96–466 struck out ‘‘Deputy’’ before ‘‘As- sistant Secretary’’. 1976—Pub. L. 94–502 inserted ‘‘by a Deputy Assistant Secretary of Labor for Veteran’s Employment, estab- lished by section 2002A of this title,’’ after ‘‘promul- gated and administered’’. 1974—Pub. L. 93–508 substituted ‘‘eligible veterans and eligible persons’’ for ‘‘eligible veterans’’ and ‘‘to pro- vide such veterans and persons’’ for ‘‘to provide such veterans’’. 1972—Pub. L. 92–540 substituted provisions stating the Congressional declaration of purpose, for provisions re- lating to the assignment of veterans’ employment rep- resentatives. See section 2003 of this title. 1966—Pub. L. 89–358 inserted ‘‘or of service after Janu- ary 31, 1955’’ after ‘‘veterans of any war’’ in cls. (3) and (5); ‘‘or of service after January 31, 1955’’ after ‘‘veteran of any war’’ in first sentence; and ‘‘or of service after January 31, 1955,’’ after ‘‘veterans of any war’’ in cls. (1) and (4), wherever appearing, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–288, § 5(b)(2), Nov. 7, 2002, 116 Stat. 2045, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 7, 2002].’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by 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. 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. VETERAN’S EMPLOYMENT PROVISIONS Pub. L. 93–567, title I, § 104, Dec. 31, 1974, 88 Stat. 1848, as amended by Pub. L. 94–444, § 12(a), Oct. 1, 1976, 90 Page 958 TITLE 38—VETERANS’ BENEFITS § 4102A Stat. 1483; Pub. L. 94–502, title VI, § 601(c), Oct. 15, 1976, 90 Stat. 2404, which authorized Secretary of Labor to provide for an outreach and public information pro- gram for veterans utilizing, to maximum extent, the Departments of Labor and Health, Education, and Wel- fare and the Veterans’ Administration, was repealed by Pub. L. 95–524, § 7, Oct. 27, 1978, 92 Stat. 2021. § 4102A. Assistant Secretary of Labor for Vet- erans’ Employment and Training; program functions; Regional Administrators (a) ESTABLISHMENT OF POSITION OF ASSISTANT SECRETARY OF LABOR FOR VETERANS’ EMPLOY- MENT AND TRAINING.—(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 formulate and implement all departmental policies and procedures to carry out (A) the pur- poses of this chapter, chapter 42, and chapter 43 of this title, and (B) all other Department of Labor employment, unemployment, and train- ing programs to the extent they affect veterans. (2) The employees of the Department of Labor administering chapter 43 of this title shall be administratively and functionally responsible to the Assistant Secretary of Labor for Veterans’ Employment and Training. (3)(A) There shall be within the Department of Labor a Deputy Assistant Secretary of Labor for Veterans’ Employment and Training. The Dep- uty Assistant Secretary shall perform such func- tions as the Assistant Secretary of Labor for Veterans’ Employment and Training prescribes. (B) No individual may be appointed as a Dep- uty Assistant Secretary of Labor for Veterans’ Employment and Training unless the individual has at least five years of service in a manage- ment position as an employee of the Federal civil service or comparable service in a manage- ment position in the Armed Forces. For pur- poses of determining such service of an indi- vidual, there shall be excluded any service de- scribed in subparagraphs (A), (B), and (C) of sec- tion 308(d)(2) of this title. (b) PROGRAM FUNCTIONS.—The Secretary shall carry out the following functions: (1) Except as expressly provided otherwise, carry out all provisions of this chapter and chapter 43 of this title through the Assistant Secretary of Labor for Veterans’ Employment and Training and administer through such As- sistant Secretary all programs under the juris- diction of the Secretary for the provision of employment and training services designed to meet the needs of all veterans and persons eli- gible for services furnished under this chapter. (2) In order to make maximum use of avail- able resources in meeting such needs, encour- age all such programs, and all grantees and contractors under such programs to enter into cooperative arrangements with private indus- try and business concerns (including small business concerns owned by veterans or dis- abled veterans), 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 re- spect to (A) programs conducted under other provisions of this title, with particular empha- sis on coordination of such programs with re- adjustment counseling activities carried out under section 1712A of this title, apprentice- ship 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 and (B) deter- minations covering veteran population in a State. (4) Ensure that employment, training, and placement activities are carried out in coordi- nation and cooperation with appropriate State public employment service officials. (5) Subject to subsection (c), make available for use in each State by grant or contract such funds as may be necessary to support— (A) disabled veterans’ outreach program specialists appointed under section 4103A(a)(1) of this title, (B) local veterans’ employment represent- atives assigned under section 4104(b) of this title, and (C) the reasonable expenses of such spe- cialists and representatives described in sub- paragraphs (A) and (B), respectively, for training, travel, supplies, and other business expenses, including travel expenses and per diem for attendance at the National Vet- erans’ 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 pro- vided for use in the States under paragraph (5). (7) Establish, and update as appropriate, a comprehensive performance accountability system (as described in subsection (f)) and carry out annual performance reviews of vet- erans employment, training, and placement services provided through employment service delivery systems, including through disabled veterans’ outreach program specialists and through local veterans’ employment rep- resentatives in States receiving grants, con- tracts, or awards under this chapter. (8) With advice and assistance from the Ad- visory Committee on Veterans Employment, Training, and Employer Outreach established under section 4110 of this title, furnish infor- mation to employers (through meetings in person with hiring executives of corporations and otherwise) with respect to the training and skills of veterans and disabled veterans, and the advantages afforded employers by hir- ing veterans with such training and skills, and to facilitate employment of veterans and dis- abled veterans through participation in labor exchanges (Internet-based and otherwise), and other means. (c) CONDITIONS FOR RECEIPT OF FUNDS.—(1) The distribution and use of funds under subsection (b)(5) in order to carry out sections 4103A(a) and 4104(a) of this title shall be subject to the con- tinuing supervision and monitoring of the Sec- retary and shall not be governed by the provi- sions of any other law, or any regulations pre- scribed thereunder, that are inconsistent with this section or section 4103A or 4104 of this title.