§ 2913. — Veterans' workforce investment programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2913]
TITLE 29--LABOR
CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
SUBCHAPTER IV--NATIONAL PROGRAMS
Sec. 2913. Veterans' workforce investment programs
(a) Authorization
(1) In general
The Secretary shall conduct, directly or through grants or
contracts, programs to meet the needs for workforce investment
activities of veterans with service-connected disabilities, veterans
who have significant barriers to employment, veterans who served on
active duty in the armed forces during a war or in a campaign or
expedition for which a campaign badge has been authorized, and
recently separated veterans.
(2) Conduct of programs
Programs supported under this section may be conducted through
grants and contracts with public agencies and private nonprofit
organizations, including recipients of Federal assistance under
other provisions of this chapter, that the Secretary determines have
an understanding of the unemployment problems of veterans described
in paragraph (1), familiarity with the area to be served, and the
capability to administer effectively a program of workforce
investment activities for such veterans.
(3) Required activities
Programs supported under this section shall include--
(A) activities to enhance services provided to veterans by
other providers of workforce investment activities funded by
Federal, State, or local government;
(B) activities to provide workforce investment activities to
such veterans that are not adequately provided by other public
providers of workforce investment activities; and
(C) outreach and public information activities to develop
and promote maximum job and job training opportunities for such
veterans and to inform such veterans about employment, job
training, on-the-job training and educational opportunities
under this chapter, under title 38, and under other provisions
of law, which activities shall be coordinated with activities
provided through the one-stop centers described in section
2864(c) of this title.
(b) Administration of programs
(1) In general
The Secretary shall administer programs supported under this
section through the Assistant Secretary for Veterans' Employment and
Training.
(2) Additional responsibilities
In carrying out responsibilities under this section, the
Assistant Secretary for Veterans' Employment and Training shall--
(A) be responsible for the awarding of grants and contracts
and the distribution of funds under this section and for the
establishment of appropriate fiscal controls, accountability,
and program performance measures for recipients of grants and
contracts under this section; and
(B) consult with the Secretary of Veterans Affairs and take
steps to ensure that programs supported under this section are
coordinated, to the maximum extent feasible, with related
programs and activities conducted under title 38, including
programs and activities conducted under subchapter II of chapter
77 of such title, chapters 30, 31, 32, and 34 of such title, and
sections 1712A, 1720A, 3687, and 4103A of such title.
(Pub. L. 105-220, title I, Sec. 168, Aug. 7, 1998, 112 Stat. 1027.)
Prior Provisions
Provisions similar to this section were contained in section 1721 of
this title prior to repeal by Pub. L. 105-220.
Coordination of Information and Assistance
Pub. L. 100-689, title IV, Sec. 402, Nov. 18, 1988, 100 Stat. 4178,
as amended by Pub. L. 105-277, div. A, Sec. 101(f) [title VIII,
Sec. 405(d)(24), (f)(16)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-423,
2681-432, provided that:
``(a) Purpose.--It is the purpose of this section to ensure that
veterans who are dislocated workers eligible for assistance under title
I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.] or
are otherwise unemployed receive, to the extent feasible, assistance
(including information on vocational guidance or vocational counseling,
or information on both vocational guidance or vocational counseling),
including information on counseling, needed by such veterans--
``(1) to apply for services and benefits for which they are
eligible as veterans, dislocated workers, or unemployed persons;
``(2) to obtain resolution of questions and problems relating to
such services and benefit[s]; and
``(3) to initiate any authorized administrative appeals of
determinations or other actions relating to such services and
benefits.
``(b) Memorandum of Understanding.--(1) Not later than one year
after the date of the enactment of this Act [Nov. 18, 1988], the
Secretary of Labor and the Administrator of Veterans' Affairs shall
enter into a memorandum of understanding to carry out the purpose of
this section. The memorandum shall include provisions that define the
relationships and responsibilities of the Veterans' Administration, the
Department of Labor, and State and local agencies with respect to the
provision of the following information, forms, and assistance:
``(A) Information on services and benefits referred to in
subsection (d).
``(B) All application forms and related forms necessary for
individuals to apply for such services and to claim such benefits.
``(C) Assistance in resolving questions and problems relating to
receipt of such services and benefits.
``(D) Assistance in contacting other Federal Government offices
and State offices where such services or benefits are provided or
administered.
``(2) The memorandum of understanding entered into pursuant to
paragraph (1) shall include a provision for the periodic evaluation, by
the Secretary of Labor and the Administrator of Veterans' Affairs, of
the implementation of their respective responsibilities under such
memorandum.
``(c) Coordination of Department of Labor Activities.--The Assistant
Secretary of Labor for Veterans' Employment and Training, in
consultation with the unit or office designated or created under section
322(b) of the Job Training Partnership Act [former 29 U.S.C. 1662a(b)]
or any successor to such unit or office under title I of the Workforce
Investment Act of 1998 [29 U.S.C. 2801 et seq.], shall, except as the
Secretary of Labor may otherwise direct, coordinate the activities of
the components of the Department of Labor performing the
responsibilities of the Secretary of Labor under this section.
``(d) Covered Services and Benefits.--This section applies with
respect to the following services and benefits:
``(1) Employment assistance under--
``(A) title I of the Workforce Investment Act of 1998 [29
U.S.C. 2801 et seq.]; and
``(B) the Veterans' Job Training Act (97 Stat. 443; 29
U.S.C. 1721 note [now set out below]).
``(2) Employment and training activities for dislocated workers
under title I of the Workforce Investment Act of 1998 [29 U.S.C.
2801 et seq.].
``(3) Employment assistance and unemployment compensation under
the trade adjustment assistance program provided in chapter 2 of
title II of the Trade Act of 1974 (29 [19] U.S.C. 2271 et seq.) and
under any other program administered by the Employment and Training
Administration of the Department of Labor.
``(4) Educational assistance under--
``(A) the Adult Education Act ([former] 20 U.S.C. 1201 et
seq.); and
``(B) chapters 30, 31, 32, 34, and 35 of title 38, United
States Code, and chapter 106 of title 10, United States Code.
``(5) Certification of a veteran as a member of a targeted group
eligible for the targeted jobs credit determined under section 51 of
the Internal Revenue Code of 1986 [26 U.S.C. 51].
``(e) Definition.--In this section, the term `veteran' has the
meaning given such term in section 101(2) of title 38, United States
Code.''
Veterans' Job Training Act
Pub. L. 98-77, Aug. 15, 1983, 97 Stat. 443, as amended by Pub. L.
98-160, title VII, Sec. 704, Nov. 21, 1983, 97 Stat. 1011; Pub. L. 98-
543, title II, Sec. 212, Oct. 24, 1984, 98 Stat. 2744; Pub. L. 99-108,
Sec. 4, Sept. 30, 1985, 99 Stat. 481; Pub. L. 99-238, title II,
Sec. 201(a)(1), (b)-(e), Jan. 13, 1986, 99 Stat. 1767, 1768; Pub. L.
100-77, title IX, Sec. 901, July 22, 1987, 101 Stat. 538; Pub. L. 100-
227, title II, Sec. 201, Dec. 31, 1987, 101 Stat. 1555; Pub. L. 100-323,
Secs. 11(a)(1), (2), (3)(B), (4), (b)-(f), 15(b)(2), (c)(2), May 20,
1988, 102 Stat. 567-570, 574; Pub. L. 102-40, title IV, Sec. 402(d)(2),
May 7, 1991, 105 Stat. 239; Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991,
105 Stat. 406; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII,
Sec. 405(d)(25), (f)(17)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-423,
2681-432, provided that:
``short title
``Section 1. This Act may be cited as the `Veterans' Job Training
Act'.
``purpose
``Sec. 2. The purpose of this Act is to address the problem of
severe and continuing unemployment among veterans by providing, in the
form of payments to defray the costs of training, incentives to
employers to hire and train certain wartime veterans who have been
unemployed for long periods of time for stable and permanent positions
that involve significant training.
``definitions
``Sec. 3. For the purposes of this Act:
``(1) The term `Administrator' means the Administrator of
Veterans' Affairs.
``(2) The term `Secretary' means the Secretary of Labor.
``(3) The terms `veteran', `Korean conflict', `compensation',
`service-connected', `State', `active military, naval, or air
service', and `Vietnam era', have the meanings given such terms in
paragraphs (2), (9), (13), (16), (20), (24), and (29), respectively,
of section 101 of title 38, United States Code.
``establishment of program
``Sec. 4. (a) The Administrator and, to the extent specifically
provided by this Act, the Secretary shall carry out a program in
accordance with this Act to assist eligible veterans in obtaining
employment through training for employment in stable and permanent
positions that involve significant training. The program shall be
carried out through payments to employers who employ and train eligible
veterans in such jobs in order to assist such employers in defraying the
costs of necessary training.
``(b) The Secretary shall carry out the Secretary's responsibilities
under this Act through the Assistant Secretary of Labor for Veterans'
Employment and Training established under section 4102A of title 38,
United States Code.
``eligibility for program; duration of assistance
``Sec. 5. (a)(1) To be eligible for participation in a job training
program under this Act, a veteran must be a Korean conflict or Vietnam-
era veteran who--
``(A) is unemployed at the time of applying for participation in
a program under this Act; and
``(B) has been unemployed for at least 10 of the 15 weeks
immediately preceding the date of such veteran's application for
participation in a program under this Act.
``(2) For purposes of paragraph (1), the term `Korean conflict or
Vietnam-era veteran' means a veteran--
``(A) who served in the active military, naval, or air service
for a period of more than one hundred and eighty days, any part of
which was during the Korean conflict or the Vietnam era; or
``(B) who served in the active military, naval, or air service
during the Korean conflict or the Vietnam era and--
``(i) was discharged or released therefrom for a service-
connected disability; or
``(ii) is entitled to compensation (or but for the receipt
of retirement pay would be entitled to compensation).
``(3) For purposes of paragraph (1), a veteran shall be considered
to be unemployed during any period the veteran is without a job and
wants and is available for work.
``(b)(1) A veteran who desires to participate in a program of job
training under this Act shall submit to the Administrator an application
for participation in such a program. Such an application--
``(A) shall include a certification by the veteran that the
veteran is unemployed and meets the other criteria for eligibility
prescribed by subsection (a); and
``(B) shall be in such form and contain such additional
information as the Administrator may prescribe.
``(2)(A) Subject to subparagraph (B), the Administrator shall
approve an application by a veteran for participation in a program of
job training under this Act unless the Administrator finds that the
veteran is not eligible to participate in a program of job training
under this Act.
``(B) The Administrator may withhold approval of an application of a
veteran under this Act if the Administrator determines that, because of
limited funds available for the purpose of making payments to employers
under this Act, it is necessary to limit the number of participants in
programs under this Act.
``(3)(A) Subject to section 14(c), the Administrator shall certify
as eligible for participation under this Act a veteran whose application
is approved under this subsection and shall furnish the veteran with a
certificate of that veteran's eligibility for presentation to an
employer offering a program of job training under this Act. Any such
certificate shall expire 90 days after it is furnished to the veteran.
The date on which a certificate is furnished to a veteran under this
paragraph shall be stated on the certificate.
``(B) A certificate furnished under this paragraph may, upon the
veteran's application, be renewed in accordance with the terms and
conditions of subparagraph (A).
``(c) The maximum period of training for which assistance may be
provided on behalf of a veteran under this Act is--
``(1) fifteen months in the case of--
``(A) a veteran with a service-connected disability rated at
30 percent or more; or
``(B) a veteran with a service-connected disability rated at
10 percent or 20 percent who has been determined under section
3106 of title 38, United States Code, to have a serious
employment handicap; and
``(2) nine months in the case of any other veteran.
``employer job training programs
``Sec. 6. (a)(1) Except as provided in paragraph (2), in order to be
approved as a program of job training under this Act, a program of job
training of an employer approved under section 7 must provide training
for a period of not less than six months in an occupation in a growth
industry, in an occupation requiring the use of new technological
skills, or in an occupation for which demand for labor exceeds supply.
``(2) A program of job training providing training for a period of
at least three but less than six months may be approved if the
Administrator determines (in accordance with standards which the
Administrator shall prescribe) that the purpose of this Act would be met
through that program.
``(b) Subject to section 10 and the other provisions of this Act, a
veteran who has been approved for participation in a program of job
training under this Act and has a current certificate of eligibility for
such participation may enter a program of job training that has been
approved under section 7 and that is offered to the veteran by the
employer.
``approval of employer programs
``Sec. 7. (a)(1) An employer may be paid assistance under section
8(a) on behalf of an eligible veteran employed by such employer and
participating in a program of job training offered by that employer only
if the program is approved under this section and in accordance with
such procedures as the Administrator may by regulation prescribe.
``(2) Except as provided in subsection (b), the Administrator shall
approve a proposed program of job training of an employer unless the
Administrator determines that the application does not contain a
certification and other information meeting the requirements established
under this Act or that withholding of approval is warranted under
subsection (g).
``(b) The Administrator may not approve a program of job training--
``(1) for employment which consists of seasonal, intermittent,
or temporary jobs;
``(2) for employment under which commissions are the primary
source of income;
``(3) for employment which involves political or religious
activities;
``(4) for employment with any department, agency,
instrumentality, or branch of the Federal Government (including the
United States Postal Service and the Postal Rate Commission); or
``(5) if the training will not be carried out in a State.
``(c) An employer offering a program of job training that the
employer desires to have approved for the purposes of this Act shall
submit to the Administrator a written application for such approval.
Such application shall be in such form as the Administrator shall
prescribe.
``(d) An application under subsection (c) shall include a
certification by the employer of the following:
``(1) That the employer is planning that, upon a veteran's
completion of the program of job training, the employer will employ
the veteran in a position for which the veteran has been trained and
that the employer expects that such a position will be available on
a stable and permanent basis to the veteran at the end of the
training period.
``(2) That the wages and benefits to be paid to a veteran
participating in the employer's program of job training will be not
less than the wages and benefits normally paid to other employees
participating in a comparable program of job training.
``(3) That the employment of a veteran under the program--
``(A) will not result in the displacement of currently
employed workers (including partial displacement such as a
reduction in the hours of nonovertime work, wages, or employment
benefits); and
``(B) will not be in a job (i) while any other individual is
on layoff from the same or any substantially equivalent job, or
(ii) the opening for which was created as a result of the
employer having terminated the employment of any regular
employee or otherwise having reduced its work force with the
intention of hiring a veteran in such job under this Act.
``(4) That the employer will not employ in the program of job
training a veteran who is already qualified by training and
experience for the job for which training is to be provided.
``(5) That the job which is the objective of the training
program is one that involves significant training.
``(6) That the training content of the program is adequate, in
light of the nature of the occupation for which training is to be
provided and of comparable training opportunities in such
occupation, to accomplish the training objective certified under
clause (2) of subsection (e).
``(7) That each participating veteran will be employed full time
in the program of job training.
``(8) That the training period under the proposed program is not
longer than the training periods that employers in the community
customarily require new employees to complete in order to become
competent in the occupation or job for which training is to be
provided.
``(9) That there are in the training establishment or place of
employment such space, equipment, instructional material, and
instructor personnel as needed to accomplish the training objective
certified under clause (2) of subsection (e).
``(10) That the employer will keep records adequate to show the
progress made by each veteran participating in the program and
otherwise to demonstrate compliance with the requirements
established under this Act.
``(11) That the employer will furnish each participating
veteran, before the veteran's entry into training, with a copy of
the employer's certification under this subsection and will obtain
and retain the veteran's signed acknowledgment of having received
such certification.
``(12) That, as applicable, the employer will provide each
participating veteran with the full opportunity to participate in a
personal interview pursuant to section 14(b)(1)(A) during the
veteran's normal workday.
``(13) That the program meets such other criteria as the
Administrator may determine are essential for the effective
implementation of the program established by this Act.
``(e) A certification under subsection (d) shall include--
``(1) a statement indicating (A) the total number of hours of
participation in the program of job training to be offered a
veteran, (B) the length of the program of job training, and (C) the
starting rate of wages to be paid to a participant in the program;
and
``(2) a description of the training content of the program
(including any agreement the employer has entered into with an
educational institution under section 10) and of the objective of
the training.
``(f)(1) Except as specified in paragraph (2), each matter required
to be certified to in paragraphs (1) through (11) of subsection (d)
shall be considered to be a requirement established under this Act.
``(2)(A) For the purposes of section 8(c), only matters required to
be certified in paragraphs (1) through (10) of subsection (d) shall be
so considered.
``(B) For the purposes of section 11, a matter required to be
certified under paragraph (12) of subsection (d) shall also be so
considered.
``(g) In accordance with regulations which the Administrator shall
prescribe, the Administrator may withhold approval of an employer's
proposed program of job training pending the outcome of an investigation
under section 12 and, based on the outcome of such an investigation, may
disapprove such program.
``(h) For the purposes of this section, approval of a program of
apprenticeship or other on-job training for the purposes of section 3687
of title 38, United States Code, shall be considered to meet all
requirements established under the provisions of this Act (other than
subsections (b) and (d)(3)) for approval of a program of job training.
``payments to employers; overpayment
``Sec. 8. (a)(1) Except as provided in paragraph (3) and subsection
(b) and subject to the provisions of section 9, the Administrator shall
make quarterly payments to an employer of a veteran participating in an
approved program of job training under this Act. Subject to section 5(c)
and paragraph (2), the amount paid to an employer on behalf of a veteran
for any period of time shall be 50 percent of the product of (A) the
starting hourly rate of wages paid to the veteran by the employer
(without regard to overtime or premium pay), and (B) the number of hours
worked by the veteran during that period.
``(2) The total amount that may be paid to an employer on behalf of
a veteran participating in a program of job training under this Act is
$10,000.
``(3) In order to relieve financial burdens on business enterprises
with relatively few numbers of employees, the Administrator may make
payments under this Act on a monthly, rather than quarterly, basis to an
employer with a number of employees less than a number which shall be
specified in regulations which the Administrator shall prescribe for the
purposes of this paragraph.
``(b) Payment may not be made to an employer for a period of
training under this Act on behalf of a veteran until the Administrator
has received--
``(1) from the veteran, a certification that the veteran was
employed full time by the employer in a program of job training
during such period; and
``(2) from the employer, a certification--
``(A) that the veteran was employed by the employer during
that period and that the veteran's performance and progress
during such period were satisfactory; and
``(B) of the number of hours worked by the veteran during
that period.
With respect to the first such certification by an employer with respect
to a veteran, the certification shall indicate the date on which the
employment of the veteran began and the starting hourly rate of wages
paid to the veteran (without regard to overtime or premium pay).
``(c)(1)(A) Whenever the Administrator finds that an overpayment
under this Act has been made to an employer on behalf of a veteran as a
result of a certification, or information contained in an application,
submitted by an employer which was false in any material respect, the
amount of such overpayment shall constitute a liability of the employer
to the United States.
``(B) Whenever the Administrator finds that an employer has failed
in any substantial respect to comply for a period of time with a
requirement established under this Act (unless the employer's failure is
the result of false or incomplete information provided by the veteran),
each amount paid to the employer on behalf of a veteran for that period
shall be considered to be an overpayment under this Act, and the amount
of such overpayment shall constitute a liability of the employer to the
United States.
``(2) Whenever the Administrator finds that an overpayment under
this Act has been made to an employer on behalf of a veteran as a result
of a certification by the veteran, or as a result of information
provided to an employer or contained in an application submitted by the
veteran, which was willfully or negligently false in any material
respect, the amount of such overpayment shall constitute a liability of
the veteran to the United States.
``(3) Any overpayment referred to in paragraph (1) or (2) may be
recovered in the same manner as any other debt due the United States.
Any overpayment recovered shall be credited to funds available to make
payments under this Act. If there are no such funds, any overpayment
recovered shall be deposited into the Treasury.
``(4) Any overpayment referred to in paragraph (1) or (2) may be
waived, in whole or in part, in accordance with the terms and conditions
set forth in section 5302 of title 38, United States Code.
``entry into program of job training
``Sec. 9. Notwithstanding any other provision of this Act, the
Administrator may withhold or deny approval of a veteran's entry into an
approved program of job training if the Administrator determines that
funds are not available to make payments under this Act on behalf of the
veteran to the employer offering that program. Before the entry of a
veteran into an approved program of job training of an employer for
purposes of assistance under this Act, the employer shall notify the
Administrator of the employer's intention to employ that veteran. The
veteran may begin such program of job training with the employer two
weeks after the notice is transmitted to the Administrator unless within
that time the employer has received notice from the Administrator that
approval of the veteran's entry into that program of job training must
be withheld or denied in accordance with this section.
``provision of training through educational institutions
``Sec. 10. An employer may enter into an agreement with an
educational institution that has been approved for the enrollment of
veterans under chapter 34 of title 38, United States Code, in order that
such institution may provide a program of job training (or a portion of
such a program) under this Act. When such an agreement has been entered
into, the application of the employer under section 7 shall so state and
shall include a description of the training to be provided under the
agreement.
``discontinuance of approval of participation in certain employer
programs
``Sec. 11. (a) If the Administrator finds at any time that a program
of job training previously approved by the Administrator for the
purposes of this Act thereafter fails to meet any of the requirements
established under this Act, the Administrator may immediately disapprove
further participation by veterans in that program. The Administrator
shall provide to the employer concerned, and to each veteran
participating in the employer's program, a statement of the reasons for,
and an opportunity for a hearing with respect to, such disapproval. The
employer and each such veteran shall be notified of such disapproval,
the reasons for such disapproval, and the opportunity for a hearing.
Notification shall be by a certified or registered letter, and a return
receipt shall be secured.
``(b)(1) If the Administrator determines that the rate of veterans'
successful completion of an employer's programs of job training
previously approved by the Administrator for the purposes of this Act is
disproportionately low because of deficiencies in the quality of such
programs, the Administrator shall disapprove participation in such
programs on the part of veterans who had not begun such participation on
the date that the employer is notified of the disapproval. In
determining whether any such rate is disproportionately low because of
such deficiencies, the Administrator shall take into account appropriate
data, including--
``(A) the quarterly data provided by the Secretary with respect
to the number of veterans who receive counseling in connection with
training under this Act, are referred to employers under this Act,
participate in job training under this Act, complete such training
or do not complete such training, and the reasons for noncompletion;
and
``(B) data compiled through the particular employer's compliance
surveys.
``(2) With respect to a disapproval under paragraph (1), the
Administrator shall provide to the employer concerned the kind of
statement, opportunity for hearing, and notice described in subsection
(a).
``(3) A disapproval under paragraph (1) shall remain in effect until
such time as the Administrator determines that adequate remedial action
has been taken.
``inspection of records; investigations
``Sec. 12. (a) The records and accounts of employers pertaining to
veterans on behalf of whom assistance has been paid under this Act, as
well as other records that the Administrator determines to be necessary
to ascertain compliance with the requirements established under this
Act, shall be available at reasonable times for examination by
authorized representatives of the Federal Government.
``(b) The Administrator may monitor employers and veterans
participating in programs of job training under this Act to determine
compliance with the requirements established under this Act.
``(c) The Administrator may investigate any matter the Administrator
considers necessary to determine compliance with the requirements
established under this Act. The investigations authorized by this
subsection may include examining records (including making certified
copies of records), questioning employees, and entering into any
premises or onto any site where any part of a program of job training is
conducted under this Act, or where any of the records of the employer
offering or providing such program are kept.
``(d) The Administrator may administer functions under subsections
(b) and (c) in accordance with an agreement between the Administrator
and the Secretary providing for the administration of such subsections
(or any portion of such subsections) by the Department of Labor. Under
such an agreement, any entity of the Department of Labor specified in
the agreement may administer such subsections, notwithstanding section
4(b).
``coordination with other programs
``Sec. 13. (a)(1) Assistance may not be paid under this Act to an
employer on behalf of a veteran for any period of time described in
paragraph (2) and to such veteran under chapter 31, 32, 34, 35, or 36 of
title 38, United States Code, for the same period of time.
``(2) A period of time referred to in paragraph (1) is the period of
time beginning on the date on which the veteran enters into an approved
program of job training of an employer for purposes of assistance under
this Act and ending on the last date for which such assistance is
payable.
``(b) Assistance may not be paid under this Act to an employer on
behalf of an eligible veteran for any period if the employer receives
for that period any other form of assistance on account of the training
or employment of the veteran, including assistance under title I of the
Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.] or a credit
under section 44B of the Internal Revenue Code of 1954 (26 U.S.C. 44B)
(relating to credit for employment of certain new employees).
``(c) Assistance may not be paid under this Act on behalf of a
veteran who has completed a program of job training under this Act.
``counseling
``Sec. 14. (a)(1) The Administrator and the Secretary may, upon
request, provide employment counseling services to any veteran eligible
to participate under this Act in order to assist such veteran in
selecting a suitable program of job training under this Act.
``(2) The Administrator shall, after consultation with the
Secretary, provide a program of job-readiness skills development and
counseling services designed to assist veterans in need of such
assistance in finding, applying for, and successfully participating in a
suitable program of job training under this Act. As part of providing
such services, the Administrator shall coordinate activities, to the
extent practicable, with the readjustment counseling program described
in section 1712A of title 38, United States Code. The Administrator
shall advise veterans participating under this Act of the availability
of such services and encourage them to request such services whenever
appropriate.
``(b)(1) The Secretary shall provide for a program under which--
``(A) except as provided in paragraph (2), a disabled veteran's
outreach program specialist appointed under section 4103A(a) of
title 38, United States Code, is assigned as a case manager for each
veteran participating in a program of job training under this Act;
``(B) the veteran has an in-person interview with the case
manager not later than 60 days after entering into a program of
training under this Act; and
``(C) periodic (not less frequent than monthly) contact is
maintained with each such veteran for the purpose of (i) avoiding
unnecessary termination of employment, (ii) referring the veteran to
appropriate counseling, if necessary, (iii) facilitating the
veteran's successful completion of such program, and (iv) following
up with the employer and the veteran in order to determine the
veteran's progress in the program and the outcome regarding the
veteran's participation in and successful completion of the program.
``(2) No case manager shall be assigned pursuant to paragraph
(1)(A)--
``(A) for a veteran if, on the basis of a recommendation made by
a disabled veterans' outreach program specialist, the Secretary
determines that there is no need for a case manager for such
veteran; or
``(B) in the case of the employees of an employer, if the
Secretary determines that--
``(i) the employer has an appropriate and effective employee
assistance program that is available to all veterans
participating in the employer's programs of job training under
this Act; or
``(ii) the rate of veterans' successful completion of the
employer's programs of job training under this Act, either
cumulatively or during the previous program year, is 60 percent
or higher.
``(3) The Secretary and the Administrator shall jointly provide, to
the extent feasible--
``(A) a program of counseling or other services (to be provided
pursuant to subchapter IV of chapter 3 [now subchapter II of chapter
77] of title 38, United States Code, and sections 1712A, 4103A, and
4104 of such title) designed to resolve difficulties that may be
encountered by veterans during their training under this Act; and
``(B) a program of information services under which--
``(i) each veteran who enters into a program of job training
under this Act and each employer participating under this Act is
informed of the supportive services and resources available to
the veteran (I) under clauses (A) and (B), (II) through
Veterans' Administration counseling and career-development
activities (especially, in the case of a Vietnam-era veteran,
readjustment counseling services under section 1712A of such
title) and under title I of the Workforce Investment Act of 1998
[29 U.S.C. 2801 et seq.], and (III) through other appropriate
agencies in the community; and
``(ii) veterans and employers are encouraged to request such
services whenever appropriate.
``(c) Before a veteran who voluntarily terminates from a program of
job training under this Act or is involuntarily terminated from such
program by the employer may be eligible to be provided with a further
certificate, or renewal of certification, of eligibility for
participation under this Act, such veteran must be provided by the
Secretary, after consultation with the Administrator, with a case
manager.
``(d) Payments made under this Act pursuant to contracts entered
into for the provision of job-readiness skills development and
counseling services under subsection (a)(2) may only be paid out of the
same account used to make payments under section 3104(a)(7) of title 38,
United States Code, and the amount paid out of such account in any
fiscal year for such services shall not exceed an amount equal to 5
percent of the amount obligated to carry out this Act for such fiscal
year, except that for fiscal year 1988 the amount shall not exceed 5
percent of the amount available to carry out this Act on October 1,
1987.
``information and outreach; use of agency resources
``Sec. 15. (a)(1) The Administrator and the Secretary shall jointly
provide for an outreach and public information program--
``(A) to inform veterans about the employment and job training
opportunities available under this Act, under chapters 31, 34, 36,
41, and 42 of title 38, United States Code, and under other
provisions of law; and
``(B) to inform private industry and business concerns
(including small business concerns), public agencies and
organizations, educational institutions, trade associations, and
labor unions about the job training opportunities available under,
and the advantages of participating in, the program established by
this Act.
``(2) The Secretary, in consultation with the Administrator, shall
promote the development of employment and job training opportunities for
veterans by encouraging potential employers to make programs of job
training under this Act available for eligible veterans, by advising
other appropriate Federal departments and agencies of the program
established by this Act, and by advising employers of applicable
responsibilities under chapters 41 and 42 of title 38, United States
Code, with respect to veterans.
``(b) The Administrator and the Secretary shall coordinate the
outreach and public information program under subsection (a)(1), and job
development activities under subsection (a)(2), with job counseling,
placement, job development, and other services provided for under
chapters 41 and 42 of title 38, United States Code, and with other
similar services offered by other public agencies and organizations.
``(c)(1) The Administrator and the Secretary shall make available in
regional and local offices of the Veterans' Administration and the
Department of Labor such personnel as are necessary to facilitate the
effective implementation of this Act.
``(2) In carrying out the responsibilities of the Secretary under
this Act, the Secretary shall make maximum use of the services of
Directors and Assistant Directors for Veterans' Employment and Training,
disabled veterans' outreach program specialists, and employees of local
offices appointed pursuant to sections 4103, 4103A, and 4104 of title
38, United States Code. The Secretary shall also use such resources as
are available under title I of the Workforce Investment Act of 1998 [29
U.S.C. 2801 et seq.]. To the extent that the Administrator withholds
approval of veterans' applications under this Act pursuant to section
5(b)(2)(B), the Secretary shall take steps to assist such veterans in
taking advantage of opportunities that may be available to them under
title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.]
or under any other program carried out with funds provided by the
Secretary.
``(d) The Secretary shall request and obtain from the Administrator
of the Small Business Administration a list of small business concerns
and shall, on a regular basis, update such list. Such list shall be used
to identify and promote possible training and employment opportunities
for veterans.
``(e) The Administrator and the Secretary shall assist veterans and
employers desiring to participate under this Act in making application
and completing necessary certifications.
``(f) The Secretary shall, on a not less frequent than quarterly
basis, collect and compile from the heads of State employment services
and Directors for Veterans' Employment and Training for each State
information available to such heads and Directors, and derived from
programs carried out in their respective States, with respect to the
numbers of veterans who receive counseling services pursuant to section
14, who are referred to employers participating under this Act, who
participate in programs of job training under this Act, and who complete
such programs, and the reasons for veterans' noncompletion.
``authorization of appropriations
``Sec. 16. (a) There is authorized to be appropriated to the
Veterans' Administration (1) $150,000,000 for each of fiscal years 1984
and 1985, (2) a total of $65,000,000 for fiscal years 1986, and 1987,
and (3) $60,000,000 for each of the fiscal years 1988 and 1989 for the
purpose of making payments to employers under this Act and for the
purpose of section 18 of this Act. Amounts appropriated pursuant to this
section shall remain available until September 30, 1991.
``(b) Notwithstanding any other provision of law, any funds
appropriated under subsection (a) for any fiscal year which are
obligated for the purpose of making payments under section 8 on behalf
of a veteran (including funds so obligated which previously had been
obligated for such purpose on behalf of another veteran and were
thereafter deobligated) and are later deobligated shall immediately upon
deobligation become available to the Administrator for obligation for
such purpose. The further obligation of such funds by the Administrator
for such purpose shall not be delayed, directly or indirectly, in any
manner by any officer or employee in the executive branch.
``time periods for application and initiation of training
``Sec. 17. Assistance may not be paid to an employer under this
Act--
``(1) on behalf of a veteran who initially applies for a program
of job training under this Act after September 30, 1989; or
``(2) for any such program which begins after March 31, 1990.
``expansion of targeted delimiting date extension
``Sec. 18. (a) Subject to the limitation on the availability of
funds set forth in subsection (b), an associate degree program which is
predominantly vocational in content may be considered by the
Administrator, for the purposes of section 3462(a)(3) of title 38,
United States Code, to be a course with an approved vocational objective
if such degree program meets the requirements established in such title
for approval of such program.
``(b) Funds for the purpose of carrying out subsection (a) shall be
derived only from amounts appropriated pursuant to the authorizations of
appropriations in section 16. Not more than a total of $25,000,000 of
amounts so appropriated for fiscal years 1984 and 1985 shall be
available for that purpose.
``effective date
``Sec. 19. This Act shall take effect on October 1, 1983.''
[Amendment of Pub. L. 98-77, set out above, by Pub. L. 100-323
effective on 60th day after May 20, 1988, see section 16(b)(2) of Pub.
L. 100-323, set out as a note under section 3104 of Title 38, Veterans'
Benefits.]
[Pub. L. 99-238, title II, Sec. 201(f), Jan. 13, 1986, 99 Stat.
1768, provided that:
[``(1) Except as provided in paragraph (2), the amendments made by
this section [amending Pub. L. 98-77 above] shall take effect on the
date of the enactment of this Act [Jan. 13, 1986].
[``(2) The amendment made by subsection (e)(2) [amending section
17(a)(1) of Pub. L. 98-77 above] shall take effect on February 1,
1986.'']
Coordination With Programs Under Other Laws
For provisions requiring coordination of programs under section
3116(b) of Title 38, Veterans' Benefits, with programs under the
Veterans' Job Training Act, Pub. L. 98-77, set out above, see section
202 of Pub. L. 99-238, set out as a note under section 3116 of Title 38.
Section Referred to in Other Sections
This section is referred to in sections 2915, 2919 of this title.
