§ 4103A. — Disabled veterans' outreach program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC4103A]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 41--JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS
Sec. 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 under this chapter to meet the employment needs
of eligible veterans with the following 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
unemployment 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 educationally disadvantaged
veterans.
(b) Requirement for Qualified Veterans.--A State shall, to the
maximum extent practicable, employ qualified veterans to carry out the
services referred to in subsection (a). Preference shall be given in the
appointment of such specialists to qualified disabled veterans.
(Added Pub. L. 96-466, title V, Sec. 506(a), Oct. 17, 1980, 94 Stat.
2204, Sec. 2003A; amended Pub. L. 97-306, title III, Sec. 305, Oct. 14,
1982, 96 Stat. 1439; Pub. L. 100-323, Secs. 2(e)(1), 7(b), 15(c)(1), May
20, 1988, 102 Stat. 559, 565, 574; Pub. L. 101-237, title IV,
Sec. 423(b)(8), Dec. 18, 1989, 103 Stat. 2093; renumbered Sec. 4103A and
amended Pub. L. 102-83, Secs. 2(c)(4), 5(a), (c)(1), Aug. 6, 1991, 105
Stat. 402, 406; Pub. L. 102-568, title V, Secs. 501, 503, Oct. 29, 1992,
106 Stat. 4340; Pub. L. 103-446, title VII, Sec. 701(b), Nov. 2, 1994,
108 Stat. 4674; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII,
Sec. 405(d)(29)(B), (f)(21)(B)], Oct. 21, 1998, 112 Stat. 2681-337,
2681-424, 2681-432; Pub. L. 105-368, title X, Sec. 1004(a), Nov. 11,
1998, 112 Stat. 3364; Pub. L. 107-95, Sec. 9(a), Dec. 21, 2001, 115
Stat. 920; Pub. L. 107-288, Sec. 4(b)(1), Nov. 7, 2002, 116 Stat. 2043.)
Amendments
2002--Pub. L. 107-288 amended section generally, substituting
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 either veterans of the Vietnam era, veterans who
first entered on active duty as a member of the Armed Forces after May
7, 1975, or disabled veterans.'', in third sentence, struck out ``of the
Vietnam era'' after ``disabled veterans'', and struck out after third
sentence ``If the Secretary finds that a qualified disabled veteran of
the Vietnam era is not available for any such appointment, preference
for such appointment shall be given to other qualified disabled
veterans.''
Subsec. (c)(4). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 405(f)(21)(B)], struck out ``part C of title IV of the Job Training
Partnership Act and'' after ``training programs including''.
Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(29)(B)],
substituted ``including part C of title IV of the Job Training
Partnership Act and title I of the Workforce Investment Act of 1998''
for ``(including part C of title IV of the Job Training Partnership Act
(29 U.S.C. 1501 et seq.))''.
1994--Subsec. (a)(1). Pub. L. 103-446 substituted ``rates comparable
to those paid other professionals performing essentially similar
duties'' for ``a rate not less than the rate prescribed for an entry
level professional''.
1992--Subsec. (a)(1). Pub. L. 102-568, Sec. 501, substituted
``specialist for each 6,900 veterans residing in such State who are
either veterans of the Vietnam era, veterans who first entered on active
duty as a member of the Armed Forces after May 7, 1975, or disabled
veterans.'' for ``specialist for each 5,300 veterans of the Vietnam era
and disabled veterans residing in such State.''
Subsec. (b)(1)(A). Pub. L. 102-568, Sec. 503, amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: ``Services
to disabled veterans of the Vietnam era who are participating in or have
completed a program of vocational rehabilitation under chapter 31 of
this title.''
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 2003A of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 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, Sec. 5(c)(1), substituted ``4103''
for ``2003'' and ``1712A'' for ``612A''.
Pub. L. 102-83, Sec. 2(c)(4), substituted ``7723'' for ``242''.
Subsec. (c)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3687''
for ``1787''.
1989--Subsecs. (b)(2), (c)(2), (3), (8). Pub. L. 101-237 substituted
``Secretary of Veterans Affairs'' and ``Department of Veterans Affairs''
for ``Administrator'' and ``Veterans' Administration'', respectively,
wherever appearing.
1988--Subsec. (a)(1). Pub. L. 100-323, Sec. 2(e)(1)(A)(i), (ii),
redesignated par. (2) as (1), substituted ``The amount of funds made
available for use in a State under section 2002A(b)(5)(A)(i) of this
title shall be sufficient to support the appointment of one disabled
veterans' outreach program specialist for each 5,300 veterans of the
Vietnam era and disabled veterans residing in such State.'' for ``Funds
provided for use in a State under this subsection shall be sufficient to
support the appointment of one disabled veterans' outreach program
specialist for each 5,300 veterans of the Vietnam era and disabled
veterans residing in such State.'', inserted ``qualified'' before
``veteran'' in second sentence, inserted ``qualified'' before
``disabled'' wherever appearing in third, fourth, and fifth sentences,
inserted ``qualified'' after ``any'' in fifth sentence, and struck out
former par. (1) which read as follows: ``The Secretary of Labor, acting
through the Assistant Secretary for Veterans' Employment, shall make
available for use in each State, directly or by grant or contract, such
funds as may be necessary to support a disabled veterans' outreach
program designed to meet the employment needs of veterans, especially
disabled veterans of the Vietnam era.''
Subsec. (a)(2). Pub. L. 100-323, Sec. 2(e)(1)(A)(i), (iii),
redesignated par. (4) as (2) and struck out ``paragraph (2) of'' after
``appointed pursuant to''. Former par. (2) redesignated (1).
Subsec. (a)(3). Pub. L. 100-323, Sec. 2(e)(1)(A)(i), struck out par.
(3) which read as follows: ``The Secretary, acting through the Assistant
Secretary of Labor for Veterans' Employment, shall also make available
for use in the States such funds, in addition to those made available to
carry out paragraphs (1) and (2) of this subsection, as may be necessary
to support the reasonable expenses of such specialists for training,
travel, supplies, and fringe benefits.''
Subsec. (a)(4). Pub. L. 100-323, Sec. 2(e)(1)(A)(i), redesignated
par. (4) as (2).
Subsec. (a)(5). Pub. L. 100-323, Sec. 2(e)(1)(A)(i), struck out par.
(5) which read as follows: ``The distribution and use of funds provided
for use in States under this section shall be subject to the continuing
supervision and monitoring of the Assistant Secretary for Veterans'
Employment and shall not be governed by the provisions of any other law,
or any regulations prescribed thereunder, that are inconsistent with
this section.''
Subsec. (b)(2). Pub. L. 100-323, Sec. 15(c)(1), substituted
``Director for Veterans' Employment and Training'' for ``State Director
for Veterans' Employment''.
Subsec. (c)(4). Pub. L. 100-323, Sec. 7(b)(1), inserted ``(including
part C of title IV of the Job Training Partnership Act (29 U.S.C. 1501
et seq.))'' after ``programs''.
Subsec. (c)(6). Pub. L. 100-323, Sec. 7(b)(2), inserted ``(including
the program conducted under the Veterans' Job Training Act (Public Law
98-77; 29 U.S.C. 1721 note))'' after ``programs''.
Subsec. (c)(9), (10). Pub. L. 100-323, Sec. 7(b)(3), added pars. (9)
and (10).
Subsec. (d). Pub. L. 100-323, Sec. 2(e)(1)(B), struck out subsec.
(d) which read as follows: ``The Secretary of Labor shall administer the
program provided for by this section through the Assistant Secretary of
Labor for Veterans' Employment. The Secretary shall monitor the
appointment of disabled veterans' outreach program specialists to ensure
compliance with the provisions of subsection (a)(2) of this section with
respect to the employment of such specialists.''
1982--Subsec. (a)(1). Pub. L. 97-306, Sec. 305(a)(1), (3), inserted
``, acting through the Assistant Secretary for Veterans' Employment,''
after ``Secretary of Labor'', and substituted ``available for use in''
for ``available to''.
Subsec. (a)(2). Pub. L. 97-306, Sec. 305(a)(4), substituted
``provided for use in'' for ``provided to''.
Subsec. (a)(3). Pub. L. 97-306, Sec. 305(a)(2), (3), inserted ``,
acting through the Assistant Secretary of Labor for Veterans'
Employment,'' after ``Secretary'', and substituted ``available for use
in'' for ``available to''.
Subsec. (a)(5). Pub. L. 97-306, Sec. 305(a)(5), added par. (5).
Subsec. (b)(2). Pub. L. 97-306, Sec. 305(b), inserted provision
relating to waiver of the limitation on stationing at local employment
service offices of disabled veterans' outreach program specialists and
substituted ``section 612A'' for ``section 621A''.
Subsec. (c)(4). Pub. L. 97-306, Sec. 305(c)(1), substituted
``appropriate grantees under other Federal and federally funded
employment and training programs'' for ``prime sponsors under the
Comprehensive Employment and Training Act''.
Subsec. (c)(8). Pub. L. 97-306, Sec. 305(c)(2), added par. (8).
Subsecs. (d), (e). Pub. L. 97-306, Sec. 305(d), redesignated subsec.
(e) as (d) and inserted provision that the Secretary shall monitor the
appointment of disabled veterans' outreach program specialists to ensure
compliance with the provisions of subsec. (a)(2) of this section with
respect to the employment of such specialists. Former subsec. (d), which
provided that persons serving as staff in the disabled veterans outreach
program conducted under title III of the Comprehensive Employment and
Training Act on the date of enactment of this section would be appointed
as disabled veterans' outreach program specialists in the State in which
such individual was so serving, unless the Secretary for good cause
shown determined that such individual was not qualified for such
appointment, was struck out.
Effective Date of 2002 Amendment
Pub. L. 107-288, Sec. 4(b)(3), Nov. 7, 2002, 116 Stat. 2044,
provided that: ``The amendments made by this subsection [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, beginning on or after
such date.''
Effective Date of 1998 Amendments
Pub. L. 105-368, title X, Sec. 1004(b), Nov. 11, 1998, 112 Stat.
3364, provided that: ``The amendments made by this section [amending
this section] shall apply with respect to appointments of disabled
veterans' outreach program specialists under section 4103A of title 38,
United States Code, on or after the date of the enactment of this Act
[Nov. 11, 1998].''
Amendment by section 101(f) [title VIII, Sec. 405(d)(29)(B)] of Pub.
L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f)
[title VIII, Sec. 405(f)(21)(B)] of Pub. L. 105-277 effective July 1,
2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L.
105-277, set out as a note under section 3502 of Title 5, Government
Organization and Employees.
Effective Date of 1988 Amendment
Amendment by sections 2(e)(1)(B) and 15(c)(1) of Pub. L. 100-323
effective May 20, 1988, amendment by section 2(e)(1)(A) of Pub. L. 100-
323 effective for all of fiscal year 1988 and subsequent fiscal years,
and amendment by section 7(b) of Pub. L. 100-323 effective on 60th day
after May 20, 1988, see section 16(a), (b)(1)(B), (2) of Pub. L. 100-
323, set out as a note under section 3104 of this title.
Effective Date
Section effective Oct. 1, 1980, see section 802(e) of Pub. L. 96-
466, set out as an Effective Date of 1980 Amendment note under section
4101 of this title.
Section Referred to in Other Sections
This section is referred to in sections 3672, 4102A of this title;
title 29 section 2913.
