
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC4102A]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
CHAPTER 41--JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS
 
Sec. 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, 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 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 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, 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.
    (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.

(Added Pub. L. 94-502, title VI, Sec. 601(b)(1), Oct. 15, 1976, 90 Stat. 
2404, Sec. 2002A; amended Pub. L. 96-466, title V, Sec. 504(a)(3), (4), 
Oct. 17, 1980, 94 Stat. 2203; Pub. L. 97-306, title III, Sec. 303, Oct. 
14, 1982, 96 Stat. 1437; Pub. L. 98-160, title VII, Sec. 702(15), Nov. 
21, 1983, 97 Stat. 1010; Pub. L. 100-323, Secs. 2(a), (e)(3)(A), 
15(a)(2), (b)(1), May 20, 1988, 102 Stat. 556, 559, 574; Pub. L. 101-
237, title IV, Sec. 423(b)(8)(A), Dec. 18, 1989, 103 Stat. 2093; 
renumbered Sec. 4102A and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 103-446, title 
VII, Sec. 701(a), title XII, Sec. 1201(a)(4), Nov. 2, 1994, 108 Stat. 
4674, 4682; Pub. L. 104-275, title III, Sec. 301, Oct. 9, 1996, 110 
Stat. 3332; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, 
Sec. 405(d)(29)(A), (f)(21)(A)], Oct. 21, 1998, 112 Stat. 2681-337, 
2681-424, 2681-432; Pub. L. 105-368, title X, Sec. 1005(b)(13), Nov. 11, 
1998, 112 Stat. 3365.)

                       Amendment of Subsection (d)

        Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, 
    Sec. 405(f)(21)(A), (g)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 
    2681-432, 2681-435, provided that, effective July 1, 2000, 
    subsection (d) is amended by striking ``the Job Training Partnership 
    Act and''.

                       References in Text

    The Veterans' Job Training Act, referred to in subsec. (b)(3), is 
Pub. L. 98-77, Aug. 15, 1983, 97 Stat. 443, as amended, which is set out 
as a note under section 1721 of Title 29, Labor. For complete 
classification of this Act to the Code, see Tables.
    The Job Training Partnership Act, referred to in subsec. (d), is 
Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is 
classified generally to chapter 19 (Sec. 1501 et seq.) of Title 29, 
Labor. For complete classification of this Act to the Code, see Short 
Title note set out under section 1501 of Title 29 and Tables.
    The Workforce Investment Act of 1998, referred to in subsec. (d), is 
Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title I of the 
Act is classified generally to chapter 30 (Sec. 2801 et seq.) of Title 
29, Labor. For complete classification of this Act to the Code, see 
Short Title note set out under section 9201 of Title 20, Education, and 
Tables.


                               Amendments

    1998--Subsec. (d). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 405(d)(29)(A)], substituted ``the Job Training Partnership Act and 
title I of the Workforce Investment Act of 1998'' for ``the Job Training 
Partnership Act''.
    Subsec. (e)(1). Pub. L. 105-368 substituted ``A person may not be 
assigned after October 9, 1996, as such a Regional Administrator unless 
the person is a veteran.'' for ``Each Regional Administrator appointed 
after the date of the enactment of the Veterans' Benefits Improvements 
Act of 1996 shall be a veteran.''
    1996--Subsec. (e)(1). Pub. L. 104-275 inserted at end ``Each 
Regional Administrator appointed after the date of the enactment of the 
Veterans' Benefits Improvements Act of 1996 shall be a veteran.''
    1994--Subsec. (a). Pub. L. 103-446, Sec. 701(a), designated existing 
provisions as par. (1), redesignated former cls. (1) and (2) as cls. (A) 
and (B), respectively, and added par. (2).
    Subsec. (e)(1), (2). Pub. L. 103-446, Sec. 1201(a)(4), substituted 
``Regional Administrator'' for ``Regional Secretary''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 2002A of this 
title as this section.
    Subsec. (b)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1712A'' 
for ``612A'' and ``3687'' for ``1787''.
    Subsec. (b)(5). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``4103A(a)(1)'' for ``2003A(a)(1)'', ``4104(b)'' for ``2004(b)'', and 
``4109'' for ``2009''.
    Subsec. (b)(7). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``4103A(a)(1) and 4104(a)(4)'' for ``2003A(a)(1) and ``2004(a)(4)''.
    Subsec. (c)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted ``4103A(a) 
and 4104(a)'' for ``2003A(a) and 2004(a)'' and ``4103A or 4104'' for 
``2003A or 2004''.
    Subsec. (c)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted ``4103A or 
4104'' for ``2003A or 2004'' and ``4103(c)(15)'' for ``2003(c)(15)''.
    Subsec. (e)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' after ``Regional''.
    Subsec. (e)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted ``4212'' 
for ``2012'' in subpar. (B).
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' after ``Regional'' in introductory provisions.
    1989--Subsec. (b)(3). Pub. L. 101-237 substituted ``Secretary of 
Veterans Affairs'' for ``Administrator''.
    1988--Pub. L. 100-323, Sec. 2(e)(3)(A), inserted ``and Training; 
Regional Administrators'' after ``for Veterans' Employment'' in section 
catchline.
    Subsec. (a). Pub. L. 100-323, Sec. 15(b)(1), inserted ``and 
Training'' after ``for Veterans' Employment'' in two places.
    Pub. L. 100-323, Sec. 15(a)(2), struck out ``of Labor'' after ``to 
the Secretary''.
    Pub. L. 100-323, Sec. 2(a), designated existing provisions as 
subsec. (a).
    Subsecs. (b) to (e). Pub. L. 100-323, Sec. 2(a), added subsecs. (b) 
to (e).
    1983--Pub. L. 98-160 substituted ``an Assistant'' for ``a 
Assistant''.
    1982--Pub. L. 97-306 inserted provision that 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.
    1980--Pub. L. 96-466 struck out ``Deputy'' before ``Assistant 
Secretary'' in section catchline and text.


                    Effective Date of 1998 Amendment

    Amendment by section 101(f) [title VIII, Sec. 405(d)(29)(A)] of Pub. 
L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) 
[title VIII, Sec. 405(f)(21)(A)] 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 Pub. L. 100-323 effective May 20, 1988, except that 
subsec. (b)(5) effective for all of fiscal year 1988 and subsequent 
fiscal years, see section 16(a), (b)(1)(A) of Pub. L. 100-323, set out 
as a note under section 3104 of this title.


                    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

    Section effective Dec. 1, 1976, see section 703(c) of Pub. L. 94-
502, set out as a note under section 3693 of this title.


References to and Continuation of Position of Deputy Assistant Secretary 
                    of Labor for Veterans' Employment

    Section 504(b), (c) of Pub. L. 96-466 provided that:
    ``(b) Any reference in any law, regulation, directive, or other 
document to the Deputy Assistant Secretary of Labor for Veterans' 
Employment shall be deemed to be a reference to the Assistant Secretary 
of Labor for Veterans' Employment.
    ``(c) Notwithstanding any other provision of law, the position of 
Deputy Assistant Secretary of Labor for Veterans' Employment, as 
constituted on the day before the date of the enactment of this section 
[Oct. 17, 1980], shall remain in existence until a person has been 
appointed to and has qualified for the position of Assistant Secretary 
of Labor for Veterans' Employment (established by the amendments made by 
subsection (a) [amending sections 2002 and 2002A [now 4102 and 4102A] of 
this title]).''
    [Reference to Assistant Secretary of Labor for Veterans' Employment 
in any law in force on Nov. 6, 1986, deemed to be a reference to 
Assistant Secretary of Labor for Veterans' Employment and Training, see 
section 2(b)(3) of Pub. L. 99-619, set out as a References in Other Laws 
note under section 553 of Title 29, Labor.]
    [Section 802(e) of Pub. L. 96-466 provided that section 504(b), (c) 
are effective Oct. 1, 1980.]


                            Cross References

    Administration by Assistant Secretary for Veterans' Employment and 
Training of workforce investment programs for veterans under the 
Workforce Investment Act of 1998, see section 2913 of Title 29, Labor.
    Assistant Secretaries of Labor, generally, see section 553 of Title 
29.

                  Section Referred to in Other Sections

    This section is referred to in sections 4102, 4103A, 4104, 4106, 
4107 of this title.
