
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-95 Section 9(a)]
[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)(1) The amount of funds made available for use in a State under 
section 4102A(b)(5)(A)(i) of this title shall be sufficient to support 
the appointment of one disabled veterans' outreach program specialist 
for each 7,400 veterans who are between the ages of 20 and 64 residing 
in such State. Each such specialist shall be a qualified veteran. 
Preference shall be given in the appointment of such specialists to 
qualified disabled veterans. If the Secretary finds that no qualified 
disabled veteran is available for such appointment, such appointment may 
be given to any qualified veteran. Each such specialist shall be 
compensated at rates comparable to those paid other professionals 
performing essentially similar duties in the State government of the 
State concerned.
    (2) Specialists appointed pursuant to this subsection shall be in 
addition to and shall not supplant employees assigned to local 
employment service offices pursuant to section 4104 of this title.
    (b)(1) Pursuant to regulations prescribed by the Secretary of Labor, 
disabled veterans' outreach program specialists shall be assigned only 
those duties directly related to meeting the employment needs of 
eligible veterans, with priority for the provision of services in the 
following order:
        (A) Services to special disabled veterans.
        (B) Services to other disabled veterans.
        (C) Services to 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.

In the provision of services in accordance with this paragraph, maximum 
emphasis in meeting the employment needs of veterans shall be placed on 
assisting economically or educationally disadvantaged veterans.
    (2) Not more than three-fourths of the disabled veterans' outreach 
program specialists in each State shall be stationed at local employment 
service offices in such State. The Secretary, after consulting the 
Secretary of Veterans Affairs and the Director for Veterans' Employment 
and Training assigned to a State under section 4103 of this title, may 
waive the limitation in the preceding sentence for that State so long as 
the percentage of all disabled veterans' outreach program specialists 
that are stationed at local employment service offices in all States 
does not exceed 80 percent. Specialists not so stationed shall be 
stationed at centers established by the Department of Veterans Affairs 
to provide a program of readjustment counseling pursuant to section 
1712A of this title, veterans assistance offices established by the 
Department of Veterans Affairs pursuant to section 7723 of this title, 
and such other sites as may be determined to be appropriate in 
accordance with regulations prescribed by the Secretary after 
consultation with the Secretary of Veterans Affairs.
    (c) Each disabled veterans' outreach program specialist shall carry 
out the following functions for the purpose of providing services to 
eligible veterans in accordance with the priorities set forth in 
subsection (b) of this section:
        (1) Development of job and job training opportunities for such 
    veterans through contacts with employers, especially small- and 
    medium-size private sector employers.
        (2) Pursuant to regulations prescribed by the Secretary after 
    consultation with the Secretary of Veterans Affairs, promotion and 
    development of apprenticeship and other on-job training positions 
    pursuant to section 3687 of this title.
        (3) The carrying out of outreach activities to locate such 
    veterans through contacts with local veterans organizations, the 
    Department of Veterans Affairs, the State employment service agency 
    and local employment service offices, and community-based 
    organizations.
        (4) Provision of appropriate assistance to community-based 
    groups and organizations and appropriate grantees under other 
    Federal and federally funded employment and training programs 
    including part C of title IV of the Job Training Partnership Act and 
    title I of the Workforce Investment Act of 1998 in providing 
    services to such veterans.
        (5) Provision of appropriate assistance to local employment 
    service office employees with responsibility for veterans in 
    carrying out their responsibilities pursuant to this chapter.
        (6) Consultation and coordination with other appropriate 
    representatives of Federal, State, and local programs (including the 
    program conducted under the Veterans' Job Training Act (Public Law 
    98-77; 29 U.S.C. 1721 note)) for the purpose of developing maximum 
    linkages to promote employment opportunities for and provide maximum 
    employment assistance to such veterans.
        (7) The carrying out of such other duties as will promote the 
    development of entry-level and career job opportunities for such 
    veterans.
        (8) Development of outreach programs in cooperation with 
    appropriate Department of Veterans Affairs personnel engaged in 
    providing counseling or rehabilitation services under chapter 31 of 
    this title, with educational institutions, and with employers in 
    order to ensure maximum assistance to disabled veterans who have 
    completed or are participating in a vocational rehabilitation 
    program under such chapter.
        (9) Provision of vocational guidance or vocational counseling 
    services, or both, to veterans with respect to veterans' selection 
    of and changes in vocations and veterans' vocational adjustment.
        (10) Provision of services as a case manager under section 
    14(b)(1)(A) of the Veterans' Job Training Act (Public Law 98-77; 29 
    U.S.C. 1721 note).

(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.)

                     Amendment of Subsection (c)(4)

        Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, 
    Sec. 405(f)(21)(B), (g)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 
    2681-432, 2681-435, provided that, effective July 1, 2000, 
    subsection (c)(4) is amended by striking ``part C of title IV of the 
    Job Training Partnership Act and''.

                       References in Text

    The Job Training Partnership Act, referred to in subsec. (c)(4), is 
Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended. Part C of 
title IV of the Job Training Partnership Act is classified generally to 
part C (Sec. 1721) of subchapter IV of chapter 19 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. (c)(4), 
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.
    The Veterans' Job Training Act, referred to in subsec. (c)(6), (10), 
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.


                               Amendments

    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(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 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.


                            Cross References

    Workforce investment programs for disabled veterans under the 
Workforce Investment Act of 1998, see section 2913 of Title 29, Labor.

                  Section Referred to in Other Sections

    This section is referred to in sections 3117, 3672, 4102A, 4104A, 
4106, 4107 of this title; title 29 sections 1721, 2913.
