38-U.S.C.-4100
§4100 – Findings
Pathway
Title 38 > Part III > Chapter 41 > Section 4100
Details
- Reference: Section 4100
- Legend: §4100 – Findings
- USCode Year: 2013
Provision Content
The Congress makes the following findings:
(1) As long as unemployment and underemployment continue as serious problems among disabled veterans and Vietnam-era veterans, alleviating unemployment and underemployment among such veterans is a national responsibility.
(2) Because of the special nature of employment and training needs of such veterans and the national responsibility to meet those needs, policies and programs to increase opportunities for such veterans to obtain employment, job training, counseling, and job placement services and assistance in securing advancement in employment should be effectively and vigorously implemented by the Secretary of Labor and such implementation should be accomplished through the Assistant Secretary of Labor for Veterans’ Employment and Training.
(Added Pub. L. 97–306, title III, §301(a), Oct. 14, 1982, 96 Stat. 1436, §2000; amended Pub. L. 100–323, §15(b)(1), May 20, 1988, 102 Stat. 574; renumbered §4100, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)
Amendments
1991—Pub. L. 102–83 renumbered section 2000 of this title as this section.
1988—Par. (2). Pub. L. 100–323, §15(b)(1), inserted and Training after for Veterans’ Employment.
Veterans Retraining Assistance Program
Pub. L. 112–56, title II, §211, Nov. 21, 2011, 125 Stat. 713, provided that:
(a) Program Authorized.—
(1) In general.—Not later than July 1, 2012, the Secretary of Veterans Affairs shall, in collaboration with the Secretary of Labor, establish and commence a program of retraining assistance for eligible veterans.
(2) Number of eligible veterans.—The number of unique eligible veterans who participate in the program established under paragraph (1) may not exceed—
(A) 45,000 during fiscal year 2012; and
(B) 54,000 during the period beginning October 1, 2012, and ending March 31, 2014.
(b) Retraining Assistance.—Except as provided by subsection (k), each veteran who participates in the program established under subsection (a)(1) shall be entitled to up to 12 months of retraining assistance provided by the Secretary of Veterans Affairs. Such retraining assistance may only be used by the veteran to pursue a program of education (as such term is defined in section 3452(b) of title 38, United States Code) for training, on a full-time basis, that—
(1) is approved under chapter 36 of such title;
(2) is offered by a community college or technical school;
(3) leads to an associate degree or a certificate (or other similar evidence of the completion of the program of education or training);
(4) is designed to provide training for a high-demand occupation, as determined by the Commissioner of Labor Statistics; and
(5) begins on or after July 1, 2012.
(c) Monthly Certification.—Each veteran who participates in the program established under subsection (a)(1) shall certify to the Secretary of Veterans Affairs the enrollment of the veteran in a program of education described in subsection (b) for each month in which the veteran participates in the program.
(d) Amount of Assistance.—The monthly amount of the retraining assistance payable under this section is the amount in effect under section 3015(a)(1) of title 38, United States Code.
(e) Eligibility.—
(1) In general.—For purposes of this section, an eligible veteran is a veteran who—
(A) as of the date of the submittal of the application for assistance under this section, is at least 35 years of age but not more than 60 years of age;
(B) was last discharged from active duty service in the Armed Forces under conditions other than dishonorable;
(C) as of the date of the submittal of the application for assistance under this section, is unemployed;
(D) as of the date of the submittal of the application for assistance under this section, is not eligible to receive educational assistance under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code;
(E) is not in receipt of compensation for a service-connected disability rated totally disabling by reason of unemployability;
(F) was not and is not enrolled in any Federal or State job training program at any time during the 180-day period ending on the date of the submittal of the application for assistance under this section; and
(G) by not later than October 1, 2013, submits to the Secretary of Labor an application for assistance under this section containing such information and assurances as that Secretary may require.
(2) Determination of eligibility.—
(A) Determination by secretary of labor.—
(i) In general.—For each application for assistance under this section received by the Secretary of Labor from an applicant, the Secretary of Labor shall determine whether the applicant is eligible for such assistance under subparagraphs (A), (C), (F), and (G) of paragraph (1).
(ii) Referral to secretary of veterans affairs.—If the Secretary of Labor determines under clause (i) that an applicant is eligible for assistance under this section, the Secretary of Labor shall forward the application of such applicant to the Secretary of Veterans Affairs in accordance with the terms of the agreement required by subsection (h).
(B) Determination by secretary of veterans affairs.—For each application relating to an applicant received by the Secretary of Veterans Affairs under subparagraph (A)(ii), the Secretary of Veterans Affairs shall determine under subparagraphs (B), (D), and (E) of paragraph (1) whether such applicant is eligible for assistance under this section.
(f) Employment Assistance.—For each veteran who participates in the program established under subsection (a)(1), the Secretary of Labor shall contact such veteran not later than 30 days after the date on which the veteran completes, or terminates participation in, such program to facilitate employment of such veteran and availability or provision of employment placement services to such veteran.
(g) Charging of Assistance Against Other Entitlement.—Assistance provided under this section shall be counted against the aggregate period for which section 3695 of title 38, United States Code, limits the individuals receipt of educational assistance under laws administered by the Secretary of Veterans Affairs.
(h) Joint Agreement.—
(1) In general.—The Secretary of Veterans Affairs and the Secretary of Labor shall enter into an agreement to carry out this section.
(2) Appeals process.—The agreement required by paragraph (1) shall include establishment of a process for resolving disputes relating to and appeals of decisions of the Secretaries under subsection (e)(2).
(i) Report.—
(1) In general.—Not later than July 1, 2014, the Secretary of Veterans Affairs shall, in collaboration with the Secretary of Labor, submit to the appropriate committees of Congress a report on the retraining assistance provided under this section.
(2) Elements.—The report required by paragraph (1) shall include the following:
(A) The total number of—
(i) eligible veterans who participated; and
(ii) associates degrees or certificates awarded (or other similar evidence of the completion of the program of education or training earned).
(B) Data related to the employment status of eligible veterans who participated.
(j) Funding.—Payments under this section shall be made from amounts appropriated to or otherwise made available to the Department of Veterans Affairs for the payment of readjustment benefits. Not more than $2,000,000 shall be made available from such amounts for information technology expenses (not including personnel costs) associated with the administration of the program established under subsection (a)(1).
(k) Termination of Authority.—The authority to make payments under this section shall terminate on March 31, 2014.
(l) Appropriate Committees of Congress Defined.—In this section, the term ‘appropriate committees of Congress’ means—
(1) the Committee on Veterans’ Affairs and the Committee on Health, Education, Labor, and Pension of the Senate; and
(2) the Committee on Veterans’ Affairs and the Committee on Education and the Workforce of the House of Representatives.
Committee To Raise Employer Awareness of Skills of Veterans and Benefits of Hiring Veterans
Pub. L. 107–288, §6, Nov. 7, 2002, 116 Stat. 2046, established within the Department of Labor the Presidents National Hire Veterans Committee to carry out a national program to raise employer awareness of skills of veterans and benefits of hiring veterans, required reports to Congress not later than Dec. 31, 2003, 2004, and 2005 on the Committees activities, and provided for termination of the Committee 60 days after submitting the report that was due on Dec. 31, 2005.
Report on Implementation of Employment Reforms
Pub. L. 107–288, §7, Nov. 7, 2002, 116 Stat. 2048, directed that the Comptroller General conduct a study on the implementation by the Secretary of Labor of the provisions of Pub. L. 107–288 during the program years beginning during fiscal years 2003 and 2004 and, not later than 6 months after the conclusion of the fiscal year 2004 program, submit to Congress a report on the study with appropriate recommendations.
Pilot Program To Furnish Employment and Training Information and Services to Members of Armed Forces Separating From Armed Forces
Pub. L. 101–237, title IV, §408, Dec. 18, 1989, 103 Stat. 2083, as amended by Pub. L. 104–66, title I, §1101, Dec. 21, 1995, 109 Stat. 722, provided that:
(a) Requirement for Program.—During the three-year period beginning on January 1, 1990, the Secretary of Labor (hereafter in this section referred to as the ‘Secretary’), in conjunction with the Secretary of Veterans Affairs and the Secretary of Defense, shall conduct a pilot program to furnish employment and training information and services to members of the Armed Forces within 180 days before such members are separated from the Armed Forces.
(b) Areas To Be Covered by the Program.—The Secretary shall conduct the pilot program in at least five, but not more than ten, geographically dispersed States in which the Secretary determines that employment and training services to eligible veterans will not be unduly limited by the provision of such services to members of the Armed Forces under the pilot program.
(c) Utilization of Specific Personnel.—The Secretary shall utilize disabled veterans’ outreach program specialists or local veterans’ employment representatives to the maximum extent feasible to furnish employment and training information and services under the pilot program.
U.S. Encyclopedia of Law Coverage
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