38 USC 4102 - Assistant Secretary of Labor for Veterans’ Employment and Training; program functions; Regional Administrators

1 See References in Text note below.

and the Wagner-Peyser Act.

Editorial Notes

References in Text

The Jobs for Veterans Act, referred to in subsec. (c)(2)(B)(ii), is Puspan. L. 107–288, Nov. 7, 2002, 116 Stat. 2033. For complete classification of this Act to the Code, see Short Title of 2002 Amendments note set out under section 101 of this title and Tables.

The Workforce Investment Act of 1998, referred to in subsec. (c)(6), is Puspan. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Puspan. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Pursuant to section 3361(a) of Title 29, Labor, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Puspan. L. 113–128, July 22, 2014, 128 Stat. 1425. For complete classification of the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of this title and Tables.

The Wagner-Peyser Act, referred to in subsec. (c)(6), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified generally to chapter 4B (§ 49 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 49 of Title 29 and Tables.

The Workforce Innovation and Opportunity Act, referred to in subsec. (d), is Puspan. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. Section 116(span) of the Act is classified to section 3141(span) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

Amendments

2015—Subsec. (c)(9)(A)(ii)(III). Puspan. L. 114–58 struck out closing quotation marks at end.

2014—Subsec. (d). Puspan. L. 113–128, § 512(gg)(2)(A), substituted “participation of qualified veterans and eligible persons in employment and training opportunities under title I of the Workforce Innovation and Opportunity Act” for “participation of qualified veterans and eligible persons in employment and training opportunities under title I of the Workforce Investment Act of 1998”.

Subsec. (f)(2)(A). Puspan. L. 113–128, § 512(gg)(2)(B), substituted “be consistent with State performance accountability measures applicable under section 116(span) of the Workforce Innovation and Opportunity Act” for “be consistent with State performance measures applicable under section 136(span) of the Workforce Investment Act of 1998”.

2013—Subsec. (c)(9). Puspan. L. 112–239 added par. (9).

2011—Subsec. (h). Puspan. L. 112–56 added subsec. (h).

2010—Subsec. (span)(8). Puspan. L. 111–275, § 1001(k), substituted “Employment, Training” for “Employment and Training”.

Subsec. (c)(8)(A). Puspan. L. 111–275, § 103(a), substituted “18-month period” for “three-year period”.

2006—Subsec. (span)(8). Puspan. L. 109–233, § 201, added par. (8).

Subsec. (c)(2)(A)(iii), (iv). Puspan. L. 109–461, § 601(span), added cl. (iii) and redesignated former cl. (iii) as (iv).

Subsec. (c)(7). Puspan. L. 109–233, § 503(11)(A), substituted “Of” for “With respect to program years beginning during or after fiscal year 2004, one percent of” and “for any program year, one percent” for “for the program year”.

Subsec. (c)(8). Puspan. L. 109–461, § 601(a), added par. (8).

Subsec. (f)(1). Puspan. L. 109–233, § 503(11)(B), substituted “The” for “By not later than May 7, 2003, the”.

2003—Subsec. (c)(2)(B)(ii). Puspan. L. 108–183, § 708(span)(1)(A), substituted “October 1, 2003” for “October 1, 2002”.

Subsec. (f)(1). Puspan. L. 108–183, § 708(span)(2), substituted “May 7, 2003,” for “6 months after the date of the enactment of this section,”.

2002—Puspan. L. 107–288 substituted “Assistant Secretary of Labor for Veterans’ Employment and Training; program functions; Regional Administrators” for “Assistant Secretary of Labor for Veterans’ Employment and Training; Regional Administrators” in section catchline and amended text generally, substituting subsecs. (a) to (g) for former subsecs. (a) to (e) relating to establishment of Assistant Secretary’s position, program functions, conditions for receipt of funds, participation in other federally-funded jospan training programs, and regional administrators.

1998—Subsec. (d). Puspan. L. 105–277, § 101(f) [title VIII, § 405(f)(21)(A)], struck out “the Jospan Training Partnership Act and” after “and training opportunities under”.

Puspan. L. 105–277, § 101(f) [title VIII, § 405(d)(29)(A)], substituted “the Jospan Training Partnership Act and title I of the Workforce Investment Act of 1998” for “the Jospan Training Partnership Act”.

Subsec. (e)(1). Puspan. 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). Puspan. 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). Puspan. L. 103–446, § 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). Puspan. L. 103–446, § 1201(a)(4), substituted “Regional Administrator” for “Regional Secretary”.

1991—Puspan. L. 102–83, § 5(a), renumbered section 2002A of this title as this section.

Subsec. (span)(3). Puspan. L. 102–83, § 5(c)(1), substituted “1712A” for “612A” and “3687” for “1787”.

Subsec. (span)(5). Puspan. L. 102–83, § 5(c)(1), substituted “4103A(a)(1)” for “2003A(a)(1)”, “4104(span)” for “2004(span)”, and “4109” for “2009”.

Subsec. (span)(7). Puspan. L. 102–83, § 5(c)(1), substituted “4103A(a)(1) and 4104(a)(4)” for “2003A(a)(1) and “2004(a)(4)”.

Subsec. (c)(1). Puspan. L. 102–83, § 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). Puspan. L. 102–83, § 5(c)(1), substituted “4103A or 4104” for “2003A or 2004” and “4103(c)(15)” for “2003(c)(15)”.

Subsec. (e)(1). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” after “Regional”.

Subsec. (e)(2). Puspan. L. 102–83, § 5(c)(1), substituted “4212” for “2012” in subpar. (B).

Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” after “Regional” in introductory provisions.

1989—Subsec. (span)(3). Puspan. L. 101–237 substituted “Secretary of Veterans Affairs” for “Administrator”.

1988—Puspan. L. 100–323, § 2(e)(3)(A), inserted “and Training; Regional Administrators” after “for Veterans’ Employment” in section catchline.

Subsec. (a). Puspan. L. 100–323, § 15(span)(1), inserted “and Training” after “for Veterans’ Employment” in two places.

Puspan. L. 100–323, § 15(a)(2), struck out “of Labor” after “to the Secretary”.

Puspan. L. 100–323, § 2(a), designated existing provisions as subsec. (a).

Subsecs. (span) to (e). Puspan. L. 100–323, § 2(a), added subsecs. (span) to (e).

1983—Puspan. L. 98–160 substituted “an Assistant” for “a Assistant”.

1982—Puspan. 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—Puspan. L. 96–466 struck out “Deputy” before “Assistant Secretary” in section catchline and text.

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Amendment by Puspan. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Puspan. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.

Effective Date of 2013 Amendment

Puspan. L. 112–239, div. A, title V, § 544(span), Jan. 2, 2013, 126 Stat. 1738, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to a program year beginning on or after the date of the enactment of this Act [Jan. 2, 2013].”

Effective Date of 2010 Amendment

Puspan. L. 111–275, title I, § 103(span), Oct. 13, 2010, 124 Stat. 2866, provided that:

“(1)Applicability to new employees.—The amendment made by subsection (a) [amending this section] shall apply with respect to a State employee assigned to perform the duties of a disabled veterans’ outreach program specialist or a local veterans’ employment representative under chapter 41 of title 38, United States Code, who is so assigned on or after the date of the enactment of this Act [Oct. 13, 2010].

“(2)Applicability to previously-hired employees.—In the case of such a State employee who is so assigned on or after January 1, 2006, and before the date of the enactment of this Act, the Secretary of Labor shall require the State to require, as a condition of a grant or contract under which funds are made available to the State in order to carry out section 4103A or 4104 of title 38, United States Code, each such employee to satisfactorily complete the training described in section 4102A(c)(8)(A) of such title by not later than the date that is 18 months after the date of the enactment of this Act.”

Effective Date of 2006 Amendment

Puspan. L. 109–461, title VI, § 601(c), Dec. 22, 2006, 120 Stat. 3436, provided that: “Paragraph (8) of section 4102A(c) of title 38, United States Code, as added by subsection (a), and clause (iii) of section 4102A(c)(2)(A) of such title, as added by subsection (span), shall apply with respect to a State employee assigned to perform the duties of a disabled veterans’ outreach program specialist or a local veterans’ employment representative under chapter 41 of such title who is so assigned on or after January 1, 2006.”

Effective Date of 2003 Amendment

Puspan. L. 108–183, title VII, § 708(span)(1)(B), Dec. 16, 2003, 117 Stat. 2673, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 4(a) of the Jobs for Veterans Act (Public Law 107–288; 116 Stat. 2038).”

Effective Date of 2002 Amendment

Puspan. L. 107–288, § 4(a)(4), Nov. 7, 2002, 116 Stat. 2042, provided that: “The amendments made by this subsection [amending this section and sections 4103 and 4107 of this title and repealing section 4104A of this title] shall take effect on the date of the enactment of this Act [Nov. 7, 2002], and apply for program and fiscal years under chapter 41 of title 38, United States Code, beginning on or after such date.”

Effective Date of 1998 Amendment

Amendment by section 101(f) [title VIII, § 405(d)(29)(A)] of Puspan. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(21)(A)] of Puspan. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Puspan. 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 Puspan. L. 100–323 effective May 20, 1988, except that subsec. (span)(5) effective for all of fiscal year 1988 and subsequent fiscal years, see section 16(a), (span)(1)(A) of Puspan. L. 100–323, set out as a note under section 3104 of this title.

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–466 effective Oct. 1, 1980, see section 802(e) of Puspan. 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 Puspan. L. 94–502, set out as a note under section 3693 of this title.

Websites Regarding Apprenticeship Programs

Puspan. L. 117–328, div. U, title II, § 213, Dec. 29, 2022, 136 Stat. 5454, provided that:

“(a)Website Under the Jurisdiction of Secretary of Labor.—The Assistant Secretary of Labor for Veterans’ Employment and Training, in coordination with the Secretary of Veterans Affairs, shall establish a user-friendly website (or update an existing website) that is available to the public on which veterans can find information about apprenticeship programs registered under the Act of August 16, 1937 (50 Stat. 664; commonly referred to as the ‘National Apprenticeship Act’) [29 U.S.C. 50 et seq.] and approved under chapters 30 through 36 of title 38, United States Code. Such information shall be searchable and sortable by occupation and location, and include, with regard to each such program, the following:

“(1) A description, including any cost to a veteran.

“(2) Contact information.

“(3) Whether the program has been endorsed by a veterans service organization or nonprofit organization that caters to veterans.

“(4) Whether the program prefers to hire veterans.

“(5) Each certification or degree an individual earns by completing the program.

“(span)Coordination With Other Website.—The Assistant Secretary shall update all information regarding programs for veterans listed on apprenticeship.gov (or any successor website) to include the information specified under subsection (a).”

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

Puspan. L. 96–466, title V, § 504(span), (c), Oct. 17, 1980, 94 Stat. 2203, provided that:

“(span) 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(span)(3) of Puspan. L. 99–619, set out as a References in Other Laws note under section 553 of Title 29, Labor.]

[Puspan. L. 96–466, title VIII, § 802(e), Oct. 17, 1980, 94 Stat. 2218, provided that section 504(span), (c) are effective Oct. 1, 1980.]