38 U.S.C. § 4215 — Priority of service for veterans in Department of Labor job training programs
submitted 24 years ago by Pub. L. 107-288 to r/title-38-VETERANS-BENEFITS · 715 words · no verdicts yet
Veterans and certain spouses are entitled to priority over nonveterans in qualified Labor Department job-training programs. State and local providers must give information and notice, and Labor must evaluate priority each program year.
(a) Definitions. (1) “Covered person” means a veteran*, or the spouse* of a veteran who died from a service-connected* disability; an active-duty member listed for more than 90 total days as missing, captured, or forcibly detained or interned; a veteran with total service-connected disability; or a veteran who died while having such a disability. (2) “Qualified job training program” means a workforce-preparation, development, or delivery program or service directly funded wholly or partly by the Labor Department*, including technology-assisted access services, public employment and one-stop services, Workforce Investment Act services, demonstrations, temporary programs, State* or local block-grant programs, and programs aimed at specific groups. (3) “Priority of service” means a covered person gets employment, training, and placement services before a non-covered person, or instead of one when resources are limited.
(b) A covered person who otherwise qualifies is entitled to priority in every qualified program. The Labor Secretary* may rank covered persons to account for disabled and special disabled veterans and other appropriate factors.
(c) State or local providers must (1) give covered persons information and priority concerning benefits and services available elsewhere and (2) tell each covered person applying for or assisted by the program about employment rights and benefits under this section.
(d)(1) In annual reports for the program year beginning in 2003 and later years, the Labor Secretary must evaluate whether covered persons receive priority and full service. The evaluation must include local implementation, whether veteran representation is proportional to veteran representation in the labor market including designated priority groups, and performance measures selected by the Secretary. (2) The veteran-representation proportion may not itself be used to decide whether priority and full service are being provided.
In this section:
The term “covered person” means any of the following individuals:
A veteran*.
The spouse* of any of the following individuals:
Any veteran who died of a service-connected* disability.
Any member of the Armed Forces* serving on active duty* who, at the time of application for assistance under this section, is listed, pursuant to section 556 of title 37 and regulations issued thereunder, by the Secretary concerned* in one or more of the following categories and has been so listed for a total of more than 90 days: (I) missing in action, (II) captured in line of duty by a hostile force, or (III) forcibly detained or interned in line of duty by a foreign government or power.
Any veteran who has a total disability resulting from a service-connected disability.
Any veteran who died while a disability so evaluated was in existence.
The term “qualified job training program” means any workforce preparation, development, or delivery program or service that is directly funded, in whole or in part, by the Department* of Labor and includes the following:
Any such program or service that uses technology to assist individuals to access workforce development programs (such as job and training opportunities, labor market information, career assessment tools, and related support services).
Any such program or service under the public employment service system, one-stop career centers, the Workforce Investment Act of 1998,1 a demonstration or other temporary program, and those programs implemented by States or local service providers based on Federal block grants administered by the Department of Labor.
Any such program or service that is a workforce development program targeted to specific groups.
The term “priority of service” means, with respect to any qualified job training program, that a covered person shall be given priority over nonveterans for the receipt of employment, training, and placement services provided under that program, notwithstanding any other provision of law. Such priority includes giving access to such services to a covered person before a non-covered person or, if resources are limited, giving access to such services to a covered person instead of a non-covered person.
A covered person is entitled to priority of service under any qualified job training program if the person otherwise meets the eligibility requirements for participation in such program.
The Secretary* of Labor may establish priorities among covered persons for purposes of this section to take into account the needs of disabled veterans and special disabled veterans, and such other factors as the Secretary determines appropriate.
An entity of a State or a political subdivision of the State that administers or delivers services under a qualified job training program shall—
provide information and priority of service to covered persons regarding benefits and services that may be obtained through other entities or service providers; and
ensure that each covered person who applies to or who is assisted by such a program is informed of the employment-related rights and benefits to which the person is entitled under this section.
In the annual report required under section 4107(c) of this title for the program year beginning in 2003 and each subsequent program year, the Secretary of Labor shall evaluate whether covered persons are receiving priority of service and are being fully served by qualified job training programs. Such evaluation shall include—
an analysis of the implementation of providing such priority at the local level;
whether the representation of veterans in such programs is in proportion to the incidence of representation of veterans in the labor market, including within groups that the Secretary may designate for priority under such programs, if any; and
performance measures, as determined by the Secretary, to determine whether veterans are receiving priority of service and are being fully served by qualified job training programs.
The Secretary may not use the proportion of representation of veterans described in subparagraph (B) of paragraph (1) as the basis for determining under such paragraph whether veterans are receiving priority of service and are being fully served by qualified job training programs.
Source credit: (Added Pub. L. 107–288, § 2(a)(1), Nov. 7, 2002, 116 Stat. 2033; amended Pub. L. 112–56, title II, § 239, Nov. 21, 2011, 125 Stat. 727.)
- 2002Enacted · Pub. L. 107-288 · 116 Stat. 2033
- 2011Amended · Pub. L. 112-56 · 125 Stat. 727
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-288 on 2002-11-07.
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