38 U.S.C. § 4215 : US Code - Section 4215: Priority of service for veterans in Department of Labor job training programs
Search 38 U.S.C. § 4215 : US Code - Section 4215: Priority of service for veterans in Department of Labor job training programs
(a) Definitions. - In this section:
(1) The term "covered person" means any of the following
individuals:
(A) A veteran.
(B) The spouse of any of the following individuals:
(i) Any veteran who died of a service-connected disability.
(ii) 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.
(iii) Any veteran who has a total disability resulting from
a service-connected disability.
(iv) Any veteran who died while a disability so evaluated
was in existence.
(2) 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:
(A) 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).
(B) Any such program or service under the public employment
service system, one-stop career centers, the Workforce
Investment Act of 1998, 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.
(C) Any such program or service that is a workforce
development program targeted to specific groups.
(3) 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.
(b) Entitlement to Priority of Service. - (1) 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.
(2) 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.
(c) Administration of Programs at State and Local Levels. - An
entity of a State or a political subdivision of the State that
administers or delivers services under a qualified job training
program shall -
(1) provide information and priority of service to covered
persons regarding benefits and services that may be obtained
through other entities or service providers; and
(2) 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.
(d) Addition to Annual Report. - 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, and 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.
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