The text of the bill below is as of Aug 15, 1983 (Passed Congress/Enrolled Bill).
PUBLIC LAW 98-77—AUG. 15, 1983 97 STAT. 443 Public Law 98-77 98th Congress An Act To establish an emergency program of job training assistance for unemployed Korean Aug. 15, 1983 conflict and Vietnam-era veterans, and for other purposes. FH R 23551 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Emergency Veterans Job Training Act of SHORT TITLE; TABLE O F CONTENTS 1983. SECTION 1. This Act may be cited as the "Emergency Veterans' 29 use 1721 Job Training Act of 1983". '^°^- TABLE OF CONTENTS Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Definitions. Sec. 4. Establishment of program. Sec. 5. Eligibility for program; duration of assistance. Sec. 6. Employer job training programs. Sec. 7. Approval of employer programs. Sec. 8. Payments to employers; overpayments. Sec. 9. Entry into program of job training. Sec. 10. Provision of training through educational institutions. Sec. 11. Discontinuance of approval of participation in certain employer programs. Sec. 12. Inspection of records; investigations. Sec. 13. Coordination with other programs. Sec. 14. Counseling. Sec. 15. Information and outreach; use of agency resources. Sec. 16. Authorization of appropriations. Sec. 17. Termination of program. Sec. 18. Expansion of targeted delimiting date extension. Sec. 19. Effective date. PURPOSE SEC. 2. The purpose of this Act is to address the problem of severe 29 use 1721 and continuing unemployment among veterans by providing, in the "°^- form of payments to defray the costs of training, incentives to employers to hire and train certain wartime veterans who have been unemployed for long periods of time for stable and permement positions that involve significant training. DEFINITIONS SEC. 3. For the purposes of this Act: 29 use I72i (1) The term "Administrator" means the Administrator of ^°^- Veterans' Affairs. (2) The term "Secretary" means the Secretary of Labor. (3) The terms "veteran", "Korean conflict", "compensation", "service-connected", "active military, naval, or air service", "State", and "Vietnam era", have the meanings given such terms in paragraphs (2), (9), (13), (16), (20), (24), and (29), respec- tively, of section 101 of title 38, United States (Jode.
97 STAT. 444 PUBLIC LAW 98-77—AUG. 15, 1983 ESTABLISHMENT OF PROGRAM 29 use 1721 SEC. 4. (a) The Administrator and, to the extent specifically pro- "°*®- vided by this Act, the Secretary shall carry out a program in accordance with this Act to assist eligible veterans in obtaining employment through training for employment in stable and perma- nent positions that involve significant training. The program shall be carried out through payments to employers who employ and train eligible veterans in such jobs in order to assist such employers in defi'aying the costs of necessary training. (b) The Secretary shall carry out the Secretary's responsibilities under this Act through the Assistant Secretary of Labor for Veter- ans' Employment established under section 2002A of title 38, United States Code. ELIGIBILITY FOR PROGRAM; DURATION OF ASSISTANCE 29 use 1721 SEC. 5. (a)(1) To be eligible for participation in a job training ^°*«- program under this Act, a veteran must be a Korean conflict or Vietnam-era veteran who— (A) is unemployed at the time of applying for participation in a program under this Act; and (B) has been unemployed for at least fifteen of the twenty weeks immediately preceding the date of such veteran's applica- tion for participation in a program under this Act. "Korean conflict (2) For purposes of paragraph (1), the term "Korean conflict or or Vietnam-era Vietnain-era veteran" means a veteran— veteran." (A) who served in the active military, naval, or air service for a period of more than one hundred and eighty days, any part of which was .during the Korean conflict or the Vietnam era; or (B) who served in the active military, naval, or air service during the Korean conflict or the Vietnam era and— (i) was discharged or released therefrom for a service- connected disability; or (ii) is entitled to compensation (or but for the receipt of retirement pay would be entitled to compensation). (3) For purposes of paragraph (1), a veteran shall be considered to be unemployed during any period the veteran is without a job and wants and is available for work. Application for (b)(1) A veteran who desires to participate in a program of job participation. training under this Act shall submit to the Administrator an appli- cation for participation in such a program. Such an application— (A) shall include a certification by the veteran that the vet- eran is unemployed and meets the other criteria for eligibility prescribed by subsection (a); and (B) shall be in such form and contain such additional informa- tion as the Administrator may prescribe. (2)(A) Subject to subparagraph (B), the Administrator shall approve an application by a veteran for participation in a program of job training under this Act unless the Administrator finds that the veteran is not eligible to participate in a program of job training under this Act. Limitation of (B) The Administrator may withhold approval of an application of participants. ^ veteran under this Act if the Administrator determines that, because of limited funds available for the purpose of making pay- ments to employers under this Act, it is necessary to limit the number of participants in programs under this Act.
PUBLIC LAW 98-77—AUG. 15, 1983 97 STAT. 445 (3XA) The Administrator shall certify as eligible for participation Certification of under this Act a veteran whose application is approved under this eligibility. subsection and shall furnish the veteran with a certificate of that veteran's eligibility for presentation to an employer offering a pro- gram of job training under this Act. Any such certificate shall expire 60 days after it is furnished to the veteran. The date on which a certificate is furnished to a veteran under this paragraph shall be stated on the certificate. (B) A certificate furnished under this paragraph may, upon the veteran's application, be renewed in accordance with the terms and conditions of subparagraph (A). (c) The maximum period of training for which assistemce may be Maximum provided on behalf of a veteran under this Act is— training period. (1) fifteen months in the case of— (A) a veteran with a service-connected disability rated at 30 percent or more; or (B) a veteran with a service-connected disability rated at 10 percent or 20 percent who has been determined under section 1506 of title 38, United States Code, to have a serious employment handicap; and (2) nine months in the case of any other veteran. EMPLOYER JOB TRAINING PROGRAMS SEC. 6. (aXD Except as provided in paragraph (2), in order to be Occupational approved as a program of job training under this Act, a program of criteria. job training of an employer approved under section 7 must provide 29 u s e 1721 training for a period of not less than six months in an occupation in note. a growth industry, in an occupation requiring the use of new technological skills, or in an occupation for which demand for labor exceeds supply. (2) A program of job training providing training for a period of at least three but less than six months may be approved if the Admin- istrator determines (in accordance with standards which the Admin- istrator shall prescribe) that the purpose of this Act would be met through that program. (b) Subject to section 10 and the other provisions of this Act, a veteran who has been approved for participation in a program of job training under this Act and has a current certificate of eligibility for such participation may enter a program of job training that has been approved under section 7 and that is offered to the veteran by the employer. APPROVAL OF EMPLOYER PROGRAMS SEC. 7. (aXD An employer may be paid assistance under section 29 u s e 1721 8(a) on behalf of an eligible veteran employed by such employer and note. participating in a program of job training offered by that employer only if the program is approved under this section and in accordance with such procedures as the Administrator may by regulation prescribe. (2) Except as provided in subsection (b), the Administrator shall approve a proposed program of job training of an employer unless the Administrator determines that the application does not contain a certification and other information meeting the requirements established under this section or that withholding of approval is warranted under subsection (g).
97 STAT. 446 PUBLIC LAW 98-77—AUG. 15, 1983 Employment (b) The Administrator may not approve a program of job restrictions. training— (1) for employment which consists of seasonal, intermittent, or temporary jobs; (2) for employment under which commissions are the primary source of income; (3) for employment which involves political or religious activities; (4) for employment with any department, agency, instrumen- tality, or branch of the Federal Government (including the United States Postal Service and the Postal Rate Commission); or (5) if the training will not be carried out in a State. Application by (c) An employer offering a program of job training that the employer. employer desires to have approved for the purposes of this Act shall submit to the Administrator a written application for such approval. Such application shall be in such form as the Administrator shall prescribe. Required (d) An application under subsection (c) shall include a certification e ^ l?e?°'' ^y *^® employer of the following: ®™^ ^ ^' (1) That the employer is planning that, upon a veteran's completion of the program of job training, the employer will employ the veteran in a position for which the veteran has been trained and that the employer expects that such a position will be available on a stable and permanent basis to the veteran at the end of the training period. (2) That the wages and benefits to be paid to a veteran participating in the employer's program of job training will be not less than the wages and benefits normally paid to other employees participating in a comparable program of job training. (3) That the employment of a veteran under the program— (A) will not result in the displacement of currently employed workers (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits); and (B) will not be in a job (i) while any other individual is on layoff from the same or any substantially equivalent job, or (ii) the opening for which was created as a result of the employer having terminated the employment of any regu- lar employee or otherwise having reduced its work force with the intention of hiring a veteran in such job under this Act. (4) That the employer will not employ in the program of job training a veteran who is already qualified by training and experience for the job for which training is to be provided. (5) That the job which is the objective of the training program is one that involves significant training. (6) That the training content of the program is adequate, in light of the nature of the occupation for which training is to be provided and of comparable training opportunities in such occu- pation, to accomplish the training objective certified under clause (2) of subsection (e). (7) That each participating veteran will be employed full time in the program of job training. (8) That the training period under the proposed program is not longer than the training periods that employers in the
PUBLIC LAW 98-77—AUG. 15, 1983 97 STAT. 447 community customarily require new employees to complete in order to become competent in the occupation or job for which training is to be provided. (9) That there are in the training establishment or place of emplo)mient such space, equipment, instructional material, and instructor personnel as needed to accomplish the training objec- tive certified under clause (2) of subsection (e). (10) That the employer will keep records adequate to show the progress made by each veteran participating in the program and otherwise to demonstrate compliance with the require- ments established under this Act. (11) That the employer will furnish each participating veteran, before the veteran's entry into training, with a copy of the employer's certification under this subsection and will obtain and retain the veteran's signed acknowledgment of having received such certification. (12) That the program meets such other criteria as the Administrator may determine are essential for the effective implementation of the program established by this Act. (e) A certification under subsection (d) shall include— (1) a statement indicating (A) the total number of hours of participation in the program of job training to be offered a veteran, (B) the length of the program of job training, and (C) the starting rate of wages to be paid to a participant in t h e program; and (2) a description of the training content of the program (in- cluding any agreement the employer has entered into with an educational institution under section 8) and of the objective of the training. (fKD Except as specified in paragraph (2), each matter required to be certified to in paragraphs (1) through (11) of subsection (d) shall be considered to be a requirement established under this Act. (2)(A) For the purposes of section 8(c), only matters required to be certified in paragraphs (1) through (10) of subsection (d) shall be so considered. (B) For the purposes of section 11, a matter required to be certified under paragraph (12) of subsection (d) shall also be so considered. (g) In accordance with regulations which the Administrator shall Regulations. prescribe, the Administrator may withhold approval of an em- ployer's proposed program of job training pending the outcome of an investigation under section 12 and, based on the outcome of such an investigation, may disapprove such program. (h) For the purposes of this section, approval of a program of apprenticeship or other on-job training for the purposes of section 1787 of title 38, United States Code, shall be considered to meet all requirements established under this Act for approval of a program of job training. PAYMENTS TO EMPLOYERS; OVERPAYMENT SEC. 8. (a)(1) Except as provided in paragraph (3) and subsection (b) 29 u s e 1721 and subject to the provisions of section 9, the Administrator shall note. make quarterly payments to an employer of a veteran participating in an approved program of job training under this Act. Subject to section 5(c) and paragraph (2), the amount paid to an employer on behalf of a veteran for any period of time shall be 50 percent of the product of (A) the starting hourly rate of w£iges pgdd to the
97 STAT. 448 PUBLIC LAW 98-77—AUG. 15, 1983 veteran by the employer (without regard to overtime or premium pay), and (B) the number of hours worked by the veteran during that period. (2) The total amount that may be paid to an employer on behalf of a veteran participating in a program of job training under this Act is $10,000. (3) In order to relieve financial burdens on business enterprises with relatively few numbers of employees, the Administrator may make payments under this Act on a monthly, rather than quarterly, basis to an employer with a number of employees less than a number which shall be specified in regulations which the Adminis- trator shall prescribe for the purposes of this paragraph. Certification. (b) Payment may not be made to an employer for a period of training under this Act on behalf of a veteran until the Administra- tor has received— (1) from the veteran, a certification that the veteran was employed full time by the employer in a program of job training during such period; and (2) from the employer, a certification— (A) that the veteran was employed by the employer during that period and that the veteran's performance and progress during such period were satisfactory; and (B) of the number of hours worked by the veteran during that period. With respect to the first such certification by an employer with respect to a veteran, the certification shall indicate the date on which the employment of the veteran began and the starting hourly rate of wages paid to the veteran (without regard to overtime or premium pay). Liability to U.S. (c)(1)(A) Whenever the Administrator finds that an overpayment under this Act has been made to an employer on behalf of a veteran as a result of a certification, or information contained in an applica- tion, submitted by an employer which was false in any material respect, the amount of such overpayment shall constitute a liability of the employer to the United States. (B) Whenever the Administrator finds that an employer has failed in any substantial respect to comply for a period of time with a requirement established under this Act (unless the employer's fail- ure is the result of false or incomplete information provided by the veteran), each amount paid to the employer on behalf of a veteran for that period shall be considered to be an overpayment under this Act, and the amount of such overpayment shall constitute a liability of the employer to the United States. (2) Whenever the Administrator finds that an overpayment under this Act has been made to an employer on behalf of a veteran as a result of a certification by the veteran, or as a result of information provided to an employer or contained in an application submitted by the veteran, which was willfully or negligently false in any material respect, the amount of such overpayment shall constitute a liability of the veteran to the United States. Overpayment (3) Any overpayment referred to in paragraph (1) or (2) may be recovery. recovered in the same manner as any other debt due the United I States. Any overpayment recovered shall be credited to funds availa- ble to make payments under this Act. If there are no such funds, any overpayment recovered shall be deposited into the Treasury.
PUBLIC LAW 98-77—AUG. 15, 1983 97 STAT. 449 (4) Any overpayment referred to in paragraph (1) or (2) may be Waiver. waived, in whole or in part, in accordance with the terms and conditions set forth in section 3102 of title 38, United States Code. ENTRY INTO PROGRAM OF JOB TRAINING SEC. 9. Notwithstanding any other provision of this Act, the 29 u s e 1721 note. Administrator may withhold or deny approval of a veteran's entry into an approved program of job training if the Administrator determines that funds are not available to make payments under this Act on behalf of the veteran to the employer offering that program. Before the entry of a veteran into an approved program of Notification to job training of an employer for purposes of assistance under this Administrator. Act, the employer shall notify the Administrator of the employer's intention to employ that veteran. The veteran may begin such program of job training with the employer two weeks after the notice is transmitted to the Administrator unless within that time the employer has received notice from the Administrator that approval of the veteran's entry into that program of job training must be withheld or denied in accordance with this section. PROVISION OF TRAINING THROUGH EDUCATIONAL INSTITUTIONS SEC. 10. An employer may enter into an agreement with an 29 u s e 1721 educational institution that has been approved for the enrollment of note. veterans under chapter 34 of title 38, United States Code, in order 38 u s e 1651 et that such institution may provide, a program of job training (or a seq. portion of such a program) under this Act. When such an agreement has been entered into, the application of the employer under section 7 shall so state and shall include a description of the training to be provided under the agreement. D I S C O N T I N U A N C E O F A P P R O V A L O F PARTICIPATION IN CERTAIN EMPLOYER PROGRAMS SEC. U . If the Administrator finds at any time that a program of 29 u s e 1721 job training previously approved by the Administrator for the pur- note. poses of this Act thereafter fails to meet any of the requirements established under this Act, the Administrator may immediately disapprove further participation by veterans in that program. The Notification to Administrator shall provide to the employer concerned, and to each employer and veteran; veteran participating in the employer's program, a statement of the hearing. reasons for, and an opportunity for a hearing with respect to, such disapproval. The employer and each such veteran shall be notified of such disapproval, the reasons for such disapproval, and the opportu- nity for a hearing. Notification shall be by a certified or registered letter, and a return receipt shall be secured. INSPECTION OF RECORDS; INVESTIGATIONS SEC. 12. (a) The records and accounts of employers pertaining to 29 u s e 1721 veterans on behalf of whom assistance has been paid under this Act, note. as well as other records that the Administrator determines to be necessary to ascertain compliance with the requirements estab- lished under this Act, shall be available at reasonable times for examination by authorized representatives of the Federal Government. 11-194 O - 85 — 16 : QL 3
97 STAT. 450 PUBLIC LAW 98-77—AUG. 15, 1983 (b) The Administrator may monitor employers and veterans par- ticipating in programs of job training under this Act to determine compHance with the requirements established under this Act. (c) The Administrator may investigate any matter the Adminis- trator considers necessary to determine compliance with the requirements established under this Act. The investigations authorized by this subsection may include examining records (in- cluding making certified copies of records), questioning employees, and entering into any premises or onto any site where any part of a program of job training is conducted under this Act, or where any of the records of the employer offering or providing such program are kept. Agreement with (d) The Administrator may administer functions under subsec- Labor tions (b) and (c) in accordance with an agreement between the Department. Administrator and the Secretary providing for the administration of such subsections (or any portion of such subsections) by the Depart- ment of Labor. Under such an agreement, any entity of the Depart- ment of Labor specified in the agreement may administer such subsections, notwithstanding section 4(b). COORDINATION WITH OTHER PROGRAMS 29 use 1721 SEC. 13. (a)(1) Assistance may not be paid under this Act to an note. employer on behalf of a veteran for any period of time described in paragraph (2) and to such veteran under chapter 31, 32, 34, 35, or 36 38 use 1501, of title 38, United States Code, for the same period of time. 1601, 1651, 1700, (2) A period of time referred to in paragraph (1) is the period of 1770. time beginning on the date on which the veteran enters into an approved program of job training of an employer for purposes of assistance under this Act and ending on the last date for which such assistance is payable. (b) Assistance may not be paid under this Act to an employer on behalf of an eligible veteran for any period if the employer receives for that period any other form of assistance on account of the training or employment of the veteran, including assistance under 96 Stat. 1322. the Job Training Partnership Act (29 U.S.C. 1501 et seq.) or a credit under section 44B of the Internal Revenue Code of 1954 (26 U.S.C. 44B) (relating to credit for employment of certain new employees). (c) Assistance may not be paid under this Act on behalf of a veteran who has completed a program of job training under this Act. COUNSELING 29 u s e 1721 SEC. 14. The Administrator and the Secretary may, upon request, note. provide employment counseling services to any veteran eligible to participate under this Act in order to assist such veteran in select- ing a suitable program of job training under this Act. INFORMATION AND OUTREACH; USE OF AGENCY RESOURCES 29 use 1721 SEC. 15. (a)(1) The Administrator and the Secretary shall jointly note. provide for an outreach and public information program— (A) to inform veterans about the employment and job training opportunities available under this Act, under chapters 31, 34, 38 use 1501, 36, 41, and 42 of title 38, United States Code, and under other 1651, 1770, 2000, provisions of law; and 2011.
PUBLIC LAW 98-77—AUG. 15, 1983 97 STAT. 451 (B) to inform private industry and business concerns (includ- ing small business concerns), public agencies and organizations, educational institutions, trade associations, and labor unions about the job training opportunities available under, and the advantages of participating in, the program established by this Act. (2) The Secretary, in consultation with the Administrator, shall promote the development of employment and job training opportu- nities for veterans by encouraging potential employers to make programs of job training under this Act available for eligible veterans, by advising other appropriate Federal departments and agencies of the program established by this Act, and by advising employers of applicable responsibilities under chapters 41 and 42 of title 38, United States Code, with respect to veterans. 38 u s e 2000 et (b) The Administrator and the Secretary shall coordinate the seq., 2011 et seq. outreach and public information program under subsection (a)(1), and job development activities under subsection (a)(2), with job counseling, placement, job development, and other services provided for under chapters 41 and 42 of title 38, United States Code, and with other similar services offered by other public agencies and organizations. (c)(1) The Administrator and the Secretary shall make available in regional and local offices of the Veterans' Administration and the Department of Labor such personnel as are necessary to facilitate the effective implementation of this Act. (2) In carrying out the responsibilities of the Secretary under this Act, the Secretary shall make maximum use of the services of State and Assistant State Directors for Veterans' Employment, disabled veterans' outreach program specialists, and employees of local offices appointed pursuant to sections 2003, 2003A, and 2004 of title 38, United States Code. The Secretary shall also use such resources 96 Stat. 1437. as are available under part C of title IV of the Job Training Partnership Act (29 U.S.C. 1501 et seq.). To the extent that the 96 Stat. 1380. Administrator withholds approval of veterans' applications under 29 u s e 1721. this Act pursuant to section 5(b)(2)(B), the Secretary shall take steps to assist such veterans in taking advantage of opportunities that may be available to them under title III of that Act or under any 96 Stat. 1364. other program carried out with funds provided by the Secretary. 29 u s e 1651. (d) The Secretary shall request and obtain from the Administrator Small business of the Small Business Administration a list of small business con- opportunities. cerns and shall, on a regular basis, update such list. Such list shall be used to identify and promote possible training and employment opportunities for veterans. (e) The Administrator and the Secretary shall assist veterans and Application and employers desiring to participate under this Act in making applica- certification assistance. tion and completing necessary certifications. AUTHORIZATION OF APPROPRIATIONS SEC. 16. There is authorized to be appropriated to the Veterans' 29 u s e 1721 Administration $150,000,000 for each of fiscal years 1984 and 1985 note. for the purpose of making payments to employers under this Act and for the purpose of section 18 of this Act. Amounts appropriated pursuant to this section shall remain available until September 30, 1986.
97 STAT. 452 PUBLIC LAW 98-77—AUG. 15, 1983 TERMINATION OF PROGRAM 29 u s e 1721 SEC. 17. (a) Except as provided under subsection (b), assistance note. may not be paid to an employer under this Act— (1) on behalf of a veteran who applies for a program of job training under this Act after September 30,1984; or (2) for any such program which begins after December 31, 1984. (b) If funds are not both appropriated under section 16 and made available by the Director of the Office of Management and Budget to the Veterans' Administration on or before October 1, 1983, for the purpose of making payments to employers under this Act, assistance may be paid to an employer under this Act on behalf of a veteran if the veteran— (1) applies for a program of job training under this Act within one year after the date on which funds so appropriated are made available to the Veterans' Administration by the Director; and (2) begins participation in such program within fifteen months after such date. EXPANSION OF TARGETED DELIMITING DATE EXTENSION Vocational SEC. 18. (a) Subject to the limitation on the availability of funds set education forth in subsection (b), an associate degree program which is pre- program. dominantly vocational in content may be considered by the Admin- 29 u s e 1721 note. istrator, for the purposes of section 1662(a)(3) of title 38, United States Code, to be a course with an approved vocational objective if such degree program meets the requirements established in such title for approval of such program. (b) Funds for the purpose of carrying out subsection (a) shall be derived only from amounts appropriated pursuant to the authoriza- tions of appropriations in section 16. Not more than a total of $25,000,000 of amounts so appropriated for fiscal years 1984 and 1985 shall be available for that purpose. EFFECTIVE DATE 29 u s e 1721 SEC. 19. This Act shall take effect on October 1,1983. note. Approved August 15, 1983. LEGISLATIVE HISTORY—H.R. 2355 (S. 1033): HOUSE REPORT No. 98-116 (eomm. on Veterans' Affairs). SENATE REPORT No. 98-132 accompanying S. 1033 (Comm. on Veterans' Affairs). eONGRESSIONAL RECORD, Vol. 129 (1983): June 6, 7, considered and passed House. June 15, considered and passed Senate, amended, in lieu of S. 1033. Aug. 2, House concurred in Senate amendments with amendments. Aug. 3, Senate concurred in House amendments.