38 U.S.C. § 2021

Homeless veterans reintegration programs

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 38 CasesGoogle Scholar
(a)In General.—Subject to the availability of appropriations provided for such purpose, the Secretary of Labor shall conduct, directly or through grant or contract, such programs as that Secretary determines appropriate to provide job training, counseling, and placement services (including job readiness and literacy and skills training) to expedite the reintegration into the labor force of—(1) homeless veterans, including—(A) veterans who were homeless but found housing during the 60-day period preceding the date on which the veteran begins to participate in a program under this section; and(B) veterans who are at risk of homelessness during the 60-day period beginning on the date on which the veteran begins to participate in a program under this section;(2) veterans participating in the Department of Housing and Urban Development-Department of Veterans Affairs supported housing program for which rental assistance is provided pursuant to section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) or the Tribal HUD-VA Supportive Housing (Tribal HUD-VASH) program;(3) Indians who are veterans and receiving assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.);(4) veterans described in section 2023(d) of this title or any other veterans who are transitioning from being incarcerated; and(5) veterans participating in the Department of Veterans Affairs rapid rehousing and prevention program authorized in section 2044 of this title.(b)Grants.—(1) In awarding grants for purposes of conducting programs described in subsection (a), the Secretary of Labor shall, to the maximum extent practicable, consider applications for fundable grants from entities in all States.(2) In each State in which no entity has been awarded a grant described in paragraph (1) as of the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary of Labor shall, in coordination with the Director of Veterans’ Employment and Training in the State, organize and conduct an outreach and education program to ensure communities are aware of the programs conducted under this section and the benefits of the programs.(c)Training and Technical Assistance.—(1) The Secretary of Labor shall provide training and technical assistance to entities seeking a grant or contract under this section and recipients of a grant or contract under this section regarding the planning, development, and provision of services for which the grant or contract is awarded, including before and during the grant application or contract award period.(2) The training and technical assistance provided under paragraph (1) shall include outreach and assistance specifically designed for entities serving regions and populations underserved by the programs conducted under this section.(3) The Secretary of Labor may provide training and technical assistance under paragraph (1) directly or through grants or contracts with such public or nonprofit private entities as that Secretary considers appropriate.(d)Requirement to Monitor Expenditures of Funds.—(1) The Secretary of Labor shall collect such information as that Secretary considers appropriate to monitor and evaluate the distribution and expenditure of funds appropriated to carry out this section.(2) Information collected under paragraph (1) shall include data with respect to the results or outcomes of the services provided to each homeless veteran under this section.(3) Information collected under paragraph (1) shall be furnished in such form and manner as the Secretary of Labor may specify.(e)Administration Through Assistant Secretary of Labor for Veterans’ Employment and Training.—The Secretary of Labor shall carry out this section through the Assistant Secretary of Labor for Veterans’ Employment and Training.(f)Provision of Services to Veterans in Certain Institutions.—(1) The Attorney General of the United States shall permit a recipient of a grant or contract under this section or section 2023 of this title to provide services under this section or section 2023 of this title to any veteran described in subsection (a)(4) who is residing in a penal institution under the jurisdiction of the Bureau of Prisons.(2) The recipient of a grant or contract under this section may provide to officials of an institution described in paragraph (1) information regarding the services provided to veterans under this section and section 2023 of this title during the 18-month period preceding the release or discharge of a veteran from the institution.(g)Report on Services Provided.—(1) The Secretary of Labor shall require each recipient of a grant or contract under this section to submit to that Secretary a report on the services provided and veterans served using grant or contract amounts not later than 90 days after the end of each program year, beginning with the program year the 11 So in original. Probably should be “that”. begins after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022.(2) To the extent practicable, each report submitted under paragraph (1) shall—(A) disaggregate the number of veterans served by—(i) sex;(ii) age;(iii) race;(iv) ethnicity;(v) approximate era in which the veteran served in the Armed Forces;(vi) the highest level of education attained;(vii) the average period of time the veteran was unemployed or underemployed before receiving services under this section and while receiving such services; and(viii) housing status as of—(I) the date on which the veteran is first enrolled in services under this section; and(II) any subsequent date, if such data is available; and(B) include data on the number of veterans receiving services under this section who are eligible for health care and benefits provided by the Department of Veterans Affairs.(h)Reports to Congress.—(1) Not less frequently than every two years, the Secretary of Labor shall submit to Congress a report on the programs conducted under this section. The Secretary of Labor shall include in the report the following:(A) An evaluation of services furnished to veterans under this section.(B) An analysis of the information collected under subsection (d).(C) An identification of—(i) the total number of applications for grants under this section that the Secretary of Labor received during the fiscal year preceding the date on which the report is submitted; and(ii) the number of such applications that were denied.(D) With respect to each State in which no entity was awarded a grant under this section during the fiscal year preceding the date on which the report is submitted—(i) an identification of the top five reasons why entities that applied for such a grant were not awarded the grant; and(ii) information regarding the specific criteria used to score the applications and an explanation of if, how, or why such criteria differed from the previous fiscal year.(2) Not later than 180 days after the end of the program year that begins after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, and not later than 120 days after the end of each program year thereafter, the Secretary of Labor shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth the following:(A) Data obtained from the reports submitted under subsection (g), disaggregated by geographic location.(B) The number of grants and contracts not awarded under this section due to insufficient funds.(C) The number of returning recipients of grants or contracts that were and were not awarded grants or contracts under this section during the most recent application cycle.(D) The number of applications received from entities in States in which no entities received a grant or contract under this section.(E) The number of veterans who were admitted to a program conducted under this section but not placed in a job following participation in such program, disaggregated by geographic location, age, sex, and race or ethnicity.(i)Authorization of Appropriations.—(1) There are authorized to be appropriated to carry out this section amounts as follows:(A) $50,000,000 for fiscal year 2002.(B) $50,000,000 for fiscal year 2003.(C) $50,000,000 for fiscal year 2004.(D) $50,000,000 for fiscal year 2005.(E) $50,000,000 for fiscal year 2006.(F) $50,000,000 for each of fiscal years 2007 through 2023.(G) $60,000,000 for fiscal year 2024 and each fiscal year thereafter.(2) Funds appropriated to carry out this section shall remain available until expended. Funds obligated in any fiscal year to carry out this section may be expended in that fiscal year and the succeeding fiscal year.(Added Pub. L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 909; amended Pub. L. 109–233, title II, § 203, June 15, 2006, 120 Stat. 404; Pub. L. 111–275, title II, § 201, Oct. 13, 2010, 124 Stat. 2873; Pub. L. 112–37, § 10(b), Oct. 5, 2011, 125 Stat. 396; Pub. L. 112–154, title III, § 305(b), Aug. 6, 2012, 126 Stat. 1187; Pub. L. 113–37, § 2(e)(1), Sept. 30, 2013, 127 Stat. 524; Pub. L. 113–175, title II, § 202, Sept. 26, 2014, 128 Stat. 1904; Pub. L. 114–58, title III, § 301, Sept. 30, 2015, 129 Stat. 533; Pub. L. 114–228, title III, § 301, Sept. 29, 2016, 130 Stat. 938; Pub. L. 115–62, title III, § 301, Sept. 29, 2017, 131 Stat. 1163; Pub. L. 115–251, title I, § 141, Sept. 29, 2018, 132 Stat. 3170; Pub. L. 115–407, title VII, § 701, Dec. 31, 2018, 132 Stat. 5381; Pub. L. 116–159, div. E, title III, § 5301, Oct. 1, 2020, 134 Stat. 750; Pub. L. 116–315, title IV, § 4205(b), Jan. 5, 2021, 134 Stat. 5014; Pub. L. 117–180, div. E, title III, § 301, Sept. 30, 2022, 136 Stat. 2138; Pub. L. 117–328, div. U, title III, § 303(a), Dec. 29, 2022, 136 Stat. 5467.)Editorial NotesReferences in Text

The Native American Housing Assistance and Self Determination Act of 1996, referred to in subsec. (a)(3), is Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, which is classified principally to chapter 43 (§ 4101 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of Title 25 and Tables.

The date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, referred to in subsecs. (b)(2), (g)(1), and (h)(2), is the date of enactment of div. U of Pub. L. 117–328, which was approved Dec. 29, 2022.

Prior Provisions

A prior section 2021 was renumbered section 4301 of this title and subsequently omitted in the general amendment of chapter 43 of this title by Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3150.

Amendments

2022—Pub. L. 117–328 amended section generally. Prior to amendment, section related to homeless veterans reintegration programs and authorized appropriations to carry out this section.

Subsec. (e)(1)(F). Pub. L. 117–180 substituted “2024” for “2022”.

2021—Subsec. (a)(4). Pub. L. 116–315 substituted “section 2023(d)” for “section 2023(e)”.

2020—Subsec. (e)(1)(F). Pub. L. 116–159 substituted “2022” for “2020”.

2018—Subsec. (a). Pub. L. 115–407 substituted “reintegration into the labor force of—” for “reintegration of homeless veterans into the labor force.” and added pars. (1) to (5).

Subsec. (e)(1)(F). Pub. L. 115–251 substituted “2020” for “2018”.

2017—Subsec. (e)(1)(F). Pub. L. 115–62 substituted “2018” for “2017”.

2016—Subsec. (e)(1)(F). Pub. L. 114–228 substituted “2017” for “2016”.

2015—Subsec. (e)(1)(F). Pub. L. 114–58 substituted “2016” for “2015”.

2014—Subsec. (e)(1)(F). Pub. L. 113–175 substituted “2015” for “2014”.

2013—Subsec. (e)(1)(F). Pub. L. 113–37 substituted “2014” for “2013”.

2012—Subsec. (e)(1)(F). Pub. L. 112–154 substituted “2013” for “2012”.

2011—Subsec. (e)(1)(F). Pub. L. 112–37 substituted “2012” for “2011”.

2010—Subsec. (e)(1)(F). Pub. L. 111–275 substituted “2011” for “2009”.

2006—Subsec. (e)(1)(F). Pub. L. 109–233 added subpar. (F).

Statutory Notes and Related SubsidiariesEffective Date of 2013 Amendment

Amendment by Pub. L. 113–37 effective Oct. 1, 2013, see section 4(a) of Pub. L. 113–37, set out as a note under section 322 of this title.

Notes of Decisions
Cited in 222 cases (4 in the last 5 years), 1975–2023 · leading case: Monroe v. Stand. Oil Co., 452 U.S. 549 (1981).
Monroe v. Stand. Oil Co., 452 U.S. 549 (1981). · cites it 30× “The Court of Appeals for the Sixth Circuit concluded that 38 U. S. C. § 2021 (b) (3), a provision of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, does not require an employer to provide preferential scheduling of work hours for an employee who must be absent…”
Samuel C. Hanna, Cross-Appellee v. Am. Motors Corp., Cross-Appellant, 724 F.2d 1300 (7th Cir. 1984). · cites it 10× “56, for the period between April 24, 1973, and November 14, 1977.”
William M. Gummo v. Vill. of Depew, New York, 75 F.3d 98 (2d Cir. 1996). · cites it 4× “Elfvin, Judge, dismissing his complaint alleging that the Village terminated his employment in violation of the Veterans’ Reemployment Rights Act, 38 U.S.C. § 2021 et seq. (1988) (current version at 38 U.”
John W. Farries v. Stanadyne/chicago Div., 832 F.2d 374 (7th Cir. 1987). · cites it 5× “On March 30, 1983, Farries filed an action alleging that he had been unlawfully denied reinstatement pursuant to 38 U.S.C. § 2021 . On June 20,1983, Stanadyne made a motion to dismiss pursuant to Rule 12(b) of the Federal Rules of Civil Procedure on grounds of improper venue and…”
Coffy v. Repub. Steel Corp., 447 U.S. 191 (1980). · cites it 5× “The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, 38 U. S. C. § 2021 et seq., provides that any person who leaves a permanent job to enter the military, satisfactorily completes military service, and applies for re-employment within 90 days of being discharged from…”
Dolores Tarin v. Cnty. of Los Angeles Robert C. Gates, Irwin Silberman, Dr., 123 F.3d 1259 (9th Cir. 1997). · cites it 5× “; (2) retaliation for filing administrative claims under the same three statutes; and (3) violation of veterans reemployment rights under the Veterans’ Reemployment Rights Act (“VRRA”), 38 U.S.C. §§ 2021 (b)(3) and 2024(b)(2), and Cal.”
King v. St. Vincent's Hosp., 502 U.S. 215 (1991). · cites it 2× “Vincent’s might cite § 2024(g), providing reservists ordered to active duty for not more than 90 days with a guarantee of reemployment extending through their period of duty.”
Davis v. Halifax Cnty. Sch. Sys., 508 F. Supp. 966 (E.D.N.C. 1981). · cites it 9× “This action arises under the reemployment provisions of the Viet Nam Era Veterans Readjustment Assistance Act, 38 U.S.C. §§ 2021 , et seq. Plaintiff, a veteran of the United States Army, was employed as a teacher by defendant school system from November 26, 1973, until the end…”
Weyenberg Shoe Mfg. Co. v. Seidl, 410 N.W.2d 604 (Wis. Ct. App. 1987). · cites it 12× “INTRODUCTION This case is unique because it was tried on a state theory of wrongful discharge following dismissal by the trial court of Seidl’s federal cause of action.”
Brian S. Leib v. Georgia-Pac. Corp., 925 F.2d 240 (8th Cir. 1991). · cites it 6× “Brian Leib appeals from the district court’s summary dismissal of his action under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, 38 U.S.C. §§ 2021 et seq. The district court granted Georgia-Pacific Corporation’s motion for summary judgment, holding as a matter…”
Richard R. Burkart v. Post-Browning, Inc., 859 F.2d 1245 (6th Cir. 1988). · cites it 5× “Plaintiff Richard Burkart appeals a summary judgment of the district court in favor of defendant Post-Browning in Bur-kart’s suit for damages for unlawful termination of his employment brought pursuant to section 404(a) of the Vietnam Era Veterans’ Readjustment Assistance Act of…”
Kempfer v. Automated Finishing, Inc., 564 N.W.2d 692 (Wis. 1997). · cites it 4× “The court of appeals instead upheld the jury's award of damages based on a finding that the plaintiff had been discharged in violation of the Vietnam Era Veterans' Readjustment Assistance Act, 38 U.S.C. § 2021 (b)(3) (1982). Kempfer contends that the Weyenberg decision is…”
— 38 U.S.C. § 2021(b)(3) — 3 cases
Charles R. Fernandez v. Dep't of the Army, 234 F.3d 553 (Fed. Cir. 2000).
Kenneth M. Allen v. United States Postal Serv., 142 F.3d 1444 (Fed. Cir. 1998).
Boyle v. Bd. of Police Com'rs of City of Portsmouth, 717 F. Supp. 23 (D.N.H. 1989).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.