US (United States) Code. Title 38. Chapter 41: Job Counseling, Training and Placement Service for Veterans

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits. Readjustment and related benefits

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-CITE-

38 USC CHAPTER 41 - JOB COUNSELING, TRAINING, AND

PLACEMENT SERVICE FOR VETERANS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-MISC1-

Sec.

4100. Findings.

4101. Definitions.

4102. Purpose.

4102A. Assistant Secretary of Labor for Veterans' Employment

and Training; program functions; Regional

Administrators.

4103. Directors and Assistant Directors for Veterans'

Employment and Training; additional Federal

personnel.

4103A. Disabled veterans' outreach program.

4104. Local veterans' employment representatives.

[4104A. Repealed.]

4105. Cooperation of Federal agencies.

4106. Estimate of funds for administration; authorization of

appropriations.

4107. Administrative controls; annual report.

4108. Cooperation and coordination.

4109. National Veterans' Employment and Training Services

Institute.

4110. Advisory Committee on Veterans Employment and

Training.

4110A. Special unemployment study.

4110B. Coordination and nonduplication.

[4111. Repealed.]

4112. Performance incentive awards for quality employment,

training, and placement services.

AMENDMENTS

2002 - Pub. L. 107-288, Secs. 3(b), 4(a)(2), (3)(A)(ii), Nov. 7,

2002, 116 Stat. 2038, 2042, 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 item

4102A and "Directors and Assistant Directors for Veterans'

Employment and Training; additional Federal personnel" for

"Directors and Assistant Directors for Veterans' Employment and

Training" in item 4103, struck out item 4104A "Performance of

disabled veterans' outreach program specialists and local veterans'

employment representatives", and added item 4112.

2001 - Pub. L. 107-95, Sec. 5(g)(3), Dec. 21, 2001, 115 Stat.

919, struck out item 4111 "Homeless veterans' reintegration

programs".

2000 - Pub. L. 106-419, title IV, Sec. 404(a)(8), Nov. 1, 2000,

114 Stat. 1865, added item 4110B.

1999 - Pub. L. 106-117, title IX, Sec. 901(b), Nov. 30, 1999, 113

Stat. 1587, added item 4111.

1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,

renumbered items 2000 to 2010A as 4100 to 4110A, respectively.

Pub. L. 102-16, Sec. 8(b), Mar. 22, 1991, 105 Stat. 53,

substituted "Advisory Committee on Veterans Employment and

Training" for "Secretary of Labor's Committee on Veterans'

Employment" in item 2010.

1988 - Pub. L. 100-323, Secs. 2(e)(3)(B), 3(c), 4(b), 6(b)(2)(B),

8(b), 9(b), 15(c)(3)(B), May 20, 1988, 102 Stat. 559, 562-564, 566,

574, inserted "and Training; Regional Administrators" after "for

Veterans' Employment" in item 2002A, substituted "Directors and

Assistant Directors for Veterans' Employment and Training" for

"State and Assistant State Directors for Veterans' Employment" in

item 2003, substituted "Local veterans' employment representatives"

for "Employees of local offices" in item 2004, added item 2004A,

struck out "with the Veterans' Administration" after "Cooperation

and coordination" in item 2008, substituted "National Veterans'

Employment and Training Services Institute" for "National veterans'

employment and training programs" in item 2009, and added item

2010A.

1982 - Pub. L. 97-306, title III, Secs. 301(b)(1), 304(a)(2),

308(b), Oct. 14, 1982, 96 Stat. 1437, 1438, 1441, added item 2000,

substituted "State and Assistant State Directors for Veterans'

Employment" for "Assignment of veterans' employment representative"

in item 2003 and added items 2009 and 2010.

1980 - Pub. L. 96-466, title V, Secs. 504(a)(1), 506(b), Oct. 17,

1980, 94 Stat. 2203, 2205, struck out "Deputy" before "Assistant

Secretary" in item 2002A and added item 2003A.

1976 - Pub. L. 94-502, title VI, Sec. 601(b)(2), Oct. 15, 1976,

90 Stat. 2404, added item 2002A.

1972 - Pub. L. 92-540, title V, Sec. 502(a), Oct. 24, 1972, 86

Stat. 1094, in chapter heading substituted ", TRAINING AND" for

"AND EMPLOYMENT", redesignated former items 2001 to 2005 as items

2002 to 2006, and added items 2001, 2007, and 2008, and in

redesignated item 2006 "authorization of appropriations".

1966 - Pub. L. 89-358, Sec. 6(a), Mar. 3, 1966, 80 Stat. 27,

substituted "JOB COUNSELING AND EMPLOYMENT PLACEMENT SERVICE FOR

VETERANS" for "UNEMPLOYMENT BENEFITS FOR VETERANS" in chapter

heading.

1962 - Pub. L. 87-675, Sec. 1(b), (d), Sept. 19, 1962, 76 Stat.

558, 559, substituted "Purpose" for "Compensation for veterans

under State agreements" in item 2001, "Assignment of veterans'

employment representative" for "Unemployment compensation in

absence of State agreements" in item 2002, "Employees of local

offices" for "Payments to States" in item 2003, "Cooperation of

Federal agencies" for "Information" in item 2004, and "Estimate of

funds for administration" for "Penalties" in item 2005, and struck

out items 2006 to 2014 and headings of subchapters I and II.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3117, 4212 of this title;

title 20 section 9271; title 29 sections 2822, 2841; title 42

section 1101.

-End-

-CITE-

38 USC Sec. 4100 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4100. Findings

-STATUTE-

The Congress makes the following findings:

(1) As long as unemployment and underemployment continue as

serious problems among disabled veterans and Vietnam-era

veterans, alleviating unemployment and underemployment among such

veterans is a national responsibility.

(2) Because of the special nature of employment and training

needs of such veterans and the national responsibility to meet

those needs, policies and programs to increase opportunities for

such veterans to obtain employment, job training, counseling, and

job placement services and assistance in securing advancement in

employment should be effectively and vigorously implemented by

the Secretary of Labor and such implementation should be

accomplished through the Assistant Secretary of Labor for

Veterans' Employment and Training.

-SOURCE-

(Added Pub. L. 97-306, title III, Sec. 301(a), Oct. 14, 1982, 96

Stat. 1436, Sec. 2000; amended Pub. L. 100-323, Sec. 15(b)(1), May

20, 1988, 102 Stat. 574; renumbered Sec. 4100, Pub. L. 102-83, Sec.

5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 2000 of this title as

this section.

1988 - Par. (2). Pub. L. 100-323, Sec. 15(b)(1), inserted "and

Training" after "for Veterans' Employment".

COMMITTEE TO RAISE EMPLOYER AWARENESS OF SKILLS OF VETERANS AND

BENEFITS OF HIRING VETERANS

Pub. L. 107-288, Sec. 6, Nov. 7, 2002, 116 Stat. 2046, provided

that:

"(a) Establishment of Committee. - There is established within

the Department of Labor a committee to be known as the President's

National Hire Veterans Committee (hereinafter in this section

referred to as the 'Committee').

"(b) Duties. - The Committee shall establish and carry out a

national program to do the following:

"(1) To furnish information to employers with respect to the

training and skills of veterans and disabled veterans, and the

advantages afforded employers by hiring veterans with such

training and skills.

"(2) To facilitate employment of veterans and disabled veterans

through participation in America's Career Kit national labor

exchange, and other means.

"(c) Membership. - (1) The Secretary of Labor shall appoint 15

individuals to serve as members of the Committee, of whom one shall

be appointed from among representatives nominated by each

organization described in subparagraph (A) and of whom eight shall

be appointed from among representatives nominated by organizations

described in subparagraph (B).

"(A) Organizations described in this subparagraph are the

following:

"(i) The Ad Council.

"(ii) The National Committee for Employer Support of the

Guard and Reserve.

"(iii) Veterans' service organizations that have a national

employment program.

"(iv) State employment security agencies.

"(v) One-stop career centers.

"(vi) State departments of veterans affairs.

"(vii) Military service organizations.

"(B) Organizations described in this subparagraph are such

businesses, small businesses, industries, companies in the

private sector that furnish placement services, civic groups,

workforce investment boards, and labor unions as the Secretary of

Labor determines appropriate.

"(2) The following shall be ex officio, nonvoting members of the

Committee:

"(A) The Secretary of Veterans Affairs.

"(B) The Secretary of Defense.

"(C) The Assistant Secretary of Labor for Veterans' Employment

and Training.

"(D) The Administrator of the Small Business Administration.

"(E) The Postmaster General.

"(F) The Director of the Office of Personnel Management.

"(3) A vacancy in the Committee shall be filled in the manner in

which the original appointment was made.

"(d) Administrative Matters. - (1) The Committee shall meet not

less frequently than once each calendar quarter.

"(2) The Secretary of Labor shall appoint the chairman of the

Committee.

"(3)(A) Members of the Committee shall serve without

compensation.

"(B) Members of the Committee shall be allowed reasonable and

necessary travel expenses, including per diem in lieu of

subsistence, at rates authorized for persons serving intermittently

in the Government service in accordance with the provisions of

subchapter I of chapter 57 of title 5 [United States Code] while

away from their homes or regular places of business in the

performance of the responsibilities of the Committee.

"(4) The Secretary of Labor shall provide staff and

administrative support to the Committee to assist it in carrying

out its duties under this section. The Secretary shall assure

positions on the staff of the Committee include positions that are

filled by individuals that are now, or have ever been, employed as

one of the following:

"(A) Staff of the Assistant Secretary of Labor for Veterans'

Employment and Training under section 4102A of title 38, United

States Code as in effect on the date of the enactment of this Act

[Nov. 7, 2002].

"(B) Directors for Veterans' Employment and Training under

section 4103 of such title as in effect on such date.

"(C) Assistant Director for Veterans' Employment and Training

under such section as in effect on such date.

"(D) Disabled veterans' outreach program specialists under

section 4103A of such title as in effect on such date.

"(E) Local veterans' employment representatives under section

4104 of such title as in effect on such date.

"(5) Upon request of the Committee, the head of any Federal

department or agency may detail, on a nonreimbursable basis, any of

the personnel of that department or agency to the Committee to

assist it in carrying out its duties.

"(6) The Committee may contract with and compensate government

and private agencies or persons to furnish information to employers

under subsection (b)(1) without regard to section 3709 of the

Revised Statutes (41 U.S.C. 5).

"(e) Report. - Not later than December 31, 2003, 2004, and 2005,

the Secretary of Labor shall submit to Congress a report on the

activities of the Committee under this section during the previous

fiscal year, and shall include in such report data with respect to

placement and retention of veterans in jobs attributable to the

activities of the Committee.

"(f) Termination. - The Committee shall terminate 60 days after

submitting the report that is due on December 31, 2005.

"(g) Authorization of Appropriations. - There are authorized to

be appropriated to the Secretary of Labor from the employment

security administration account (established in section 901 of the

Social Security Act (42 U.S.C. 1101)) in the Unemployment Trust

Fund $3,000,000 for each of fiscal years 2003 through 2005 to carry

out this section."

REPORT ON IMPLEMENTATION OF EMPLOYMENT REFORMS

Pub. L. 107-288, Sec. 7, Nov. 7, 2002, 116 Stat. 2048, provided

that:

"(a) Study. - The Comptroller General of the United States shall

conduct a study on the implementation by the Secretary of Labor of

the provisions of this Act [see Short Title of 2002 Amendments note

set out under section 101 of this title] during the program years

that begin during fiscal years 2003 and 2004. The study shall

include an assessment of the modifications under sections 2 through

5 of this Act of the provisions of title 38, United States Code,

and an evaluation of the impact of those modifications, and of the

actions of the President's National Hire Veterans Committee under

section 6 of this Act [set out as a note above], to the provision

of employment, training, and placement services provided to

veterans under that title.

"(b) Report. - Not later than 6 months after the conclusion of

the program year that begins during fiscal year 2004, the

Comptroller General shall submit to Congress a report on the study

conducted under subsection (a). The report shall include such

recommendations as the Comptroller General determines appropriate,

including recommendations for legislation or administrative

action."

PILOT PROGRAM TO FURNISH EMPLOYMENT AND TRAINING INFORMATION AND

SERVICES TO MEMBERS OF ARMED FORCES SEPARATING FROM ARMED FORCES

Pub. L. 101-237, title IV, Sec. 408, Dec. 18, 1989, 103 Stat.

2083, as amended by Pub. L. 104-66, title I, Sec. 1101, Dec. 21,

1995, 109 Stat. 722, provided that:

"(a) Requirement for Program. - During the three-year period

beginning on January 1, 1990, the Secretary of Labor (hereafter in

this section referred to as the 'Secretary'), in conjunction with

the Secretary of Veterans Affairs and the Secretary of Defense,

shall conduct a pilot program to furnish employment and training

information and services to members of the Armed Forces within 180

days before such members are separated from the Armed Forces.

"(b) Areas To Be Covered by the Program. - The Secretary shall

conduct the pilot program in at least five, but not more than ten,

geographically dispersed States in which the Secretary determines

that employment and training services to eligible veterans will not

be unduly limited by the provision of such services to members of

the Armed Forces under the pilot program.

"(c) Utilization of Specific Personnel. - The Secretary shall

utilize disabled veterans' outreach program specialists or local

veterans' employment representatives to the maximum extent feasible

to furnish employment and training information and services under

the pilot program."

-End-

-CITE-

38 USC Sec. 4101 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4101. Definitions

-STATUTE-

For the purposes of this chapter -

(1) The term "special disabled veteran" has the same meaning

provided in section 4211(1) of this title.

(2) The term "veteran of the Vietnam era" has the same meaning

provided in section 4211(2) of this title.

(3) The term "disabled veteran" has the same meaning provided

in section 4211(3) of this title.

(4) The term "eligible veteran" has the same meaning provided

in section 4211(4) of this title.

(5) The term "eligible person" means -

(A) the spouse of any person who died of a service-connected

disability,

(B) the spouse of any member of the Armed Forces serving on

active duty who, at the time of application for assistance

under this chapter, 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 ninety 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, or

(C) the spouse of any person who has a total disability

permanent in nature resulting from a service-connected

disability or the spouse of a veteran who died while a

disability so evaluated was in existence.

(6) The term "State" means each of the several States of the

United States, the District of Columbia, and the Commonwealth of

Puerto Rico, and may include, to the extent determined necessary

and feasible, Guam, American Samoa, the Virgin Islands, the

Commonwealth of the Northern Marianas Islands, and the Trust

Territory of the Pacific Islands.

(7) The term "employment service delivery system" means a

service delivery system at which or through which labor exchange

services, including employment, training, and placement services,

are offered in accordance with the Wagner-Peyser Act.

(8) The term "Secretary" means the Secretary of Labor.

(9) The term "intensive services" means local employment and

training services of the type described in section 134(d)(3) of

the Workforce Investment Act of 1998.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1221, Sec. 2010;

renumbered Sec. 2001, Pub. L. 87-675, Sec. 1(a), Sept. 19, 1962, 76

Stat. 558; amended Pub. L. 89-358, Sec. 6(c)(1), Mar. 3, 1966, 80

Stat. 27; Pub. L. 92-540, title V, Sec. 502(a), Oct. 24, 1972, 86

Stat. 1094; Pub. L. 93-508, title IV, Sec. 401(a), Dec. 3, 1974, 88

Stat. 1592; Pub. L. 96-466, title V, Sec. 503, title VIII, Sec.

801(h), Oct. 17, 1980, 94 Stat. 2203, 2216; Pub. L. 100-323, Secs.

3(b), 15(a)(1), May 20, 1988, 102 Stat. 562, 574; renumbered Sec.

4101 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406; Pub. L. 107-288, Sec. 5(a)(1)(A), (c)(1), Nov. 7,

2002, 116 Stat. 2044, 2045.)

-REFTEXT-

REFERENCES IN TEXT

The Wagner-Peyser Act, referred to in par. (7), is act June 6,

1933, ch. 49, 48 Stat. 113, as amended, which is classified

generally to chapter 4B (Sec. 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.

Section 134(d)(3) of the Workforce Investment Act of 1998,

referred to in par. (9), is classified to section 2864(d)(3) of

Title 29, Labor.

-MISC1-

PRIOR PROVISIONS

Prior section 4101, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1243;

Pub. L. 89-785, title I, Sec. 101, Nov. 7, 1966, 80 Stat. 1368;

Pub. L. 93-82, title II, Sec. 201, Aug. 2, 1973, 87 Stat. 187; Pub.

L. 94-581, title II, Secs. 205(a), 209(a)(1), (3), 210(c)(1), Oct.

21, 1976, 90 Stat. 2857, 2860, 2863; Pub. L. 96-330, title I, Sec.

105(a), title III, Sec. 302, title IV, Sec. 408, Aug. 26, 1980, 94

Stat. 1036, 1048, 1053; Pub. L. 97-295, Sec. 4(80), Oct. 12, 1982,

96 Stat. 1311; Pub. L. 98-528, title I, Sec. 104, Oct. 19, 1984, 98

Stat. 2689; Pub. L. 99-166, title II, Sec. 202, Dec. 3, 1985, 99

Stat. 950; Pub. L. 100-322, title I, Sec. 135, May 20, 1988, 102

Stat. 507; Pub. L. 100-687, div. B, title XV, Sec. 1506(a), Nov.

18, 1988, 102 Stat. 4135, related to functions of Department of

Medicine and Surgery, prior to repeal by Pub. L. 102-40, title IV,

Sec. 401(a)(3), May 7, 1991, 105 Stat. 210. See sections 7301 to

7303, 7314, 7315, 7317, and 7425 of this title.

AMENDMENTS

2002 - Par. (7). Pub. L. 107-288, Sec. 5(c)(1), amended par. (7)

generally. Prior to amendment, par. (7) read as follows: "The term

'local employment service office' means a service delivery point

which has an intrinsic management structure and at which employment

services are offered in accordance with the Wagner-Peyser Act."

Par. (9). Pub. L. 107-288, Sec. 5(a)(1)(A), added par. (9).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 2001 of this

title as this section.

Pars. (1) to (4). Pub. L. 102-83, Sec. 5(c)(1), substituted

"4211(1)" for "2011(1)" in par. (1), "4211(2)" for "2011(2)" in

par. (2), "4211(3)" for "2011(3)" in par. (3), and "4211(4)" for

"2011(4)" in par. (4).

1988 - Pars. (7), (8). Pub. L. 100-323 added pars. (7) and (8).

1980 - Par. (1). Pub. L. 96-466, Sec. 503(1), substituted

provisions defining "special disabled veteran" for provisions that

term "eligible veteran" meant a person who served in the active

military, naval, or air service and who was discharged or released

therefrom with other than a dishonorable discharge.

Pars. (2) to (4). Pub. L. 96-466, Sec. 503(2), added pars. (2) to

(4). Former pars. (2) and (3) redesignated (5) and (6),

respectively.

Par. (5). Pub. L. 96-466, Secs. 503(2), 801(h)(1), redesignated

former par. (2) as (5) and substituted "The term" for "the term".

Par. (6). Pub. L. 96-466, Secs. 503(2), 801(h)(2), redesignated

former par. (3) as (6) and inserted "the Commonwealth of the

Northern Marianas Islands," after "the Virgin Islands,".

1974 - Pars. (2), (3). Pub. L. 93-508 added par. (2) and

redesignated former par. (2) as (3).

1972 - Pub. L. 92-540 substituted provisions defining "eligible

veteran" and "State", for provisions stating the Congressional

declaration of purpose.

1966 - Pub. L. 89-358 inserted "or of service after January 31,

1955" after "veterans of any war".

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-288, Sec. 5(a)(2), Nov. 7, 2002, 116 Stat. 2044,

provided that: "The amendments made by paragraph (1) [amending this

section and sections 4102, 4106, 4107, and 4109 of this title]

shall take effect on the date of the enactment of this Act [Nov. 7,

2002]."

Pub. L. 107-288, Sec. 5(c)(2), Nov. 7, 2002, 116 Stat. 2045,

provided that: "The amendments made by paragraph (1) [amending this

section] shall take effect on the date of the enactment of this Act

[Nov. 7, 2002]."

EFFECTIVE DATE OF 1980 AMENDMENT

Section 802(e) of Pub. L. 96-466 provided that: "The amendments

made by title V [see Tables for classification] and the provisions

of sections 512 and 513 [set out as notes under sections 4106 and

4107 of this title] shall become effective on October 1, 1980."

Amendment by section 801(h) of Pub. L. 96-466 effective Oct. 1,

1980, see section 802(h) of Pub. L. 96-466, set out as a note under

section 3452 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section

503 of Pub. L. 93-508, set out as a note under section 3452 of this

title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 601(b) of Pub. L. 92-540 provided that: "The provisions

of title V of this Act [see Tables for classification] shall become

effective 90 days after the date of enactment of this Act [Oct. 24,

1972]."

SAVINGS PROVISION

Section 1(e) of Pub. L. 87-675 provided that: "Claims for

benefits under [former] sections 2001 through 2009 of chapter 41 of

title 38, United States Code, for any benefit week beginning before

January 31, 1960, which claims are pending on the date these

sections are repealed [Sept. 19, 1962], shall be adjudicated in the

same manner and with the same effect as if the sections had not

been repealed. For the purpose of administering the program with

respect to such claims, all functions, powers, and duties conferred

upon the Secretary of Labor by sections 2001 through 2009 are

continued in effect, and all rules and regulations established by

the Secretary of Labor pursuant to these sections, and in effect

when the sections are repealed, shall remain in full force and

effect until modified or suspended."

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC2-

EMPLOYMENT ASSISTANCE AND SERVICES FOR VETERANS INELIGIBLE FOR

ASSISTANCE

Pub. L. 96-466, title V, Sec. 512, Oct. 17, 1980, 94 Stat. 2207,

as amended by Pub. L. 105-277, div. A, Sec. 101(f) [title VIII,

Sec. 405(d)(28), (f)(20)], Oct. 21, 1998, 112 Stat. 2681-337,

2681-424, 2681-432, provided that: "The Secretary of Labor shall

assure that any veteran who is made ineligible for employment

assistance under chapter 41 of title 38, United States Code, by

virtue of the amendments made by section 503(1) of this Act

[amending this section] shall be provided with the employment

assistance and services made available under the provisions of the

Act entitled 'An Act to provide for the establishment of a national

employment system and for cooperation with the States in the

promotion of such system, and for other purposes', approved June 6,

1933 (commonly referred to as the 'Wagner-Peyser Act'), (29 U.S.C.

49-49k), title I of the Workforce Investment Act of 1998 [29 U.S.C.

2801 et seq.], and other applicable provisions of law."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4102A, 4112, 4212 of this

title.

-End-

-CITE-

38 USC Sec. 4102 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4102. Purpose

-STATUTE-

The Congress declares as its intent and purpose that there shall

be an effective (1) job and job training intensive services

program, (2) employment placement service program, and (3) job

training placement service program for eligible veterans and

eligible persons and that, to this end policies and regulations

shall be promulgated and administered by an Assistant Secretary of

Labor for Veterans' Employment and Training, established by section

4102A of this title, through a Veterans' Employment and Training

Service within the Department of Labor, so as to provide such

veterans and persons the maximum of employment and training

opportunities, with priority given to the needs of disabled

veterans and veterans who served on active duty during a war or in

a campaign or expedition for which a campaign badge has been

authorized through existing programs, coordination and merger of

programs and implementation of new programs, including programs

carried out by the Veterans' Employment and Training Service to

implement all efforts to ease the transition of servicemembers to

civilian careers that are consistent with, or an outgrowth of, the

military experience of the servicemembers.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1217, Sec. 2011;

renumbered Sec. 2002, Pub. L. 87-675, Sec. 1(a), Sept. 19, 1962, 76

Stat. 558; amended Pub. L. 89-358, Sec. 6(c), Mar. 3, 1966, 80

Stat. 27; Pub. L. 92-540, title V, Sec. 502(a), Oct. 24, 1972, 86

Stat. 1094; Pub. L. 93-508, title IV, Sec. 401(b), Dec. 3, 1974, 88

Stat. 1592; Pub. L. 94-502, title VI, Sec. 601(a), Oct. 15, 1976,

90 Stat. 2404; Pub. L. 96-466, title V, Sec. 504(a)(2), Oct. 17,

1980, 94 Stat. 2203; Pub. L. 97-306, title III, Sec. 302, Oct. 14,

1982, 96 Stat. 1437; Pub. L. 98-160, title VII, Sec. 702(15), Nov.

21, 1983, 97 Stat. 1010; Pub. L. 100-323, Sec. 15(b)(1), (d), May

20, 1988, 102 Stat. 574; renumbered Sec. 4102 and amended Pub. L.

102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L.

107-288, Sec. 5(a)(1)(B), (b)(1), Nov. 7, 2002, 116 Stat. 2044,

2045.).)

-MISC1-

PRIOR PROVISIONS

Prior section 4102, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1243;

Pub. L. 89-785, title I, Sec. 102, Nov. 7, 1966, 80 Stat. 1368;

Pub. L. 94-581, title I, Sec. 110(1), Oct. 21, 1976, 90 Stat. 2848,

related to divisions of Department of Medicine and Surgery, prior

to repeal by Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991,

105 Stat. 210. See section 7305 of this title.

Provisions similar to those comprising this section were

contained in former section 2001 of this title prior to the

amendment of this chapter by Pub. L. 92-540.

AMENDMENTS

2002 - Pub. L. 107-288, Sec. 5(a)(1)(B), substituted "job and job

training intensive services program," for "job and job training

counseling service program,".

Pub. L. 107-288, Sec. 5(b)(1), substituted "and veterans who

served on active duty during a war or in a campaign or expedition

for which a campaign badge has been authorized" for "and veterans

of the Vietnam era" and inserted before period ", including

programs carried out by the Veterans' Employment and Training

Service to implement all efforts to ease the transition of

servicemembers to civilian careers that are consistent with, or an

outgrowth of, the military experience of the servicemembers".

1991 - Pub. L. 102-83 renumbered section 2002 of this title as

this section and substituted "4102A" for "2002A".

1988 - Pub. L. 100-323 inserted "and Training" after "for

Veterans' Employment" and substituted "Veterans' Employment and

Training Service" for "Veterans Employment Service".

1983 - Pub. L. 98-160 substituted "an Assistant" for "a

Assistant".

1982 - Pub. L. 97-306 inserted "and regulations" after "to this

end policies", and inserted ", with priority given to the needs of

disabled veterans and veterans of the Vietnam era" after

"opportunities".

1980 - Pub. L. 96-466 struck out "Deputy" before "Assistant

Secretary".

1976 - Pub. L. 94-502 inserted "by a Deputy Assistant Secretary

of Labor for Veteran's Employment, established by section 2002A of

this title," after "promulgated and administered".

1974 - Pub. L. 93-508 substituted "eligible veterans and eligible

persons" for "eligible veterans" and "to provide such veterans and

persons" for "to provide such veterans".

1972 - Pub. L. 92-540 substituted provisions stating the

Congressional declaration of purpose, for provisions relating to

the assignment of veterans' employment representatives. See section

2003 of this title.

1966 - Pub. L. 89-358 inserted "or of service after January 31,

1955" after "veterans of any war" in cls. (3) and (5); "or of

service after January 31, 1955" after "veteran of any war" in first

sentence; and "or of service after January 31, 1955," after

"veterans of any war" in cls. (1) and (4), wherever appearing,

respectively.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-288, Sec. 5(b)(2), Nov. 7, 2002, 116 Stat. 2045,

provided that: "The amendments made by paragraph (1) [amending this

section] shall take effect on the date of the enactment of this Act

[Nov. 7, 2002]."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section

802(e) of Pub. L. 96-466, set out as a note under section 4101 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Dec. 1, 1976, see section

703(c) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section

503 of Pub. L. 93-508, set out as a note under section 3452 of this

title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-540 effective 90 days after Oct. 24,

1972, see section 601(b) of Pub. L. 92-540, set out as a note under

section 4101 of this title.

VETERAN'S EMPLOYMENT PROVISIONS

Pub. L. 93-567, title I, Sec. 104, Dec. 31, 1974, 88 Stat. 1848,

as amended by Pub. L. 94-444, Sec. 12(a), Oct. 1, 1976, 90 Stat.

1483; Pub. L. 94-502, title VI, Sec. 601(c), Oct. 15, 1976, 90

Stat. 2404, which authorized Secretary of Labor to provide for an

outreach and public information program for veterans utilizing, to

maximum extent, the Departments of Labor and Health, Education, and

Welfare and the Veterans' Administration, was repealed by Pub. L.

95-524, Sec. 7, Oct. 27, 1978, 92 Stat. 2021.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 1101.

-End-

-CITE-

38 USC Sec. 4102A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4102A. Assistant Secretary of Labor for Veterans' Employment

and Training; program functions; Regional Administrators

-STATUTE-

(a) Establishment of Position of Assistant Secretary of Labor for

Veterans' Employment and Training. - (1) There is established

within the Department of Labor an Assistant Secretary of Labor for

Veterans' Employment and Training, appointed by the President by

and with the advice and consent of the Senate, who shall formulate

and implement all departmental policies and procedures to carry out

(A) the purposes of this chapter, chapter 42, and chapter 43 of

this title, and (B) all other Department of Labor employment,

unemployment, and training programs to the extent they affect

veterans.

(2) 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 and Training.

(3)(A) There shall be within the Department of Labor a Deputy

Assistant Secretary of Labor for Veterans' Employment and Training.

The Deputy Assistant Secretary shall perform such functions as the

Assistant Secretary of Labor for Veterans' Employment and Training

prescribes.

(B) No individual may be appointed as a Deputy Assistant

Secretary of Labor for Veterans' Employment and Training unless the

individual has at least five years of service in a management

position as an employee of the Federal civil service or comparable

service in a management position in the Armed Forces. For purposes

of determining such service of an individual, there shall be

excluded any service described in subparagraphs (A), (B), and (C)

of section 308(d)(2) of this title.

(b) Program Functions. - The Secretary shall carry out the

following functions:

(1) Except as expressly provided otherwise, carry out all

provisions of this chapter and chapter 43 of this title through

the Assistant Secretary of Labor for Veterans' Employment and

Training and administer through such Assistant Secretary all

programs under the jurisdiction of the Secretary for the

provision of employment and training services designed to meet

the needs of all veterans and persons eligible for services

furnished under this chapter.

(2) In order to make maximum use of available resources in

meeting such needs, encourage all such programs, and all grantees

and contractors under such programs to enter into cooperative

arrangements with private industry and business concerns

(including small business concerns owned by veterans or disabled

veterans), educational institutions, trade associations, and

labor unions.

(3) Ensure that maximum effectiveness and efficiency are

achieved in providing services and assistance to eligible

veterans under all such programs by coordinating and consulting

with the Secretary of Veterans Affairs with respect to (A)

programs conducted under other provisions of this title, with

particular emphasis on coordination of such programs with

readjustment counseling activities carried out under section

1712A of this title, apprenticeship or other on-the-job training

programs carried out under section 3687 of this title, and

rehabilitation and training activities carried out under chapter

31 of this title and (B) determinations covering veteran

population in a State.

(4) Ensure that employment, training, and placement activities

are carried out in coordination and cooperation with appropriate

State public employment service officials.

(5) Subject to subsection (c), make available for use in each

State by grant or contract such funds as may be necessary to

support -

(A) disabled veterans' outreach program specialists appointed

under section 4103A(a)(1) of this title,

(B) local veterans' employment representatives assigned under

section 4104(b) of this title, and

(C) the reasonable expenses of such specialists and

representatives described in subparagraphs (A) and (B),

respectively, for training, travel, supplies, and other

business expenses, including travel expenses and per diem for

attendance at the National Veterans' Employment and Training

Services Institute established under section 4109 of this

title.

(6) Monitor and supervise on a continuing basis the

distribution and use of funds provided for use in the States

under paragraph (5).

(7) Establish, and update as appropriate, a comprehensive

performance accountability system (as described in subsection

(f)) and carry out annual performance reviews of veterans

employment, training, and placement services provided through

employment service delivery systems, including through disabled

veterans' outreach program specialists and through local

veterans' employment representatives in States receiving grants,

contracts, or awards under this chapter.

(c) Conditions for Receipt of Funds. - (1) The distribution and

use of funds under subsection (b)(5) in order to carry out sections

4103A(a) and 4104(a) of this title shall be subject to the

continuing supervision and monitoring of the Secretary and shall

not be governed by the provisions of any other law, or any

regulations prescribed thereunder, that are inconsistent with this

section or section 4103A or 4104 of this title.

(2)(A) A State shall submit to the Secretary an application for a

grant or contract under subsection (b)(5). The application shall

contain the following information:

(i) A plan that describes the manner in which the State shall

furnish employment, training, and placement services required

under this chapter for the program year, including a description

of -

(I) duties assigned by the State to disabled veterans'

outreach program specialists and local veterans' employment

representatives consistent with the requirements of sections

4103A and 4104 of this title;

(II) the manner in which such specialists and representatives

are integrated in the employment service delivery systems in

the State; and

(III) the program of performance incentive awards described

in section 4112 of this title in the State for the program

year.

(ii) The veteran population to be served.

(iii) Such additional information as the Secretary may require

to make a determination with respect to awarding a grant or

contract to the State.

(B)(i) Subject to the succeeding provisions of this subparagraph,

of the amount available under subsection (b)(5) for a fiscal year,

the Secretary shall make available to each State with an

application approved by the Secretary an amount of funding in

proportion to the number of veterans seeking employment using such

criteria as the Secretary may establish in regulation, including

civilian labor force and unemployment data, for the State on an

annual basis. The proportion of funding shall reflect the ratio of

-

(I) the total number of veterans residing in the State that are

seeking employment; to

(II) the total number of veterans seeking employment in all

States.

(ii) The Secretary shall phase in over the three fiscal-year

period that begins on October 1, 2002, the manner in which amounts

are made available to States under subsection (b)(5) and this

subsection, as amended by the Jobs for Veterans Act.

(iii) In carrying out this paragraph, the Secretary may establish

minimum funding levels and hold-harmless criteria for States.

(3)(A)(i) As a condition of a grant or contract under this

section for a program year, in the case of a State that the

Secretary determines has an entered-employment rate for veterans

that is deficient for the preceding program year, the State shall

develop a corrective action plan to improve that rate for veterans

in the State.

(ii) The State shall submit the corrective action plan to the

Secretary for approval, and if approved, shall expeditiously

implement the plan.

(iii) If the Secretary does not approve a corrective action plan

submitted by the State under clause (i), the Secretary shall take

such steps as may be necessary to implement corrective actions in

the State to improve the entered-employment rate for veterans in

that State.

(B) To carry out subparagraph (A), the Secretary shall establish

in regulations a uniform national threshold entered-employment rate

for veterans for a program year by which determinations of

deficiency may be made under subparagraph (A).

(C) In making a determination with respect to a deficiency under

subparagraph (A), the Secretary shall take into account the

applicable annual unemployment data for the State and consider

other factors, such as prevailing economic conditions, that affect

performance of individuals providing employment, training, and

placement services in the State.

(4) In determining the terms and conditions of a grant or

contract under which funds are made available to a State in order

to carry out section 4103A or 4104 of this title, the Secretary

shall take into account -

(A) the results of reviews, carried out pursuant to subsection

(b)(7), of the performance of the employment, training, and

placement service delivery system in the State, and

(B) the monitoring carried out under this section.

(5) Each grant or contract by which funds are made available to a

State shall contain a provision requiring the recipient of the

funds -

(A) to comply with the provisions of this chapter; and

(B) on an annual basis, to notify the Secretary of, and provide

supporting rationale for, each nonveteran who is employed as a

disabled veterans' outreach program specialist and local

veterans' employment representative for a period in excess of 6

months.

(6) Each State shall coordinate employment, training, and

placement services furnished to veterans and eligible persons under

this chapter with such services furnished with respect to such

veterans and persons under the Workforce Investment Act of 1998 and

the Wagner-Peyser Act.

(7) With respect to program years beginning during or after

fiscal year 2004, one percent of the amount of a grant or contract

under which funds are made available to a State in order to carry

out section 4103A or 4104 of this title for the program year shall

be for the purposes of making cash awards under the program of

performance incentive awards described in section 4112 of this

title in the State.

(d) Participation in Other Federally Funded Job Training

Programs. - The Assistant Secretary of Labor for Veterans'

Employment and Training shall promote and monitor participation of

qualified veterans and eligible persons in employment and training

opportunities under title I of the Workforce Investment Act of 1998

and other federally funded employment and training programs.

(e) Regional Administrators. - (1) The Secretary shall assign to

each region for which the Secretary operates a regional office a

representative of the Veterans' Employment and Training Service to

serve as the Regional Administrator for Veterans' Employment and

Training in such region.

(2) Each such Regional Administrator shall carry out such duties

as the Secretary may require to promote veterans employment and

reemployment within the region that the Administrator serves.

(f) Establishment of Performance Standards and Outcomes Measures.

- (1) By not later than 6 months after the date of the enactment of

this section, the Assistant Secretary of Labor for Veterans'

Employment and Training shall establish and implement a

comprehensive performance accountability system to measure the

performance of employment service delivery systems, including

disabled veterans' outreach program specialists and local veterans'

employment representatives providing employment, training, and

placement services under this chapter in a State to provide

accountability of that State to the Secretary for purposes of

subsection (c).

(2) Such standards and measures shall -

(A) be consistent with State performance measures applicable

under section 136(b) of the Workforce Investment Act of 1998; and

(B) be appropriately weighted to provide special consideration

for placement of (i) veterans requiring intensive services (as

defined in section 4101(9) of this title), such as special

disabled veterans and disabled veterans, and (ii) veterans who

enroll in readjustment counseling under section 1712A of this

title.

(g) Authority to Provide Technical Assistance to States. - The

Secretary may provide such technical assistance as the Secretary

determines appropriate to any State that the Secretary determines

has, or may have, an entered-employment rate in the State that is

deficient, as determined under subsection (c)(3) with respect to a

program year, including assistance in the development of a

corrective action plan under that subsection.

-SOURCE-

(Added Pub. L. 94-502, title VI, Sec. 601(b)(1), Oct. 15, 1976, 90

Stat. 2404, Sec. 2002A; amended Pub. L. 96-466, title V, Sec.

504(a)(3), (4), Oct. 17, 1980, 94 Stat. 2203; Pub. L. 97-306, title

III, Sec. 303, Oct. 14, 1982, 96 Stat. 1437; Pub. L. 98-160, title

VII, Sec. 702(15), Nov. 21, 1983, 97 Stat. 1010; Pub. L. 100-323,

Secs. 2(a), (e)(3)(A), 15(a)(2), (b)(1), May 20, 1988, 102 Stat.

556, 559, 574; Pub. L. 101-237, title IV, Sec. 423(b)(8)(A), Dec.

18, 1989, 103 Stat. 2093; renumbered Sec. 4102A and amended Pub. L.

102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 404-406; Pub. L. 103-446, title VII, Sec. 701(a), title XII,

Sec. 1201(a)(4), Nov. 2, 1994, 108 Stat. 4674, 4682; Pub. L.

104-275, title III, Sec. 301, Oct. 9, 1996, 110 Stat. 3332; Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(29)(A),

(f)(21)(A)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-424, 2681-432;

Pub. L. 105-368, title X, Sec. 1005(b)(13), Nov. 11, 1998, 112

Stat. 3365; Pub. L. 107-288, Sec. 4(a)(1), Nov. 7, 2002, 116 Stat.

2038.)

-REFTEXT-

REFERENCES IN TEXT

The Jobs for Veterans Act, referred to in subsec. (c)(2)(B)(ii),

is Pub. 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 subsecs.

(c)(6) and (d), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. Title I of the Act is classified principally to chapter 30

(Sec. 2801 et seq.) of Title 29, Labor. Section 136(b) of the Act

is classified to section 2871(b) of Title 29. For complete

classification of this Act to the Code, see Short Title note set

out under section 9201 of Title 20, Education, and Tables.

The Wagner-Peyser Act, referred to in subsec. (c)(6), is act June

6, 1933, ch. 49, 48 Stat. 113, as amended, which is classified

generally to chapter 4B (Sec. 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 date of the enactment of this section, referred to in subsec.

(f)(1), probably means the date of enactment of Pub. L. 107-288,

which amended this section generally and was approved Nov. 7, 2002.

-MISC1-

AMENDMENTS

2002 - Pub. 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 job

training programs, and regional administrators.

1998 - Subsec. (d). Pub. L. 105-277, Sec. 101(f) [title VIII,

Sec. 405(f)(21)(A)], struck out "the Job Training Partnership Act

and" after "and training opportunities under".

Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(29)(A)],

substituted "the Job Training Partnership Act and title I of the

Workforce Investment Act of 1998" for "the Job Training Partnership

Act".

Subsec. (e)(1). Pub. 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). Pub. 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). Pub. L. 103-446, Sec. 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). Pub. L. 103-446, Sec. 1201(a)(4),

substituted "Regional Administrator" for "Regional Secretary".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 2002A of

this title as this section.

Subsec. (b)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted "1712A"

for "612A" and "3687" for "1787".

Subsec. (b)(5). Pub. L. 102-83, Sec. 5(c)(1), substituted

"4103A(a)(1)" for "2003A(a)(1)", "4104(b)" for "2004(b)", and

"4109" for "2009".

Subsec. (b)(7). Pub. L. 102-83, Sec. 5(c)(1), substituted

"4103A(a)(1) and 4104(a)(4)" for "2003A(a)(1) and "2004(a)(4)".

Subsec. (c)(1). Pub. L. 102-83, Sec. 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). Pub. L. 102-83, Sec. 5(c)(1), substituted "4103A

or 4104" for "2003A or 2004" and "4103(c)(15)" for "2003(c)(15)".

Subsec. (e)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" after "Regional".

Subsec. (e)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted "4212"

for "2012" in subpar. (B).

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" after "Regional" in introductory provisions.

1989 - Subsec. (b)(3). Pub. L. 101-237 substituted "Secretary of

Veterans Affairs" for "Administrator".

1988 - Pub. L. 100-323, Sec. 2(e)(3)(A), inserted "and Training;

Regional Administrators" after "for Veterans' Employment" in

section catchline.

Subsec. (a). Pub. L. 100-323, Sec. 15(b)(1), inserted "and

Training" after "for Veterans' Employment" in two places.

Pub. L. 100-323, Sec. 15(a)(2), struck out "of Labor" after "to

the Secretary".

Pub. L. 100-323, Sec. 2(a), designated existing provisions as

subsec. (a).

Subsecs. (b) to (e). Pub. L. 100-323, Sec. 2(a), added subsecs.

(b) to (e).

1983 - Pub. L. 98-160 substituted "an Assistant" for "a

Assistant".

1982 - Pub. 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 - Pub. L. 96-466 struck out "Deputy" before "Assistant

Secretary" in section catchline and text.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-288, Sec. 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, Sec. 405(d)(29)(A)] of

Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section

101(f) [title VIII, Sec. 405(f)(21)(A)] of Pub. L. 105-277

effective July 1, 2000, see section 101(f) [title VIII, Sec.

405(g)(1), (2)(B)] of Pub. 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 Pub. L. 100-323 effective May 20, 1988, except that

subsec. (b)(5) effective for all of fiscal year 1988 and subsequent

fiscal years, see section 16(a), (b)(1)(A) of Pub. L. 100-323, set

out as a note under section 3104 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section

802(e) of Pub. 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 Pub. L.

94-502, set out as a note under section 3693 of this title.

REFERENCES TO AND CONTINUATION OF POSITION OF DEPUTY ASSISTANT

SECRETARY OF LABOR FOR VETERANS' EMPLOYMENT

Section 504(b), (c) of Pub. L. 96-466 provided that:

"(b) 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(b)(3) of Pub. L. 99-619, set out as a

References in Other Laws note under section 553 of Title 29,

Labor.]

[Section 802(e) of Pub. L. 96-466 provided that section 504(b),

(c) are effective Oct. 1, 1980.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4102, 4103A, 4106, 4107,

4112 of this title.

-End-

-CITE-

38 USC Sec. 4103 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4103. Directors and Assistant Directors for Veterans'

Employment and Training; additional Federal personnel

-STATUTE-

(a) Directors and Assistant Directors. - (1) The Secretary shall

assign to each State a representative of the Veterans' Employment

and Training Service to serve as the Director for Veterans'

Employment and Training, and shall assign full-time Federal

clerical or other support personnel to each such Director.

(2) Each Director for Veterans' Employment and Training for a

State shall, at the time of appointment, have been a bona fide

resident of the State for at least two years.

(3) Full-time Federal clerical or other support personnel

assigned to Directors for Veterans' Employment and Training shall

be appointed in accordance with the provisions of title 5 governing

appointments in the competitive service and shall be paid in

accordance with the provisions of chapter 51 and subchapter III of

chapter 53 of title 5.

(b) Additional Federal Personnel. - The Secretary may also assign

as supervisory personnel such representatives of the Veterans'

Employment and Training Service as the Secretary determines

appropriate to carry out the employment, training, and placement

services required under this chapter, including Assistant Directors

for Veterans' Employment and Training.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1218, Sec. 2012;

renumbered Sec. 2003, Pub. L. 87-675, Sec. 1(a), Sept. 19, 1962, 76

Stat. 558; amended Pub. L. 89-358, Sec. 6(c)(1), Mar. 3, 1966, 80

Stat. 27; Pub. L. 92-540, title V, Sec. 502(a), Oct. 24, 1972, 86

Stat. 1094; Pub. L. 93-508, title IV, Sec. 401(c), Dec. 3, 1974, 88

Stat. 1592; Pub. L. 94-502, title VI, Secs. 602, 606(1), Oct. 15,

1976, 90 Stat. 2404, 2405; Pub. L. 96-466, title V, Sec. 505, title

VIII, Sec. 801(i), Oct. 17, 1980, 94 Stat. 2204, 2216; Pub. L.

97-295, Sec. 4(70), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 97-306,

title III, Sec. 304(a)(1), (b), (c), Oct. 14, 1982, 96 Stat. 1437,

1438; Pub. L. 100-323, Secs. 5, 7(a), 15(a)(2), (c)(1), (3)(A), May

20, 1988, 102 Stat. 563, 564, 574; Pub. L. 101-237, title IV, Sec.

423(b)(8)(B), Dec. 18, 1989, 103 Stat. 2093; renumbered Sec. 4103

and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 406; Pub. L. 103-446, title XII, Sec. 1201(d)(14), Nov. 2,

1994, 108 Stat. 4684; Pub. L. 104-275, title III, Sec. 302, Oct. 9,

1996, 110 Stat. 3332; Pub. L. 107-288, Sec. 4(a)(1), Nov. 7, 2002,

116 Stat. 2042.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (a)(3), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

-MISC1-

PRIOR PROVISIONS

Prior section 4103, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1243;

Pub. L. 86-568, title I, Sec. 114(a)-(e), July 1, 1960, 74 Stat.

300; Pub. L. 87-574, Sec. 5, Aug. 6, 1962, 76 Stat. 309; Pub. L.

87-793, Sec. 801, Oct. 11, 1962, 76 Stat. 859; Pub. L. 88-18, May

8, 1963, 77 Stat. 15; Pub. L. 88-426, title I, Sec. 117(a), Aug.

14, 1964, 78 Stat. 409; Pub. L. 89-785, title I, Sec. 103(a), (b),

Nov. 7, 1966, 80 Stat. 1368; Pub. L. 93-82, title II, Sec. 202,

Aug. 2, 1973, 87 Stat. 188; Pub. L. 94-581, title I, Sec. 110(2),

title II, Secs. 205(d), 209(c)(1), 210(c)(2), Oct. 21, 1976, 90

Stat. 2848, 2859, 2861, 2863; Pub. L. 96-330, title I, Sec. 105(b),

title III, Sec. 303, Aug. 26, 1980, 94 Stat. 1036, 1050; Pub. L.

100-687, div. B, title XV, Sec. 1506(b)(1), Nov. 18, 1988, 102

Stat. 4135, related to Office of Chief Medical Director, prior to

repeal by Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991,

105 Stat. 210. See section 7306 of this title.

Provisions similar to those comprising this section were

contained in section 2002 of this title prior to the amendment of

this chapter by Pub. L. 92-540.

AMENDMENTS

2002 - Pub. L. 107-288 substituted "Directors and Assistant

Directors for Veterans' Employment and Training; additional Federal

personnel" for "Directors and Assistant Directors for Veterans'

Employment and Training" in section catchline and amended text

generally, substituting subsecs. (a) and (b) for former subsecs.

(a) to (c) relating to Directors and Assistant Directors and their

responsibilities.

1996 - Subsec. (a). Pub. L. 104-275 substituted "full-time

Federal clerical or other support personnel" for "full-time Federal

clerical support" in first sentence and "Full-time Federal clerical

or other support personnel" for "Full-time Federal clerical support

personnel" in third sentence.

1994 - Subsec. (c)(2). Pub. L. 103-446 substituted "subchapter II

of chapter 77" for "subchapter IV of chapter 3".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 2003 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "4107" for

"2007".

Subsec. (c)(8). Pub. L. 102-83, Sec. 5(c)(1), substituted "4212"

for "2012".

Subsec. (c)(11). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1712A" for "612A".

1989 - Subsec. (c)(2), (10). Pub. L. 101-237 substituted

"Department of Veterans Affairs" for "Veterans' Administration".

1988 - Pub. L. 100-323, Sec. 15(c)(3)(A), substituted "Directors

and Assistant Directors" for "State and Assistant State Directors"

and inserted "and Training" after "for Veterans' Employment" in

section catchline.

Subsec. (a). Pub. L. 100-323, Sec. 15(a)(2), struck out "of

Labor" after "The Secretary" at beginning.

Pub. L. 100-323, Sec. 15(c)(1), substituted "Director for

Veterans' Employment and Training" for "State Director for

Veterans' Employment" in two places, "Assistant Director for

Veterans' Employment and Training" for "Assistant State Director

for Veterans' Employment", "Assistant Directors for Veterans'

Employment and Training" for "Assistant State Directors for

Veterans' Employment", and "Directors for Veterans' Employment and

Training" for "State Directors for Veterans' Employment".

Subsec. (b)(1)(A). Pub. L. 100-323, Sec. 15(c)(1), substituted

"Director for Veterans' Employment and Training" for "State

Director for Veterans' Employment" and "Assistant Director for

Veterans' Employment and Training" for "Assistant State Director

for Veterans' Employment".

Pub. L. 100-323, Sec. 5(1)-(3), designated existing provisions as

subpar. (A), redesignated former cls. (A) and (B) as (i) and (ii),

respectively, and substituted ", except as provided in subparagraph

(B) of this paragraph, be a qualified veteran" for "be an eligible

veteran" in cl. (i).

Subpar. (b)(1)(B). Pub. L. 100-323, Sec. 5(4), added subpar. (B).

Subsec. (b)(2). Pub. L. 100-323, Sec. 15(c)(1), substituted

"Director for Veterans' Employment and Training" for "State

Director for Veterans' Employment" and "Assistant Director for

Veterans' Employment and Training" for "Assistant State Director

for Veterans' Employment".

Pub. L. 100-323, Sec. 15(a)(2), struck out "of Labor" after "to

the Secretary".

Subsec. (c). Pub. L. 100-323, Sec. 15(c)(1), substituted

"Director for Veterans' Employment and Training" for "State

Director for Veterans' Employment" and "Assistant Directors for

Veterans' Employment and Training" for "Assistant State Directors

for Veterans' Employment".

Subsec. (c)(1). Pub. L. 100-323, Sec. 7(a)(1), inserted "(A)

functionally supervise the provision of services to eligible

veterans and eligible persons by such system and such program and

their staffs, and (B)" after "(1)" and ", including the program

conducted under the Veterans' Job Training Act (Public Law 98-77;

29 U.S.C. 1721 note)" after "programs".

Subsec. (c)(2). Pub. L. 100-323, Sec. 7(a)(2), inserted "and

otherwise to promote the employment of eligible veterans and

eligible persons" after "opportunities".

Subsec. (c)(13) to (15). Pub. L. 100-323, Sec. 7(a)(3)-(5), added

cls. (13) to (15).

1982 - Pub. L. 97-306, Sec. 304(a)(1), struck out text that

preceded cl. (1), which related to assignment, number,

qualifications, pay, and administrative position of veterans'

employment representatives, and inserted in lieu thereof a revised

section catchline and subsecs. (a) to (c) relating to State and

Assistant State Directors for Veterans' Employment.

Pub. L. 97-295 substituted "chapter 51 and" for "chapter 51 of".

Subsec. (c)(6). Pub. L. 97-306, Sec. 304(b), substituted

provision of cl. (6) that the Director and Assistant Director

promote and facilitate the participation of veterans in Federal and

federally funded employment and training programs and directly

monitor the implementation and operation of such programs to ensure

that eligible veterans, veterans of the Vietnam era, disabled

veterans, and eligible persons receive such priority or other

special consideration in the provision of services as is required

by law or regulation, for provision that they promote the

participation of veterans in Comprehensive Employment and Training

Act programs and monitor the implementation and operation of

Comprehensive Employment and Training Act programs to assure that

eligible veterans, disabled veterans, and veterans of the Vietnam

era receive special consideration when required.

Subsec. (c)(8) to (12). Pub. L. 97-306, Sec. 304(c), added cls.

(8) to (12).

1980 - Pub. L. 96-466 in provisions preceding par. (1) inserted

"(and shall assign full-time clerical support to each such

representative)" after "to serve as the veterans' employment

representative", struck out ", United States Code," after "title

5", substituted "employment and training programs" for "manpower

and training programs", inserted "system" after "public employment

service" wherever appearing, and in par. (6) inserted ", disabled

veterans, and veterans of the Vietnam era" after "eligible

veterans".

1976 - Pub. L. 94-502 substituted "the Secretary shall determine"

for "he shall determine", "such representative's" for "his",

"administered by the Secretary or by prime sponsors under the

Comprehensive Employment and Training Act" for "administered by the

Secretary", added cl. (6), and redesignated former cl. (6) as (7).

1974 - Pub. L. 93-508 substituted "250,000 veterans and eligible

persons of the State" for "250,000 veterans of the State", and

"Secretary's veterans' and eligible persons' counseling and

placement policies" for "Secretary's veterans' counseling and

placement policies", and in cls. (1), (2), (4), (5), and (6) of the

fifth sentence substituted "eligible veterans and eligible persons"

for "eligible veterans", in cl. (3) substituted "eligible veteran's

or an eligible person's" for "eligible veteran's", and in cl. (4)

substituted "such veterans and persons" for "such veterans".

1972 - Pub. L. 92-540 substituted provisions relating to the

assignment of veterans' employment representatives for provisions

relating to the assignment of employees of local offices. See

section 2004 of this title.

1966 - Pub. L. 89-358 inserted "or of service after January 31,

1955" after "veterans of any war".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-288 effective Nov. 7, 2002, and

applicable for program and fiscal years under this chapter

beginning on or after such date, see section 4(a)(4) of Pub. L.

107-288, set out as a note under section 4102A of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 15(a)(2), (c)(1), (3)(A) of Pub. L. 100-323

effective May 20, 1988, and amendment by sections 5 and 7(a) of

Pub. L. 100-323 effective on 60th day after May 20, 1988, see

section 16(a), (b)(2) of Pub. L. 100-323, set out as a note under

section 3104 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 505 of Pub. L. 96-466 effective Oct. 1,

1980, see section 802(e) of Pub. L. 96-466, set out as a note under

section 4101 of this title.

Amendment by section 801(i) of Pub. L. 96-466 effective Oct. 1,

1980, see section 802(h) of Pub. L. 96-466, set out as a note under

section 3452 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Dec. 1, 1976, see section

703(c) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section

503 of Pub. L. 93-508, set out as a note under section 3452 of this

title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-540 effective 90 days after Oct. 24,

1972, see section 601(b) of Pub. L. 92-540, set out as a note under

section 4101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4102A of this title; title

42 section 1101.

-End-

-CITE-

38 USC Sec. 4103A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4103A. Disabled veterans' outreach program

-STATUTE-

(a) Requirement for Employment by States of a Sufficient Number

of Specialists. - (1) Subject to approval by the Secretary, a State

shall employ such full- or part-time disabled veterans' outreach

program specialists as the State determines appropriate and

efficient to carry out intensive services under this chapter to

meet the employment needs of eligible veterans with the following

priority in the provision of services:

(A) Special disabled veterans.

(B) Other disabled veterans.

(C) Other eligible veterans in accordance with priorities

determined by the Secretary taking into account applicable rates

of unemployment and the employment emphases set forth in chapter

42 of this title.

(2) In the provision of services in accordance with this

subsection, maximum emphasis in meeting the employment needs of

veterans shall be placed on assisting economically or educationally

disadvantaged veterans.

(b) Requirement for Qualified Veterans. - A State shall, to the

maximum extent practicable, employ qualified veterans to carry out

the services referred to in subsection (a). Preference shall be

given in the appointment of such specialists to qualified disabled

veterans.

-SOURCE-

(Added Pub. L. 96-466, title V, Sec. 506(a), Oct. 17, 1980, 94

Stat. 2204, Sec. 2003A; amended Pub. L. 97-306, title III, Sec.

305, Oct. 14, 1982, 96 Stat. 1439; Pub. L. 100-323, Secs. 2(e)(1),

7(b), 15(c)(1), May 20, 1988, 102 Stat. 559, 565, 574; Pub. L.

101-237, title IV, Sec. 423(b)(8), Dec. 18, 1989, 103 Stat. 2093;

renumbered Sec. 4103A and amended Pub. L. 102-83, Secs. 2(c)(4),

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 402, 406; Pub. L. 102-568,

title V, Secs. 501, 503, Oct. 29, 1992, 106 Stat. 4340; Pub. L.

103-446, title VII, Sec. 701(b), Nov. 2, 1994, 108 Stat. 4674; Pub.

L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(29)(B),

(f)(21)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-424, 2681-432;

Pub. L. 105-368, title X, Sec. 1004(a), Nov. 11, 1998, 112 Stat.

3364; Pub. L. 107-95, Sec. 9(a), Dec. 21, 2001, 115 Stat. 920; Pub.

L. 107-288, Sec. 4(b)(1), Nov. 7, 2002, 116 Stat. 2043.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-288 amended section generally, substituting

subsecs. (a) and (b) for former subsecs. (a) to (c) relating to

appointment, services and stationing, and functions of disabled

veterans' outreach program specialists.

2001 - Subsec. (c)(11). Pub. L. 107-95 added par. (11).

1998 - Subsec. (a)(1). Pub. L. 105-368, in first sentence,

substituted "for each 7,400 veterans who are between the ages of 20

and 64 residing in such State." for "for each 6,900 veterans

residing in such State who are either veterans of the Vietnam era,

veterans who first entered on active duty as a member of the Armed

Forces after May 7, 1975, or disabled veterans.", in third

sentence, struck out "of the Vietnam era" after "disabled

veterans", and struck out after third sentence "If the Secretary

finds that a qualified disabled veteran of the Vietnam era is not

available for any such appointment, preference for such appointment

shall be given to other qualified disabled veterans."

Subsec. (c)(4). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.

405(f)(21)(B)], struck out "part C of title IV of the Job Training

Partnership Act and" after "training programs including".

Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(29)(B)],

substituted "including part C of title IV of the Job Training

Partnership Act and title I of the Workforce Investment Act of

1998" for "(including part C of title IV of the Job Training

Partnership Act (29 U.S.C. 1501 et seq.))".

1994 - Subsec. (a)(1). Pub. L. 103-446 substituted "rates

comparable to those paid other professionals performing essentially

similar duties" for "a rate not less than the rate prescribed for

an entry level professional".

1992 - Subsec. (a)(1). Pub. L. 102-568, Sec. 501, substituted

"specialist for each 6,900 veterans residing in such State who are

either veterans of the Vietnam era, veterans who first entered on

active duty as a member of the Armed Forces after May 7, 1975, or

disabled veterans." for "specialist for each 5,300 veterans of the

Vietnam era and disabled veterans residing in such State."

Subsec. (b)(1)(A). Pub. L. 102-568, Sec. 503, amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows:

"Services to disabled veterans of the Vietnam era who are

participating in or have completed a program of vocational

rehabilitation under chapter 31 of this title."

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 2003A of

this title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted

"4102A(b)(5)(A)(i)" for "2002A(b)(5)(A)(i)" in par. (1) and "4104"

for "2004" in par. (2).

Subsec. (b)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted "4103"

for "2003" and "1712A" for "612A".

Pub. L. 102-83, Sec. 2(c)(4), substituted "7723" for "242".

Subsec. (c)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted "3687"

for "1787".

1989 - Subsecs. (b)(2), (c)(2), (3), (8). Pub. L. 101-237

substituted "Secretary of Veterans Affairs" and "Department of

Veterans Affairs" for "Administrator" and "Veterans'

Administration", respectively, wherever appearing.

1988 - Subsec. (a)(1). Pub. L. 100-323, Sec. 2(e)(1)(A)(i), (ii),

redesignated par. (2) as (1), substituted "The amount of funds made

available for use in a State under section 2002A(b)(5)(A)(i) of

this title shall be sufficient to support the appointment of one

disabled veterans' outreach program specialist for each 5,300

veterans of the Vietnam era and disabled veterans residing in such

State." for "Funds provided for use in a State under this

subsection shall be sufficient to support the appointment of one

disabled veterans' outreach program specialist for each 5,300

veterans of the Vietnam era and disabled veterans residing in such

State.", inserted "qualified" before "veteran" in second sentence,

inserted "qualified" before "disabled" wherever appearing in third,

fourth, and fifth sentences, inserted "qualified" after "any" in

fifth sentence, and struck out former par. (1) which read as

follows: "The Secretary of Labor, acting through the Assistant

Secretary for Veterans' Employment, shall make available for use in

each State, directly or by grant or contract, such funds as may be

necessary to support a disabled veterans' outreach program designed

to meet the employment needs of veterans, especially disabled

veterans of the Vietnam era."

Subsec. (a)(2). Pub. L. 100-323, Sec. 2(e)(1)(A)(i), (iii),

redesignated par. (4) as (2) and struck out "paragraph (2) of"

after "appointed pursuant to". Former par. (2) redesignated (1).

Subsec. (a)(3). Pub. L. 100-323, Sec. 2(e)(1)(A)(i), struck out

par. (3) which read as follows: "The Secretary, acting through the

Assistant Secretary of Labor for Veterans' Employment, shall also

make available for use in the States such funds, in addition to

those made available to carry out paragraphs (1) and (2) of this

subsection, as may be necessary to support the reasonable expenses

of such specialists for training, travel, supplies, and fringe

benefits."

Subsec. (a)(4). Pub. L. 100-323, Sec. 2(e)(1)(A)(i), redesignated

par. (4) as (2).

Subsec. (a)(5). Pub. L. 100-323, Sec. 2(e)(1)(A)(i), struck out

par. (5) which read as follows: "The distribution and use of funds

provided for use in States under this section shall be subject to

the continuing supervision and monitoring of the Assistant

Secretary for Veterans' Employment and shall not be governed by the

provisions of any other law, or any regulations prescribed

thereunder, that are inconsistent with this section."

Subsec. (b)(2). Pub. L. 100-323, Sec. 15(c)(1), substituted

"Director for Veterans' Employment and Training" for "State

Director for Veterans' Employment".

Subsec. (c)(4). Pub. L. 100-323, Sec. 7(b)(1), inserted

"(including part C of title IV of the Job Training Partnership Act

(29 U.S.C. 1501 et seq.))" after "programs".

Subsec. (c)(6). Pub. L. 100-323, Sec. 7(b)(2), inserted

"(including the program conducted under the Veterans' Job Training

Act (Public Law 98-77; 29 U.S.C. 1721 note))" after "programs".

Subsec. (c)(9), (10). Pub. L. 100-323, Sec. 7(b)(3), added pars.

(9) and (10).

Subsec. (d). Pub. L. 100-323, Sec. 2(e)(1)(B), struck out subsec.

(d) which read as follows: "The Secretary of Labor shall administer

the program provided for by this section through the Assistant

Secretary of Labor for Veterans' Employment. The Secretary shall

monitor the appointment of disabled veterans' outreach program

specialists to ensure compliance with the provisions of subsection

(a)(2) of this section with respect to the employment of such

specialists."

1982 - Subsec. (a)(1). Pub. L. 97-306, Sec. 305(a)(1), (3),

inserted ", acting through the Assistant Secretary for Veterans'

Employment," after "Secretary of Labor", and substituted "available

for use in" for "available to".

Subsec. (a)(2). Pub. L. 97-306, Sec. 305(a)(4), substituted

"provided for use in" for "provided to".

Subsec. (a)(3). Pub. L. 97-306, Sec. 305(a)(2), (3), inserted ",

acting through the Assistant Secretary of Labor for Veterans'

Employment," after "Secretary", and substituted "available for use

in" for "available to".

Subsec. (a)(5). Pub. L. 97-306, Sec. 305(a)(5), added par. (5).

Subsec. (b)(2). Pub. L. 97-306, Sec. 305(b), inserted provision

relating to waiver of the limitation on stationing at local

employment service offices of disabled veterans' outreach program

specialists and substituted "section 612A" for "section 621A".

Subsec. (c)(4). Pub. L. 97-306, Sec. 305(c)(1), substituted

"appropriate grantees under other Federal and federally funded

employment and training programs" for "prime sponsors under the

Comprehensive Employment and Training Act".

Subsec. (c)(8). Pub. L. 97-306, Sec. 305(c)(2), added par. (8).

Subsecs. (d), (e). Pub. L. 97-306, Sec. 305(d), redesignated

subsec. (e) as (d) and inserted provision that the Secretary shall

monitor the appointment of disabled veterans' outreach program

specialists to ensure compliance with the provisions of subsec.

(a)(2) of this section with respect to the employment of such

specialists. Former subsec. (d), which provided that persons

serving as staff in the disabled veterans outreach program

conducted under title III of the Comprehensive Employment and

Training Act on the date of enactment of this section would be

appointed as disabled veterans' outreach program specialists in the

State in which such individual was so serving, unless the Secretary

for good cause shown determined that such individual was not

qualified for such appointment, was struck out.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-288, Sec. 4(b)(3), Nov. 7, 2002, 116 Stat. 2044,

provided that: "The amendments made by this subsection [amending

this section and section 4104 of this title] shall take effect on

the date of the enactment of this Act [Nov. 7, 2002], and apply for

program years under chapter 41 of title 38, United States Code,

beginning on or after such date."

EFFECTIVE DATE OF 1998 AMENDMENTS

Pub. L. 105-368, title X, Sec. 1004(b), Nov. 11, 1998, 112 Stat.

3364, provided that: "The amendments made by this section [amending

this section] shall apply with respect to appointments of disabled

veterans' outreach program specialists under section 4103A of title

38, United States Code, on or after the date of the enactment of

this Act [Nov. 11, 1998]."

Amendment by section 101(f) [title VIII, Sec. 405(d)(29)(B)] of

Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section

101(f) [title VIII, Sec. 405(f)(21)(B)] of Pub. L. 105-277

effective July 1, 2000, see section 101(f) [title VIII, Sec.

405(g)(1), (2)(B)] of Pub. 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 sections 2(e)(1)(B) and 15(c)(1) of Pub. L. 100-323

effective May 20, 1988, amendment by section 2(e)(1)(A) of Pub. L.

100-323 effective for all of fiscal year 1988 and subsequent fiscal

years, and amendment by section 7(b) of Pub. L. 100-323 effective

on 60th day after May 20, 1988, see section 16(a), (b)(1)(B), (2)

of Pub. L. 100-323, set out as a note under section 3104 of this

title.

EFFECTIVE DATE

Section effective Oct. 1, 1980, see section 802(e) of Pub. L.

96-466, set out as an Effective Date of 1980 Amendment note under

section 4101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3672, 4102A of this

title; title 29 section 2913.

-End-

-CITE-

38 USC Sec. 4104 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4104. Local veterans' employment representatives

-STATUTE-

(a) Requirement for Employment by States of a Sufficient Number

of Representatives. - Subject to approval by the Secretary, a State

shall employ such full- and part-time local veterans' employment

representatives as the State determines appropriate and efficient

to carry out employment, training, and placement services under

this chapter.

(b) Principal Duties. - As principal duties, local veterans'

employment representatives shall -

(1) conduct outreach to employers in the area to assist

veterans in gaining employment, including conducting seminars for

employers and, in conjunction with employers, conducting job

search workshops and establishing job search groups; and

(2) facilitate employment, training, and placement services

furnished to veterans in a State under the applicable State

employment service delivery systems.

(c) Requirement for Qualified Veterans and Eligible Persons. - A

State shall, to the maximum extent practicable, employ qualified

veterans or eligible persons to carry out the services referred to

in subsection (a). Preference shall be accorded in the following

order:

(1) To qualified service-connected disabled veterans.

(2) If no veteran described in paragraph (1) is available, to

qualified eligible veterans.

(3) If no veteran described in paragraph (1) or (2) is

available, then to qualified eligible persons.

(d) Reporting. - Each local veterans' employment representative

shall be administratively responsible to the manager of the

employment service delivery system and shall provide reports, not

less frequently than quarterly, to the manager of such office and

to the Director for Veterans' Employment and Training for the State

regarding compliance with Federal law and regulations with respect

to special services and priorities for eligible veterans and

eligible persons.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1219, Sec. 2013;

renumbered Sec. 2004, Pub. L. 87-675, Sec. 1(a), Sept. 19, 1962, 76

Stat. 558; amended Pub. L. 89-358, Sec. 6(c)(1), Mar. 3, 1966, 80

Stat. 27; Pub. L. 92-540, title V, Sec. 502(a), Oct. 24, 1972, 86

Stat. 1095; Pub. L. 94-502, title VI, Sec. 606(2), Oct. 15, 1976,

90 Stat. 2405; Pub. L. 100-323, Sec. 3(a), May 20, 1988, 102 Stat.

560; Pub. L. 101-237, title IV, Sec. 423(b)(8)(B), Dec. 18, 1989,

103 Stat. 2093; Pub. L. 102-16, Sec. 10(a)(8), Mar. 22, 1991, 105

Stat. 56; renumbered Sec. 4104 and amended Pub. L. 102-83, Sec.

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107-14, Sec.

8(a)(10), June 5, 2001, 115 Stat. 35; Pub. L. 107-95, Sec. 9(b),

Dec. 21, 2001, 115 Stat. 920; Pub. L. 107-288, Sec. 4(b)(2), Nov.

7, 2002, 116 Stat. 2043.)

-MISC1-

PRIOR PROVISIONS

Prior section 4104, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1244;

Pub. L. 89-785, title I, Sec. 104, Nov. 7, 1966, 80 Stat. 1369;

Pub. L. 94-123, Sec. 5(a), Oct. 22, 1975, 89 Stat. 675; Pub. L.

94-581, title I, Sec. 110(3), title II, Secs. 209(a)(1), (2),

210(c)(3), Oct. 21, 1976, 90 Stat. 2848, 2860, 2863; Pub. L.

96-151, title III, Sec. 302(a), Dec. 20, 1979, 93 Stat. 1096; Pub.

L. 98-160, title II, Sec. 201, Nov. 21, 1983, 97 Stat. 1000; Pub.

L. 98-528, title I, Sec. 108, Oct. 19, 1984, 98 Stat. 2690; Pub. L.

100-322, title II, Sec. 211(a), May 20, 1988, 102 Stat. 513; Pub.

L. 101-366, title I, Sec. 102(a), Aug. 15, 1990, 104 Stat. 430,

related to appointment of additional personnel for medical care of

veterans, prior to repeal by Pub. L. 102-40, title IV, Sec.

401(a)(3), May 7, 1991, 105 Stat. 210. See section 7401 of this

title.

Provisions similar to those comprising this section were

contained in former section 2003 of this title prior to the

amendment of this chapter by Pub. L. 92-540.

AMENDMENTS

2002 - Pub. L. 107-288 amended text generally, substituting

subsecs. (a) to (d) for former subsecs. (a) to (c) relating to

appointment, functions, and reporting requirements of local

veterans' employment representatives.

2001 - Subsec. (a)(1). Pub. L. 107-14, Sec. 8(a)(10)(A)(i),

substituted "For any fiscal year," for "Beginning with fiscal year

1988," in introductory provisions.

Subsec. (a)(1)(B). Pub. L. 107-14, Sec. 8(a)(10)(A)(ii),

substituted "subparagraph (A)" for "clause (A)".

Subsec. (a)(1)(C). Pub. L. 107-14, Sec. 8(a)(10)(A)(iii),

substituted "subparagraphs (A) and (B)" for "clauses (A) and (B)".

Subsec. (a)(4). Pub. L. 107-14, Sec. 8(a)(10)(B), struck out "on

or after July 1, 1988" after "local veterans' employment

representatives".

Subsec. (b). Pub. L. 107-14, Sec. 8(a)(10)(C)(i), substituted

"shall perform the following functions:" for "shall - " in

introductory provisions.

Subsec. (b)(1) to (10). Pub. L. 107-14, Sec. 8(a)(10)(C)(ii),

(iii), capitalized the first letter of the first word and

substituted a period for the semicolon at end.

Subsec. (b)(11). Pub. L. 107-95, Sec. 9(b)(1), which directed

that "and" be struck out at end, could not be executed because of

the intervening amendment by Pub. L. 107-14, Sec. 8(a)(10)(C)(iv).

See below.

Pub. L. 107-14, Sec. 8(a)(10)(C)(ii), (iv), capitalized the first

letter of the first word and substituted a period for "; and" at

end.

Subsec. (b)(12). Pub. L. 107-95, Sec. 9(b)(2), substituted ";

and" for period at end.

Pub. L. 107-14, Sec. 8(a)(10)(C)(ii), capitalized the first

letter of the first word.

Subsec. (b)(13). Pub. L. 107-95, Sec. 9(b)(3), added par. (13).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 2004 of this

title as this section.

Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted

"4102A(b)(5)(A)(ii)" for "2002A(b)(5)(A)(ii)" in introductory

provisions.

Pub. L. 102-16, Sec. 10(a)(8)(A), (B), substituted "appointment"

for "assignment" in two places in introductory provisions and in

subpar. (C).

Subsec. (a)(4). Pub. L. 102-16, Sec. 10(a)(8)(C), substituted

"appointment" for "assigning".

Subsec. (b)(6). Pub. L. 102-83, Sec. 5(c)(1), substituted "4212"

for "2012".

Subsec. (b)(10). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1712A" for "612A".

Subsec. (d). Pub. L. 102-16, Sec. 10(a)(8)(D), struck out subsec.

(d) which read as follows: "Local veterans' employment

representatives shall be assigned, in accordance with this section,

by the administrative head of the employment service in each State

after consultation with the Director for Veterans' Employment and

Training."

1989 - Subsec. (b)(7). Pub. L. 101-237 substituted "Department of

Veterans Affairs" for "Veterans' Administration".

1988 - Pub. L. 100-323 substituted "Local veterans' employment

representatives" for "Employees of local offices" as section

catchline and amended section generally. Prior to amendment,

section read as follows: "Except as may be determined by the

Secretary of Labor based on a demonstrated lack of need for such

services, there shall be assigned by the administrative head of the

employment service in each State one or more employees, preferably

eligible veterans or eligible persons, on the staffs of local

employment service offices, whose services shall be fully devoted

to discharging the duties prescribed for the veterans' employment

representative and such representative's assistants."

1976 - Pub. L. 94-502 substituted "eligible veterans or eligible

persons" for "eligible veterans" and "such representative's" for

"his".

1972 - Pub. L. 92-540 substituted provisions relating to the

assignment of employees of local offices for provisions relating to

the cooperation of other Federal agencies. See section 2005 of this

title.

1966 - Pub. L. 89-358 inserted "or of service after January 31,

1955" after "veterans of any war".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-288 effective Nov. 7, 2002, and

applicable for program years under this chapter beginning on or

after such date, see section 4(b)(3) of Pub. L. 107-288, set out as

a note under section 4103A of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-323 effective May 20, 1988, except that

subsec. (a)(1) to (3) effective for all of fiscal year 1988 and

subsequent fiscal years, see section 16(a), (b)(1)(C) of Pub. L.

100-323, set out as a note under section 3104 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Dec. 1, 1976, see section

703(c) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-540 effective 90 days after Oct. 24,

1972, see section 601(b) of Pub. L. 92-540, set out as a note under

section 4101 of this title.

PILOT PROGRAM TO INTEGRATE AND STREAMLINE FUNCTIONS OF LOCAL

VETERANS' EMPLOYMENT REPRESENTATIVES

Pub. L. 104-275, title III, Sec. 303, Oct. 9, 1996, 110 Stat.

3332, as amended by Pub. L. 105-368, title X, Sec. 1005(c)(1), Nov.

11, 1998, 112 Stat. 3366, provided that:

"(a) Authority To Conduct Pilot Program. - In order to assess the

effects on the timeliness and quality of services to veterans

resulting from re-focusing the staff resources of local veterans'

employment representatives, the Secretary of Labor may conduct a

pilot program under which the primary responsibilities of local

veterans' employment representatives will be case management and

the provision and facilitation of direct employment and training

services to veterans.

"(b) Authorities Under Chapter 41. - To implement the pilot

program, the Secretary of Labor may suspend or limit application of

those provisions of chapter 41 of title 38, United States Code

(other than subsections (b)(1) and (c) of section 4104) that

pertain to the Local Veterans' Employment Representative Program in

States designated by the Secretary under subsection (d), except

that the Secretary may use the authority of such chapter, as the

Secretary may determine, in conjunction with the authority of this

section, to carry out the pilot program. The Secretary may collect

such data as the Secretary considers necessary for assessment of

the pilot program. The Secretary shall measure and evaluate on a

continuing basis the effectiveness of the pilot program in

achieving its stated goals in general, and in achieving such goals

in relation to their cost, their effect on related programs, and

their structure and mechanisms for delivery of services.

"(c) Targeted Veterans. - Within the pilot program, eligible

veterans who are among groups most in need of intensive services,

including disabled veterans, economically disadvantaged veterans,

and veterans separated within the previous four years from active

military, naval, or air service shall be given priority for service

by local veterans' employment representatives. Priority for the

provision of service shall be given first to disabled veterans and

then to the other categories of veterans most in need of intensive

services in accordance with priorities determined by the Secretary

of Labor in consultation with appropriate State labor authorities.

"(d) States Designated. - The pilot program shall be limited to

not more than five States to be designated by the Secretary of

Labor.

"(e) Reports to Congress. - (1) Not later than one year after the

date of the enactment of this Act [Oct. 9, 1996], the Secretary of

Labor shall submit to the Committees on Veterans' Affairs of the

Senate and the House of Representatives an interim report

describing in detail the development and implementation of the

pilot program on a State by State basis.

"(2) Not later than 120 days after the expiration of this section

under subsection (h), the Secretary of Labor shall submit to the

Committees on Veterans' Affairs of the Senate and the House of

Representatives a final report evaluating the results of the pilot

program and make recommendations based on the evaluation, which may

include legislative recommendations.

"(f) Definitions. - For the purposes of this section:

"(1) The term 'veteran' has the meaning given such term by

section 101(2) of title 38, United States Code.

"(2) The term 'disabled veteran' has the meaning given such

term by section 4211(3) of such title.

"(3) The term 'active military, naval, or air service' has the

meaning given such term by section 101(24) of such title.

"(g) Allocation of Funds. - Any amount otherwise available for

fiscal year 1997, 1998, or 1999 to carry out section 4102A(b)(5) of

title 38, United States Code, with respect to a State designated by

the Secretary of Labor pursuant to subsection (d) shall be

available to carry out the pilot program during that fiscal year

with respect to that State.

"(h) Expiration Date. - The authority to carry out the pilot

program under this section shall expire on October 1, 1999."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4102A of this title; title

5 section 5948.

-End-

-CITE-

38 USC Sec. 4104A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

[Sec. 4104A. Repealed. Pub. L. 107-288, Sec. 4(a)(3)(A)(i), Nov. 7,

2002, 116 Stat. 2042]

-MISC1-

Section, added Pub. L. 100-323, Sec. 4(a)(1), May 20, 1988, 102

Stat. 562, Sec. 2004A; renumbered Sec. 4104A and amended Pub. L.

102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406, related to

performance of disabled veterans' outreach program specialists and

local veterans' employment representatives.

EFFECTIVE DATE OF REPEAL

Repeal effective Nov. 7, 2002, and applicable for program and

fiscal years under this chapter beginning on or after such date,

see section 4(a)(4) of Pub. L. 107-288, set out as an Effective

Date of 2002 Amendment note under section 4102A of this title.

-End-

-CITE-

38 USC Sec. 4105 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4105. Cooperation of Federal agencies

-STATUTE-

(a) All Federal agencies shall furnish the Secretary such

records, statistics, or information as the Secretary may deem

necessary or appropriate in administering the provisions of this

chapter, and shall otherwise cooperate with the Secretary in

providing continuous employment and training opportunities for

eligible veterans and eligible persons.

(b) For the purpose of assisting the Secretary and the Secretary

of Veterans Affairs in identifying employers with potential job

training opportunities under the Veterans' Job Training Act (Public

Law 98-77; 29 U.S.C. 1721 note) (!1) and otherwise in order to

carry out this chapter, the Secretary of Defense shall provide, not

more than 30 days after the date of the enactment of this

subsection, the Secretary and the Secretary of Veterans Affairs

with any list maintained by the Secretary of Defense of employers

participating in the National Committee for Employer Support of the

Guard and Reserve and shall provide, on the 15th day of each month

thereafter, updated information regarding the list.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1219, Sec. 2014;

renumbered Sec. 2005 and amended Pub. L. 87-675, Sec. 1(a), (c),

Sept. 19, 1962, 76 Stat. 558, 559; Pub. L. 92-540, title V, Sec.

502(a), Oct. 24, 1972, 86 Stat. 1095; Pub. L. 93-508, title IV,

Sec. 401(d), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94-502, title VI,

Sec. 606(3), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100-323, Secs.

6(a), 15(a)(2), May 20, 1988, 102 Stat. 564, 574; Pub. L. 101-237,

title IV, Sec. 423(b)(8)(A), Dec. 18, 1989, 103 Stat. 2093;

renumbered Sec. 4105, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105

Stat. 406.)

-REFTEXT-

REFERENCES IN TEXT

The Veterans' Job Training Act, referred to in subsec. (b), is

Pub. L. 98-77, Aug. 15, 1983, 97 Stat. 443, as amended, which is

set out as a note under section 2913 of Title 29, Labor. For

complete classification of this Act to the Code, see Tables.

The date of the enactment of this subsection, referred to in

subsec. (b), is the date of enactment of Pub. L. 100-323, which was

approved May 20, 1988.

-MISC1-

PRIOR PROVISIONS

Prior section 4105, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1244;

Pub. L. 87-574, Sec. 4(1), Aug. 6, 1962, 76 Stat. 308; Pub. L.

89-785, title I, Sec. 105, Nov. 7, 1966, 80 Stat. 1369; Pub. L.

94-123, Sec. 5(b), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94-581,

title I, Sec. 110(4), title II, Secs. 205(e), 209(a)(1), (2), (4),

(c)(2), Oct. 21, 1976, 90 Stat. 2848, 2859, 2860, 2861; Pub. L.

95-201, Sec. 4(a)(1), Nov. 23, 1977, 91 Stat. 1430; Pub. L. 96-151,

title III, Sec. 302(b), Dec. 20, 1979, 93 Stat. 1096; Pub. L.

97-295, Sec. 4(81), Oct. 12, 1982, 96 Stat. 1311; Pub. L. 98-160,

title II, Sec. 202, Nov. 21, 1983, 97 Stat. 1000, related to

qualifications of appointees to positions in Department of Medicine

and Surgery, prior to repeal by Pub. L. 102-40, title IV, Sec.

401(a)(3), May 7, 1991, 105 Stat. 210. See section 7402 of this

title.

Provisions similar to those comprising this section were

contained in former section 2004 of this title prior to the

amendment of this chapter by Pub. L. 92-540.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 2005 of this title as

this section.

1989 - Subsec. (b). Pub. L. 101-237 substituted "Secretary of

Veterans Affairs" for "Administrator" wherever appearing.

1988 - Subsec. (a). Pub. L. 100-323, Sec. 15(a)(2), struck out

"of Labor" after "furnish the Secretary".

Pub. L. 100-323, Sec. 6(a)(1), designated existing provisions as

subsec. (a).

Subsec. (b). Pub. L. 100-323, Sec. 6(a)(2), added subsec. (b).

1976 - Pub. L. 94-502 substituted "the Secretary may deem" for

"he may deem".

1974 - Pub. L. 93-508 substituted "eligible veterans and eligible

persons" for "eligible veterans".

1972 - Pub. L. 92-540 substituted provisions relating to the

cooperation of other Federal agencies for provisions relating to

the estimation of funds for administration. See section 2006 of

this title.

1962 - Pub. L. 87-675 substituted "chapter" for "subchapter"

after "administration of this".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 6(a) of Pub. L. 100-323 effective on 60th

day after May 20, 1988, and amendment by section 15(a)(2) of Pub.

L. 100-323 effective May 20, 1988, see section 16(a), (b)(2) of

Pub. L. 100-323, set out as a note under section 3104 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Dec. 1, 1976, see section

703(c) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section

503 of Pub. L. 93-508, set out as a note under section 3452 of this

title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-540 effective 90 days after Oct. 24,

1972, see section 601(b) of Pub. L. 92-540, set out as a note under

section 4101 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

38 USC Sec. 4106 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4106. Estimate of funds for administration; authorization of

appropriations

-STATUTE-

(a) The Secretary shall estimate the funds necessary for the

proper and efficient administration of this chapter and chapters 42

and 43 of this title. Such estimated sums shall include the annual

amounts necessary for salaries, rents, printing and binding,

travel, and communications. Sums thus estimated shall be included

as a special item in the annual budget for the Department of Labor.

Estimated funds necessary for proper intensive services, placement,

and training services to eligible veterans and eligible persons

provided by the various State public employment service agencies

shall each be separately identified in the budgets of those

agencies as approved by the Department of Labor. Funds estimated

pursuant to the first sentence of this subsection shall include

amounts necessary in all of the States for the purposes specified

in paragraph (5) of section 4102A(b) of this title and to fund the

National Veterans' Employment and Training Services Institute under

section 4109 of this title and shall be approved by the Secretary

only if the level of funding proposed is in compliance with such

sections. Each budget submission with respect to such funds shall

include a separate listing of the amount for the National Veterans'

Employment and Training Services Institute together with

information demonstrating the compliance of such budget submission

with the funding requirements specified in the preceding sentence.

(b) There are authorized to be appropriated such sums as may be

necessary for the proper and efficient administration of this

chapter.

(c) In the event that the regular appropriations Act making

appropriations for administrative expenses for the Department of

Labor with respect to any fiscal year does not specify an amount

for the purposes specified in subsection (b) of this section for

that fiscal year, then of the amounts appropriated in such Act

there shall be available only for the purposes specified in

subsection (b) of this section such amount as was set forth in the

budget estimate submitted pursuant to subsection (a) of this

section.

(d) Any funds made available pursuant to subsections (b) and (c)

of this section shall not be available for any purpose other than

those specified in such subsections.

-SOURCE-

(Added Pub. L. 92-540, title V, Sec. 502(a), Oct. 24, 1972, 86

Stat. 1096, Sec. 2006; amended Pub. L. 93-508, title IV, Sec.

401(e), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94-502, title VI, Sec.

603, Oct. 15, 1976, 90 Stat. 2404; Pub. L. 97-306, title III, Sec.

306, Oct. 14, 1982, 96 Stat. 1440; Pub. L. 100-323, Secs. 2(b),

(c), (e)(2), 15(a)(2), May 20, 1988, 102 Stat. 558, 559, 574;

renumbered Sec. 4106 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; Pub. L. 107-288, Secs. 4(d)(1),

5(a)(1)(C), Nov. 7, 2002, 116 Stat. 2044.)

-MISC1-

PRIOR PROVISIONS

Prior section 4106, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1245;

Pub. L. 89-785, title I, Sec. 106, Nov. 7, 1966, 80 Stat. 1369;

Pub. L. 94-123, Sec. 5(c), Oct. 22, 1975, 89 Stat. 675; Pub. L.

94-581, title I, Sec. 110(5), title II, Sec. 209(a)(1), (b)(1),

Oct. 21, 1976, 90 Stat. 2848, 2860, 2861; Pub. L. 96-151, title

III, Sec. 303, Dec. 20, 1979, 93 Stat. 1096; Pub. L. 98-160, title

II, Sec. 203(a), Nov. 21, 1983, 97 Stat. 1000; Pub. L. 99-576,

title VII, Sec. 701(86), Oct. 28, 1986, 100 Stat. 3298; Pub. L.

100-322, title II, Sec. 221, May 20, 1988, 102 Stat. 531; Pub. L.

101-237, title II, Sec. 203, Dec. 18, 1989, 103 Stat. 2067, related

to period of appointment and promotions of persons appointed to

Department of Medicine and Surgery, prior to repeal by Pub. L.

102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 210. See

section 7403 of this title.

Provisions similar to those comprising this section were

contained in former section 2005 of this title prior to the

amendment of this chapter by Pub. L. 92-540.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-288, Sec. 5(a)(1)(C), substituted

"proper intensive services" for "proper counseling".

Pub. L. 107-288, Sec. 4(d)(1), amended last sentence generally.

Prior to amendment, last sentence read as follows: "Each budget

submission with respect to such funds shall include separate

listings of the amount for the National Veterans' Employment and

Training Services Institute and of the proposed numbers, by State,

of disabled veterans' outreach program specialists appointed under

section 4103A of this title and local veterans' employment

representatives assigned under section 4104 of this title, together

with information demonstrating the compliance of such budget

submission with the funding requirements specified in the preceding

sentence."

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 2006 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "4102A(b)"

for "2002A(b)", "4109" for "2009", "4103A" for "2003A", and "4104"

for "2004".

1988 - Subsec. (a). Pub. L. 100-323, Sec. 15(a)(2), struck out

"of Labor" after "Secretary" in first and fifth sentences.

Pub. L. 100-323, Sec. 2(b), (e)(2), substituted "in all of the

States for the purposes specified in paragraph (5) of section

2002A(b) of this title and to fund the National Veterans'

Employment and Training Services Institute under section 2009" for

"to fund the disabled veterans' outreach program under section

2003A" and "with such sections" for "with such section" in fifth

sentence, inserted after fifth sentence "Each budget submission

with respect to such funds shall include separate listings of the

amount for the National Veterans' Employment and Training Services

Institute and of the proposed numbers, by State, of disabled

veterans' outreach program specialists appointed under section

2003A of this title and local veterans' employment representatives

assigned under section 2004 of this title, together with

information demonstrating the compliance of such budget submission

with the funding requirements specified in the preceding

sentence.", and struck out at end "Each budget submission with

respect to such funds shall include a separate listing of the

proposed number, by State, for disabled veterans outreach program

specialists appointed under such section. The Secretary shall carry

out this subsection through the Assistant Secretary for Veterans'

Employment."

Subsec. (d). Pub. L. 100-323, Sec. 2(c), struck out ", except

with the approval of the Secretary of Labor, upon the

recommendation of the Assistant Secretary of Labor for Veterans'

Employment, based on a demonstrated lack of need for such funds for

such purposes" after "in such subsections".

1982 - Subsec. (a). Pub. L. 97-306, Sec. 306(a), inserted "and

chapters 42 and 43 of this title" after "administration of this

chapter", and inserted provisions at end relating to the inclusion

in estimated necessary funds of amounts necessary to fund the

disabled veterans' outreach program, inclusion in budgets of the

proposed number for program specialists, and the carrying out of

this subsection through the Assistant Secretary for Veterans'

Employment.

Subsec. (d). Pub. L. 97-306, Sec. 306(b), inserted ", upon the

recommendation of the Assistant Secretary of Labor for Veterans'

Employment," after "Secretary of Labor".

1976 - Subsec. (a). Pub. L. 94-502 substituted "agencies shall

each be" for "agencies shall be".

1974 - Subsec. (a). Pub. L. 93-508 substituted "training services

to eligible veterans and eligible persons" for "training services

to veterans".

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-288, Sec. 4(d)(2), Nov. 7, 2002, 116 Stat. 2044,

provided that: "The amendment made by paragraph (1) [amending this

section] shall take effect on the date of the enactment of this Act

[Nov. 7, 2002], and apply to budget submissions for fiscal year

2004 and each subsequent fiscal year."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Dec. 1, 1976, see section

703(c) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section

503 of Pub. L. 93-508, set out as a note under section 3452 of this

title.

EFFECTIVE DATE

Section effective 90 days after Oct. 24, 1972, see section 601(b)

of Pub. L. 92-540, set out as an Effective Date of 1972 Amendment

note under section 4101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4107 of this title.

-End-

-CITE-

38 USC Sec. 4107 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4107. Administrative controls; annual report

-STATUTE-

(a) The Secretary shall establish administrative controls for the

following purposes:

(1) To insure that each eligible veteran, especially veterans

of the Vietnam era and disabled veterans, and each eligible

person who requests assistance under this chapter shall promptly

be placed in a satisfactory job or job training opportunity or

receive some other specific form of assistance designed to

enhance such veteran's and eligible person's employment prospects

substantially, such as individual job development or intensive

services.

(2) To determine whether or not the employment service agencies

in each State have committed the necessary staff to insure that

the provisions of this chapter are carried out; and to arrange

for necessary corrective action where staff resources have been

determined by the Secretary to be inadequate.

(b) The Secretary shall apply performance standards established

under section 4102A(f) of this title for determining compliance by

the State public employment service agencies with the provisions of

this chapter and chapter 42 of this title. Not later than February

1 of each year, the Secretary shall report to the Committees on

Veterans' Affairs of the Senate and the House of Representatives on

the performance of States and organizations and entities carrying

out employment, training, and placement services under this

chapter, as measured under subsection (b)(7) of section 4102A of

this title. In the case of a State that the Secretary determines

has not met the minimum standard of performance (established by the

Secretary under subsection (f) of such section), the Secretary

shall include an analysis of the extent and reasons for the State's

failure to meet that minimum standard, together with the State's

plan for corrective action during the succeeding year.

(c) Not later than February 1 of each year, the Secretary shall

report to the Committees on Veterans' Affairs of the Senate and the

House of Representatives on the success during the preceding

program year of the Department of Labor and its affiliated State

employment service agencies in carrying out the provisions of this

chapter and programs for the provision of employment and training

services to meet the needs of eligible veterans and eligible

persons. The report shall include -

(1) specification, by State and by age group, of the numbers of

eligible veterans, disabled veterans, special disabled veterans,

eligible persons, recently separated veterans (as defined in

section 4211(6) of this title), and servicemembers transitioning

to civilian careers who registered for assistance with, or who

are identified as veterans by, the public employment service

system and, for each of such categories, the numbers referred to

and placed in permanent and other jobs, the numbers referred to

and placed in jobs and job training programs supported by the

Federal Government, the number who received intensive services,

and the number who received some, and the number who received no,

reportable service;

(2) a comparison of the rate of entered employment (as

determined in a manner consistent with State performance measures

applicable under section 136(b) of the Workforce Investment Act

of 1998) for each of the categories of veterans and persons

described in clause (1) of this subsection with such rate of

entered employment (as so determined) for nonveterans of the same

age groups registered for assistance with the public employment

system in each State;

(3) any determination made by the Secretary during the

preceding fiscal year under section 4106 of this title or

subsection (a)(2) of this section and a statement of the reasons

for such determination;

(4) a report on activities carried out during the preceding

program year under section 4212(d) of this title;

(5) a report on the operation during the preceding program year

of programs for the provision of employment and training services

designed to meet the needs of eligible veterans and eligible

persons, including an evaluation of the effectiveness of such

programs during such program year in meeting the requirements of

section 4102A(b) of this title, the efficiency with which

services were provided through such programs during such year,

and such recommendations for further legislative action relating

to veterans' employment and training as the Secretary considers

appropriate; and

(6) a report on the operation during the preceding program year

of the program of performance incentive awards for quality

employment services under section 4112 of this title.

-SOURCE-

(Added Pub. L. 92-540, title V, Sec. 502(a), Oct. 24, 1972, 86

Stat. 1096, Sec. 2007; amended Pub. L. 93-508, title IV, Sec.

401(f), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94-502, title VI, Sec.

604, Oct. 15, 1976, 90 Stat. 2404; Pub. L. 95-202, title III, Sec.

309(b), Nov. 23, 1977, 91 Stat. 1446; Pub. L. 96-466, title V, Sec.

507, Oct. 17, 1980, 94 Stat. 2205; Pub. L. 97-306, title III, Sec.

307, Oct. 14, 1982, 96 Stat. 1440; Pub. L. 100-323, Secs. 2(d),

15(a)(2), May 20, 1988, 102 Stat. 558, 574; renumbered Sec. 4107

and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 406; Pub. L. 107-288, Secs. 4(a)(3)(B), (e)(1), 5(a)(1)(D),

(E), (d)(1), Nov. 7, 2002, 116 Stat. 2042, 2044, 2045.)

-REFTEXT-

REFERENCES IN TEXT

Section 136(b) of the Workforce Investment Act of 1998, referred

to in subsec. (c)(2), is classified to section 2871(b) of Title 29,

Labor.

-MISC1-

PRIOR PROVISIONS

Prior section 4107, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1245;

Pub. L. 86-568, title I, Sec. 114(f), July 1, 1960, 74 Stat. 301;

Pub. L. 87-793, Sec. 802, Oct. 11, 1962, 76 Stat. 860; Pub. L.

88-426, title I, Sec. 118, Aug. 14, 1964, 78 Stat. 410; Pub. L.

89-301, Sec. 7, Oct. 29, 1965, 79 Stat. 1117; Pub. L. 89-504, title

I, Sec. 105, July 18, 1966, 80 Stat. 291; Pub. L. 89-785, title I,

Sec. 107(a), Nov. 7, 1966, 80 Stat. 1370; Pub. L. 90-206, title II,

Sec. 208, Dec. 16, 1967, 81 Stat. 631; Pub. L. 91-496, Sec. 2, Oct.

22, 1970, 84 Stat. 1092; Pub. L. 93-82, title II, Sec. 203, Aug. 2,

1973, 87 Stat. 188; Pub. L. 94-123, Secs. 2(b), 5(d), Oct. 22,

1975, 89 Stat. 669, 675; Pub. L. 94-581, title I, Sec. 110(6),

title II, Secs. 209(a)(1), (2), (b)(2), (c)(3), 210(c)(4), Oct. 21,

1976, 90 Stat. 2848, 2860, 2861, 2863; Pub. L. 95-201, Sec.

5(a)(1), (2), Nov. 23, 1977, 91 Stat. 1432; Pub. L. 96-22, title V,

Sec. 504, June 13, 1979, 93 Stat. 65; Pub. L. 96-330, title I,

Secs. 105(c), 111, 112, Aug. 26, 1980, 94 Stat. 1036, 1037; Pub. L.

96-385, title V, Sec. 508(a), Oct. 7, 1980, 94 Stat. 1538; Pub. L.

97-251, Sec. 2(a)-(c), Sept. 8, 1982, 96 Stat. 711, 712; Pub. L.

97-295, Sec. 4(82), Oct. 12, 1982, 96 Stat. 1311; Pub. L. 98-160,

title II, Sec. 204, Nov. 21, 1983, 97 Stat. 1001; Pub. L. 98-528,

title I, Secs. 101(b), 109, Oct. 19, 1984, 98 Stat. 2688, 2691;

Pub. L. 99-576, title VII, Sec. 701(87), Oct. 28, 1986, 100 Stat.

3299; Pub. L. 100-322, title II, Secs. 211(b), 212(b), 213, 214(a),

(b), 217, May 20, 1988, 102 Stat. 514, 516, 530; Pub. L. 100-687,

div. B, title XV, Sec. 1506(b)(2), Nov. 18, 1988, 102 Stat. 4136;

Pub. L. 101-237, title II, Secs. 204, 205(a), Dec. 18, 1989, 103

Stat. 2067; Pub. L. 101-366, title I, Secs. 101(c), 102(c), 103,

Aug. 15, 1990, 104 Stat. 430, 436, 437, related to grades and pay

scales of positions in Department of Medicine and Surgery, prior to

repeal by Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991,

105 Stat. 210. See sections 7404, 7426, and 7453 to 7457 of this

title.

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-288, Sec. 5(a)(1)(D),

substituted "intensive services" for "employment counseling

services".

Subsec. (b). Pub. L. 107-288, Sec. 5(d)(1)(E), inserted second

and third sentences and struck out former second sentence which

read as follows: "A full report as to the extent and reasons for

any noncompliance by any such State agency during any fiscal year,

together with the agency's plan for corrective action during the

succeeding year, shall be included in the annual report of the

Secretary required by subsection (c) of this section."

Pub. L. 107-288, Sec. 4(a)(3)(B), substituted "The Secretary

shall apply performance standards established under section

4102A(f) of this title" for "The Secretary shall establish

definitive performance standards".

Subsec. (c)(1). Pub. L. 107-288, Sec. 5(d)(1)(A), struck out

"veterans of the Vietnam era," before "disabled veterans, special"

and substituted "eligible persons, recently separated veterans (as

defined in section 4211(6) of this title), and servicemembers

transitioning to civilian careers who registered for assistance

with, or who are identified as veterans by," for "and eligible

persons who registered for assistance with".

Pub. L. 107-288, Sec. 5(a)(1)(E), substituted "the number who

received intensive services" for "the number counseled".

Subsec. (c)(2). Pub. L. 107-288, Sec. 5(d)(1)(B), substituted

"the rate of entered employment (as determined in a manner

consistent with State performance measures applicable under section

136(b) of the Workforce Investment Act of 1998) for each of the

categories" for "the job placement rate for each of the categories"

and "such rate of entered employment (as so determined) for

nonveterans" for "the job placement rate for nonveterans".

Subsec. (c)(4). Pub. L. 107-288, Sec. 5(d)(1)(C), substituted

"section 4212(d)" for "sections 4103A and 4104".

Subsec. (c)(5). Pub. L. 107-288, Sec. 4(e)(1), struck out

"(including the need for any changes in the formulas governing the

appointment of disabled veterans' outreach program specialists

under section 4103A(a)(2) of this title and the assignment of local

veterans' employment representatives under section 4104(b) of this

title and the allocation of funds for the support of such

specialists and representatives)" after "further legislative

action".

Subsec. (c)(6). Pub. L. 107-288, Sec. 5(d)(1)(D), added par. (6).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 2007 of this

title as this section.

Subsec. (c)(3) to (5). Pub. L. 102-83, Sec. 5(c)(1), substituted

"4106" for "2006" in par. (3), "4103A and 4104" for "2003A and

2004" in par. (4), and "4102A(b)" for "2002A(b)", "4103A(a)(2)" for

"2003A(a)(2)", and "4104(b)" for "2004(b)" in par. (5).

1988 - Subsecs. (a), (b). Pub. L. 100-323, Sec. 15(a)(2), struck

out "of Labor" after "Secretary" in four places.

Subsec. (c). Pub. L. 100-323, Sec. 2(d), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "The

Secretary of Labor shall report annually to the Congress on the

success of the Department of Labor and its affiliated State

employment service agencies in carrying out the provisions of this

chapter. The report shall include, by State, specification of the

numbers of eligible veterans, veterans of the Vietnam era, disabled

veterans, special disabled veterans, and eligible persons who

registered for assistance with the public employment service system

and, of each of such categories, the number referred to jobs, the

number placed in permanent jobs as defined by the Secretary, the

number referred to and the number placed in employment and job

training programs supported by the Federal Government, the number

counseled, and the number who received some reportable service. The

report shall also include any determination by the Secretary under

section 2004, 2006, or 2007(a) of this title and a statement of the

reasons for such determination. The report shall also include a

report on activities carried out under section 2003A of this

title."

1982 - Subsec. (c). Pub. L. 97-306 inserted provision that the

report shall also include a report on activities carried out under

section 2003A of this title.

1980 - Subsec. (a)(1). Pub. L. 96-466, Sec. 507(1), substituted

"veterans of the Vietnam era and disabled veterans" for "those

veterans who have been recently discharged or released from active

duty".

Subsec. (c). Pub. L. 96-466, Sec. 507(2), substituted provisions

that the report include, by State, specification of the numbers of

eligible veterans, veterans of the Vietnam era, disabled veterans,

special disabled veterans, and eligible persons who registered for

assistance with the public employment service system and, of each

of such categories, the number referred to jobs, the number placed

in permanent jobs, the number referred to and the number placed in

employment and job training programs supported by the Federal

Government, the number counseled, and the number who received some

reportable service for provisions that the report include, by

State, the number of recently discharged or released eligible

veterans, veterans with service-connected disabilities, other

eligible veterans, and eligible persons who requested assistance

through the public employment service and, of these, the number

placed in suitable employment or job training opportunities or who

were otherwise assisted, with separate reference to occupational

training and public service employment under appropriate Federal

law.

1977 - Subsec. (c). Pub. L. 95-202 directed that "2004" be

substituted for "2001". Since subsec. (c) already contained a

reference to "2004" not "2001", the amendment has been carried as a

reenactment of subsec. (c) without change.

1976 - Subsec. (a)(1). Pub. L. 94-502, Sec. 604(1), substituted

"such veteran's and eligible person's" for "his".

Subsec. (c). Pub. L. 94-502, Sec. 604(2), (3), substituted

"occupational training and public service employment" for

"occupational training" and "section 2004, 2006, or 2007(a)" for

"section 2004 or 2006".

1974 - Subsec. (a)(1). Pub. L. 93-508, Sec. 401(f)(1),

substituted "active duty and each eligible person" for "active

duty".

Subsec. (b). Pub. L. 93-508, Sec. 401(f)(2), added subsec. (b)

and redesignated former subsec. (b) as (c).

Subsec. (c). Pub. L. 93-508, Sec. 401(f)(2), (3), redesignated

former subsec. (b) as (c) and substituted "other eligible veterans,

and eligible persons" for "and other eligible veterans".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by section 4(a)(3)(B) of Pub. L. 107-288 effective Nov.

7, 2002, and applicable for program and fiscal years under this

chapter beginning on or after such date, see section 4(a)(4) of

Pub. L. 107-288, set out as a note under section 4102A of this

title.

Pub. L. 107-288, Sec. 5(d)(2), Nov. 7, 2002, 116 Stat. 2046,

provided that: "The amendments made by paragraph (1) [amending this

section] shall apply to reports for program years beginning on or

after July 1, 2003."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section

802(e) of Pub. L. 96-466, set out as a note under section 4101 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-202 effective Nov. 23, 1977, see section

501 of Pub. L. 95-202, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Dec. 1, 1976, see section

703(c) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section

503 of Pub. L. 93-508, set out as a note under section 3452 of this

title.

EFFECTIVE DATE

Section effective 90 days after Oct. 24, 1972, see section 601(b)

of Pub. L. 92-540, set out as an Effective Date of 1972 Amendment

note under section 4101 of this title.

PUBLICATION OF LABOR-MARKET STATISTICS RELATING TO VETERANS WHO

SERVED IN VIETNAM THEATRE OF OPERATIONS

Section 513 of Pub. L. 96-466 provided that:

"(a) When the Commissioner of the Bureau of Labor Statistics

publishes annual labor-market statistics relating specifically to

veterans who served in the Armed Forces during the Vietnam era, the

Commissioner shall also publish separate labor-market statistics on

the same subject matter which apply only to veterans who served in

the Vietnam theatre of operations. When the Commissioner of the

Bureau of Labor Statistics publishes labor-market statistics which

relate specifically to veterans who served in the Armed Forces

during the Vietnam era in addition to those statistics published on

an annual basis to which the preceding sentence applies, the

Commissioner shall also, if feasible, publish separate labor-market

statistics on the same subject matter which apply only to veterans

who served in the Vietnam theatre of operations.

"(b) For the purposes of this section, veterans who during the

Vietnam era served in Vietnam, in air missions over Vietnam, or in

naval missions in the waters adjacent to Vietnam shall be

considered to be veterans who served in the Vietnam theatre of

operations."

Section 802(e) of Pub. L. 96-466 provided in part that the

provisions of section 513 shall become effective on Oct. 1, 1980.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4212, 4215 of this title.

-End-

-CITE-

38 USC Sec. 4108 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4108. Cooperation and coordination

-STATUTE-

(a) In carrying out the Secretary's responsibilities under this

chapter, the Secretary shall from time to time consult with the

Secretary of Veterans Affairs and keep the Secretary of Veterans

Affairs fully advised of activities carried out and all data

gathered pursuant to this chapter to insure maximum cooperation and

coordination between the Department of Labor and the Department of

Veterans Affairs.

(b) The Secretary of Veterans Affairs shall provide to

appropriate employment service offices and Department of Labor

offices, as designated by the Secretary, on a monthly or more

frequent basis, the name and address of each employer located in

the areas served by such offices that offer a program of job

training which has been approved by the Secretary of Veterans

Affairs under section 7 of the Veterans' Job Training Act (29

U.S.C. 1721 note).

-SOURCE-

(Added Pub. L. 92-540, title V, Sec. 502(a), Oct. 24, 1972, 86

Stat. 1097, Sec. 2008; amended Pub. L. 94-502, title VI, Sec.

606(4), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100-323, Secs.

6(b)(1), (2)(A), 15(a)(2), May 20, 1988, 102 Stat. 564, 574; Pub.

L. 101-237, title IV, Sec. 423(b)(8), Dec. 18, 1989, 103 Stat.

2093; renumbered Sec. 4108, Pub. L. 102-83, Sec. 5(a), Aug. 6,

1991, 105 Stat. 406.)

-REFTEXT-

REFERENCES IN TEXT

Section 7 of the Veterans' Job Training Act, referred to in

subsec. (b), is section 7 of Pub. L. 98-77, which is set out as a

note under section 1721 of Title 29, Labor.

-MISC1-

PRIOR PROVISIONS

Prior section 4108, added Pub. L. 93-82, title II, Sec. 204(a),

Aug. 2, 1973, 87 Stat. 190; amended Pub. L. 94-123, Sec. 5(e), Oct.

22, 1975, 89 Stat. 675; Pub. L. 94-581, title I, Sec. 110(7), title

II, Secs. 205(f), 209(a)(1), (2), (c)(4), 210(c)(5), Oct. 21, 1976,

90 Stat. 2849, 2859, 2860, 2862, 2864; Pub. L. 96-22, title V, Sec.

501, June 13, 1979, 93 Stat. 64; Pub. L. 96-330, title I, Sec.

113(a), Aug. 26, 1980, 94 Stat. 1038; Pub. L. 97-295, Sec. 4(83),

Oct. 12, 1982, 96 Stat. 1312; Pub. L. 101-237, title II, Sec.

206(a), Dec. 18, 1989, 103 Stat. 2067, related to personnel

administration, prior to repeal by Pub. L. 102-40, title IV, Sec.

401(a)(3), May 7, 1991, 105 Stat. 210. See sections 7402, 7421,

7423, and 7424 of this title.

Another prior section 4108, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1246; Pub. L. 86-568, title I, Sec. 114(g), July 1, 1960, 74

Stat. 301; Pub. L. 87-574, Sec. 3, Aug. 6, 1962, 76 Stat. 308; Pub.

L. 87-793, Sec. 803(a), Oct. 11, 1962, 76 Stat. 860, related to

administration, prior to repeal by section 204(a) of Pub. L. 93-82.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 2008 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary of Veterans

Affairs" and "Department of Veterans Affairs" for "Administrator"

and "Veterans' Administration", respectively, wherever appearing.

1988 - Pub. L. 100-323, Sec. 6(b)(2)(A), struck out "with the

Veterans' Administration" after "Cooperation and coordination" in

section catchline.

Subsec. (a). Pub. L. 100-323, Sec. 15(a)(2), struck out "of

Labor" after "Secretary".

Pub. L. 100-323, Sec. 6(b)(1)(A), designated existing provisions

as subsec. (a).

Subsec. (b). Pub. L. 100-323, Sec. 6(b)(1)(B), added subsec. (b).

1976 - Pub. L. 94-502 substituted "the Secretary's" for "his" and

"the Administrator fully advised" for "him fully advised".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 6(b)(1), (2)(A) of Pub. L. 100-323 effective

on 60th day after May 20, 1988, and amendment by section 15(a)(2)

of Pub. L. 100-323 effective May 20, 1988, see section 16(a),

(b)(2) of Pub. L. 100-323, set out as a note under section 3104 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Dec. 1, 1976, see section

703(c) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

EFFECTIVE DATE

Section effective 90 days after Oct. 24, 1972, see section 601(b)

of Pub. L. 92-540, set out as an Effective Date of 1972 Amendment

note under section 4101 of this title.

-End-

-CITE-

38 USC Sec. 4109 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4109. National Veterans' Employment and Training Services

Institute

-STATUTE-

(a) In order to provide for such training as the Secretary

considers necessary and appropriate for the efficient and effective

provision of employment, job-training, intensive services,

placement, job-search, and related services to veterans, the

Secretary shall establish and make available such funds as may be

necessary to operate a National Veterans' Employment and Training

Services Institute for the training of disabled veterans' outreach

program specialists, local veterans' employment representatives,

Directors for Veterans' Employment and Training, and Assistant

Directors for Veterans' Employment and Training, Regional

Administrators for Veterans' Employment and Training, and such

other personnel involved in the provision of employment,

job-training, intensive services, placement, or related services to

veterans as the Secretary considers appropriate, including travel

expenses and per diem for attendance at the Institute.

(b) In implementing this section, the Secretary shall, as the

Secretary considers appropriate, provide, out of program funds

designated for the Institute, training for Veterans' Employment and

Training Service personnel, including travel expenses and per diem

to attend the Institute.

(c)(1) Nothing in this section shall be construed as preventing

the Institute to enter into contracts or agreements with

departments or agencies of the United States or of a State, or with

other organizations, to carry out training of personnel of such

departments, agencies, or organizations in the provision of

services referred to in subsection (a).

(2) All proceeds collected by the Institute under a contract or

agreement referred to in paragraph (1) shall be applied to the

applicable appropriation.

-SOURCE-

(Added Pub. L. 97-306, title III, Sec. 308(a), Oct. 14, 1982, 96

Stat. 1440, Sec. 2009; amended Pub. L. 100-323, Sec. 8(a), May 20,

1988, 102 Stat. 566; renumbered Sec. 4109, Pub. L. 102-83, Sec.

5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107-288, Sec.

5(a)(1)(F), (e), Nov. 7, 2002, 116 Stat. 2044, 2046.)

-MISC1-

PRIOR PROVISIONS

Prior section 4109, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1246;

Pub. L. 93-82, title II, Sec. 205(a), Aug. 2, 1973, 87 Stat. 192;

Pub. L. 96-330, title I, Sec. 114, Aug. 26, 1980, 94 Stat. 1039;

Pub. L. 96-385, title V, Sec. 508(b), Oct. 7, 1980, 94 Stat. 1538;

Pub. L. 97-72, title IV, Sec. 402(a), Nov. 3, 1981, 95 Stat. 1062;

Pub. L. 97-295, Sec. 4(84), Oct. 12, 1982, 96 Stat. 1312; Pub. L.

99-272, title XV, Sec. 15204(b), Apr. 7, 1986, 100 Stat. 335; Pub.

L. 99-509, title VII, Sec. 7003(a), Oct. 21, 1986, 100 Stat. 1949,

related to retirement rights, prior to repeal by Pub. L. 102-40,

title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 210. See section

7426 of this title.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-288, Sec. 5(a)(1)(F), substituted

"intensive services," for "counseling," in two places.

Subsec. (c). Pub. L. 107-288, Sec. 5(e), added subsec. (c).

1991 - Pub. L. 102-83 renumbered section 2009 of this title as

this section.

1988 - Pub. L. 100-323 amended section generally, substituting

provisions relating to a National Veterans' Employment and Training

Services Institute for provisions relating to national veterans'

employment and training programs.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-323 effective on 60th day after May 20,

1988, see section 16(b)(2) of Pub. L. 100-323, set out as a note

under section 3104 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4102A, 4106 of this

title.

-End-

-CITE-

38 USC Sec. 4110 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4110. Advisory Committee on Veterans Employment and Training

-STATUTE-

(a)(1) There is hereby established within the Department of Labor

an advisory committee to be known as the Advisory Committee on

Veterans Employment and Training.

(2) The advisory committee shall -

(A) assess the employment and training needs of veterans;

(B) determine the extent to which the programs and activities

of the Department of Labor are meeting such needs; and

(C) carry out such other activities that are necessary to make

the reports and recommendations referred to in subsection (f) of

this section.

(b) The Secretary of Labor shall, on a regular basis, consult

with and seek the advice of the advisory committee with respect to

the matters referred to in subsection (a)(2) of this section.

(c)(1) The Secretary of Labor shall appoint at least 12, but no

more than 18, individuals to serve as members of the advisory

committee consisting of -

(A) representatives nominated by veterans' organizations that

have a national employment program; and

(B) not more than 6 individuals who are recognized authorities

in the fields of business, employment, training, rehabilitation,

or labor and who are not employees of the Department of Labor.

(2) A vacancy in the advisory committee shall be filled in the

manner in which the original appointment was made.

(d) The following, or their representatives, shall be ex officio,

nonvoting members of the advisory committee:

(1) The Secretary of Veterans Affairs.

(2) The Secretary of Defense.

(3) The Secretary of Health and Human Services.

(4) The Secretary of Education.

(5) The Director of the Office of Personnel Management.

(6) The Assistant Secretary of Labor for Veterans Employment

and Training.

(7) The Assistant Secretary of Labor for Employment and

Training.

(8) The Chairman of the Equal Employment Opportunity

Commission.

(9) The Administrator of the Small Business Administration.

(10) The Postmaster General.

(11) The Director of the United States Employment Service.

(12) Representatives of -

(A) other Federal departments and agencies requesting a

representative on the advisory committee; and

(B) nationally based organizations with a significant

involvement in veterans employment and training programs, as

determined necessary and appropriate by the Secretary of Labor.

(e)(1) The advisory committee shall meet at least quarterly.

(2) The Secretary of Labor shall appoint the chairman of the

advisory committee who shall serve in that position for no more

than 2 consecutive years.

(3)(A) Members of the advisory committee shall serve without

compensation.

(B) Members of the advisory committee shall be allowed reasonable

and necessary travel expenses, including per diem in lieu of

subsistence, at rates authorized for persons serving intermittently

in the Government service in accordance with the provisions of

subchapter I of chapter 57 of title 5 while away from their homes

or regular places of business in the performance of the

responsibilities of the advisory committee.

(4) The Secretary of Labor shall provide staff and administrative

support to the advisory committee through the Veterans Employment

and Training Service.

(f)(1) Not later than July 1 of each year, the advisory committee

shall submit to the Secretary of Labor a report on the employment

and training needs of veterans. Each such report shall contain -

(A) an assessment of the employment and training needs of

veterans;

(B) an evaluation of the extent to which the programs and

activities of the Department of Labor are meeting such needs; and

(C) any recommendations for legislation, administrative action,

and other action that the advisory committee considers

appropriate.

(2) In addition to the annual reports made under paragraph (1),

the advisory committee may make recommendations to the Secretary of

Labor with respect to the employment and training needs of veterans

at such times and in such manner as the advisory committee

determines appropriate.

(g) Within 60 days after receiving each annual report referred to

in subsection (f)(1), the Secretary of Labor shall transmit to

Congress a copy of the report together with any comments concerning

the report that the Secretary considers appropriate.

(h) The advisory committee shall continue until terminated by

law.

-SOURCE-

(Added Pub. L. 97-306, title III, Sec. 308(a), Oct. 14, 1982, 96

Stat. 1441, Sec. 2010; amended Pub. L. 100-323, Secs. 10, 15(a)(2),

(3), (b)(1), May 20, 1988, 102 Stat. 566, 574; Pub. L. 101-237,

title IV, Sec. 423(b)(8)(A), Dec. 18, 1989, 103 Stat. 2093; Pub. L.

102-16, Sec. 8(a), Mar. 22, 1991, 105 Stat. 52; renumbered Sec.

4110 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug.

6, 1991, 105 Stat. 404-406; Pub. L. 102-568, title V, Sec. 504,

Oct. 29, 1992, 106 Stat. 4340; Pub. L. 103-446, title XII, Sec.

1201(a)(5), (g)(3), (i)(7), Nov. 2, 1994, 108 Stat. 4682, 4687,

4688.)

-MISC1-

PRIOR PROVISIONS

Prior section 4110, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1246;

Pub. L. 88-207, Dec. 17, 1963, 77 Stat. 402; Pub. L. 98-160, title

II, Sec. 205, Nov. 21, 1983, 97 Stat. 1001; Pub. L. 99-576, title

VII, Sec. 701(88), Oct. 28, 1986, 100 Stat. 3299, related to

disciplinary boards, prior to repeal by Pub. L. 102-40, title IV,

Sec. 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7464 of

this title.

AMENDMENTS

1994 - Subsec. (c)(1). Pub. L. 103-446, Sec. 1201(g)(3),

substituted "shall appoint" for "shall, within 90 days after the

date of the enactment of this section, appoint".

Subsec. (d)(9). Pub. L. 103-446, Sec. 1201(a)(5), substituted

"Administrator of the Small Business Administration" for "Secretary

of the Small Business Administration".

Subsec. (e)(3)(B). Pub. L. 103-446, Sec. 1201(i)(7), struck out

", United States Code," after "title 5" and substituted "the

advisory committee" for "the Board".

1992 - Subsec. (c)(1)(A). Pub. L. 102-568 struck out "are

chartered by Federal law and" after "that".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 2010 of this

title as this section.

Pub. L. 102-16 amended section generally, substituting present

catchline and text consisting of subsecs. (a) to (h) for former

catchline which read "Secretary of Labor's Committee on Veterans'

Employment" and former text consisting of subsecs. (a) to (c).

Subsec. (d)(9). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

1989 - Subsec. (b)(1)(A). Pub. L. 101-237 substituted "Secretary

of Veterans Affairs" for "Administrator".

1988 - Subsec. (b). Pub. L. 100-323, Sec. 15(b)(1), inserted "and

Training" after "for Veterans' Employment".

Pub. L. 100-323, Sec. 15(a)(3), substituted "Notwithstanding

section 2002A(b) of this title, the" for "The".

Pub. L. 100-323, Sec. 15(a)(2), struck out "of Labor" after

"Secretary" in first sentence.

Subsec. (b)(1)(D) to (I). Pub. L. 100-323, Sec. 10, added

subpars. (D), (H), and (I) and redesignated former subpars. (D) to

(F) as (E) to (G), respectively.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 10 of Pub. L. 100-323 effective on 60th day

after May 20, 1988, and amendment by section 15(a)(2), (3), (b)(1)

of Pub. L. 100-323 effective May 20, 1988, see section 16(b)(2) of

Pub. L. 100-323, set out as a note under section 3104 of this

title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (g) of this section, see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and page 125 of House Document No. 103-7.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

-CITE-

38 USC Sec. 4110A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4110A. Special unemployment study

-STATUTE-

(a)(1) The Secretary, through the Bureau of Labor Statistics,

shall conduct a study every two years of unemployment among each of

the following categories of veterans:

(A) Special disabled veterans.

(B) Veterans of the Vietnam era who served in the Vietnam

theater of operations during the Vietnam era.

(C) Veterans who served on active duty during the Vietnam era

who did not serve in the Vietnam theater of operations.

(D) Veterans who served on active duty after the Vietnam era.

(E) Veterans discharged or released from active duty within

four years of the applicable study.

(2) Within each of the categories of veterans specified in

paragraph (1), the Secretary shall include a separate category for

women who are veterans.

(b) The Secretary shall promptly submit to Congress a report on

the results of each study under subsection (a).

-SOURCE-

(Added Pub. L. 100-323, Sec. 9(a), May 20, 1988, 102 Stat. 566,

Sec. 2010A; renumbered Sec. 4110A, Pub. L. 102-83, Sec. 5(a), Aug.

6, 1991, 105 Stat. 406; amended Pub. L. 103-446, title VII, Sec.

701(c), Nov. 2, 1994, 108 Stat. 4674; Pub. L. 105-368, title X,

Sec. 1005(b)(14), Nov. 11, 1998, 112 Stat. 3365.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(3). Pub. L. 105-368, Sec. 1005(b)(14)(B),

redesignated par. (3) as subsec. (b).

Subsec. (b). Pub. L. 105-368 redesignated subsec. (a)(3) as (b),

substituted "subsection (a)" for "paragraph (1)", and struck out

former subsec. (b) which read as follows: "The first study under

this section shall be completed not later than 180 days after the

date of the enactment of this section."

1994 - Subsec. (a). Pub. L. 103-446 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "The

Secretary, through the Bureau of Labor Statistics, shall conduct,

on a biennial basis, studies of unemployment among special disabled

veterans and among veterans who served in the Vietnam Theater of

Operations during the Vietnam era and promptly report to the

Congress on the results of such studies."

1991 - Pub. L. 102-83 renumbered section 2010A of this title as

this section.

EFFECTIVE DATE

Section effective on 60th day after May 20, 1988, see section

16(b)(2) of Pub. L. 100-323, set out as an Effective Date of 1988

Amendment note under section 3104 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (b) of this section, see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and page 125 of House Document No. 103-7.

-End-

-CITE-

38 USC Sec. 4110B 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4110B. Coordination and nonduplication

-STATUTE-

In carrying out this chapter, the Secretary shall require that an

appropriate administrative entity in each State enter into an

agreement with the Secretary regarding the implementation of this

Act that includes the description and information described in

paragraphs (8) and (14) of section 112(b) of the Workforce

Investment Act of 1998.

-SOURCE-

(Added Pub. L. 105-220, title III, Sec. 322, Aug. 7, 1998, 112

Stat. 1087.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, probably means Pub. L. 105-220,

Aug. 7, 1998, 112 Stat. 936, as amended, known as the Workforce

Investment Act of 1998, which enacted this section. Section 112(b)

of the Act is classified to section 2822(b) of Title 29, Labor. For

complete classification of Pub. L. 105-220 to the Code, see Short

Title note set out under section 9201 of Title 20, Education, and

Tables.

-End-

-CITE-

38 USC Sec. 4111 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

[Sec. 4111. Repealed. Pub. L. 107-95, Sec. 5(e)(3), Dec. 21, 2001,

115 Stat. 918]

-MISC1-

Section, added Pub. L. 106-117, title IX, Sec. 901(a), Nov. 30,

1999, 113 Stat. 1586, related to homeless veterans' reintegration

programs.

PRIOR PROVISIONS

Prior section 4111, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1247;

Pub. L. 87-793, Sec. 804, Oct. 11, 1962, 76 Stat. 861; Pub. L.

89-785, title I, Sec. 108, Nov. 7, 1966, 80 Stat. 1370; Pub. L.

98-160, title II, Sec. 206, Nov. 21, 1983, 97 Stat. 1001, related

to appointment of additional employees, prior to repeal by Pub. L.

102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 210. See

section 7408 of this title.

-End-

-CITE-

38 USC Sec. 4112 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 41 - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR

VETERANS

-HEAD-

Sec. 4112. Performance incentive awards for quality employment,

training, and placement services

-STATUTE-

(a) Criteria for Performance Incentive Awards. - (1) For purposes

of carrying out a program of performance incentive awards under

section 4102A(c)(2)(A)(i)(III) of this title, the Secretary, acting

through the Assistant Secretary of Labor for Veterans' Employment

and Training, shall establish criteria for performance incentive

awards programs to be administered by States to -

(A) encourage the improvement and modernization of employment,

training, and placement services provided under this chapter; and

(B) recognize eligible employees for excellence in the

provision of such services or for having made demonstrable

improvements in the provision of such services.

(2) The Secretary shall establish such criteria in consultation

with representatives of States, political subdivisions of States,

and other providers of employment, training, and placement services

under the Workforce Investment Act of 1998 consistent with the

performance measures established under section 4102A(b)(7) of this

title.

(b) Form of Awards. - Under the criteria established by the

Secretary for performance incentive awards to be administered by

States, an award under such criteria may be a cash award or such

other nonfinancial awards as the Secretary may specify.

(c) Relationship of Award to Grant Program and Employee

Compensation. - Performance incentive cash awards under this

section -

(1) shall be made from amounts allocated from the grant or

contract amount for a State for a program year under section

4102A(c)(7) of this title; and

(2) is in addition to the regular pay of the recipient.

(d) Eligible Employee Defined. - In this section, the term

"eligible employee" means any of the following:

(1) A disabled veterans' outreach program specialist.

(2) A local veterans' employment representative.

(3) An individual providing employment, training, and placement

services to veterans under the Workforce Investment Act of 1998

or through an employment service delivery system (as defined in

section 4101(7) of this title).

-SOURCE-

(Added Pub. L. 107-288, Sec. 3(a), Nov. 7, 2002, 116 Stat. 2037.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in subsecs.

(a)(2) and (d)(3), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936,

as amended. For complete classification of this Act to the Code,

see Short Title note set out under section 9201 of Title 20,

Education, and Tables.

-MISC1-

PRIOR PROVISIONS

Prior sections 4112 to 4119 were repealed by Pub. L. 102-40,

title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 210.

Section 4112, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1247; Pub.

L. 89-785, title I, Sec. 109(a), Nov. 7, 1966, 80 Stat. 1370; Pub.

L. 93-82, title II, Sec. 205(b), Aug. 2, 1973, 87 Stat. 192; Pub.

L. 94-581, title I, Sec. 110(8), title II, Secs. 209(b)(3),

210(c)(6), Oct. 21, 1976, 90 Stat. 2849, 2861, 2864; Pub. L.

96-151, title III, Sec. 305, Dec. 20, 1979, 93 Stat. 1096; Pub. L.

96-330, title I, Sec. 115, Aug. 26, 1980, 94 Stat. 1039; Pub. L.

98-223, title II, Sec. 209, Mar. 2, 1984, 98 Stat. 44; Pub. L.

100-322, title II, Sec. 224, May 20, 1988, 102 Stat. 532, related

to special medical advisory group and other advisory bodies. See

sections 7312 and 7313 of this title.

Section 4113, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1247; Pub.

L. 89-785, title I, Sec. 110, Nov. 7, 1966, 80 Stat. 1371; Pub. L.

94-581, title I, Sec. 110(9), title II, Sec. 209(a)(5), (c)(5),

Oct. 21, 1976, 90 Stat. 2849, 2860, 2862, related to travel

expenses of employees. See section 7424 of this title.

Section 4114, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1247; Pub.

L. 87-574, Sec. 4(2), Aug. 6, 1962, 76 Stat. 309; Pub. L. 89-785,

title I, Sec. 111(a)-(c), Nov. 7, 1966, 80 Stat. 1371; Pub. L.

91-496, Secs. 1, 3, Oct. 22, 1970, 84 Stat. 1092; Pub. L. 93-82,

title II, Sec. 206, Aug. 2, 1973, 87 Stat. 192; Pub. L. 94-581,

title I, Secs. 109, 110(10), title II, Secs. 205(g), 209(a)(6),

(c)(6), 210(c)(7), Oct. 21, 1976, 90 Stat. 2848, 2849, 2859, 2860,

2862, 2864; Pub. L. 95-201, Sec. 4(a)(2), Nov. 23, 1977, 91 Stat.

1430; Pub. L. 96-330, title I, Sec. 116(b), Aug. 26, 1980, 94 Stat.

1039; Pub. L. 97-295, Sec. 4(85), Oct. 12, 1982, 96 Stat. 1312;

Pub. L. 99-166, title II, Sec. 203, Dec. 3, 1985, 99 Stat. 950;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.

99-576, title II, Sec. 214, Oct. 28, 1986, 100 Stat. 3258; Pub. L.

100-322, title II, Sec. 223, May 20, 1988, 102 Stat. 531; Pub. L.

100-687, div. B, title XV, Sec. 1503(a)(2), Nov. 18, 1988, 102

Stat. 4133; Pub. L. 101-366, title II, Sec. 203, Aug. 15, 1990, 104

Stat. 439, related to temporary full-time, part-time, and without

compensation appointments and residencies or internships. See

sections 7405 to 7407 of this title.

Section 4115, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1248,

related to regulations. See section 7304 of this title.

Section 4116, added Pub. L. 89-311, Sec. 6(a), Oct. 31, 1965, 79

Stat. 1156; amended Pub. L. 89-506, Sec. 5(b), July 18, 1966, 80

Stat. 307; Pub. L. 93-82, title II, Sec. 207, Aug. 2, 1973, 87

Stat. 193; Pub. L. 94-581, title I, Sec. 110(11), title II, Secs.

209(a)(7), 210(c)(8), Oct. 21, 1976, 90 Stat. 2849, 2861, 2864;

Pub. L. 100-322, title II, Sec. 203(a)(1), May 20, 1988, 102 Stat.

509, related to defense of certain malpractice and negligence

suits. See section 7316 of this title.

Section 4117, added Pub. L. 89-785, title I, Sec. 112(a), Nov. 7,

1966, 80 Stat. 1371; amended Pub. L. 93-82, title II, Sec. 208,

Aug. 2, 1973, 87 Stat. 194; Pub. L. 94-581, title I, Sec. 110(12),

title II, Sec. 209(a)(1), (8), Oct. 21, 1976, 90 Stat. 2849, 2860,

2861, related to contracts for scarce medical specialist services.

See section 7409 of this title.

Section 4118, added Pub. L. 94-123, Sec. 2(d)(1), Oct. 22, 1975,

89 Stat. 670; amended Pub. L. 95-201, Sec. 3(a), Nov. 23, 1977, 91

Stat. 1429; Pub. L. 96-330, title I, Secs. 102(a)(1), (b)-(d),

103(a), 104(a), title II, Sec. 202, Aug. 26, 1980, 94 Stat. 1030,

1031, 1034, 1035, 1047; Pub. L. 97-258, Sec. 3(k)(6), Sept. 13,

1982, 96 Stat. 1065; Pub. L. 97-295, Sec. 4(86), Oct. 12, 1982, 96

Stat. 1312; Pub. L. 99-576, title II, Sec. 231(a), Oct. 28, 1986,

100 Stat. 3263; Pub. L. 100-238, title I, Sec. 126, Jan. 8, 1988,

101 Stat. 1757, related to special pay for physicians and dentists.

See sections 7431 to 7440 of this title.

Section 4119, added Pub. L. 96-330, title I, Sec. 116(a)(1), Aug.

26, 1980, 94 Stat. 1039, related to relationship between former

subchapter I of chapter 73 of this title and other provisions of

law. See section 7425 of this title.

Prior section 4120 was renumbered section 7458 of this title.

Prior sections 4121 to 4124 were repealed by Pub. L. 102-40,

title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 210.

Section 4121, added Pub. L. 92-541, Sec. 3(a), Oct. 24, 1972, 86

Stat. 1107; amended Pub. L. 94-581, title II, Sec. 210(c)(9), Oct.

21, 1976, 90 Stat. 2864; Pub. L. 99-576, title II, Sec. 212(a),

(b), Oct. 28, 1986, 100 Stat. 3257, related to designation of

Regional Medical Education Centers. See section 7471 of this title.

Section 4122, added Pub. L. 92-541, Sec. 3(a), Oct. 24, 1972, 86

Stat. 1107; amended Pub. L. 94-581, title II, Secs. 209(c)(7),

210(c)(10), Oct. 21, 1976, 90 Stat. 2862, 2864, related to

supervision and staffing of Centers. See section 7472 of this

title.

Section 4123, added Pub. L. 92-541, Sec. 3(a), Oct. 24, 1972, 86

Stat. 1107; amended Pub. L. 94-581, title I, Sec. 113, Oct. 21,

1976, 90 Stat. 2852; Pub. L. 99-576, title II, Sec. 212(c), Oct.

28, 1986, 100 Stat. 3257, related to personnel eligible for

training. See section 7473 of this title.

Section 4124, added Pub. L. 92-541, Sec. 3(a), Oct. 24, 1972, 86

Stat. 1108, related to consultation with special medical advisory

group. See section 7474 of this title.

Prior sections 4131 to 4134 were renumbered sections 7331 to 7334

of this title, respectively.

Prior section 4141 was renumbered section 7451 of this title.

Another prior section 4141, added Pub. L. 96-330, title II, Sec.

201(a)(1), Aug. 26, 1980, 94 Stat. 1041, related to the

establishment, purpose and duration of Veterans' Administration

Health Professional Scholarship Program, prior to repeal by Pub. L.

100-322, title II, Sec. 216(a), May 20, 1988, 102 Stat. 517, with

the provisions to remain effective with respect to scholarships

awarded. For similar provisions, see chapter 76 (Sec. 7601 et seq.)

of this title.

Prior section 4142 was renumbered section 7452 of this title.

Another prior section 4142 and prior sections 4143 to 4146 were

repealed by Pub. L. 100-322, title II, Sec. 216(a), May 20, 1988,

102 Stat. 517, with the provisions to remain effective with respect

to scholarships awarded.

Section 4142, added Pub. L. 96-330, title II, Sec. 201(a)(1),

Aug. 26, 1980, 94 Stat. 1041; amended Pub. L. 97-251, Sec. 3(a),

Sept. 8, 1982, 96 Stat. 713; Pub. L. 97-258, Sec. 3(k)(7), Sept.

13, 1982, 96 Stat. 1065; Pub. L. 97-375, title II, Sec. 216, Dec.

21, 1982, 96 Stat. 1827; Pub. L. 98-160, title VII, Sec. 702(18),

Nov. 21, 1983, 97 Stat. 1010; Pub. L. 99-576, title II, Sec. 213,

Oct. 28, 1986, 100 Stat. 3257, related to eligibility, application,

and written contracts for program.

Section 4143, added Pub. L. 96-330, title II, Sec. 201(a)(1),

Aug. 26, 1980, 94 Stat. 1044; amended Pub. L. 97-251, Sec. 3(b),

Sept. 8, 1982, 96 Stat. 714, related to obligated service.

Section 4144, added Pub. L. 96-330, title II, Sec. 201(a)(1),

Aug. 26, 1980, 94 Stat. 1045; amended Pub. L. 97-251, Sec. 3(c),

Sept. 8, 1982, 96 Stat. 715, related to liability for breach of

contracts and waiver, suspension, discharge, etc., thereof.

Section 4145, added Pub. L. 96-330, title II, Sec. 201(a)(1),

Aug. 26, 1980, 94 Stat. 1047, related to exemption of scholarship

payments from taxation.

Section 4146, added Pub. L. 96-330, title II, Sec. 201(a)(1),

Aug. 26, 1980, 94 Stat. 1047, provided that authority of

Administrator to make payments under former subchapter IV of

chapter 73 of this title was subject to availability of

appropriations for such purposes.

For provisions similar to former sections 4142 to 4146 of this

title, see chapter 76 (Sec. 7601 et seq.) of this title.

Prior sections 4151 and 4152 were repealed by Pub. L. 102-40,

title IV, Sec. 401(a)(2)(A), May 7, 1991, 105 Stat. 210.

Section 4151, added Pub. L. 99-166, title II, Sec. 204(a)(1),

Dec. 3, 1985, 99 Stat. 950, related to quality-assurance program.

See section 7311 of this title.

Section 4152, added Pub. L. 99-166, title II, Sec. 204(a)(1),

Dec. 3, 1985, 99 Stat. 951, related to quality-assurance reports.

See section 7311 of this title.

Prior sections 4161 to 4168 were renumbered sections 7361 to 7368

of this title, respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4102A, 4107 of this

title.

-End-