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title_name: "VETERANS BENEFITS"
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# 38 U.S.C. § 4101 - Definitions
## Text
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 “career services” means local employment and training services of the type described in section 134(c)(2) of the Workforce Innovation and Opportunity Act.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1221, § 2010; renumbered § 2001, Pub. L. 87675, § 1(a), Sept. 19, 1962, 76 Stat. 558; amended Pub. L. 89358, § 6(c)(1), Mar. 3, 1966, 80 Stat. 27; Pub. L. 92540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1094; Pub. L. 93508, title IV, § 401(a), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 96466, title V, § 503, title VIII, § 801(h), Oct. 17, 1980, 94 Stat. 2203, 2216; Pub. L. 100323, §§ 3(b), 15(a)(1), May 20, 1988, 102 Stat. 562, 574; renumbered § 4101 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107288, § 5(a)(1)(A), (c)(1), Nov. 7, 2002, 116 Stat. 2044, 2045; Pub. L. 113128, title V, § 512(gg)(1), July 22, 2014, 128 Stat. 1719.)
## Notes
Editorial Notes
References in TextThe Wagner-Peyser Act, referred to in par. (7), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified generally to chapter 4B (§ 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(c)(2) of the Workforce Innovation and Opportunity Act, referred to in par. (9), is classified to section 3174(c)(2) of Title 29, Labor.
Prior ProvisionsPrior section 4101, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1243; Pub. L. 89785, title I, § 101, Nov. 7, 1966, 80 Stat. 1368; Pub. L. 9382, title II, § 201, Aug. 2, 1973, 87 Stat. 187; Pub. L. 94581, title II, §§ 205(a), 209(a)(1), (3), 210(c)(1), Oct. 21, 1976, 90 Stat. 2857, 2860, 2863; Pub. L. 96330, title I, § 105(a), title III, § 302, title IV, § 408, Aug. 26, 1980, 94 Stat. 1036, 1048, 1053; Pub. L. 97295, § 4(80), Oct. 12, 1982, 96 Stat. 1311; Pub. L. 98528, title I, § 104, Oct. 19, 1984, 98 Stat. 2689; Pub. L. 99166, title II, § 202, Dec. 3, 1985, 99 Stat. 950; Pub. L. 100322, title I, § 135, May 20, 1988, 102 Stat. 507; Pub. L. 100687, div. B, title XV, § 1506(a), Nov. 18, 1988, 102 Stat. 4135, related to functions of Department of Medicine and Surgery, prior to repeal by Pub. L. 10240, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See sections 7301 to 7303, 7314, 7315, 7317, and 7425 of this title.
Amendments2014—Par. (9). Pub. L. 113128 substituted “The term career services means local employment and training services of the type described in section 134(c)(2) of the Workforce Innovation and Opportunity Act” for “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”. 2002—Par. (7). Pub. L. 107288, § 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. 107288, § 5(a)(1)(A), added par. (9). 1991—Pub. L. 10283, § 5(a), renumbered section 2001 of this title as this section. Pars. (1) to (4). Pub. L. 10283, § 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. 100323 added pars. (7) and (8). 1980—Par. (1). Pub. L. 96466, § 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. 96466, § 503(2), added pars. (2) to (4). Former pars. (2) and (3) redesignated (5) and (6), respectively. Par. (5). Pub. L. 96466, §§ 503(2), 801(h)(1), redesignated former par. (2) as (5) and substituted “The term” for “the term”. Par. (6). Pub. L. 96466, §§ 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. 93508 added par. (2) and redesignated former par. (2) as (3). 1972—Pub. L. 92540 substituted provisions defining “eligible veteran” and “State”, for provisions stating the Congressional declaration of purpose. 1966—Pub. L. 89358 inserted “or of service after January 31, 1955” after “veterans of any war”.
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
Effective Date of 2002 AmendmentPub. L. 107288, § 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. 107288, § 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 AmendmentPub. L. 96466, title VIII, § 802(e), Oct. 17, 1980, 94 Stat. 2218, 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. 96466 effective Oct. 1, 1980, see section 802(h) of Pub. L. 96466, set out as a note under section 3452 of this title.
Effective Date of 1974 AmendmentAmendment by Pub. L. 93508 effective Dec. 3, 1974, see section 503 of Pub. L. 93508, set out as a note under section 3452 of this title.
Effective Date of 1972 AmendmentPub. L. 92540, title VI, § 601(b), Oct. 24, 1972, 86 Stat. 1099, 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 ProvisionPub. L. 87675, § 1(e), Sept. 19, 1962, 76 Stat. 559, 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.”
Employment Assistance and Services for Veterans Ineligible for AssistancePub. L. 96466, title V, § 512, Oct. 17, 1980, 94 Stat. 2207, as amended by Pub. L. 105277, div. A, § 101(f) [title VIII, § 405(d)(28), (f)(20)], Oct. 21, 1998, 112 Stat. 2681337, 2681424, 2681432, 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. 4949k), title I of the Workforce Investment Act of 1998 [former 29 U.S.C. 2801 et seq.], and other applicable provisions of law.”
Executive Documents
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.
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# 38 U.S.C. § 4102 - Purpose
## Text
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.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1217, § 2011; renumbered § 2002, Pub. L. 87675, § 1(a), Sept. 19, 1962, 76 Stat. 558; amended Pub. L. 89358, § 6(c), Mar. 3, 1966, 80 Stat. 27; Pub. L. 92540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1094; Pub. L. 93508, title IV, § 401(b), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94502, title VI, § 601(a), Oct. 15, 1976, 90 Stat. 2404; Pub. L. 96466, title V, § 504(a)(2), Oct. 17, 1980, 94 Stat. 2203; Pub. L. 97306, title III, § 302, Oct. 14, 1982, 96 Stat. 1437; Pub. L. 98160, title VII, § 702(15), Nov. 21, 1983, 97 Stat. 1010; Pub. L. 100323, § 15(b)(1), (d), May 20, 1988, 102 Stat. 574; renumbered § 4102 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107288, § 5(a)(1)(B), (b)(1), Nov. 7, 2002, 116 Stat. 2044, 2045.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 4102, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1243; Pub. L. 89785, title I, § 102, Nov. 7, 1966, 80 Stat. 1368; Pub. L. 94581, title I, § 110(1), Oct. 21, 1976, 90 Stat. 2848, related to divisions of Department of Medicine and Surgery, prior to repeal by Pub. L. 10240, title IV, § 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. 92540.
Amendments2002—Pub. L. 107288, § 5(a)(1)(B), substituted “job and job training intensive services program,” for “job and job training counseling service program,”. Pub. L. 107288, § 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. 10283 renumbered section 2002 of this title as this section and substituted “4102A” for “2002A”. 1988—Pub. L. 100323 inserted “and Training” after “for Veterans Employment” and substituted “Veterans Employment and Training Service” for “Veterans Employment Service”. 1983—Pub. L. 98160 substituted “an Assistant” for “a Assistant”. 1982—Pub. L. 97306 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. 96466 struck out “Deputy” before “Assistant Secretary”. 1976—Pub. L. 94502 inserted “by a Deputy Assistant Secretary of Labor for Veterans Employment, established by section 2002A of this title,” after “promulgated and administered”. 1974—Pub. L. 93508 substituted “eligible veterans and eligible persons” for “eligible veterans” and “to provide such veterans and persons” for “to provide such veterans”. 1972—Pub. L. 92540 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. 89358 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.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentPub. L. 107288, § 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 AmendmentAmendment by Pub. L. 96466 effective Oct. 1, 1980, see section 802(e) of Pub. L. 96466, set out as a note under section 4101 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94502 effective Dec. 1, 1976, see section 703(c) of Pub. L. 94502, set out as an Effective Date note under section 3693 of this title.
Effective Date of 1974 AmendmentAmendment by Pub. L. 93508 effective Dec. 3, 1974, see section 503 of Pub. L. 93508, set out as a note under section 3452 of this title.
Effective Date of 1972 AmendmentAmendment by Pub. L. 92540 effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92540, set out as a note under section 4101 of this title.
Veterans Employment ProvisionsPub. L. 93567, title I, § 104, Dec. 31, 1974, 88 Stat. 1848, as amended by Pub. L. 94444, § 12(a), Oct. 1, 1976, 90 Stat. 1483; Pub. L. 94502, title VI, § 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. 95524, § 7, Oct. 27, 1978, 92 Stat. 2021.
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# 38 U.S.C. § 4104 - Local veterans employment representatives
## Text
(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) Part-Time Employees.— A part-time local veterans employment representative shall perform the functions of a local veterans employment representative under this section on a half-time basis.
(e) Additional Requirements for Full-time Employees.— (1) A full-time local veterans employment representative shall perform only duties related to the employment, training, and placement services under this chapter, and shall not perform other non-veteran-related duties that detract from the representatives ability to perform the representatives duties related to employment, training, and placement services under this chapter.
(2) The Secretary shall conduct regular audits to ensure compliance with paragraph (1). If, on the basis of such an audit, the Secretary determines that a State is not in compliance with paragraph (1), the Secretary may reduce the amount of a grant made to the State under section 4102A(b)(5) of this title.
(f) 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.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1219, § 2013; renumbered § 2004, Pub. L. 87675, § 1(a), Sept. 19, 1962, 76 Stat. 558; amended Pub. L. 89358, § 6(c)(1), Mar. 3, 1966, 80 Stat. 27; Pub. L. 92540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1095; Pub. L. 94502, title VI, § 606(2), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100323, § 3(a), May 20, 1988, 102 Stat. 560; Pub. L. 101237, title IV, § 423(b)(8)(B), Dec. 18, 1989, 103 Stat. 2093; Pub. L. 10216, § 10(a)(8), Mar. 22, 1991, 105 Stat. 56; renumbered § 4104 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 10714, § 8(a)(10), June 5, 2001, 115 Stat. 35; Pub. L. 10795, § 9(b), Dec. 21, 2001, 115 Stat. 920; Pub. L. 107288, § 4(b)(2), Nov. 7, 2002, 116 Stat. 2043; Pub. L. 109461, title VI, § 602(b), Dec. 22, 2006, 120 Stat. 3437; Pub. L. 11256, title II, § 241(b), Nov. 21, 2011, 125 Stat. 728.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 4104, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1244; Pub. L. 89785, title I, § 104, Nov. 7, 1966, 80 Stat. 1369; Pub. L. 94123, § 5(a), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94581, title I, § 110(3), title II, §§ 209(a)(1), (2), 210(c)(3), Oct. 21, 1976, 90 Stat. 2848, 2860, 2863; Pub. L. 96151, title III, § 302(a), Dec. 20, 1979, 93 Stat. 1096; Pub. L. 98160, title II, § 201, Nov. 21, 1983, 97 Stat. 1000; Pub. L. 98528, title I, § 108, Oct. 19, 1984, 98 Stat. 2690; Pub. L. 100322, title II, § 211(a), May 20, 1988, 102 Stat. 513; Pub. L. 101366, title I, § 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. 10240, title IV, § 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. 92540.
Amendments2011—Subsecs. (e), (f). Pub. L. 11256 added subsec. (e) and redesignated former subsec. (e) as (f). 2006—Subsecs. (d), (e). Pub. L. 109461 added subsec. (d) and redesignated former subsec. (d) as (e). 2002—Pub. L. 107288 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. 10714, § 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. 10714, § 8(a)(10)(A)(ii), substituted “subparagraph (A)” for “clause (A)”. Subsec. (a)(1)(C). Pub. L. 10714, § 8(a)(10)(A)(iii), substituted “subparagraphs (A) and (B)” for “clauses (A) and (B)”. Subsec. (a)(4). Pub. L. 10714, § 8(a)(10)(B), struck out “on or after July 1, 1988” after “local veterans employment representatives”. Subsec. (b). Pub. L. 10714, § 8(a)(10)(C)(i), substituted “shall perform the following functions:” for “shall—” in introductory provisions. Subsec. (b)(1) to (10). Pub. L. 10714, § 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. 10795, § 9(b)(1), which directed that “and” be struck out at end, could not be executed because of the intervening amendment by Pub. L. 10714, § 8(a)(10)(C)(iv). See below. Pub. L. 10714, § 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. 10795, § 9(b)(2), substituted “; and” for period at end. Pub. L. 10714, § 8(a)(10)(C)(ii), capitalized the first letter of the first word. Subsec. (b)(13). Pub. L. 10795, § 9(b)(3), added par. (13). 1991—Pub. L. 10283, § 5(a), renumbered section 2004 of this title as this section. Subsec. (a)(1). Pub. L. 10283, § 5(c)(1), substituted “4102A(b)(5)(A)(ii)” for “2002A(b)(5)(A)(ii)” in introductory provisions. Pub. L. 10216, § 10(a)(8)(A), (B), substituted “appointment” for “assignment” in two places in introductory provisions and in subpar. (C). Subsec. (a)(4). Pub. L. 10216, § 10(a)(8)(C), substituted “appointment” for “assigning”. Subsec. (b)(6). Pub. L. 10283, § 5(c)(1), substituted “4212” for “2012”. Subsec. (b)(10). Pub. L. 10283, § 5(c)(1), substituted “1712A” for “612A”. Subsec. (d). Pub. L. 10216, § 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. 101237 substituted “Department of Veterans Affairs” for “Veterans Administration”. 1988—Pub. L. 100323 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 representatives assistants.” 1976—Pub. L. 94502 substituted “eligible veterans or eligible persons” for “eligible veterans” and “such representatives” for “his”. 1972—Pub. L. 92540 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. 89358 inserted “or of service after January 31, 1955” after “veterans of any war”.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentSubsec. (d) of this section as amended by Pub. L. 109461 applicable with respect to pay periods beginning after the date that is 180 days after Dec. 22, 2006, see section 602(c) of Pub. L. 109461, set out as a note under section 4103A of this title.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107288 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. 107288, set out as a note under section 4103A of this title.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100323 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. 100323, set out as a note under section 3104 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94502 effective Dec. 1, 1976, see section 703(c) of Pub. L. 94502, set out as an Effective Date note under section 3693 of this title.
Effective Date of 1972 AmendmentAmendment by Pub. L. 92540 effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92540, set out as a note under section 4101 of this title.
Pilot Program To Integrate and Streamline Functions of Local Veterans Employment RepresentativesPub. L. 104275, title III, § 303, Oct. 9, 1996, 110 Stat. 3332, as amended by Pub. L. 105368, title X, § 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.”
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# 38 U.S.C. § 4104A - Collaborative veterans training, mentoring, and placement program
## Text
(a) Grants.— The Secretary shall award grants to eligible nonprofit organizations to provide training and mentoring for eligible veterans who seek employment. The Secretary shall award the grants to not more than three organizations, for periods of two years.
(b) Collaboration and Facilitation.— The Secretary shall ensure that the recipients of the grants—
(1) collaborate with—
(A) the appropriate disabled veterans outreach specialists (in carrying out the functions described in section 4103A(a)) and the appropriate local veterans employment representatives (in carrying out the functions described in section 4104); and
(B) the appropriate State boards and local boards (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act) for the areas to be served by recipients of the grants; and
(2) based on the collaboration, facilitate the placement of the veterans that complete the training in meaningful employment that leads to economic self-sufficiency.
(c) Application.— To be eligible to receive a grant under this section, a nonprofit organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the information shall include—
(1) information describing how the organization will—
(A) collaborate with disabled veterans outreach specialists and local veterans employment representatives and the appropriate State boards and local boards (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act);
(B) based on the collaboration, provide training that facilitates the placement described in subsection (b)(2); and
(C) make available, for each veteran receiving the training, a mentor to provide career advice to the veteran and assist the veteran in preparing a resume and developing job interviewing skills; and
(2) an assurance that the organization will provide the information necessary for the Secretary to prepare the reports described in subsection (d).
(d) Reports.— (1) Not later than six months after the date of the enactment of the VOW to Hire Heroes Act of 2011, the Secretary shall prepare and submit to the appropriate committees of Congress a report that describes the process for awarding grants under this section, the recipients of the grants, and the collaboration described in subsections (b) and (c).
(2) Not later than 18 months after the date of enactment of the VOW to Hire Heroes Act of 2011, the Secretary shall—
(A) conduct an assessment of the performance of the grant recipients, disabled veterans outreach specialists, and local veterans employment representatives in carrying out activities under this section, which assessment shall include collecting information on the number of—
(i) veterans who applied for training under this section;
(ii) veterans who entered the training;
(iii) veterans who completed the training;
(iv) veterans who were placed in meaningful employment under this section; and
(v) veterans who remained in such employment as of the date of the assessment; and
(B) submit to the appropriate committees of Congress a report that includes—
(i) a description of how the grant recipients used the funds made available under this section;
(ii) the results of the assessment conducted under subparagraph (A); and
(iii) the recommendations of the Secretary as to whether amounts should be appropriated to carry out this section for fiscal years after 2013.
(e) Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $4,500,000 for the period consisting of fiscal years 2012 and 2013.
(f) Definitions.— In this section—
(1) the term “appropriate committees of Congress” means—
(A) the Committee on Veterans Affairs and the Committee on Health, Education, Labor, and Pension of the Senate; and
(B) the Committee on Veterans Affairs and the Committee on Education and Workforce 11 So in original. Probably should be preceded by “the”. of the House of Representatives; and
(2) the term “nonprofit organization” means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code.
(Added Pub. L. 11256, title II, § 234(a), Nov. 21, 2011, 125 Stat. 721; amended Pub. L. 113128, title V, § 512(gg)(3), July 22, 2014, 128 Stat. 1719.)
## Notes
Editorial Notes
References in TextSection 3 of the Workforce Innovation and Opportunity Act, referred to in subsecs. (b)(1)(B) and (c)(1)(A), is classified to section 3102 of Title 29, Labor. The date of enactment of the VOW to Hire Heroes Act of 2011, referred to in subsec. (d), is the date of enactment of Pub. L. 11256, which was approved Nov. 21, 2011. Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (f)(2), is classified to section 501 of Title 26, Internal Revenue Code.
Prior ProvisionsA prior section 4104A, added Pub. L. 100323, § 4(a)(1), May 20, 1988, 102 Stat. 562, § 2004A; renumbered § 4104A and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406, related to performance of disabled veterans outreach program specialists and local veterans employment representatives, prior to repeal by Pub. L. 107288, § 4(a)(3)(A)(i), Nov. 7, 2002, 116 Stat. 2042, effective Nov. 7, 2002, and applicable for program and fiscal years under this chapter beginning on or after such date.
Amendments2014—Subsecs. (b)(1)(B), (c)(1)(A). Pub. L. 113128 substituted “the appropriate State boards and local boards (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act)” for “the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801))”.
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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# 38 U.S.C. § 4105 - Cooperation of Federal agencies
## Text
(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 9877; 29 U.S.C. 1721 note) 11 See References in Text note below. and otherwise in order to carry out this chapter, the Secretary of Defense shall, on the 15th day of each month, provide the Secretary and the Secretary of Veterans Affairs with updated information regarding any list maintained by the Secretary of Defense of employers participating in the National Committee for Employer Support of the Guard and Reserve.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1219, § 2014; renumbered § 2005 and amended Pub. L. 87675, § 1(a), (c), Sept. 19, 1962, 76 Stat. 558, 559; Pub. L. 92540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1095; Pub. L. 93508, title IV, § 401(d), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94502, title VI, § 606(3), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100323, §§ 6(a), 15(a)(2), May 20, 1988, 102 Stat. 564, 574; Pub. L. 101237, title IV, § 423(b)(8)(A), Dec. 18, 1989, 103 Stat. 2093; renumbered § 4105, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109233, title V, § 503(12), June 15, 2006, 120 Stat. 417.)
## Notes
Editorial Notes
References in TextThe Veterans Job Training Act, referred to in subsec. (b), is Pub. L. 9877, Aug. 15, 1983, 97 Stat. 443, which is set out as a note under section 3171 of Title 29, Labor. For complete classification of this Act to the Code, see Tables.
Prior ProvisionsPrior section 4105, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1244; Pub. L. 87574, § 4(1), Aug. 6, 1962, 76 Stat. 308; Pub. L. 89785, title I, § 105, Nov. 7, 1966, 80 Stat. 1369; Pub. L. 94123, § 5(b), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94581, title I, § 110(4), title II, §§ 205(e), 209(a)(1), (2), (4), (c)(2), Oct. 21, 1976, 90 Stat. 2848, 2859, 2860, 2861; Pub. L. 95201, § 4(a)(1), Nov. 23, 1977, 91 Stat. 1430; Pub. L. 96151, title III, § 302(b), Dec. 20, 1979, 93 Stat. 1096; Pub. L. 97295, § 4(81), Oct. 12, 1982, 96 Stat. 1311; Pub. L. 98160, title II, § 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. 10240, title IV, § 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. 92540.
Amendments2006—Subsec. (b). Pub. L. 109233 substituted “shall, on the 15th day of each month, provide the Secretary and the Secretary of Veterans Affairs with updated information regarding” for “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” and struck out before period at end “and shall provide, on the 15th day of each month thereafter, updated information regarding the list”. 1991—Pub. L. 10283 renumbered section 2005 of this title as this section. 1989—Subsec. (b). Pub. L. 101237 substituted “Secretary of Veterans Affairs” for “Administrator” wherever appearing. 1988—Subsec. (a). Pub. L. 100323, § 15(a)(2), struck out “of Labor” after “furnish the Secretary”. Pub. L. 100323, § 6(a)(1), designated existing provisions as subsec. (a). Subsec. (b). Pub. L. 100323, § 6(a)(2), added subsec. (b). 1976—Pub. L. 94502 substituted “the Secretary may deem” for “he may deem”. 1974—Pub. L. 93508 substituted “eligible veterans and eligible persons” for “eligible veterans”. 1972—Pub. L. 92540 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. 87675 substituted “chapter” for “subchapter” after “administration of this”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by section 6(a) of Pub. L. 100323 effective on 60th day after May 20, 1988, and amendment by section 15(a)(2) of Pub. L. 100323 effective May 20, 1988, see section 16(a), (b)(2) of Pub. L. 100323, set out as a note under section 3104 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94502 effective Dec. 1, 1976, see section 703(c) of Pub. L. 94502, set out as an Effective Date note under section 3693 of this title.
Effective Date of 1974 AmendmentAmendment by Pub. L. 93508 effective Dec. 3, 1974, see section 503 of Pub. L. 93508, set out as a note under section 3452 of this title.
Effective Date of 1972 AmendmentAmendment by Pub. L. 92540 effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92540, set out as a note under section 4101 of this title.
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# 38 U.S.C. § 4106 - Estimate of funds for administration; authorization of appropriations
## Text
(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.
(Added Pub. L. 92540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1096, § 2006; amended Pub. L. 93508, title IV, § 401(e), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94502, title VI, § 603, Oct. 15, 1976, 90 Stat. 2404; Pub. L. 97306, title III, § 306, Oct. 14, 1982, 96 Stat. 1440; Pub. L. 100323, §§ 2(b), (c), (e)(2), 15(a)(2), May 20, 1988, 102 Stat. 558, 559, 574; renumbered § 4106 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107288, §§ 4(d)(1), 5(a)(1)(C), Nov. 7, 2002, 116 Stat. 2044.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 4106, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1245; Pub. L. 89785, title I, § 106, Nov. 7, 1966, 80 Stat. 1369; Pub. L. 94123, § 5(c), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94581, title I, § 110(5), title II, § 209(a)(1), (b)(1), Oct. 21, 1976, 90 Stat. 2848, 2860, 2861; Pub. L. 96151, title III, § 303, Dec. 20, 1979, 93 Stat. 1096; Pub. L. 98160, title II, § 203(a), Nov. 21, 1983, 97 Stat. 1000; Pub. L. 99576, title VII, § 701(86), Oct. 28, 1986, 100 Stat. 3298; Pub. L. 100322, title II, § 221, May 20, 1988, 102 Stat. 531; Pub. L. 101237, title II, § 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. 10240, title IV, § 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. 92540.
Amendments2002—Subsec. (a). Pub. L. 107288, § 5(a)(1)(C), substituted “proper intensive services” for “proper counseling”. Pub. L. 107288, § 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. 10283, § 5(a), renumbered section 2006 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “4102A(b)” for “2002A(b)”, “4109” for “2009”, “4103A” for “2003A”, and “4104” for “2004”. 1988—Subsec. (a). Pub. L. 100323, § 15(a)(2), struck out “of Labor” after “Secretary” in first and fifth sentences. Pub. L. 100323, § 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. 100323, § 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. 97306, § 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. 97306, § 306(b), inserted “, upon the recommendation of the Assistant Secretary of Labor for Veterans Employment,” after “Secretary of Labor”. 1976—Subsec. (a). Pub. L. 94502 substituted “agencies shall each be” for “agencies shall be”. 1974—Subsec. (a). Pub. L. 93508 substituted “training services to eligible veterans and eligible persons” for “training services to veterans”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentPub. L. 107288, § 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 AmendmentAmendment by Pub. L. 94502 effective Dec. 1, 1976, see section 703(c) of Pub. L. 94502, set out as an Effective Date note under section 3693 of this title.
Effective Date of 1974 AmendmentAmendment by Pub. L. 93508 effective Dec. 3, 1974, see section 503 of Pub. L. 93508, set out as a note under section 3452 of this title.
Effective DateSection effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92540, set out as an Effective Date of 1972 Amendment note under section 4101 of this title.
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# 38 U.S.C. § 4108 - Cooperation and coordination
## Text
(a) In carrying out the Secretarys 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).
(Added Pub. L. 92540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1097, § 2008; amended Pub. L. 94502, title VI, § 606(4), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100323, §§ 6(b)(1), (2)(A), 15(a)(2), May 20, 1988, 102 Stat. 564, 574; Pub. L. 101237, title IV, § 423(b)(8), Dec. 18, 1989, 103 Stat. 2093; renumbered § 4108, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
References in TextSection 7 of the Veterans Job Training Act, referred to in subsec. (b), is section 7 of Pub. L. 9877, which is set out as a note under section 1721 of Title 29, Labor.
Prior ProvisionsPrior section 4108, added Pub. L. 9382, title II, § 204(a), Aug. 2, 1973, 87 Stat. 190; amended Pub. L. 94123, § 5(e), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94581, title I, § 110(7), title II, §§ 205(f), 209(a)(1), (2), (c)(4), 210(c)(5), Oct. 21, 1976, 90 Stat. 2849, 2859, 2860, 2862, 2864; Pub. L. 9622, title V, § 501, June 13, 1979, 93 Stat. 64; Pub. L. 96330, title I, § 113(a), Aug. 26, 1980, 94 Stat. 1038; Pub. L. 97295, § 4(83), Oct. 12, 1982, 96 Stat. 1312; Pub. L. 101237, title II, § 206(a), Dec. 18, 1989, 103 Stat. 2067, related to personnel administration, prior to repeal by Pub. L. 10240, title IV, § 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. 85857, Sept. 2, 1958, 72 Stat. 1246; Pub. L. 86568, title I, § 114(g), July 1, 1960, 74 Stat. 301; Pub. L. 87574, § 3, Aug. 6, 1962, 76 Stat. 308; Pub. L. 87793, § 803(a), Oct. 11, 1962, 76 Stat. 860, related to administration, prior to repeal by section 204(a) of Pub. L. 9382.
Amendments1991—Pub. L. 10283 renumbered section 2008 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary of Veterans Affairs” and “Department of Veterans Affairs” for “Administrator” and “Veterans Administration”, respectively, wherever appearing. 1988—Pub. L. 100323, § 6(b)(2)(A), struck out “with the Veterans Administration” after “Cooperation and coordination” in section catchline. Subsec. (a). Pub. L. 100323, § 15(a)(2), struck out “of Labor” after “Secretary”. Pub. L. 100323, § 6(b)(1)(A), designated existing provisions as subsec. (a). Subsec. (b). Pub. L. 100323, § 6(b)(1)(B), added subsec. (b). 1976—Pub. L. 94502 substituted “the Secretarys” for “his” and “the Administrator fully advised” for “him fully advised”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by section 6(b)(1), (2)(A) of Pub. L. 100323 effective on 60th day after May 20, 1988, and amendment by section 15(a)(2) of Pub. L. 100323 effective May 20, 1988, see section 16(a), (b)(2) of Pub. L. 100323, set out as a note under section 3104 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94502 effective Dec. 1, 1976, see section 703(c) of Pub. L. 94502, set out as an Effective Date note under section 3693 of this title.
Effective DateSection effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92540, set out as an Effective Date of 1972 Amendment note under section 4101 of this title.
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# 38 U.S.C. § 4109 - National Veterans Employment and Training Services Institute
## Text
(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.
(d) (1) The Secretary shall require that each disabled veterans outreach program specialist and local veterans employment representative who receives training provided by the Institute, or its successor, is given a final examination to evaluate the specialists or representatives performance in receiving such training.
(2) The results of such final examination shall be provided to the entity that sponsored the specialist or representative who received the training.
(Added Pub. L. 97306, title III, § 308(a), Oct. 14, 1982, 96 Stat. 1440, § 2009; amended Pub. L. 100323, § 8(a), May 20, 1988, 102 Stat. 566; renumbered § 4109, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107288, § 5(a)(1)(F), (e), Nov. 7, 2002, 116 Stat. 2044, 2046; Pub. L. 11256, title II, § 240(a), Nov. 21, 2011, 125 Stat. 727.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 4109, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1246; Pub. L. 9382, title II, § 205(a), Aug. 2, 1973, 87 Stat. 192; Pub. L. 96330, title I, § 114, Aug. 26, 1980, 94 Stat. 1039; Pub. L. 96385, title V, § 508(b), Oct. 7, 1980, 94 Stat. 1538; Pub. L. 9772, title IV, § 402(a), Nov. 3, 1981, 95 Stat. 1062; Pub. L. 97295, § 4(84), Oct. 12, 1982, 96 Stat. 1312; Pub. L. 99272, title XV, § 15204(b), Apr. 7, 1986, 100 Stat. 335; Pub. L. 99509, title VII, § 7003(a), Oct. 21, 1986, 100 Stat. 1949, related to retirement rights, prior to repeal by Pub. L. 10240, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7426 of this title.
Amendments2011—Subsec. (d). Pub. L. 11256 added subsec. (d). 2002—Subsec. (a). Pub. L. 107288, § 5(a)(1)(F), substituted “intensive services,” for “counseling,” in two places. Subsec. (c). Pub. L. 107288, § 5(e), added subsec. (c). 1991—Pub. L. 10283 renumbered section 2009 of this title as this section. 1988—Pub. L. 100323 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.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentPub. L. 11256, title II, § 240(b), Nov. 21, 2011, 125 Stat. 727, provided that: “Subsection (d) of section 4109 of title 38, United States Code, as added by subsection (a), shall apply with respect to training provided by the National Veterans Employment and Training Services Institute that begins on or after the date that is 180 days after the date of the enactment of this Act [Nov. 21, 2011].”
Effective Date of 1988 AmendmentAmendment by Pub. L. 100323 effective on 60th day after May 20, 1988, see section 16(b)(2) of Pub. L. 100323, set out as a note under section 3104 of this title.
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# 38 U.S.C. § 4110 - Advisory Committee on Veterans Employment, Training, and Employer Outreach
## Text
(a) (1) There is hereby established within the Department of Labor an advisory committee to be known as the Advisory Committee on Veterans Employment, Training, and Employer Outreach.
(2) The advisory committee shall—
(A) assess the employment and training needs of veterans and their integration into the workforce;
(B) determine the extent to which the programs and activities of the Department of Labor are meeting such needs;
(C) assist the Assistant Secretary of Labor for Veterans Employment and Training in carrying out outreach activities to employers with respect to the training and skills of veterans and the advantages afforded employers by hiring veterans;
(D) make recommendations to the Secretary, through the Assistant Secretary of Labor for Veterans Employment and Training, with respect to outreach activities and the employment and training of veterans; and
(E) 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 16, individuals to serve as members of the advisory committee as follows:
(A) Seven individuals, one each from among representatives nominated by each of the following organizations:
(i) The National Society of Human Resource Managers.
(ii) The Business Roundtable.
(iii) The National Association of State Workforce Agencies.
(iv) The United States Chamber of Commerce.
(v) The National Federation of Independent Business.
(vi) A nationally recognized labor union or organization.
(vii) The National Governors Association.
(B) Not more than five individuals from among representatives nominated by veterans service organizations that have a national employment program.
(C) Not more than five 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 Director of the Office of Personnel Management.
(4) The Assistant Secretary of Labor for Veterans Employment and Training.
(5) The Assistant Secretary of Labor for Employment and Training.
(6) The Administrator of the Small Business Administration.
(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 December 31 of each year, the advisory committee shall submit to the Secretary and to the Committees on Veterans Affairs of the Senate and House of Representatives a report on the employment and training needs of veterans, with special emphasis on disabled veterans, for the previous fiscal year. Each such report shall contain—
(A) an assessment of the employment and training needs of veterans and their integration into the workforce;
(B) an assessment of the outreach activities carried out by the Secretary of Labor to employers with respect to the training and skills of veterans and the advantages afforded employers by hiring veterans;
(C) an evaluation of the extent to which the programs and activities of the Department of Labor are meeting such needs;
(D) a description of the activities of the advisory committee during that fiscal year;
(E) a description of activities that the advisory committee proposes to undertake in the succeeding fiscal year; and
(F) 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.
(Added Pub. L. 97306, title III, § 308(a), Oct. 14, 1982, 96 Stat. 1441, § 2010; amended Pub. L. 100323, §§ 10, 15(a)(2), (3), (b)(1), May 20, 1988, 102 Stat. 566, 574; Pub. L. 101237, title IV, § 423(b)(8)(A), Dec. 18, 1989, 103 Stat. 2093; Pub. L. 10216, § 8(a), Mar. 22, 1991, 105 Stat. 52; renumbered § 4110 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 102568, title V, § 504, Oct. 29, 1992, 106 Stat. 4340; Pub. L. 103446, title XII, § 1201(a)(5), (g)(3), (i)(7), Nov. 2, 1994, 108 Stat. 4682, 4687, 4688; Pub. L. 109233, title II, § 202(a)(1), (2), (b)(d), June 15, 2006, 120 Stat. 403, 404; Pub. L. 109461, title VI, § 604(b), Dec. 22, 2006, 120 Stat. 3439; Pub. L. 110387, title IX, § 901(a)(4), Oct. 10, 2008, 122 Stat. 4142.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 4110, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1246; Pub. L. 88207, Dec. 17, 1963, 77 Stat. 402; Pub. L. 98160, title II, § 205, Nov. 21, 1983, 97 Stat. 1001; Pub. L. 99576, title VII, § 701(88), Oct. 28, 1986, 100 Stat. 3299, related to disciplinary boards, prior to repeal by Pub. L. 10240, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7464 of this title.
Amendments2008—Subsec. (c)(1). Pub. L. 110387 substituted “16” for “15” in introductory provisions. 2006—Pub. L. 109233, § 202(a)(2), amended section catchline generally, substituting “Advisory Committee on Veterans Employment, Training, and Employer Outreach” for “Advisory Committee on Veterans Employment and Training”. Subsec. (a)(1). Pub. L. 109233, § 202(a)(1), substituted “Advisory Committee on Veterans Employment, Training, and Employer Outreach” for “Advisory Committee on Veterans Employment and Training”. Subsec. (a)(2). Pub. L. 109233, § 202(b), inserted “and their integration into the workforce” after “veterans” in subpar. (A), added subpars. (C) and (D), and redesignated former subpar. (C) as (E). Subsec. (c)(1). Pub. L. 109233, § 202(c)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “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.” Subsec. (c)(1)(A). Pub. L. 109461 substituted “Seven” for “Six” in introductory provisions and added cl. (vii). Subsec. (d)(3) to (12). Pub. L. 109233, § 202(c)(2), struck out pars. (3), (4), (8), and (10) to (12) which related to certain ex officio, nonvoting members of the advisory committee and redesignated pars. (5) to (7) and (9) as (3) to (6), respectively. Subsec. (f)(1). Pub. L. 109233, § 202(d)(1), substituted first sentence for former first sentence which read “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.” Subsec. (f)(1)(A). Pub. L. 109233, § 202(d)(2), inserted “and their integration into the workforce” after “veterans”. Subsec. (f)(1)(B) to (F). Pub. L. 109233, § 202(d)(3)(6), added subpars. (B), (D), and (E), and redesignated former subpars. (B) and (C) as (C) and (F), respectively. 1994—Subsec. (c)(1). Pub. L. 103446, § 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. 103446, § 1201(a)(5), substituted “Administrator of the Small Business Administration” for “Secretary of the Small Business Administration”. Subsec. (e)(3)(B). Pub. L. 103446, § 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. 102568 struck out “are chartered by Federal law and” after “that”. 1991—Pub. L. 10283, § 5(a), renumbered section 2010 of this title as this section. Pub. L. 10216 amended section generally, substituting present catchline and text consisting of subsecs. (a) to (h) for former catchline which read “Secretary of Labors Committee on Veterans Employment” and former text consisting of subsecs. (a) to (c). Subsec. (d)(9). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1989—Subsec. (b)(1)(A). Pub. L. 101237 substituted “Secretary of Veterans Affairs” for “Administrator”. 1988—Subsec. (b). Pub. L. 100323, § 15(b)(1), inserted “and Training” after “for Veterans Employment”. Pub. L. 100323, § 15(a)(3), substituted “Notwithstanding section 2002A(b) of this title, the” for “The”. Pub. L. 100323, § 15(a)(2), struck out “of Labor” after “Secretary” in first sentence. Subsec. (b)(1)(D) to (I). Pub. L. 100323, § 10, added subpars. (D), (H), and (I) and redesignated former subpars. (D) to (F) as (E) to (G), respectively.
Statutory Notes and Related Subsidiaries
Change of Name Pub. L. 109233, title II, § 202(a)(4), June 15, 2006, 120 Stat. 403, provided that: “Any reference to the Advisory Committee established under section 4110 of such title [this title] in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Advisory Committee on Veterans Employment, Training, and Employer Outreach.”
Effective Date of 1988 AmendmentAmendment by section 10 of Pub. L. 100323 effective on 60th day after May 20, 1988, and amendment by section 15(a)(2), (3), (b)(1) of Pub. L. 100323 effective May 20, 1988, see section 16(b)(2) of Pub. L. 100323, set out as a note under section 3104 of this title.
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of reporting provisions in subsec. (g) of this section, see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 125 of House Document No. 1037.
Termination of Advisory CommitteesAdvisory 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 1013 of Title 5, Government Organization and Employees.
@@ -0,0 +1,71 @@
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# 38 U.S.C. § 4110A - Special unemployment study
## Text
(a) (1) The Secretary, through the Bureau of Labor Statistics, shall conduct an annual study of unemployment among each of the following categories of veterans:
(A) Veterans who were called to active duty while members of the National Guard or a Reserve Component.
(B) Veterans who served in combat or in a war zone in the Post 9/11 Global Operations theaters.
(C) Veterans who served on active duty during the Post 9/11 Global Operations period who did not serve in the Post 9/11 Global Operations theaters.
(D) Veterans of the Vietnam era who served in the Vietnam theater of operations during the Vietnam era.
(E) Veterans who served on active duty during the Vietnam era who did not serve in the Vietnam theater of operations.
(F) Veterans discharged or released from active duty within four years of the applicable study.
(G) Special disabled veterans.
(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).
(c) In this section:
(1) The term “Post 9/11 Global Operations period” means the period of the Persian Gulf War beginning on September 11, 2001, and ending on the date thereafter prescribed by Presidential proclamation or law.
(2) The term “Post 9/11 Global Operations theaters” means Afghanistan, Iraq, or any other theater in which the Global War on Terrorism Expeditionary Medal is awarded for service.
(Added Pub. L. 100323, § 9(a), May 20, 1988, 102 Stat. 566, § 2010A; renumbered § 4110A, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. L. 103446, title VII, § 701(c), Nov. 2, 1994, 108 Stat. 4674; Pub. L. 105368, title X, § 1005(b)(14), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 110389, title III, § 317, Oct. 10, 2008, 122 Stat. 4167.)
## Notes
Editorial Notes
Amendments2008—Subsec. (a)(1). Pub. L. 110389, § 317(a), substituted “an annual study” for “a study every two years” in introductory provisions, added subpars. (A) to (G), and struck out former subpars. (A) to (E) which read as follows: “(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.” Subsec. (c). Pub. L. 110389, § 317(b), added subsec. (c). 1998—Subsec. (a)(3). Pub. L. 105368, § 1005(b)(14)(B), redesignated par. (3) as subsec. (b). Subsec. (b). Pub. L. 105368 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. 103446 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. 10283 renumbered section 2010A of this title as this section.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on 60th day after May 20, 1988, see section 16(b)(2) of Pub. L. 100323, set out as an Effective Date of 1988 Amendment note under section 3104 of this title.
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of reporting provisions in subsec. (b) of this section, see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 125 of House Document No. 1037.
@@ -0,0 +1,47 @@
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# 38 U.S.C. § 4110B - Coordination and nonduplication
## Text
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 the Workforce Innovation and Opportunity Act that includes the descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce Innovation and Opportunity Act and a description of how the State board will carry out the activities described in section 101(d)(3)(F) of such Act.
(Added Pub. L. 105220, title III, § 322, Aug. 7, 1998, 112 Stat. 1087; amended Pub. L. 109233, title V, § 503(13), June 15, 2006, 120 Stat. 417; Pub. L. 113128, title V, § 512(gg)(4), July 22, 2014, 128 Stat. 1719.)
## Notes
Editorial Notes
References in TextThe Workforce Innovation and Opportunity Act, referred to in text, is Pub. L. 113128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. Sections 101(d)(3)(F), 102(b)(2)(B)(ii), and 103(b)(3)(A) of the Act are classified to sections 3111(d)(3)(F), 3112(b)(2)(B)(ii), and 3113(b)(3)(A), respectively, of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.
Amendments2014—Pub. L. 113128 substituted “enter into an agreement with the Secretary regarding the implementation of the Workforce Innovation and Opportunity Act that includes the descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce Innovation and Opportunity Act and a description of how the State board will carry out the activities described in section 101(d)(3)(F) of such Act” for “enter into an agreement with the Secretary regarding the implementation of the Workforce Investment Act of 1998 that includes the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b))”. 2006—Pub. L. 109233 substituted “implementation of the Workforce Investment Act of 1998” for “implementation of this Act” and inserted “(29 U.S.C. 2822(b))” before period at end.
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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# 38 U.S.C. § 4111 - Repealed. Pub. L. 10795, § 5(e)(3), Dec. 21, 2001, 115 Stat. 918]
## Notes
Section, added Pub. L. 106117, title IX, § 901(a), Nov. 30, 1999, 113 Stat. 1586, related to homeless veterans reintegration programs.
Editorial Notes
Prior ProvisionsPrior section 4111, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1247; Pub. L. 87793, § 804, Oct. 11, 1962, 76 Stat. 861; Pub. L. 89785, title I, § 108, Nov. 7, 1966, 80 Stat. 1370; Pub. L. 98160, title II, § 206, Nov. 21, 1983, 97 Stat. 1001, related to appointment of additional employees, prior to repeal by Pub. L. 10240, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7408 of this title.
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# 38 U.S.C. § 4112 - Performance incentive awards for quality employment, training, and placement services
## Text
(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 and employment service offices 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 11 See References in Text note below. 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) Administration and Use of Awards.— 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;
(2) in the case of such an award made to an eligible employee, shall be in addition to the regular pay of the recipient; and
(3) in the case of such an award made to an employment service office, may be used by that employment service office for any purpose.
(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 1 or through an employment service delivery system (as defined in section 4101(7) of this title).
(Added Pub. L. 107288, § 3(a), Nov. 7, 2002, 116 Stat. 2037; amended Pub. L. 109461, title VI, § 603, Dec. 22, 2006, 120 Stat. 3437.)
## Notes
Editorial Notes
References in TextThe Workforce Investment Act of 1998, referred to in subsecs. (a)(2) and (d)(3), is Pub. L. 105220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113128, July 22, 2014, 128 Stat. 1425. For complete classification of the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
Prior ProvisionsA prior section 4112, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1247; Pub. L. 89785, title I, § 109(a), Nov. 7, 1966, 80 Stat. 1370; Pub. L. 9382, title II, § 205(b), Aug. 2, 1973, 87 Stat. 192; Pub. L. 94581, title I, § 110(8), title II, §§ 209(b)(3), 210(c)(6), Oct. 21, 1976, 90 Stat. 2849, 2861, 2864; Pub. L. 96151, title III, § 305, Dec. 20, 1979, 93 Stat. 1096; Pub. L. 96330, title I, § 115, Aug. 26, 1980, 94 Stat. 1039; Pub. L. 98223, title II, § 209, Mar. 2, 1984, 98 Stat. 44; Pub. L. 100322, title II, § 224, May 20, 1988, 102 Stat. 532, related to special medical advisory group and other advisory bodies, prior to repeal by Pub. L. 10240, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See sections 7312 and 7313 of this title.
Amendments2006—Subsec. (a)(1)(B). Pub. L. 109461, § 603(a)(1), inserted “and employment service offices” after “recognize eligible employees”. Subsec. (c). Pub. L. 109461, § 603(b), substituted “Administration and Use of Awards” for “Relationship of Award to Grant Program and Employee Compensation” as heading. Subsec. (c)(2). Pub. L. 109461, § 603(a)(2)(B)(i), substituted “in the case of such an award made to an eligible employee, shall be” for “is”. Subsec. (c)(3). Pub. L. 109461, § 603(a)(2)(A), (B)(ii), (C), added par. (3).
@@ -0,0 +1,59 @@
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# 38 U.S.C. § 4113 - Transition Assistance Program personnel
## Text
(a) Requirement to Contract.— In accordance with section 1144 of title 10, the Secretary shall enter into a contract with an appropriate private entity or entities to provide the functions described in subsection (b) at all locations where the program described in such section is carried out.
(b) Functions.— Contractors under subsection (a) shall provide to members of the Armed Forces who are being separated from active duty (and the spouses of such members) the services described in section 1144(a)(1) of title 10, including the following:
(1) Counseling.
(2) Assistance in identifying employment and training opportunities and help in obtaining such employment and training.
(3) Assessment of academic preparation for enrollment in an institution of higher learning or occupational training.
(4) Other related information and services under such section.
(5) Such other services as the Secretary considers appropriate.
(Added Pub. L. 108183, title III, § 309(a)(1), Dec. 16, 2003, 117 Stat. 2663; amended Pub. L. 109233, title IV, § 402(e)(2), June 15, 2006, 120 Stat. 411; Pub. L. 11256, title II, § 223(a)(1), Nov. 21, 2011, 125 Stat. 717.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 4113, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1247; Pub. L. 89785, title I, § 110, Nov. 7, 1966, 80 Stat. 1371; Pub. L. 94581, title I, § 110(9), title II, § 209(a)(5), (c)(5), Oct. 21, 1976, 90 Stat. 2849, 2860, 2862, related to travel expenses of employees prior to repeal by Pub. L. 10240, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7424 of this title.
Amendments2011—Pub. L. 11256 amended section generally. Prior to amendment, section related to outstationing of Transition Assistance Program personnel. 2006—Subsec. (a)(2). Pub. L. 109233 substituted “section 6304(a)” for “section 7723(a)”.
Statutory Notes and Related Subsidiaries
Deadline for ImplementationPub. L. 11256, title II, § 223(b), Nov. 21, 2011, 125 Stat. 718, provided that: “The Secretary of Labor shall enter into the contract required by section 4113 of title 38, United States Code, as added by subsection (a), not later than two years after the date of the enactment of this Act [Nov. 21, 2011].” Pub. L. 108183, title III, § 309(b), Dec. 16, 2003, 117 Stat. 2663, provided that: “Not later than 90 days after the date of the enactment of this Act [Dec. 16, 2003], the Secretary of Labor shall implement section 4113 of title 38, United States Code, as added by subsection (a), and shall have employees of the Veterans Employment and Training Service, or contractors, to carry out that section at the military installations involved by such date.”
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# 38 U.S.C. § 4115 - Longitudinal study of job counseling, training, and placement service for veterans
## Text
(a) Study Required.— (1) The Secretary shall enter into a contract with a non-government entity to conduct a longitudinal study of a statistically valid sample of each of the groups of individuals described in paragraph (2). The contract shall provide for the study of each such group over a period of at least 5 years.
(2) The groups of individuals described in this paragraph are the following:
(A) Veterans who have received intensive services.
(B) Veterans who did not receive intensive services but who otherwise received services under this chapter.
(C) Veterans who did not seek or receive services under this chapter.
(3) The study required by this subsection shall include the collection of the following information for each individual who participates in the study:
(A) The average number of months such individual served on active duty.
(B) The disability ratings of such individual.
(C) Any unemployment benefits received by such individual.
(D) The average number of months such individual was employed during the year covered by the report.
(E) The average annual starting and ending salaries of any such individual who was employed during the year covered by the report.
(F) The average annual income of such individual.
(G) The average total household income of such individual for the year covered by the report.
(H) The percentage of such individuals who own their principal residences.
(I) The employment status of such individual.
(J) In the case of such an individual who received services under this chapter, whether the individual believes that any service provided by a disabled veterans outreach program specialist or local veterans employment representative helped the individual to become employed.
(K) In the case of such an individual who believes such a service helped the individual to become employed, whether—
(i) the individual retained the position of employment for a period of 1 year or longer; and
(ii) the individual believes such a service helped the individual to secure a higher wage or salary.
(L) The conditions under which such individual was discharged or released from the Armed Forces.
(M) Whether such individual has used any educational assistance to which the individual is entitled under this title.
(N) Whether such individual has participated in a rehabilitation program under chapter 31 of this title.
(O) Whether such individual had contact with a One-Stop Career Center employee while attending a workshop or job fair under the Transition GPS Program of the Department of Defense.
(P) Demographic information about such individual.
(Q) Such other information as the Secretary determines appropriate.
(b) Annual Report.— (1) By not later than July 1 of each year covered by the study required under subsection (a), the Secretary shall submit to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives a report on the outcomes of the study during the preceding year.
(2) The Secretary shall include in each report submitted under paragraph (1) the following:
(A) Information with respect to job fairs attended by One-Stop Career Center employees at which the employees had contact with a veteran, including, for the year preceding the year in which the report is submitted, the following:
(i) The number of job fairs attended by One-Stop Career Center employees at which the employees had contact with a veteran.
(ii) The number of veterans contacted at each such job fair.
(B) Such information as the Secretary determines is necessary to determine the long-term outcomes of the individuals in the groups described in subsection (a)(2).
(Added Pub. L. 114315, title V, § 502(a), Dec. 16, 2016, 130 Stat. 1566.)