§ 4102. Purpose

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 4102

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1217, § 2011

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1217, § 2011

2. 1966

   Veterans

   Pub. L. 89–358 § 6(c) · 80 Stat. 12

   Inserted · 38 U.S.C. § 4102

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (c) (1) Section 2001 of title 38, United States Code, clauses (3) and 76 Stat. 558. (5) of section 2002 of such title, and sections 2003 and 2004 of such title are amended by inserting the phrase “or of service after January 31, 1955” immediately after the phrase “veterans of any war” each time such phrase appears therein. (2) The first sentence of section 2002 of such title 38 is amended by inserting the phrase “or of service after January 31, 1955” immediately after the phrase “veteran of any war”. (3) Clauses (1) and (4) of section 2002 of such title 38 are amended by inserting the phrase “or of service after January 31, 1955,” immediately after the phrase “veterans of any war” each time such phrase appears in such clauses.

3. 1972

   Veterans’ Employment and Readjustment Act of 1972

   Pub. L. 92–540 title V § 502(a) · 86 Stat. 1074

   Substituted · 38 U.S.C. § 4102

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Chapter 41 of title 38, United States Code, is amended to read as follows: “Chapter 41.— JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS “Sec. “2001. Definitions. “2002. Purpose. “2003. Assignment of veterans’ employment representative. “2004. Employees of local offices. “2005. Cooperation of Federal agencies. “2006. Estimate of funds for administration; authorization of appropriations. “2007. Administrative controls; annual report. “2008. Cooperation and coordination with the Veterans’ Administration. “§2001. Definitions “For the purposes of this chapter— “(1) The term ‘eligible veteran’ means 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. “(2) 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, and the Trust Territory of the Pacific Islands. “§2002. Purpose “The Congress declares as its intent and purpose that there shall be an effective (1) job and job training counseling service program, (2) employment placement service program, and (3) job training placement service program for eligible veterans and that, to this end policies shall be promulgated and administered through a Veterans Employment Service within the Department of Labor, so as to provide such veterans the maximum of employment and training opportunities through existing programs, coordination and merger of programs and implementation of new programs. “§2003. Assignment of veterans’ employment representative “The Secretary of Labor shall assign to each State a representative of the Veterans’ Employment Service to serve as the veterans’ employment representative, and shall further assign to each State one assist-ant veterans’ employment representative per each 250,000 veterans of the State veterans population, and such additional assistant veterans’ employment representatives as he shall determine, based on the data Post, p. 1096. collected pursuant to section 2007 of this title, to be necessary to assist the veterans’ employment representative to carry out effectively in that State the purposes of this chapter. Each veterans’ employment representative and assistant veterans’ employment representative shall be an eligible veteran who at the time of appointment shall have been a bona fide resident of the State for at least two years and who shall be appointed in accordance with the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 of subchapter III of chapter 53 of such title, relating to classification and 80 Stat. 443, 467. 5 USC 5101, 5331. general schedule pay rates. Each such veterans’ employment representative and assistant veterans’ employment representative shall be attached to the staff of the public employment service in the State to which they have been assigned. They shall be administratively responsible to the Secretary of Labor for the execution of the Secretary’s veterans’ counseling and placement policies through the public employment service and in cooperation with manpower and training programs administered by the Secretary in the State. In cooperation with the public employment service staff and the staffs of each such other program in the State, the veterans’ employment representative and his assistants shall— “(1) be functionally responsible for the supervision of the registration of eligible veterans in local employment offices for suitable types of employment and training and for counseling and placement of eligible veterans in employment and job training programs; “(2) engage in job development and job advancement activities for eligible veterans, including maximum coordination with appropriate officials of the Veterans’ Administration in that agency’s carrying out of its responsibilities under subchapter IV of chapter 3 of this title and in the conduct of job fairs, job marts, 84 Stat. 84. 38 USC 240. and other special programs to match eligible veterans with appropriate job and job training opportunities; “(3) assist in securing and maintaining current information as to the various types of available employment and training opportunities, including maximum use of electronic data processing and telecommunications systems and the matching of an eligible veteran’s particular qualifications with an available job or on-job training or apprenticeship opportunity which is commensurate with those qualifications; “(4) promote the interest of employers and labor unions in employing eligible veterans and in conducting on-job training and apprenticeship programs for such veterans; “(5) maintain regular contact with employers, labor unions, training programs and veterans’ organizations with a view to keeping them advised of eligible veterans available for employment and training and to keeping eligible veterans advised of opportunities for employment and training; and “(6) assist in every possible way in improving working conditions and the advancement of employment of eligible veterans. “§2004. Employees of local offices “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, 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 his assistants. “§2005. Cooperation of Federal agencies “All Federal agencies shall furnish the Secretary of Labor such records, statistics, or information as he 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. “§2006. Estimate of funds for administration; authorization of appropriations “(a) The Secretary of Labor shall estimate the funds necessary for the proper and efficient administration of this chapter. 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 counseling, placement, and training services to veterans provided by the various State public-employment service agencies shall be separately identified in the budgets of those agencies as approved by the Department of Labor. “(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, except with the approval of the Secretary of Labor based on a demonstrated lack of need for such funds for such purposes. “§2007. Administrative controls; annual report “(a) The Secretary of Labor shall establish administrative controls for the following purposes: “(1) To insure that each eligible veteran, especially those veterans who have been recently discharged or released from active duty, 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 his employment prospects substantially, such as individual job development or employment counseling 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 of Labor to be inadequate. “(b) 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, the number of recently discharged or released eligible veterans, veterans with service-connected disabilities, and other eligible veterans 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 under appropriate Federal law. The report shall also include any determination by the Secretary under section 2004 or 2006 of this title and a statement of the reasons for such determination. “§2008. Cooperation and coordination with the Veterans’ Administration “In carrying out his responsibilities under this chapter, the Secretary of Labor shall from time to time consult with the Administrator’ and keep him 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 Veterans’ Administration.”

4. 1974

   Vietnam Era Veterans’ Readjustment Assistance Act of 1974

   Pub. L. 93–508 title IV § 401(b) · 88 Stat. 1578

   1. Substituted · 38 U.S.C. § 4102

      Pub. L. 93–508 substituted “eligible veterans and eligible persons” for “eligible veterans”

   2. Substituted · 38 U.S.C. § 4102

      Pub. L. 93–508 substituted “to provide such veterans and persons” for “to provide such veterans”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (b) Section 2002 is amended by (1) inserting “and eligible persons” after “eligible veterans” and (2) inserting “and persons” after “such veterans”.

5. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 title VI § 601(a) · 90 Stat. 2383

   Inserted · 38 U.S.C. § 4102

   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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (a) Section 2002 of title 38, United States Code, is amended by inserting “by a Deputy Assistant Secretary of Labor for Veterans’ Employment, established by section 2002A of this title,” after “promulgated and administered”.

6. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 title V § 504(a)(2) · 94 Stat. 2171

   Struck · 38 U.S.C. § 4102

   Pub. L. 96–466 struck out “Deputy” before “Assistant Secretary”

   Source evidence

   Code amendment note
   Pub. L. 96–466 struck out “Deputy” before “Assistant Secretary”.

   Enacted provision · exact public law section
   (2) striking out “Deputy” before “Assistant Secretary” in section 2002; 38 USC 2002. 38 USC 2002A.

7. 1982

   Veterans’ Compensation, Education, and Employment Amendments of 1982

   Pub. L. 97–306 title III § 302 · 96 Stat. 1429

   1. Inserted · 38 U.S.C. § 4102

      Pub. L. 97–306 inserted “and regulations” after “to this end policies”

   2. Inserted · 38 U.S.C. § 4102

      Pub. L. 97–306 inserted “, with priority given to the needs of disabled veterans and veterans of the Vietnam era” after “opportunities”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 302. purpose of jobs training programs Section 2002 is amended— 38 USC 2002. (1) by inserting “and regulations” after “to this end policies”; and (2) by inserting a comma and “with priority given to the needs of disabled veterans and veterans of the Vietnam era” after “opportunities”.

8. 1983

   Veterans’ Health Care Amendments of 1983

   Pub. L. 98–160 title VII § 702(15) · 97 Stat. 993

   Substituted · 38 U.S.C. § 4102

   Pub. L. 98–160 substituted “an Assistant” for “a Assistant”

   Source evidence

   Code amendment note
   Pub. L. 98–160 substituted “an Assistant” for “a Assistant”.

   Enacted provision · exact public law section
   (15) Sections 2002 and 2002A are each amended by striking out “a Assistant” and inserting in lieu thereof “an Assistant”.

9. 1988

   Veterans’ Employment, Training, and Counseling Amendments of 1988

   Pub. L. 100–323 § 15(b)(1) · 102 Stat. 556

   1. Inserted · 38 U.S.C. § 4102

      Pub. L. 100–323 inserted “and Training” after “for Veterans’ Employment”

   2. Substituted · 38 U.S.C. § 4102

      Pub. L. 100–323 substituted “Veterans’ Employment and Training Service” for “Veterans Employment Service”

   Source evidence

   Code amendment note
   Pub. L. 100–323 inserted “and Training” after “for Veterans’ Employment” and substituted “Veterans’ Employment and Training Service” for “Veterans Employment Service”.

   Enacted provision · exact public law section
   (1) Sections 2000(2), 2002, 2002A, and 2010(b) are amended by inserting “and Training” after “Assistant Secretary of Labor for Veterans’ Employment” each place it appears.

10. 1991

    Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Substituted · 38 U.S.C. § 4102

    Pub. L. 102–83 renumbered section 2002 of this title as this section and substituted “4102A” for “2002A”

    Source evidence

    Code amendment note
    Pub. L. 102–83 renumbered section 2002 of this title as this section and substituted “4102A” for “2002A”.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

11. 2002

    Jobs for 38 usc 101 note. Veterans Act

    Pub. L. 107–288 § 5(a)(1)(B) · 116 Stat. 2033

    Substituted · 38 U.S.C. § 4102

    Pub. L. 107–288, § 5(a)(1)(B), substituted “job and job training intensive services program,” for “job and job training counseling service program,”

    Source evidence

    Code amendment note
    Pub. L. 107–288, § 5(a)(1)(B), substituted “job and job training intensive services program,” for “job and job training counseling service program,”.

    Enacted provision · exact public law section
    (B) Section 4102 is amended by striking “job and job training counseling service program,” and inserting “job and job training intensive services program,”.

    Effective date note
    Pub. L. 107–288, § 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].”

12. 2002

    Jobs for 38 usc 101 note. Veterans Act

    Pub. L. 107–288 § 5(b)(1) · 116 Stat. 2033

    1. Substituted · 38 U.S.C. § 4102

       Pub. L. 107–288, § 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”

    2. Inserted · 38 U.S.C. § 4102

       Pub. L. 107–288, § 5(b)(1), 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”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 107–288, § 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”.

    Enacted provision · exact public law section
    (1) (A) Section 4102 is amended by striking the period and inserting “, 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.”. (B) Such section is further amended by striking “and veterans of the Vietnam era” and inserting “and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized”.

    Effective date note
    Pub. L. 107–288, § 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].”

15 of 16 references resolved to an enrolled provision · 1 partial