§ 4103. Directors and Assistant Directors for Veterans’ Employment and Training; additional Federal personnel

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. § 4103

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1218, § 2012

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1218, § 2012

2. 1966

   Veterans

   Pub. L. 89–358 § 6(c)(1) · 80 Stat. 12

   Inserted · 38 U.S.C. § 4103

   Pub. L. 89–358 inserted “or of service after January 31, 1955” after “veterans of any war”

   Source evidence

   Code amendment note
   Pub. L. 89–358 inserted “or of service after January 31, 1955” after “veterans of any war”.

   Enacted provision · exact public law section
   (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.

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. § 4103

   Pub. L. 92–540 substituted provisions relating to the assignment of veterans’ employment representatives for provisions relating to the assignment of employees of local offices. See section 2004 of this title

   Source evidence

   Code amendment note
   Pub. L. 92–540 substituted provisions relating to the assignment of veterans’ employment representatives for provisions relating to the assignment of employees of local offices. See section 2004 of this title.

   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(c) · 88 Stat. 1578

   1. Substituted · 38 U.S.C. § 4103

      Pub. L. 93–508 substituted “250,000 veterans and eligible persons of the State” for “250,000 veterans of the State”

   2. Substituted · 38 U.S.C. § 4103

      Pub. L. 93–508 substituted “Secretary’s veterans’ and eligible persons’ counseling and placement policies” for “Secretary’s veterans’ counseling and placement policies”

   3. Substituted · 38 U.S.C. § 4103

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

   4. Substituted · 38 U.S.C. § 4103

      Pub. L. 93–508 substituted “eligible veteran’s or an eligible person’s” for “eligible veteran’s”

   5. Substituted · 38 U.S.C. § 4103

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

   Source evidence

   Code amendment note
   Pub. L. 93–508 substituted “250,000 veterans and eligible persons of the State” for “250,000 veterans of the State”, and “Secretary’s veterans’ and eligible persons’ counseling and placement policies” for “Secretary’s veterans’ counseling and placement policies”, and in cls. (1), (2), (4), (5), and (6) of the fifth sentence substituted “eligible veterans and eligible persons” for “eligible veterans”, in cl. (3) substituted “eligible veteran’s or an eligible person’s” for “eligible veteran’s”, and in cl. (4) substituted “such veterans and persons” for “such veterans”.

   Enacted provision · exact public law section
   (c) Section 2003 is amended by— (1) striking out in the first sentence “250,000 veterans” and inserting in lieu thereof “250,000 veterans and eligible persons”; (2) striking out in the fourth sentence “veterans’” and inserting in lieu thereof “veterans’ and eligible persons’”; (3) inserting in clauses (1), (2), (4), (5), and (6) of the fifth sentence “and eligible persons” after “eligible veterans” each time the latter term appears in such clauses; (4) inserting in clause (3) of the fifth sentence “or an eligible person’s” after “eligible veteran’s”; and (5) inserting in clause (4) of the fifth sentence “and persons” after “such veterans”.

5. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 title VI · 90 Stat. 2383

   1. Substituted · 38 U.S.C. § 4103

      Pub. L. 94–502 substituted “the Secretary shall determine” for “he shall determine”

   2. Substituted · 38 U.S.C. § 4103

      Pub. L. 94–502 substituted “such representative’s” for “his”

   3. Substituted · 38 U.S.C. § 4103

      Pub. L. 94–502 substituted “administered by the Secretary or by prime sponsors under the Comprehensive Employment and Training Act” for “administered by the Secretary”

   4. Added · 38 U.S.C. § 4103

      Pub. L. 94–502 added cl. (6)

   5. Redesignated · 38 U.S.C. § 4103

      Pub. L. 94–502 redesignated former cl. (6) as (7)

   Source evidence

   Code amendment note
   Pub. L. 94–502 substituted “the Secretary shall determine” for “he shall determine”, “such representative’s” for “his”, “administered by the Secretary or by prime sponsors under the Comprehensive Employment and Training Act” for “administered by the Secretary”, added cl. (6), and redesignated former cl. (6) as (7).

   Enacted provision · exact public law
   TITLE VI— VETERANS’ EMPLOYMENT ASSISTANCE PROVISIONS Sec. 601. (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”. (b) Chapter 41 of title 38, United States Code, is amended by— (1) adding after section 2002 a new section as follows: “§ 2002A. Deputy Assistant Secretary of Labor for Veterans’ Employment “There is established within the Department of Labor a Deputy Assistant Secretary of Labor for Veterans’ Employment, appointed by the President by and with the advice and consent of the Senate, who shall be the principal advisor to the Secretary of Labor with respect to the formulation and implementation of all departmental policies and procedures to carry out (1) the purposes of this chapter, 38 USC 2010, 2021. chapter 42, and chapter 43 of this title, and (2) all other Department of Labor employment, unemployment, and training programs to the extent they affect veterans.”; and (2) amending the table of sections at the beginning of chapter 41 of such title by inserting “2002A. Deputy Assistant Secretary of Labor for Veterans’ Employment. after “2002. Purposes.”. (c) Section 104(a) of the Emergency Jobs and Unemployment Assistance Act of 1974 (Public Law 93–567) is repealed. Sec. 602. Section 2003 of title 38, United States Code, is amended— (1) by inserting in the fourth sentence “or by prime sponsors 29 USC 801 note. under the Comprehensive Employment and Training Act” after “programs administered by the Secretary”; (2) by striking out “and” at the end of clause (5); and (3) by redesignating clause (6) as clause (7) and inserting new clause (6) as follows: “(6) promote the participation of veterans in Comprehensive Employment and Training Act programs and monitor the implementation and operation of Comprehensive Employment and Training Act programs to assure that eligible, veterans receive special consideration when required; and”. Sec. 603. Section 2006 (a) of title 38, United States Code, is amended by inserting in the last sentence “each” after “shall”. Sec. 604. Section 2007 of title 38, United States Code, is amended— (1) by striking out in subsection (a)(1) “his” and inserting in lieu thereof “such veteran’s and eligible person’s”; (2) by inserting in the second sentence of subsection (c) “and public service employment” after “occupational training”; and (3) by striking out in the last sentence of subsection (c) “or 2006” and inserting in lieu thereof “, 2006, or 2007 (a) ”. Sec. 605. Section 2012 of title 38, United States (.’ode, is amended by adding at the end thereof a new subsection (c) as follows: “(c) The Secretary shall include as part of the annual report required by section 2007(c) of this title the number of complaints filed pursuant to subsection (b) of this section, the actions taken thereon and the resolutions thereof. Such report shall also include the number of contractors listing suitable employment openings, the nature, types, and number of positions listed and the number of veterans receiving priority pursuant to subsection (a)(2) of this section.”. Sec. 606. Chapter 41 of title 38; United States Code, is amended— (1) by striking out in section 2003 “he” and “his” and inserting 38 USC 2003. in lieu thereof “the Secretary” and “such representative’s”, respectively; (2) by striking out in section 2004 “his” and inserting in lieu 38 USC 2004. thereof “such representative's” and by inserting “or eligible persons” after “eligible veterans”; (3) by striking out in section 2005 “he” and inserting in lieu 38 USC 2005. thereof “the Secretary”; and (4) by striking out in section 2008 “his” and “him” and 38 USC 2008. inserting in lieu thereof “the Secretary’s” and “the Administrator”, respectively. Sec. 607. Chapter 42 of title 38, United States Code, is amended— (1) by striking out in section 2011(2) “his” and inserting 38 USC 2011. in lieu thereof “the person’s”; and (2) by striking out in the first sentence of section 2012(b) “his” 38 USC 2012. and inserting in lieu thereof “the contractor’s”. Sec. 608. Chapter 43 of title 38, United States Code, is amended— (1) by striking out in section 2021(a) (2) (B) “his” each time 38 USC 2021. it appears and inserting in lieu thereof “the employer’s”; (2) by striking out in section 2021(b) (2) “his” and “he” and inserting in lieu thereof “the person’s” and “the person”, respectively ; and (3) by striking out in the sixth sentence of section 2024(d) 38 USC 2024. “his” each time it appears and inserting in lieu thereof “such employer’s”.

6. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 title V § 505 · 94 Stat. 2171

   1. Inserted · 38 U.S.C. § 4103

      Pub. L. 96–466 in provisions preceding par. (1) inserted “(and shall assign full-time clerical support to each such representative)” after “to serve as the veterans’ employment representative”

   2. Struck · 38 U.S.C. § 4103

      Pub. L. 96–466 in provisions preceding par. (1) struck out “, United States Code,” after “title 5”

   3. Substituted · 38 U.S.C. § 4103

      Pub. L. 96–466 in provisions preceding par. (1) substituted “employment and training programs” for “manpower and training programs”

   4. Inserted · 38 U.S.C. § 4103

      Pub. L. 96–466 in provisions preceding par. (1) inserted “system” after “public employment service” wherever appearing, and in par. (6) inserted “, disabled veterans, and veterans of the Vietnam era” after “eligible veterans”

   Source evidence

   Code amendment note
   Pub. L. 96–466 in provisions preceding par. (1) inserted “(and shall assign full-time clerical support to each such representative)” after “to serve as the veterans’ employment representative”, struck out “, United States Code,” after “title 5”, substituted “employment and training programs” for “manpower and training programs”, inserted “system” after “public employment service” wherever appearing, and in par. (6) inserted “, disabled veterans, and veterans of the Vietnam era” after “eligible veterans”.

   Enacted provision · exact public law section
   Sec. 505. clerical support for veterans’ employment representatives Section 2003 is amended by inserting “(and shall assign full-time clerical support to each such representative)” after employment representative” the first time such term appears in the first sentence.

7. 1982

   Pub. L. 97–295 § 4(70) · 96 Stat. 1287

   Substituted · 38 U.S.C. § 4103

   Pub. L. 97–295 substituted “chapter 51 and” for “chapter 51 of”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 97–295 substituted “chapter 51 and” for “chapter 51 of”.

   Enacted provision · exact public law section
   (70) Section 2003 is amended by striking out “chapter 51 of” and substituting “chapter 51 and”.

8. 1982

   Veterans’ Compensation, Education, and Employment Amendments of 1982

   Pub. L. 97–306 § 304(a)(1) · 96 Stat. 1429

   1. Struck · 38 U.S.C. § 4103

      Pub. L. 97–306, § 304(a)(1), struck out text that preceded cl. (1), which related to assignment, number, qualifications, pay, and administrative position of veterans’ employment representatives

   2. Inserted · 38 U.S.C. § 4103

      Pub. L. 97–306, § 304(a)(1), inserted in lieu thereof a revised section catchline and subsecs. (a) to (c) relating to State and Assistant State Directors for Veterans’ Employment

   Source evidence

   Code amendment note
   Pub. L. 97–306, § 304(a)(1), struck out text that preceded cl. (1), which related to assignment, number, qualifications, pay, and administrative position of veterans’ employment representatives, and inserted in lieu thereof a revised section catchline and subsecs. (a) to (c) relating to State and Assistant State Directors for Veterans’ Employment.

   Enacted provision · exact public law section
   (1) Section 2003 is amended by striking out the section 38 USC 2003. heading and all of the matter preceding clause (1) and inserting in lieu thereof the following: “§ 2003. State and Assistant State Directors for Veterans’ Employment “(a) The Secretary of Labor shall assign to each State a representative of the Veterans’ Employment Service to serve as the State Director for Veterans’ Employment, and shall assign full-time Federal clerical support to each such Director. The Secretary shall also assign to each State one Assistant State Director for Veterans’ Employment per each 250,000 veterans and eligible persons of the State veterans population and such additional Assistant State Directors for Veterans’ Employment as the Secretary shall determine, based on the data collected pursuant to section 2007 of this title, to be necessary to assist the State Director for Veterans’ Employment to carry out effectively in that State the purposes of this chapter. Full-time Federal clerical support personnel assigned to State Directors for Veterans’ Employment shall be appointed in accordance with the provisions of title 5 governing appointments in the competi-tive service and shall be paid in accordance with the provisions of 5 USC 5101 et seq., 5331. chapter 51 and subchapter III of chapter 53 of title 5. “(b) (1) Each State Director for Veterans’ Employment and Assistant State Director for Veterans’ Employment (A) shall be an eligible veteran who at the time of appointment has been a bona fide resident of the State for at least two years, and (B) shall be appointed in accordance with the provisions of title 5 governing appointments in the competitive service and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5. “(2) Each State Director for Veterans’ Employment and Assistant State Director for Veterans’ Employment shall be attached to the public employment service system of the State to which they are assigned. They shall be administratively responsible to the Secretary of Labor for the execution of the veterans’ and eligible persons’ counseling and placement policies of the Secretary through the public employment service system and in cooperation with other employment and training programs administered by the Secretary, by grantees of Federal or federally funded employment and training programs in the State, or directly by the State. “(c) In cooperation with the staff of the public employment service system and the staffs of each such other program in the State, the State Director for Veterans’ Employment and Assistant State Directors for Veterans’ Employment shall—”.

9. 1982

   Veterans’ Compensation, Education, and Employment Amendments of 1982

   Pub. L. 97–306 § 304(b) · 96 Stat. 1429

   Substituted · 38 U.S.C. § 4103(c)(6)

   Pub. L. 97–306, § 304(b), substituted provision of cl. (6) that the Director and Assistant Director promote and facilitate the participation of veterans in Federal and federally funded employment and training programs and directly monitor the implementation and operation of such programs to ensure that eligible veterans, veterans of the Vietnam era, disabled veterans, and eligible persons receive such priority or other special consideration in the provision of services as is required by law or regulation, for provision that they promote the participation of veterans in Comprehensive Employment and Training Act programs and monitor the implementation and operation of Comprehensive Employment and Training Act programs to assure that eligible veterans, disabled veterans, and veterans of the Vietnam era receive special consideration when required

   Source evidence

   Code amendment note
   Subsec. (c)(6). Pub. L. 97–306, § 304(b), substituted provision of cl. (6) that the Director and Assistant Director promote and facilitate the participation of veterans in Federal and federally funded employment and training programs and directly monitor the implementation and operation of such programs to ensure that eligible veterans, veterans of the Vietnam era, disabled veterans, and eligible persons receive such priority or other special consideration in the provision of services as is required by law or regulation, for provision that they promote the participation of veterans in Comprehensive Employment and Training Act programs and monitor the implementation and operation of Comprehensive Employment and Training Act programs to assure that eligible veterans, disabled veterans, and veterans of the Vietnam era receive special consideration when required.

   Enacted provision · exact public law section
   (b) Clause (6) of such section is amended to read as follows: “(6) promote and facilitate the participation of veterans in Federal and federally funded employment and training programs and directly monitor the implementation and operation of such programs to ensure that eligible veterans, veterans of the Vietnam era, disabled veterans, and eligible persons receive such priority or other special consideration in the provision of services as is required by law or regulation;”.

10. 1982

    Veterans’ Compensation, Education, and Employment Amendments of 1982

    Pub. L. 97–306 § 304(c) · 96 Stat. 1429

    Added · 38 U.S.C. § 4103(c)(8)(12)

    Pub. L. 97–306, § 304(c), added cls. (8) to (12)

    Source evidence

    Code amendment note
    Subsec. (c)(8) to (12). Pub. L. 97–306, § 304(c), added cls. (8) to (12).

    Enacted provision · exact public law section
    (c) Such section is further amended by striking out the period at the end of clause (7) and inserting in lieu thereof a semicolon and by adding at the end the following new clauses: “(8) supervise the listing of jobs and subsequent referrals of qualified veterans as required by section 2012 of this title; “(9) be responsible for ensuring that complaints of discrimination filed under such section are resolved in a timely fashion; “(10) working closely with appropriate Veterans’ Administration personnel engaged in providing counseling or rehabilitation 38 USC 1500 et seq. services under chapter 31 of this title, cooperate with employers to identify disabled veterans who have completed or are participating in a vocational rehabilitation training program under such chapter and who are in need of employment; “(11) cooperate with the staff of programs operated under section 612A of this title in identifying and assisting veterans who have readjustment problems and who may need employment placement assistance or vocational training assistance; and “(12) when requested by a Federal or State agency or a private employer, assist such agency or employer in identifying and acquiring prosthetic and sensory aids and devices which tend to enhance the employability of disabled veterans.”.

11. 1988

    Veterans’ Employment, Training, and Counseling Amendments of 1988

    Pub. L. 100–323 § 15(c)(3)(A) · 102 Stat. 556

    1. Substituted · 38 U.S.C. § 4103

       Pub. L. 100–323, § 15(c)(3)(A), substituted “Directors and Assistant Directors” for “State and Assistant State Directors”

    2. Inserted · 38 U.S.C. § 4103

       Pub. L. 100–323, § 15(c)(3)(A), inserted “and Training” after “for Veterans’ Employment” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 100–323, § 15(c)(3)(A), substituted “Directors and Assistant Directors” for “State and Assistant State Directors” and inserted “and Training” after “for Veterans’ Employment” in section catchline.

    Enacted provision · exact public law section
    (A) The heading of section 2003 is amended to read as follows: “§ 2003. Directors and Assistant Directors for Veterans’ Employment and Training”.

12. 1988

    Veterans’ Employment, Training, and Counseling Amendments of 1988

    Pub. L. 100–323 § 15(a)(2) · 102 Stat. 556

    Struck · 38 U.S.C. § 4103(a)

    Pub. L. 100–323, § 15(a)(2), struck out “of Labor” after “The Secretary” at beginning

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–323, § 15(a)(2), struck out “of Labor” after “The Secretary” at beginning.

    Enacted provision · exact public law section
    (2) Sections 2002A, 2003 (a) and (b)(2), 2005, 2006(a), 2007, 2008, and 2010(b) are amended by striking out “Secretary of Labor” each place it appears except where preceded by “Assistant” and inserting in lieu thereof “Secretary”.

13. 1988

    Veterans’ Employment, Training, and Counseling Amendments of 1988

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

    1. Substituted · 38 U.S.C. § 4103(a)

       Pub. L. 100–323, § 15(c)(1), substituted “Director for Veterans’ Employment and Training” for “State Director for Veterans’ Employment”

    2. Substituted · 38 U.S.C. § 4103(a)

       Pub. L. 100–323, § 15(c)(1), substituted “Assistant Director for Veterans’ Employment and Training” for “Assistant State Director for Veterans’ Employment”

    3. Substituted · 38 U.S.C. § 4103(a)

       Pub. L. 100–323, § 15(c)(1), substituted “Assistant Directors for Veterans’ Employment and Training” for “Assistant State Directors for Veterans’ Employment”

    4. Substituted · 38 U.S.C. § 4103(a)

       Pub. L. 100–323, § 15(c)(1), substituted “Directors for Veterans’ Employment and Training” for “State Directors for Veterans’ Employment”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–323, § 15(c)(1), substituted “Director for Veterans’ Employment and Training” for “State Director for Veterans’ Employment” in two places, “Assistant Director for Veterans’ Employment and Training” for “Assistant State Director for Veterans’ Employment”, “Assistant Directors for Veterans’ Employment and Training” for “Assistant State Directors for Veterans’ Employment”, and “Directors for Veterans’ Employment and Training” for “State Directors for Veterans’ Employment”.

    Enacted provision · exact public law section
    (1) Sections 2003 and 2003A(b)(2) are amended by striking out “State Director for Veterans’ Employment”, “State Directors for Veterans’ Employment”, “Assistant State Director for Veterans’ Employment” and “Assistant State Directors for Veterans’ Employment” each place those terms appear and inserting in lieu thereof “Director for Veterans’ Employment and Training”, “Directors for Veterans’ Employment and Training”, “Assistant Director for Veterans’ Employment and Training”, and “Assistant Directors for Veterans’ Employment and Training”, respectively.

14. 1988

    Veterans’ Employment, Training, and Counseling Amendments of 1988

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

    1. Substituted · 38 U.S.C. § 4103(b)(1)(A)

       Pub. L. 100–323, § 15(c)(1), substituted “Director for Veterans’ Employment and Training” for “State Director for Veterans’ Employment”

    2. Substituted · 38 U.S.C. § 4103(b)(1)(A)

       Pub. L. 100–323, § 15(c)(1), substituted “Assistant Director for Veterans’ Employment and Training” for “Assistant State Director for Veterans’ Employment”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 100–323, § 15(c)(1), substituted “Director for Veterans’ Employment and Training” for “State Director for Veterans’ Employment” and “Assistant Director for Veterans’ Employment and Training” for “Assistant State Director for Veterans’ Employment”.

    Enacted provision · exact public law section
    (1) Sections 2003 and 2003A(b)(2) are amended by striking out “State Director for Veterans’ Employment”, “State Directors for Veterans’ Employment”, “Assistant State Director for Veterans’ Employment” and “Assistant State Directors for Veterans’ Employment” each place those terms appear and inserting in lieu thereof “Director for Veterans’ Employment and Training”, “Directors for Veterans’ Employment and Training”, “Assistant Director for Veterans’ Employment and Training”, and “Assistant Directors for Veterans’ Employment and Training”, respectively.

15. 1988

    Veterans’ Employment, Training, and Counseling Amendments of 1988

    Pub. L. 100–323 § 5(1) · 102 Stat. 556

    1. Amended · 38 U.S.C. § 4103(b)(1)(A)

       Pub. L. 100–323, § 5(1)–(3), designated existing provisions as subpar. (A)

    2. Redesignated · 38 U.S.C. § 4103(b)(1)(A)

       Pub. L. 100–323, § 5(1)–(3), redesignated former cls. (A) and (B) as (i) and (ii), respectively

    3. Substituted · 38 U.S.C. § 4103(b)(1)(A)

       Pub. L. 100–323, § 5(1)–(3), substituted “, except as provided in subparagraph (B) of this paragraph, be a qualified veteran” for “be an eligible veteran” in cl. (i)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–323, § 5(1)–(3), designated existing provisions as subpar. (A), redesignated former cls. (A) and (B) as (i) and (ii), respectively, and substituted “, except as provided in subparagraph (B) of this paragraph, be a qualified veteran” for “be an eligible veteran” in cl. (i).

    Enacted provision · exact public law section
    (1) by inserting “(A)” after “(1)”;

16. 1988

    Veterans’ Employment, Training, and Counseling Amendments of 1988

    Pub. L. 100–323 § 5(4) · 102 Stat. 556

    Added · 38 U.S.C. § 4103(b)(1)(A)

    Pub. L. 100–323, § 5(4), added subpar. (B)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Subpar. (b)(1)(B). Pub. L. 100–323, § 5(4), added subpar. (B).

    Enacted provision · exact public law section
    (4) by adding at the end the following new subparagraph: “(B) If, in appointing a Director or Assistant Director for any State under this section, the Secretary determines that there is no qualified veteran available who meets the residency requirement in subparagraph (A)(i), the Secretary may appoint as such Director or Assistant Director any qualified veteran.”.

17. 1988

    Veterans’ Employment, Training, and Counseling Amendments of 1988

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

    1. Substituted · 38 U.S.C. § 4103(b)(2)

       Pub. L. 100–323, § 15(c)(1), substituted “Director for Veterans’ Employment and Training” for “State Director for Veterans’ Employment”

    2. Substituted · 38 U.S.C. § 4103(b)(2)

       Pub. L. 100–323, § 15(c)(1), substituted “Assistant Director for Veterans’ Employment and Training” for “Assistant State Director for Veterans’ Employment”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 100–323, § 15(c)(1), substituted “Director for Veterans’ Employment and Training” for “State Director for Veterans’ Employment” and “Assistant Director for Veterans’ Employment and Training” for “Assistant State Director for Veterans’ Employment”.

    Enacted provision · exact public law section
    (1) Sections 2003 and 2003A(b)(2) are amended by striking out “State Director for Veterans’ Employment”, “State Directors for Veterans’ Employment”, “Assistant State Director for Veterans’ Employment” and “Assistant State Directors for Veterans’ Employment” each place those terms appear and inserting in lieu thereof “Director for Veterans’ Employment and Training”, “Directors for Veterans’ Employment and Training”, “Assistant Director for Veterans’ Employment and Training”, and “Assistant Directors for Veterans’ Employment and Training”, respectively.

18. 1988

    Veterans’ Employment, Training, and Counseling Amendments of 1988

    Pub. L. 100–323 § 15(a)(2) · 102 Stat. 556

    Struck · 38 U.S.C. § 4103(b)(2)

    Pub. L. 100–323, § 15(a)(2), struck out “of Labor” after “to the Secretary”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–323, § 15(a)(2), struck out “of Labor” after “to the Secretary”.

    Enacted provision · exact public law section
    (2) Sections 2002A, 2003 (a) and (b)(2), 2005, 2006(a), 2007, 2008, and 2010(b) are amended by striking out “Secretary of Labor” each place it appears except where preceded by “Assistant” and inserting in lieu thereof “Secretary”.

19. 1988

    Veterans’ Employment, Training, and Counseling Amendments of 1988

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

    1. Substituted · 38 U.S.C. § 4103(c)

       Pub. L. 100–323, § 15(c)(1), substituted “Director for Veterans’ Employment and Training” for “State Director for Veterans’ Employment”

    2. Substituted · 38 U.S.C. § 4103(c)

       Pub. L. 100–323, § 15(c)(1), substituted “Assistant Directors for Veterans’ Employment and Training” for “Assistant State Directors for Veterans’ Employment”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–323, § 15(c)(1), substituted “Director for Veterans’ Employment and Training” for “State Director for Veterans’ Employment” and “Assistant Directors for Veterans’ Employment and Training” for “Assistant State Directors for Veterans’ Employment”.

    Enacted provision · exact public law section
    (1) Sections 2003 and 2003A(b)(2) are amended by striking out “State Director for Veterans’ Employment”, “State Directors for Veterans’ Employment”, “Assistant State Director for Veterans’ Employment” and “Assistant State Directors for Veterans’ Employment” each place those terms appear and inserting in lieu thereof “Director for Veterans’ Employment and Training”, “Directors for Veterans’ Employment and Training”, “Assistant Director for Veterans’ Employment and Training”, and “Assistant Directors for Veterans’ Employment and Training”, respectively.

20. 1988

    Veterans’ Employment, Training, and Counseling Amendments of 1988

    Pub. L. 100–323 § 7(a)(1) · 102 Stat. 556

    Inserted · 38 U.S.C. § 4103(c)(1)

    Pub. L. 100–323, § 7(a)(1), inserted “(A) functionally supervise the provision of services to eligible veterans and eligible persons by such system and such program and their staffs, and (B)” after “(1)” and “, including the program conducted under the Veterans’ Job Training Act (Public Law 98–77; 29 U.S.C. 1721 note)” after “programs”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 100–323, § 7(a)(1), inserted “(A) functionally supervise the provision of services to eligible veterans and eligible persons by such system and such program and their staffs, and (B)” after “(1)” and “, including the program conducted under the Veterans’ Job Training Act (Public Law 98–77; 29 U.S.C. 1721 note)” after “programs”.

    Enacted provision · exact public law section
    (1) in clause (1)— (A) by inserting “(A) functionally supervise the provision of services to eligible veterans and eligible persons by such system and such program and their staffs, and (B)” after “(1)”; and (B) by inserting “, including the program conducted under the Veterans’ Job Training Act (Public Law 98–77; 29 U.S.C. 1721 note)” after “programs”;

21. 1988

    Veterans’ Employment, Training, and Counseling Amendments of 1988

    Pub. L. 100–323 § 7(a)(2) · 102 Stat. 556

    Inserted · 38 U.S.C. § 4103(c)(2)

    Pub. L. 100–323, § 7(a)(2), inserted “and otherwise to promote the employment of eligible veterans and eligible persons” after “opportunities”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 100–323, § 7(a)(2), inserted “and otherwise to promote the employment of eligible veterans and eligible persons” after “opportunities”.

    Enacted provision · exact public law section
    (2) in clause (2), by inserting “and otherwise to promote the employment of eligible veterans and eligible persons” after “opportunities”;

22. 1988

    Veterans’ Employment, Training, and Counseling Amendments of 1988

    Pub. L. 100–323 § 7(a)(3) · 102 Stat. 556

    Added · 38 U.S.C. § 4103(c)(13)(15)

    Pub. L. 100–323, § 7(a)(3)–(5), added cls. (13) to (15)

    Source evidence

    Code amendment note
    Subsec. (c)(13) to (15). Pub. L. 100–323, § 7(a)(3)–(5), added cls. (13) to (15).

    Enacted provision · exact public law section
    (3) in clause (11), by striking out “and” at the end;

23. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 title IV § 423(b)(8)(B) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 4103(c)(2); 38 U.S.C. § 4103(c)(10)

    Pub. L. 101–237 substituted “Department of Veterans Affairs” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (c)(2), (10). Pub. L. 101–237 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (B) by striking out “Veterans’ Administration” each place it appears and inserting in lieu thereof “Department of Veterans Affairs”.

24. 1991

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

    Changed · 38 U.S.C. § 4103

    Pub. L. 102–83, § 5(a), renumbered section 2003 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 2003 of this title as this section.

    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.

25. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 4103(a)

    Pub. L. 102–83, § 5(c)(1), substituted “4107” for “2007”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “4107” for “2007”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

26. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 4103(c)(8)

    Pub. L. 102–83, § 5(c)(1), substituted “4212” for “2012“

    Source evidence

    Code amendment note
    Subsec. (c)(8). Pub. L. 102–83, § 5(c)(1), substituted “4212” for “2012“.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

27. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 4103(c)(11)

    Pub. L. 102–83, § 5(c)(1), substituted “1712A” for “612A”

    Source evidence

    Code amendment note
    Subsec. (c)(11). Pub. L. 102–83, § 5(c)(1), substituted “1712A” for “612A”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

28. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title XII § 1201(d)(14) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 4103(c)(2)

    Pub. L. 103–446 substituted “subchapter II of chapter 77” for “subchapter IV of chapter 3”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 103–446 substituted “subchapter II of chapter 77” for “subchapter IV of chapter 3”.

    Enacted provision · exact public law section
    (14) Section 4103(c)(2) is amended by striking out “subchapter IV of chapter 3” and inserting in lieu thereof “subchapter II of chapter 77”.

29. 1996

    Veterans’ Benefits Improvements Act of 1996

    Pub. L. 104–275 title III § 302 · 110 Stat. 3322

    1. Substituted · 38 U.S.C. § 4103(a)

       Pub. L. 104–275 substituted “full-time Federal clerical or other support personnel” for “full-time Federal clerical support” in third sentence

    2. Substituted · 38 U.S.C. § 4103(a)

       Pub. L. 104–275 substituted “Full-time Federal clerical or other support personnel” for “Full-time Federal clerical support personnel” in third sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–275 substituted “full-time Federal clerical or other support personnel” for “full-time Federal clerical support” in first sentence and “Full-time Federal clerical or other support personnel” for “Full-time Federal clerical support personnel” in third sentence.

    Enacted provision · exact public law section
    SEC. 302. SUPPORT PERSONNEL FOR DIRECTORS OF VETERANS’ EMPLOYMENT AND TRAINING. Subsection (a) of section 4103 is amended— (1) in the first sentence, by striking out “full-time Federal clerical support” and inserting in lieu thereof “full-time Federal clerical or other support personnel”; and (2) in the third sentence, by striking out “Full-time Federal clerical support personnel” and inserting in lieu thereof “Full-time Federal clerical or other support personnel”.

30. 2002

    Jobs for 38 usc 101 note. Veterans Act

    Pub. L. 107–288 § 4(a)(1) · 116 Stat. 2033

    1. Substituted · 38 U.S.C. § 4103

       Pub. L. 107–288 substituted “Directors and Assistant Directors for Veterans’ Employment and Training; additional Federal personnel” for “Directors and Assistant Directors for Veterans’ Employment and Training” in section catchline

    2. Amended · 38 U.S.C. § 4103

       Pub. L. 107–288 amended text generally

    3. Substituted · 38 U.S.C. § 4103

       Pub. L. 107–288 substituting subsecs. (a) and (b) for former subsecs. (a) to (c) relating to Directors and Assistant Directors and their responsibilities

    Source evidence

    Code amendment note
    Pub. L. 107–288 substituted “Directors and Assistant Directors for Veterans’ Employment and Training; additional Federal personnel” for “Directors and Assistant Directors for Veterans’ Employment and Training” in section catchline and amended text generally, substituting subsecs. (a) and (b) for former subsecs. (a) to (c) relating to Directors and Assistant Directors and their responsibilities.

    Enacted provision · exact public law section
    (a) Revision of Department Level Senior Officials and Functions.— (1) Sections 4102A and 4103 are amended to read as follows: “§ 4102A. Assistant Secretary of Labor for Veterans’ Employment and Training; program functions; Regional Administrators “(a) Establishment of Position of Assistant Secretary of Labor for Veterans’ Employment and Training.— (1) There is established within the Department of Labor an Assistant Secretary of Labor for Veterans’ Employment and Training, appointed by the President by and with the advice and consent of the Senate, who shall formulate and implement all departmental policies and procedures to carry out (A) the purposes of this chapter, chapter 42, and chapter 43 of this title, and (B) all other Department of Labor employment, unemployment, and training programs to the extent they affect veterans. “(2) The employees of the Department of Labor administering chapter 43 of this title shall be administratively and functionally responsible to the Assistant Secretary of Labor for Veterans’ Employment and Training. “(3) (A) There shall be within the Department of Labor a Deputy Assistant Secretary of Labor for Veterans’ Employment and Training. The Deputy Assistant Secretary shall perform such functions as the Assistant Secretary of Labor for Veterans’ Employment and Training prescribes. “(B) No individual may be appointed as a Deputy Assistant Secretary of Labor for Veterans’ Employment and Training unless the individual has at least five years of service in a management position as an employee of the Federal civil service or comparable service in a management position in the Armed Forces. For purposes of determining such service of an individual, there shall be excluded any service described in subparagraphs (A), (B), and (C) of section 308(d)(2) of this title. “(b) Program Functions.— The Secretary shall carry out the following functions: “(1) Except as expressly provided otherwise, carry out all provisions of this chapter and chapter 43 of this title through the Assistant Secretary of Labor for Veterans’ Employment and Training and administer through such Assistant Secretary all programs under the jurisdiction of the Secretary for the provision of employment and training services designed to meet the needs of all veterans and persons eligible for services furnished under this chapter. “(2) In order to make maximum use of available resources in meeting such needs, encourage all such programs, and all grantees and contractors under such programs to enter into cooperative arrangements with private industry and business concerns (including small business concerns owned by veterans or disabled veterans), educational institutions, trade associations, and labor unions. “(3) Ensure that maximum effectiveness and efficiency are achieved in providing services and assistance to eligible veterans under all such programs by coordinating and consulting with the Secretary of Veterans Affairs with respect to (A) programs conducted under other provisions of this title, with particular emphasis on coordination of such programs with readjustment counseling activities carried out under section 1712A of this title, apprenticeship or other on-the-job training programs carried out under section 3687 of this title, and rehabilitation and training activities carried out under chapter 31 of this title and (B) determinations covering veteran population in a State. “(4) Ensure that employment, training, and placement activities are carried out in coordination and cooperation with appropriate State public employment service officials. “(5) Subject to subsection (c), make available for use in each State by grant or contract such funds as may be necessary to support— “(A) disabled veterans’ outreach program specialists appointed under section 4103A(a)(1) of this title, “(B) local veterans’ employment representatives assigned under section 4104(b) of this title, and “(C) the reasonable expenses of such specialists and representatives described in subparagraphs (A) and (B), respectively, for training, travel, supplies, and other business expenses, including travel expenses and per diem for attendance at the National Veterans’ Employment and Training Services Institute established under section 4109 of this title. “(6) Monitor and supervise on a continuing basis the distribution and use of funds provided for use in the States under paragraph (5). “(7) Establish, and update as appropriate, a comprehensive performance accountability system (as described in subsection (f)) and carry out annual performance reviews of veterans employment, training, and placement services provided through employment service delivery systems, including through disabled veterans’ outreach program specialists and through local veterans’ employment representatives in States receiving grants, contracts, or awards under this chapter. “(c) Conditions for Receipt of Funds.— (1) The distribution and use of funds under subsection (b)(5) in order to carry out sections 4103A(a) and 4104(a) of this title shall be subject to the continuing supervision and monitoring of the Secretary and shall not be governed by the provisions of any other law, or any regulations prescribed thereunder, that are inconsistent with this section or section 4103A or 4104 of this title. “(2) (A) A State shall submit to the Secretary an application for a grant or contract under subsection (b)(5). The application shall contain the following information: “(i) A plan that describes the manner in which the State shall furnish employment, training, and placement services required under this chapter for the program year, including a description of— “(I) duties assigned by the State to disabled veterans’ outreach program specialists and local veterans’ employment representatives consistent with the requirements of sections 4103A and 4104 of this title; “(II) the manner in which such specialists and representatives are integrated in the employment service delivery systems in the State; and “(III) the program of performance incentive awards described in section 4112 of this title in the State for the program year. “(ii) The veteran population to be served. “(iii) Such additional information as the Secretary may require to make a determination with respect to awarding a grant or contract to the State. “(B) (i) Subject to the succeeding provisions of this subparagraph, of the amount available under subsection (b)(5) for a fiscal year, the Secretary shall make available to each State with an application approved by the Secretary an amount of funding in proportion to the number of veterans seeking employment using such criteria as the Secretary may establish in regulation, including civilian labor force and unemployment data, for the State on an annual basis. The proportion of funding shall reflect the ratio of— “(I) the total number of veterans residing in the State that are seeking employment; to “(II) the total number of veterans seeking employment in all States. “(ii) The Secretary shall phase in over the three fiscal-year period that begins on October 1, 2002, the manner in which amounts are made available to States under subsection (b)(5) and this subsection, as amended by the Jobs for Veterans Act. “(iii) In carrying out this paragraph, the Secretary may establish minimum funding levels and hold-harmless criteria for States. “(3) (A) (i) As a condition of a grant or contract under this section for a program year, in the case of a State that the Secretary determines has an entered-employment rate for veterans that is deficient for the preceding program year, the State shall develop a corrective action plan to improve that rate for veterans in the State. “(ii) The State shall submit the corrective action plan to the Secretary for approval, and if approved, shall expeditiously implement the plan. “(iii) If the Secretary does not approve a corrective action plan submitted by the State under clause (i), the Secretary shall take such steps as may be necessary to implement corrective actions in the State to improve the entered-employment rate for veterans in that State. “(B) To carry out subparagraph (A), the Secretary shall establish in regulations a uniform national threshold entered-employment rate for veterans for a program year by which determinations of deficiency may be made under subparagraph (A). “(C) In making a determination with respect to a deficiency under subparagraph (A), the Secretary shall take into account the applicable annual unemployment data for the State and consider other factors, such as prevailing economic conditions, that affect performance of individuals providing employment, training, and placement services in the State. “(4) In determining the terms and conditions of a grant or contract under which funds are made available to a State in order to carry out section 4103A or 4104 of this title, the Secretary shall take into account— “(A) the results of reviews, carried out pursuant to subsection (b)(7), of the performance of the employment, training, and placement service delivery system in the State, and “(B) the monitoring carried out under this section. “(5) Each grant or contract by which funds are made available to a State shall contain a provision requiring the recipient of the funds— “(A) to comply with the provisions of this chapter; and “(B) on an annual basis, to notify the Secretary of, and provide supporting rationale for, each nonveteran who is employed as a disabled veterans’ outreach program specialist and local veterans’ employment representative for a period in excess of 6 months. “(6) Each State shall coordinate employment, training, and placement services furnished to veterans and eligible persons under this chapter with such services furnished with respect to such veterans and persons under the Workforce Investment Act of 1998 and the Wagner-Peyser Act. “(7) With respect to program years beginning during or after fiscal year 2004, one percent of the amount of a grant or contract under which funds are made available to a State in order to carry out section 4103A or 4104 of this title for the program year shall be for the purposes of making cash awards under the program of performance incentive awards described in section 4112 of this title in the State. “(d) Participation in Other Federally Funded Job Training Programs.— The Assistant Secretary of Labor for Veterans’ Employment and Training shall promote and monitor participation of qualified veterans and eligible persons in employment and training opportunities under title I of the Workforce Investment Act of 1998 and other federally funded employment and training programs. “(e) Regional Administrators.— (1) The Secretary shall assign to each region for which the Secretary operates a regional office a representative of the Veterans’ Employment and Training Service to serve as the Regional Administrator for Veterans’ Employment and Training in such region. “(2) Each such Regional Administrator shall carry out such duties as the Secretary may require to promote veterans employment and reemployment within the region that the Administrator serves. “(f) Establishment of Performance Standards and Outcomes Measures.— (1) By not later than 6 months after the date of the enactment of this section, the Assistant Secretary of Labor for Veterans’ Employment and Training shall establish and implement a comprehensive performance accountability system to measure the performance of employment service delivery systems, including disabled veterans’ outreach program specialists and local veterans’ employment representatives providing employment, training, and placement services under this chapter in a State to provide accountability of that State to the Secretary for purposes of subsection (c). “(2) Such standards and measures shall— “(A) be consistent with State performance measures applicable under section 136(b) of the Workforce Investment Act of 1998; and “(B) be appropriately weighted to provide special consideration for placement of (i) veterans requiring intensive services (as defined in section 4101(9) of this title), such as special disabled veterans and disabled veterans, and (ii) veterans who enroll in readjustment counseling under section 1712A of this title. “(g) Authority to Provide Technical Assistance to States.— The Secretary may provide such technical assistance as the Secretary determines appropriate to any State that the Secretary determines has, or may have, an entered-employment rate in the State that is deficient, as determined under subsection (c)(3) with respect to a program year, including assistance in the development of a corrective action plan under that subsection. “§4103. Directors and Assistant Directors for Veterans’ Employment and Training; additional Federal personnel “(a) Directors and Assistant Directors.— (1) The Secretary shall assign to each State a representative of the Veterans’ Employment and Training Service to serve as the Director for Veterans’ Employment and Training, and shall assign full-time Federal clerical or other support personnel to each such Director. “(2) Each Director for Veterans’ Employment and Training for a State shall, at the time of appointment, have been a bona fide resident of the State for at least two years. “(3) Full-time Federal clerical or other support personnel assigned to Directors for Veterans’ Employment and Training shall be appointed in accordance with the provisions of title 5 governing appointments in the competitive service and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5. “(b) Additional Federal Personnel.— The Secretary may also assign as supervisory personnel such representatives of the Veterans’ Employment and Training Service as the Secretary determines appropriate to carry out the employment, training, and placement services required under this chapter, including Assistant Directors for Veterans’ Employment and Training.”. (2) The items relating to sections 4102A and 4103, respectively, in the table of sections at the beginning of chapter 41 are amended to read as follows: “4102A. Assistant Secretary of Labor for Veterans’ Employment and Training; program functions; Regional Administrators. “4103. Directors and Assistant Directors for Veterans’ Employment and Training; additional Federal personnel.”. (3) (A) (i) Section 4104A is repealed. (ii) The table of sections at the beginning of chapter 41 is amended by striking the item relating to section 4104A. (B) Section 4107(b) is amended by striking “The Secretary shall establish definitive performance standards” and inserting “The Secretary shall apply performance standards established under section 4102A(f) of this title”. (4) The amendments made by this subsection shall take effect on the date of the enactment of this Act, and apply for program and fiscal years under chapter 41 of title 38, United States Code, beginning on or after such date.

31. 2008

    Veterans’ Benefits Improvement Act of 2008

    Pub. L. 110–389 title III § 316 · 122 Stat. 4145

    1. Amended · 38 U.S.C. § 4103(a)(2)

       Pub. L. 110–389 designated existing provisions as subpar. (A)

    2. Added · 38 U.S.C. § 4103(a)(2)

       Pub. L. 110–389 added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 110–389 designated existing provisions as subpar. (A) and added subpar. (B).

    Enacted provision · exact public law section
    SEC. 316. WAIVER OF RESIDENCY REQUIREMENT FOR DIRECTORS FOR VETERANS’ EMPLOYMENT AND TRAINING.   Section 4103(a)(2) 38 USC 4103. is amended— (1) by inserting “(A)” after “(2)”; and (2) by adding at the end the following new subparagraph: “(B) The Secretary may waive the requirement in subparagraph (A) with respect to a Director for Veterans’ Employment and Training if the Secretary determines that the waiver is in the public interest. Any such waiver shall be made on a case-by-case basis.” .

32. 2016

    Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

    Pub. L. 114–315 title V § 504(a) · 130 Stat. 1536

    Added · 38 U.S.C. § 4103(c)

    Pub. L. 114–315 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–315 added subsec. (c).

    Enacted provision · exact public law section
    (a) In General.— Section 4103 is amended by adding at the end the following new subsection: “(c) Coordination With State Departments of Labor and Veterans Affairs.— Each Director for Veterans’ Employment and Training for a State shall coordinate the Director’s activities under this chapter with the State department of labor and the State department of veterans affairs.” .

    Effective date note
    Pub. L. 114–315, title V, § 504(b), Dec. 16, 2016, 130 Stat. 1569, provided that: “Subsection (c) of such section [38 U.S.C. 4103(c)], as added by subsection (a), shall take effect on the date that is 1 year after the date of the enactment of this Act [Dec. 16, 2016].”

51 of 57 references resolved to an enrolled provision · 6 partial