§ 4104. Local veterans’ employment representatives

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. § 4104

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1219, § 2013

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1219, § 2013

2. 1966

   Veterans

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

   Inserted · 38 U.S.C. § 4104

   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. § 4104

   Pub. L. 92–540 substituted provisions relating to the assignment of employees of local offices for provisions relating to the cooperation of other Federal agencies. See section 2005 of this title

   Source evidence

   Code amendment note
   Pub. L. 92–540 substituted provisions relating to the assignment of employees of local offices for provisions relating to the cooperation of other Federal agencies. See section 2005 of this title.

   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. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 title VI § 606(2) · 90 Stat. 2383

   1. Substituted · 38 U.S.C. § 4104

      Pub. L. 94–502 substituted “eligible veterans or eligible persons” for “eligible veterans”

   2. Substituted · 38 U.S.C. § 4104

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

   Source evidence

   Code amendment note
   Pub. L. 94–502 substituted “eligible veterans or eligible persons” for “eligible veterans” and “such representative’s” for “his”.

   Enacted provision · exact public law section
   (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”;

5. 1988

   Veterans’ Employment, Training, and Counseling Amendments of 1988

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

   1. Substituted · 38 U.S.C. § 4104

      Pub. L. 100–323 substituted “Local veterans’ employment representatives” for “Employees of local offices” as section catchline

   2. Amended · 38 U.S.C. § 4104

      Pub. L. 100–323 amended section generally. Prior to amendment, section read as follows: “Except as may be determined by the Secretary of Labor based on a demonstrated lack of need for such services, there shall be assigned by the administrative head of the employment service in each State one or more employees, preferably eligible veterans or eligible persons, on the staffs of local employment service offices, whose services shall be fully devoted to discharging the duties prescribed for the veterans’ employment representative and such representative’s assistants.”

   Source evidence

   Code amendment note
   Pub. L. 100–323 substituted “Local veterans’ employment representatives” for “Employees of local offices” as section catchline and amended section generally. Prior to amendment, section read as follows: “Except as may be determined by the Secretary of Labor based on a demonstrated lack of need for such services, there shall be assigned by the administrative head of the employment service in each State one or more employees, preferably eligible veterans or eligible persons, on the staffs of local employment service offices, whose services shall be fully devoted to discharging the duties prescribed for the veterans’ employment representative and such representative’s assistants.”

   Enacted provision · exact public law section
   (a) In General.— Section 2004 is amended to read as follows: “§ 2004. Local veterans’ employment representatives “(a) (1) Beginning with fiscal year 1988, the total of the amount of funds made available for use in the States under section 2002A(b)(5)(A)(ii) of this title shall be sufficient to support the assignment of 1,600 full-time local veterans’ employment representatives and the States’ administrative expenses associated with the assignment of that number of such representatives and shall be allocated to the several States so that each State receives funding sufficient to support— “(A) the number of such representatives who were assigned in such State on January 1, 1987, for which funds were provided under this chapter, plus one additional such representative; “(B) the percentage of the 1,600 such representatives for which funding is not provided under clause (A) of this paragraph which is equal to the average of (i) the percentage of all veterans residing in the United States who reside in such State, (ii) the percentage of the total of all eligible veterans and eligible persons registered for assistance with local employment service offices in the United States who are registered for assistance with local employment service offices in such State, and (iii) the percentage of all full-service local employment service offices in the United States which are located in such State; and “(C) the State’s administrative expenses associated with the assignment of the number of such representatives for which funding is allocated to the State under clauses (A) and (B) of this paragraph. “(2) (A) The local veterans’ employment representatives allocated to a State pursuant to paragraph (1) of this subsection shall be assigned by the administrative head of the employment service in the State, after consultation with the Director for Veterans’ Employment and Training for the State, so that as nearly as practical (i) one full-time representative is assigned to each local employment service office at which at least 1,100 eligible veterans and eligible persons are registered for assistance, (ii) one additional full-time representative is assigned to each local employment service office for each 1,500 eligible veterans and eligible persons above 1,100 who are registered at such office for assistance, and (iii) one half-time representative is assigned to each local employment service office at which at least 350 but less than 1,100 eligible veterans and eligible persons are registered for assistance. “(B) In the case of a service delivery point (other than a local employment service office described in subparagraph (A) of this paragraph) at which employment services are offered under the Wagner-Peyser Act, the head of such service delivery point shall be responsible for ensuring compliance with the provisions of this title providing for priority services for veterans and priority referral of veterans to Federal contractors. “(3) For the purposes of this subsection, an individual shall be considered to be registered for assistance with a local employment service office during a program year if the individual— “(A) registered, or renewed such individual’s r registration, for assistance with the office during that program year; or “(B) so registered or renewed such individual’s registration Regulations. during a previous program year and, in accordance with regulations which the Secretary shall prescribe, is counted as still being registered for administrative purposes. “(4) In the assigning of local veterans’ employment representatives on or after July 1, 1988, preference shall be given to qualified eligible veterans or eligible persons. Preference shall be accorded Handicapped persons. first to qualified service-connected disabled veterans; then, if no such disabled veteran is available, to qualified eligible veterans; and, if no such eligible veteran is available, then to qualified eligible persons. “(b) Local veterans’ employment representatives shall— “(1) functionally supervise the providing of services to eligible veterans and eligible persons by the local employment service staff; “(2) maintain regular contact with community leaders, employers, labor unions, training programs, and veterans’ organizations for the purpose of (A) keeping them advised of eligible veterans and eligible persons available for employment and training, and (B) keeping eligible veterans and eligible persons advised of opportunities for employment and training; “(3) provide directly, or facilitate the provision of, labor exchange services by local employment service staff to eligible veterans and eligible persons, including intake and assessment, counseling, testing, job-search assistance, and referral and placement; “(4) encourage employers and labor unions to employ eligible veterans and eligible persons and conduct on-the-job training and apprenticeship programs for such veterans and persons; “(5) promote and monitor the participation of veterans in Reports. federally funded employment and training programs, monitor the listing of vacant positions with State employment agencies by Federal agencies, and report to the Director for Veterans’ Employment and Training for the State concerned any evidence of failure to provide priority or other special consideration in the provision of services to veterans as is required by law or regulation; “(6) monitor the listing of jobs and subsequent referrals of qualified veterans as required by section 2012 of this title; “(7) work closely with appropriate Veterans’ Administration Handicapped persons. personnel engaged in providing counseling or rehabilitation services under chapter 31 of this title, and cooperate with employers in identifying disabled veterans who have completed or are participating in a vocational rehabilitation training program under such chapter and who are in need of employment; “(8) refer eligible veterans and eligible persons to training, supportive services, and educational opportunities, as appropriate; “(9) assist, through automated data processing, in securing Records. and maintaining current information regarding available employment and training opportunities; “(10) 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 services available at the local employment service office; “(11) when requested by a Federal or State agency, a private employer, or a service-connected disabled veteran, assist such agency, employer, or veteran in identifying and acquiring prosthetic and sensory aids and devices needed to enhance the employability of disabled veterans; and “(12) facilitate the provision of guidance or counseling services, or both, to veterans who, pursuant to section 5(b)(3) of the Veterans’ Job Training Act (29 U.S.C. 1721 note), are certified as eligible for participation under such Act. “(c) Each local veterans’ employment representative shall be administratively responsible to the manager of the local employment service office 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. “(d) 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.”.

6. 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. § 4104(b)(7)

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

   Source evidence

   Code amendment note
   Subsec. (b)(7). 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”.

7. 1991

   Pub. L. 102–16 § 10(a)(8)(A) · 105 Stat. 48

   Substituted · 38 U.S.C. § 4104(a)(1)

   Pub. L. 102–16, § 10(a)(8)(A), (B), substituted “appointment” for “assignment” in two places in introductory provisions and in subpar. (C)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–16, § 10(a)(8)(A), (B), substituted “appointment” for “assignment” in two places in introductory provisions and in subpar. (C).

   Enacted provision · exact public law section
   (A) in subsection (a)(1), by striking out “assignment” each place it appears in the material preceding subparagraph (A) and inserting in lieu thereof “appointment”;

8. 1991

   Pub. L. 102–16 § 10(a)(8)(C) · 105 Stat. 48

   Substituted · 38 U.S.C. § 4104(a)(4)

   Pub. L. 102–16, § 10(a)(8)(C), substituted “appointment” for “assigning”

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 102–16, § 10(a)(8)(C), substituted “appointment” for “assigning”.

   Enacted provision · exact public law section
   (C) in subsection (a)(4), by striking out “assigning” and inserting in lieu thereof “appointment”; and

9. 1991

   Pub. L. 102–16 § 10(a)(8)(D) · 105 Stat. 48

   Struck · 38 U.S.C. § 4104(d)

   Pub. L. 102–16, § 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.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 102–16, § 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.”

   Enacted provision · exact public law section
   (D) by striking out subsection (d).

10. 1991

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

    Changed · 38 U.S.C. § 4104

    Pub. L. 102–83, § 5(a), renumbered section 2004 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 2004 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.

11. 1991

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

    Substituted · 38 U.S.C. § 4104(a)(1)

    Pub. L. 102–83, § 5(c)(1), substituted “4102A(b)(5)(A)(ii)” for “2002A(b)(5)(A)(ii)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–83, § 5(c)(1), substituted “4102A(b)(5)(A)(ii)” for “2002A(b)(5)(A)(ii)” in introductory provisions.

    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.

12. 1991

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

    Substituted · 38 U.S.C. § 4104(b)(6)

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

    Source evidence

    Code amendment note
    Subsec. (b)(6). 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.

13. 1991

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

    Substituted · 38 U.S.C. § 4104(b)(10)

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

    Source evidence

    Code amendment note
    Subsec. (b)(10). 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.

14. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(10)(A)(i) · 115 Stat. 25

    Substituted · 38 U.S.C. § 4104(a)(1)

    Pub. L. 107–14, § 8(a)(10)(A)(i), substituted “For any fiscal year,” for “Beginning with fiscal year 1988,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 107–14, § 8(a)(10)(A)(i), substituted “For any fiscal year,” for “Beginning with fiscal year 1988,” in introductory provisions.

    Enacted provision · exact public law section
    (i) by striking “Beginning with fiscal year 1988,” and inserting “For any fiscal year,”;

15. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(10)(A)(ii) · 115 Stat. 25

    Substituted · 38 U.S.C. § 4104(a)(1)(B)

    Pub. L. 107–14, § 8(a)(10)(A)(ii), substituted “subparagraph (A)” for “clause (A)”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 107–14, § 8(a)(10)(A)(ii), substituted “subparagraph (A)” for “clause (A)”.

    Enacted provision · exact public law section
    (ii) by striking “clause” in subparagraph (B) and inserting “subparagraph”; and

16. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(10)(A)(iii) · 115 Stat. 25

    Substituted · 38 U.S.C. § 4104(a)(1)(C)

    Pub. L. 107–14, § 8(a)(10)(A)(iii), substituted “subparagraphs (A) and (B)” for “clauses (A) and (B)”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 107–14, § 8(a)(10)(A)(iii), substituted “subparagraphs (A) and (B)” for “clauses (A) and (B)”.

    Enacted provision · exact public law section
    (iii) by striking “clauses” in subparagraph (C) and inserting “subparagraphs”;

17. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(10)(B) · 115 Stat. 25

    Struck · 38 U.S.C. § 4104(a)(4)

    Pub. L. 107–14, § 8(a)(10)(B), struck out “on or after July 1, 1988” after “local veterans’ employment representatives”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 107–14, § 8(a)(10)(B), struck out “on or after July 1, 1988” after “local veterans’ employment representatives”.

    Enacted provision · exact public law section
    (B) in subsection (a)(4), by striking “on or after July 1, 1988”; and

18. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(10)(C)(i) · 115 Stat. 25

    Substituted · 38 U.S.C. § 4104(b)

    Pub. L. 107–14, § 8(a)(10)(C)(i), substituted “shall perform the following functions:” for “shall—” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–14, § 8(a)(10)(C)(i), substituted “shall perform the following functions:” for “shall—” in introductory provisions.

    Enacted provision · exact public law section
    (i) by striking “shall—” in the matter preceding paragraph (1) and inserting “shall perform the following functions:”;

19. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(10)(C)(ii) · 115 Stat. 25

    Substituted · 38 U.S.C. § 4104(b)(1)(10)

    Pub. L. 107–14, § 8(a)(10)(C)(ii), (iii), capitalized the first letter of the first word and substituted a period for the semicolon at end

    Source evidence

    Code amendment note
    Subsec. (b)(1) to (10). Pub. L. 107–14, § 8(a)(10)(C)(ii), (iii), capitalized the first letter of the first word and substituted a period for the semicolon at end.

    Enacted provision · exact public law section
    (ii) by capitalizing the initial letter of the first word of each of paragraphs (1) through (12);

20. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(10)(C)(ii) · 115 Stat. 25

    Substituted · 38 U.S.C. § 4104(b)(11)

    Pub. L. 107–14, § 8(a)(10)(C)(ii), (iv), capitalized the first letter of the first word and substituted a period for “; and” at end

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 107–14, § 8(a)(10)(C)(ii), (iv), capitalized the first letter of the first word and substituted a period for “; and” at end.

    Enacted provision · exact public law section
    (ii) by capitalizing the initial letter of the first word of each of paragraphs (1) through (12);

21. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(10)(C)(ii) · 115 Stat. 25

    Changed · 38 U.S.C. § 4104(b)(12)

    Pub. L. 107–14, § 8(a)(10)(C)(ii), capitalized the first letter of the first word

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 107–14, § 8(a)(10)(C)(ii), capitalized the first letter of the first word.

    Enacted provision · exact public law section
    (ii) by capitalizing the initial letter of the first word of each of paragraphs (1) through (12);

22. 2001

    Pub. L. 107–95 § 9(b)(1) · 115 Stat. 903

    Struck · 38 U.S.C. § 4104(b)(11)

    Pub. L. 107–95, § 9(b)(1), which directed that “and” be struck out at end, could not be executed because of the intervening amendment by Pub. L. 107–14, § 8(a)(10)(C)(iv). See below

    Source evidence

    Code amendment note
    Subsec. (b)(11). Pub. L. 107–95, § 9(b)(1), which directed that “and” be struck out at end, could not be executed because of the intervening amendment by Pub. L. 107–14, § 8(a)(10)(C)(iv). See below.

    Enacted provision · exact public law section
    (1) by striking “and” at the end of paragraph (11);

23. 2001

    Pub. L. 107–95 § 9(b)(2) · 115 Stat. 903

    Substituted · 38 U.S.C. § 4104(b)(12)

    Pub. L. 107–95, § 9(b)(2), substituted “; and” for period at end

    Source evidence

    Code amendment note
    Subsec. (b)(12). Pub. L. 107–95, § 9(b)(2), substituted “; and” for period at end.

    Enacted provision · exact public law section
    (2) by striking the period at the end of paragraph (12) and inserting “; and”; and

24. 2001

    Pub. L. 107–95 § 9(b)(3) · 115 Stat. 903

    Added · 38 U.S.C. § 4104(b)(13)

    Pub. L. 107–95, § 9(b)(3), added par. (13)

    Source evidence

    Code amendment note
    Subsec. (b)(13). Pub. L. 107–95, § 9(b)(3), added par. (13).

    Enacted provision · exact public law section
    (3) by adding at the end the following new paragraph: “(13) coordinate employment services with training assistance provided to veterans by entities receiving funds under section 2021 of this title.”.

25. 2002

    Jobs for 38 usc 101 note. Veterans Act

    Pub. L. 107–288 § 4(b)(2) · 116 Stat. 2033

    1. Amended · 38 U.S.C. § 4104

       Pub. L. 107–288 amended text generally

    2. Substituted · 38 U.S.C. § 4104

       Pub. L. 107–288 substituting subsecs. (a) to (d) for former subsecs. (a) to (c) relating to appointment, functions, and reporting requirements of local veterans’ employment representatives

    Source evidence

    Code amendment note
    Pub. L. 107–288 amended text generally, substituting subsecs. (a) to (d) for former subsecs. (a) to (c) relating to appointment, functions, and reporting requirements of local veterans’ employment representatives.

    Enacted provision · exact public law section
    (2) Section 4104 is amended by striking all after the heading and inserting the following: “(a) Requirement for Employment by States of a Sufficient Number of Representatives.— Subject to approval by the Secretary, a State shall employ such full- and part-time local veterans’ employment representatives as the State determines appropriate and efficient to carry out employment, training, and placement services under this chapter. “(b) Principal Duties.— As principal duties, local veterans’ employment representatives shall— “(1) conduct outreach to employers in the area to assist veterans in gaining employment, including conducting seminars for employers and, in conjunction with employers, conducting job search workshops and establishing job search groups; and “(2) facilitate employment, training, and placement services furnished to veterans in a State under the applicable State employment service delivery systems. “(c) Requirement for Qualified Veterans and Eligible Persons.— A State shall, to the maximum extent practicable, employ qualified veterans or eligible persons to carry out the services referred to in subsection (a). Preference shall be accorded in the following order: “(1) To qualified service-connected disabled veterans. “(2) If no veteran described in paragraph (1) is available, to qualified eligible veterans. “(3) If no veteran described in paragraph (1) or (2) is available, then to qualified eligible persons. “(d) Reporting.— Each local veterans’ employment representative shall be administratively responsible to the manager of the employment service delivery system and shall provide reports, not less frequently than quarterly, to the manager of such office and to the Director for Veterans’ Employment and Training for the State regarding compliance with Federal law and regulations with respect to special services and priorities for eligible veterans and eligible persons.”.

26. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 title VI § 602(b) · 120 Stat. 3403

    1. Added · 38 U.S.C. § 4104(d); 38 U.S.C. § 4104(e)

       Pub. L. 109–461 added subsec. (d)

    2. Redesignated · 38 U.S.C. § 4104(d); 38 U.S.C. § 4104(e)

       Pub. L. 109–461 redesignated former subsec. (d) as (e)

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 109–461 added subsec. (d) and redesignated former subsec. (d) as (e).

    Enacted provision · exact public law section
    (b) Local Veterans’ Employment Representatives.— Section 4104 is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): “(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.” .

    Effective date note
    Subsec. (d) of this section as amended by Pub. L. 109–461 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. 109–461, set out as a note under section 4103A of this title.

27. 2011

    VOW to Hire Heroes Act of 2011

    Pub. L. 112–56 title II § 241(b) · 125 Stat. 728

    1. Added · 38 U.S.C. § 4104(e); 38 U.S.C. § 4104(f)

       Pub. L. 112–56 added subsec. (e)

    2. Redesignated · 38 U.S.C. § 4104(e); 38 U.S.C. § 4104(f)

       Pub. L. 112–56 redesignated former subsec. (e) as (f)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 112–56 added subsec. (e) and redesignated former subsec. (e) as (f).

    Enacted provision · exact public law section
    (b) Local Veterans’ Employment Representatives.— Section 4104 of such title is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): “(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 representative’s ability to perform the representative’s duties related to employment, training, and placement services under this chapter. “(2) The Audits. 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.” .

31 of 32 references resolved to an enrolled provision · 1 partial