§ 4108. Cooperation and coordination

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. 1972

   Veterans’ Employment and Readjustment Act of 1972

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

   Enacted · 38 U.S.C. § 4108

   Added Pub. L. 92–540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1097, § 2008

   Source evidence

   Code source credit
   Added Pub. L. 92–540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1097, § 2008

   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.”

2. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 title VI § 606(4) · 90 Stat. 2383

   1. Substituted · 38 U.S.C. § 4108

      Pub. L. 94–502 substituted “the Secretary’s” for “his”

   2. Substituted · 38 U.S.C. § 4108

      Pub. L. 94–502 substituted “the Administrator fully advised” for “him fully advised”

   Source evidence

   Code amendment note
   Pub. L. 94–502 substituted “the Secretary’s” for “his” and “the Administrator fully advised” for “him fully advised”.

   Enacted provision · exact public law section
   (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.

3. 1988

   Veterans’ Employment, Training, and Counseling Amendments of 1988

   Pub. L. 100–323 § 6(b)(2)(A) · 102 Stat. 556

   Struck · 38 U.S.C. § 4108

   Pub. L. 100–323, § 6(b)(2)(A), struck out “with the Veterans’ Administration” after “Cooperation and coordination” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 100–323, § 6(b)(2)(A), struck out “with the Veterans’ Administration” after “Cooperation and coordination” in section catchline.

   Enacted provision · exact public law section
   (A) The heading of section 2008 is amended to read as follows: “§ 2008. Cooperation and coordination”.

   Effective date note
   Amendment by section 6(b)(1), (2)(A) of Pub. L. 100–323 effective on 60th day after May 20, 1988, and amendment by section 15(a)(2) of Pub. L. 100–323 effective May 20, 1988, see section 16(a), (b)(2) of Pub. L. 100–323, set out as a note under section 3104 of this title.

4. 1988

   Veterans’ Employment, Training, and Counseling Amendments of 1988

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

   Struck · 38 U.S.C. § 4108(a)

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

   Source evidence

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

   Effective date note
   Amendment by section 6(b)(1), (2)(A) of Pub. L. 100–323 effective on 60th day after May 20, 1988, and amendment by section 15(a)(2) of Pub. L. 100–323 effective May 20, 1988, see section 16(a), (b)(2) of Pub. L. 100–323, set out as a note under section 3104 of this title.

5. 1988

   Veterans’ Employment, Training, and Counseling Amendments of 1988

   Pub. L. 100–323 § 6(b)(1)(A) · 102 Stat. 556

   Amended · 38 U.S.C. § 4108(a)

   Pub. L. 100–323, § 6(b)(1)(A), designated existing provisions as subsec. (a)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 100–323, § 6(b)(1)(A), designated existing provisions as subsec. (a).

   Enacted provision · exact public law section
   (A) by inserting “(a)” before “In”; and

   Effective date note
   Amendment by section 6(b)(1), (2)(A) of Pub. L. 100–323 effective on 60th day after May 20, 1988, and amendment by section 15(a)(2) of Pub. L. 100–323 effective May 20, 1988, see section 16(a), (b)(2) of Pub. L. 100–323, set out as a note under section 3104 of this title.

6. 1988

   Veterans’ Employment, Training, and Counseling Amendments of 1988

   Pub. L. 100–323 § 6(b)(1)(B) · 102 Stat. 556

   Added · 38 U.S.C. § 4108(b)

   Pub. L. 100–323, § 6(b)(1)(B), added subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–323, § 6(b)(1)(B), added subsec. (b).

   Enacted provision · exact public law section
   (B) by adding at the end the following new subsection: “(b) The Administrator shall provide to appropriate employment service offices and Department of Labor offices, as designated by the Secretary, on a monthly or more frequent basis, the name and address of each employer located in the areas served by such offices that offer a program of job training which has been approved by the Administrator under section 7 of the Veterans’ Job Training Act (29 U.S.C. 1721 note).”.

   Effective date note
   Amendment by section 6(b)(1), (2)(A) of Pub. L. 100–323 effective on 60th day after May 20, 1988, and amendment by section 15(a)(2) of Pub. L. 100–323 effective May 20, 1988, see section 16(a), (b)(2) of Pub. L. 100–323, set out as a note under section 3104 of this title.

7. 1989

   Veterans Education and Employment Amendments of 1989

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

   Substituted · 38 U.S.C. § 4108

   Pub. L. 101–237 substituted “Secretary of Veterans Affairs” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 101–237 substituted “Secretary of Veterans Affairs” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing.

   Enacted provision · exact public law section
   (8) Chapter 41 is amended— (A) by striking out “Administrator” each place it appears (other than in paragraphs (1) and (2) of section 2002A(e) and in section 2010(b)(1)(G)) and inserting in lieu thereof “Secretary of Veterans Affairs”; and (B) by striking out “Veterans’ Administration” each place it appears and inserting in lieu thereof “Department of Veterans Affairs”.

8. 1991

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

   Changed · 38 U.S.C. § 4108

   Pub. L. 102–83 renumbered section 2008 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83 renumbered section 2008 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.

9 of 9 references resolved to an enrolled provision