Title 38 — Veterans’ Benefits
Part III · Chapter 41 — Job Counseling, Training, and Placement Service for Veterans
§ 4109. National Veterans’ Employment and Training Services Institute
Statutory text
In order to provide for such training as the Secretary considers necessary and appropriate for the efficient and effective provision of employment, job-training, intensive services, placement, job-search, and related services to veterans, the Secretary shall establish and make available such funds as may be necessary to operate a National Veterans’ Employment and Training Services Institute for the training of disabled veterans’ outreach program specialists, local veterans’ employment representatives, Directors for Veterans’ Employment and Training, and Assistant Directors for Veterans’ Employment and Training, Regional Administrators for Veterans’ Employment and Training, and such other personnel involved in the provision of employment, job-training, intensive services, placement, or related services to veterans as the Secretary considers appropriate, including travel expenses and per diem for attendance at the Institute.
In implementing this section, the Secretary shall, as the Secretary considers appropriate, provide, out of program funds designated for the Institute, training for Veterans’ Employment and Training Service personnel, including travel expenses and per diem to attend the Institute.
Nothing in this section shall be construed as preventing the Institute to enter into contracts or agreements with departments or agencies of the United States or of a State, or with other organizations, to carry out training of personnel of such departments, agencies, or organizations in the provision of services referred to in subsection (a).
All proceeds collected by the Institute under a contract or agreement referred to in paragraph (1) shall be applied to the applicable appropriation.
The Secretary shall require that each disabled veterans’ outreach program specialist and local veterans’ employment representative who receives training provided by the Institute, or its successor, is given a final examination to evaluate the specialist’s or representative’s performance in receiving such training.
The results of such final examination shall be provided to the entity that sponsored the specialist or representative who received the training.
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.
Veterans’ Compensation, Education, and Employment Amendments of 1982
Pub. L. 97–306 title III § 308(a) · 96 Stat. 1429
Enacted · 38 U.S.C. § 4109
Added Pub. L. 97–306, title III, § 308(a), Oct. 14, 1982, 96 Stat. 1440, § 2009
Source evidence
Code source credit
Added Pub. L. 97–306, title III, § 308(a), Oct. 14, 1982, 96 Stat. 1440, § 2009Enacted provision · exact public law section
(a) Chapter 41 is amended by adding at the end the following new sections: “§ 2009. National veterans’ employment and training programs “(a) The Secretary of Labor shall— “(1) administer through the Assistant Secretary of Labor for Veterans’ Employment all national programs under the jurisdiction of the Secretary for the provision of employment and training services designed to meet the needs of disabled veterans and veterans of the Vietnam era; “(2) in order to make maximum use of available resources, encourage all such national programs and all grantees under such programs to enter into cooperative arrangements with private industry and business concerns (including small business concerns), educational institutions, trade associations, and labor unions; “(3) ensure that maximum effectiveness and efficiency are achieved in providing services and assistance to such veterans under all such national programs by coordinating and consulting with the Administrator with respect to programs conducted under other provisions of this title, with particular emphasis on coordination of such national programs with readjustment counseling activities carried out under section 612A of this title, apprenticeship or other on-job training programs carried out under section 1787 of this title, and rehabilitation and training 38 USC 1500 et seq. activities carried out under chapter 31 of this title; and “(4) ensure that job placement activities are carried out in coordination and cooperation with appropriate State public employment service officials. “(b) Not later than February 1 of each year, the Secretary of Report to congressional committees. Labor shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the operation during the preceding fiscal year of national programs for the provision of employment and training services designed to meet the needs of veterans described in subsection (a) of this section. Each such report shall include an evaluation of the effectiveness of such programs during such fiscal year in meeting the goals established in such subsection, the efficiency with which services were provided under such programs during such year, and such recommendation for further legislative action relating to veterans’ employment as the Secretary considers appropriate. “§ 2010. Secretary of Labor’s Committee on Veterans’ Employment “(a) There is established within the Department of Labor an Establishment. advisory committee to be known as the ‘Secretary’s Committee on Veterans’ Employment’. The committee shall meet at least quarterly for the purpose of bringing to the attention of the Secretary problems and issues relating to veterans’ employment. “(b) The committee shall be chaired by the Secretary of Labor. Chairman. The Assistant Secretary of Labor for Veterans’ Employment shall serve as vice chairman of the committee. The committee shall Membership. include— “(1) representatives of— “(A) the Administrator; “(B) the Secretary of Defense; “(C) the Secretary of Health and Human Services; “(D) the Director of the Office of Personnel Management; “(E) the Chairman of the Equal Employment Opportunity Commission; and “(F) the Administrator of the Small Business Administration; and “(2) a representative of each of the chartered veterans’ organizations having a national employment program. “(c) Members of the committee shall serve without compensation Compensation. or other reimbursement for their service on the committee.”.Veterans’ Employment, Training, and Counseling Amendments of 1988
Pub. L. 100–323 § 8(a) · 102 Stat. 556
Amended · 38 U.S.C. § 4109
Pub. L. 100–323 amended section generally
Substituted · 38 U.S.C. § 4109
Pub. L. 100–323 substituting provisions relating to a National Veterans’ Employment and Training Services Institute for provisions relating to national veterans’ employment and training programs
Source evidence
Code amendment note
Pub. L. 100–323 amended section generally, substituting provisions relating to a National Veterans’ Employment and Training Services Institute for provisions relating to national veterans’ employment and training programs.Enacted provision · exact public law section
(a) Establishment of Institute.— Section 2009 is amended to read as follows: “§ 2009. National Veterans’ Employment and Training Services Institute “(a) In order to provide for such training as the Secretary considers necessary and appropriate for the efficient and effective provision of employment, job-training, counseling, placement, job-search, and related services to veterans, the Secretary shall establish and make available such funds as may be necessary to operate a National Veterans’ Employment and Training Services Institute for the training of disabled veterans’ outreach program specialists, local veterans’ employment representatives, Directors for Veterans’ Employment and Training, and Assistant Directors for Veterans’ Employment and Training, Regional Administrators for Veterans’ Employment and Training, and such other personnel involved in the provision of employment, job-training, counseling, placement, or related services to veterans as the Secretary considers appropriate, including travel expenses and per diem for attendance at the Institute. “(b) In implementing this section, the Secretary shall, as the Secretary considers appropriate, provide, out of program funds designated for the Institute, training for Veterans’ Employment and Training Service personnel, including travel expenses and per diem to attend the Institute.”.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 4109
Pub. L. 102–83 renumbered section 2009 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83 renumbered section 2009 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.Jobs for 38 usc 101 note. Veterans Act
Pub. L. 107–288 § 5(a)(1)(F) · 116 Stat. 2033
Substituted · 38 U.S.C. § 4109(a)
Pub. L. 107–288, § 5(a)(1)(F), substituted “intensive services,” for “counseling,” in two places
Source evidence
Code amendment note
Subsec. (a). Pub. L. 107–288, § 5(a)(1)(F), substituted “intensive services,” for “counseling,” in two places.Enacted provision · exact public law section
(F) Section 4109(a) is amended by striking “counseling,” each place it appears and inserting “intensive services,”.Jobs for 38 usc 101 note. Veterans Act
Pub. L. 107–288 § 5(e) · 116 Stat. 2033
Added · 38 U.S.C. § 4109(c)
Pub. L. 107–288, § 5(e), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 107–288, § 5(e), added subsec. (c).Enacted provision · exact public law section
(e) Clarification of Authority of NVETSI To Provide Training for Personnel of Other Departments and Agencies.— Section 4109 is amended by adding at the end the following new subsection: “(c) (1) Nothing in this section shall be construed as preventing the Institute to enter into contracts or agreements with departments or agencies of the United States or of a State, or with other organizations, to carry out training of personnel of such departments, agencies, or organizations in the provision of services referred to in subsection (a). “(2) All proceeds collected by the Institute under a contract or agreement referred to in paragraph (1) shall be applied to the applicable appropriation.”.VOW to Hire Heroes Act of 2011
Pub. L. 112–56 title II § 240(a) · 125 Stat. 727
Added · 38 U.S.C. § 4109(d)
Pub. L. 112–56 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 112–56 added subsec. (d).Enacted provision · exact public law section
(a) In General.— Section 4109 of title 38, United States Code, is amended by adding at the end the following new subsection: “(d) (1) The Secretary shall require that each disabled veterans’ outreach program specialist and local veterans’ employment representative who receives training provided by the Institute, or its successor, is given a final examination to evaluate the specialist’s or representative’s performance in receiving such training. “(2) The results of such final examination shall be provided to the entity that sponsored the specialist or representative who received the training.” .Effective date note
Pub. L. 112–56, title II, § 240(b), Nov. 21, 2011, 125 Stat. 727, provided that: “Subsection (d) of section 4109 of title 38, United States Code, as added by subsection (a), shall apply with respect to training provided by the National Veterans’ Employment and Training Services Institute that begins on or after the date that is 180 days after the date of the enactment of this Act [Nov. 21, 2011].”
7 of 7 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
Prior section 4109, Pub. L. 85–857, , 72 Stat. 1246; Pub. L. 93–82, title II, § 205(a), , 87 Stat. 192; Pub. L. 96–330, title I, § 114, , 94 Stat. 1039; Pub. L. 96–385, title V, § 508(b), , 94 Stat. 1538; Pub. L. 97–72, title IV, § 402(a), , 95 Stat. 1062; Pub. L. 97–295, § 4(84), , 96 Stat. 1312; Pub. L. 99–272, title XV, § 15204(b), , 100 Stat. 335; Pub. L. 99–509, title VII, § 7003(a), , 100 Stat. 1949, related to retirement rights, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), , 105 Stat. 210. See section 7426 of this title.
Amendments1988–2011 · 4 rounds
2011
Subsec. (d). Pub. L. 112–56 added subsec. (d).
2002
Subsec. (a). Pub. L. 107–288, § 5(a)(1)(F), substituted “intensive services,” for “counseling,” in two places.
Subsec. (c). Pub. L. 107–288, § 5(e), added subsec. (c).
1991
Pub. L. 102–83 renumbered section 2009 of this title as this section.
1988
Pub. L. 100–323 amended section generally, substituting provisions relating to a National Veterans’ Employment and Training Services Institute for provisions relating to national veterans’ employment and training programs.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Pub. L. 112–56, title II, § 240(b), , 125 Stat. 727, provided that: “Subsection (d) of section 4109 of title 38, United States Code, as added by subsection (a), shall apply with respect to training provided by the National Veterans’ Employment and Training Services Institute that begins on or after the date that is 180 days after the date of the enactment of this Act [].”
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–323 effective on 60th day after , see section 16(b)(2) of Pub. L. 100–323, set out as a note under section 3104 of this title.
Credits
1982–2011 · 5 acts
- 1982Added Pub. L. 97–306, title III, § 308(a), , 96 Stat. 1440, § 2009
- 1988amended Pub. L. 100–323, § 8(a), , 102 Stat. 566
- 1991renumbered § 4109, Pub. L. 102–83, § 5(a), , 105 Stat. 406
- 2002Pub. L. 107–288, § 5(a)(1)(F), (e), , 116 Stat. 2044, 2046
- 2011Pub. L. 112–56, title II, § 240(a), , 125 Stat. 727.
Show as published
(Added Pub. L. 97–306, title III, § 308(a), , 96 Stat. 1440, § 2009; amended Pub. L. 100–323, § 8(a), , 102 Stat. 566; renumbered § 4109, Pub. L. 102–83, § 5(a), , 105 Stat. 406; Pub. L. 107–288, § 5(a)(1)(F), (e), , 116 Stat. 2044, 2046; Pub. L. 112–56, title II, § 240(a), , 125 Stat. 727.)