§ 4100. — Findings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC4100]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 41--JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS
Sec. 4100. Findings
The Congress makes the following findings:
(1) As long as unemployment and underemployment continue as
serious problems among disabled veterans and Vietnam-era veterans,
alleviating unemployment and underemployment among such veterans is
a national responsibility.
(2) Because of the special nature of employment and training
needs of such veterans and the national responsibility to meet those
needs, policies and programs to increase opportunities for such
veterans to obtain employment, job training, counseling, and job
placement services and assistance in securing advancement in
employment should be effectively and vigorously implemented by the
Secretary of Labor and such implementation should be accomplished
through the Assistant Secretary of Labor for Veterans' Employment
and Training.
(Added Pub. L. 97-306, title III, Sec. 301(a), Oct. 14, 1982, 96 Stat.
1436, Sec. 2000; amended Pub. L. 100-323, Sec. 15(b)(1), May 20, 1988,
102 Stat. 574; renumbered Sec. 4100, Pub. L. 102-83, Sec. 5(a), Aug. 6,
1991, 105 Stat. 406.)
Amendments
1991--Pub. L. 102-83 renumbered section 2000 of this title as this
section.
1988--Par. (2). Pub. L. 100-323, Sec. 15(b)(1), inserted ``and
Training'' after ``for Veterans' Employment''.
Committee To Raise Employer Awareness of Skills of Veterans and Benefits
of Hiring Veterans
Pub. L. 107-288, Sec. 6, Nov. 7, 2002, 116 Stat. 2046, provided
that:
``(a) Establishment of Committee.--There is established within the
Department of Labor a committee to be known as the President's National
Hire Veterans Committee (hereinafter in this section referred to as the
`Committee').
``(b) Duties.--The Committee shall establish and carry out a
national program to do the following:
``(1) To furnish information to employers with respect to the
training and skills of veterans and disabled veterans, and the
advantages afforded employers by hiring veterans with such training
and skills.
``(2) To facilitate employment of veterans and disabled veterans
through participation in America's Career Kit national labor
exchange, and other means.
``(c) Membership.--(1) The Secretary of Labor shall appoint 15
individuals to serve as members of the Committee, of whom one shall be
appointed from among representatives nominated by each organization
described in subparagraph (A) and of whom eight shall be appointed from
among representatives nominated by organizations described in
subparagraph (B).
``(A) Organizations described in this subparagraph are the
following:
``(i) The Ad Council.
``(ii) The National Committee for Employer Support of the
Guard and Reserve.
``(iii) Veterans' service organizations that have a national
employment program.
``(iv) State employment security agencies.
``(v) One-stop career centers.
``(vi) State departments of veterans affairs.
``(vii) Military service organizations.
``(B) Organizations described in this subparagraph are such
businesses, small businesses, industries, companies in the private
sector that furnish placement services, civic groups, workforce
investment boards, and labor unions as the Secretary of Labor
determines appropriate.
``(2) The following shall be ex officio, nonvoting members of the
Committee:
``(A) The Secretary of Veterans Affairs.
``(B) The Secretary of Defense.
``(C) The Assistant Secretary of Labor for Veterans' Employment
and Training.
``(D) The Administrator of the Small Business Administration.
``(E) The Postmaster General.
``(F) The Director of the Office of Personnel Management.
``(3) A vacancy in the Committee shall be filled in the manner in
which the original appointment was made.
``(d) Administrative Matters.--(1) The Committee shall meet not less
frequently than once each calendar quarter.
``(2) The Secretary of Labor shall appoint the chairman of the
Committee.
``(3)(A) Members of the Committee shall serve without compensation.
``(B) Members of the Committee shall be allowed reasonable and
necessary travel expenses, including per diem in lieu of subsistence, at
rates authorized for persons serving intermittently in the Government
service in accordance with the provisions of subchapter I of chapter 57
of title 5 [United States Code] while away from their homes or regular
places of business in the performance of the responsibilities of the
Committee.
``(4) The Secretary of Labor shall provide staff and administrative
support to the Committee to assist it in carrying out its duties under
this section. The Secretary shall assure positions on the staff of the
Committee include positions that are filled by individuals that are now,
or have ever been, employed as one of the following:
``(A) Staff of the Assistant Secretary of Labor for Veterans'
Employment and Training under section 4102A of title 38, United
States Code as in effect on the date of the enactment of this Act
[Nov. 7, 2002].
``(B) Directors for Veterans' Employment and Training under
section 4103 of such title as in effect on such date.
``(C) Assistant Director for Veterans' Employment and Training
under such section as in effect on such date.
``(D) Disabled veterans' outreach program specialists under
section 4103A of such title as in effect on such date.
``(E) Local veterans' employment representatives under section
4104 of such title as in effect on such date.
``(5) Upon request of the Committee, the head of any Federal
department or agency may detail, on a nonreimbursable basis, any of the
personnel of that department or agency to the Committee to assist it in
carrying out its duties.
``(6) The Committee may contract with and compensate government and
private agencies or persons to furnish information to employers under
subsection (b)(1) without regard to section 3709 of the Revised Statutes
(41 U.S.C. 5).
``(e) Report.--Not later than December 31, 2003, 2004, and 2005, the
Secretary of Labor shall submit to Congress a report on the activities
of the Committee under this section during the previous fiscal year, and
shall include in such report data with respect to placement and
retention of veterans in jobs attributable to the activities of the
Committee.
``(f) Termination.--The Committee shall terminate 60 days after
submitting the report that is due on December 31, 2005.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Labor from the employment security
administration account (established in section 901 of the Social
Security Act (42 U.S.C. 1101)) in the Unemployment Trust Fund $3,000,000
for each of fiscal years 2003 through 2005 to carry out this section.''
Report on Implementation of Employment Reforms
Pub. L. 107-288, Sec. 7, Nov. 7, 2002, 116 Stat. 2048, provided
that:
``(a) Study.--The Comptroller General of the United States shall
conduct a study on the implementation by the Secretary of Labor of the
provisions of this Act [see Short Title of 2002 Amendments note set out
under section 101 of this title] during the program years that begin
during fiscal years 2003 and 2004. The study shall include an assessment
of the modifications under sections 2 through 5 of this Act of the
provisions of title 38, United States Code, and an evaluation of the
impact of those modifications, and of the actions of the President's
National Hire Veterans Committee under section 6 of this Act [set out as
a note above], to the provision of employment, training, and placement
services provided to veterans under that title.
``(b) Report.--Not later than 6 months after the conclusion of the
program year that begins during fiscal year 2004, the Comptroller
General shall submit to Congress a report on the study conducted under
subsection (a). The report shall include such recommendations as the
Comptroller General determines appropriate, including recommendations
for legislation or administrative action.''
Pilot Program To Furnish Employment and Training Information and
Services to Members of Armed Forces Separating From Armed Forces
Pub. L. 101-237, title IV, Sec. 408, Dec. 18, 1989, 103 Stat. 2083,
as amended by Pub. L. 104-66, title I, Sec. 1101, Dec. 21, 1995, 109
Stat. 722, provided that:
``(a) Requirement for Program.--During the three-year period
beginning on January 1, 1990, the Secretary of Labor (hereafter in this
section referred to as the `Secretary'), in conjunction with the
Secretary of Veterans Affairs and the Secretary of Defense, shall
conduct a pilot program to furnish employment and training information
and services to members of the Armed Forces within 180 days before such
members are separated from the Armed Forces.
``(b) Areas To Be Covered by the Program.--The Secretary shall
conduct the pilot program in at least five, but not more than ten,
geographically dispersed States in which the Secretary determines that
employment and training services to eligible veterans will not be unduly
limited by the provision of such services to members of the Armed Forces
under the pilot program.
``(c) Utilization of Specific Personnel.--The Secretary shall
utilize disabled veterans' outreach program specialists or local
veterans' employment representatives to the maximum extent feasible to
furnish employment and training information and services under the pilot
program.''
