§ 4103. — Directors and Assistant Directors for Veterans' Employment and Training.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC4103]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 41--JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS
Sec. 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.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1218, Sec. 2012; renumbered
Sec. 2003, Pub. L. 87-675, Sec. 1(a), Sept. 19, 1962, 76 Stat. 558;
amended Pub. L. 89-358, Sec. 6(c)(1), Mar. 3, 1966, 80 Stat. 27; Pub. L.
92-540, title V, Sec. 502(a), Oct. 24, 1972, 86 Stat. 1094; Pub. L. 93-
508, title IV, Sec. 401(c), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94-502,
title VI, Secs. 602, 606(1), Oct. 15, 1976, 90 Stat. 2404, 2405; Pub. L.
96-466, title V, Sec. 505, title VIII, Sec. 801(i), Oct. 17, 1980, 94
Stat. 2204, 2216; Pub. L. 97-295, Sec. 4(70), Oct. 12, 1982, 96 Stat.
1310; Pub. L. 97-306, title III, Sec. 304(a)(1), (b), (c), Oct. 14,
1982, 96 Stat. 1437, 1438; Pub. L. 100-323, Secs. 5, 7(a), 15(a)(2),
(c)(1), (3)(A), May 20, 1988, 102 Stat. 563, 564, 574; Pub. L. 101-237,
title IV, Sec. 423(b)(8)(B), Dec. 18, 1989, 103 Stat. 2093; renumbered
Sec. 4103 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,
105 Stat. 406; Pub. L. 103-446, title XII, Sec. 1201(d)(14), Nov. 2,
1994, 108 Stat. 4684; Pub. L. 104-275, title III, Sec. 302, Oct. 9,
1996, 110 Stat. 3332; Pub. L. 107-288, Sec. 4(a)(1), Nov. 7, 2002, 116
Stat. 2042.)
References in Text
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (a)(3), are classified generally to
section 3301 et seq. of Title 5, Government Organization and Employees.
Prior Provisions
Prior section 4103, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1243;
Pub. L. 86-568, title I, Sec. 114(a)-(e), July 1, 1960, 74 Stat. 300;
Pub. L. 87-574, Sec. 5, Aug. 6, 1962, 76 Stat. 309; Pub. L. 87-793,
Sec. 801, Oct. 11, 1962, 76 Stat. 859; Pub. L. 88-18, May 8, 1963, 77
Stat. 15; Pub. L. 88-426, title I, Sec. 117(a), Aug. 14, 1964, 78 Stat.
409; Pub. L. 89-785, title I, Sec. 103(a), (b), Nov. 7, 1966, 80 Stat.
1368; Pub. L. 93-82, title II, Sec. 202, Aug. 2, 1973, 87 Stat. 188;
Pub. L. 94-581, title I, Sec. 110(2), title II, Secs. 205(d), 209(c)(1),
210(c)(2), Oct. 21, 1976, 90 Stat. 2848, 2859, 2861, 2863; Pub. L. 96-
330, title I, Sec. 105(b), title III, Sec. 303, Aug. 26, 1980, 94 Stat.
1036, 1050; Pub. L. 100-687, div. B, title XV, Sec. 1506(b)(1), Nov. 18,
1988, 102 Stat. 4135, related to Office of Chief Medical Director, prior
to repeal by Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105
Stat. 210. See section 7306 of this title.
Provisions similar to those comprising this section were contained
in section 2002 of this title prior to the amendment of this chapter by
Pub. L. 92-540.
Amendments
2002--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.
1996--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.
1994--Subsec. (c)(2). Pub. L. 103-446 substituted ``subchapter II of
chapter 77'' for ``subchapter IV of chapter 3''.
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 2003 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``4107'' for
``2007''.
Subsec. (c)(8). Pub. L. 102-83, Sec. 5(c)(1), substituted ``4212''
for ``2012``.
Subsec. (c)(11). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1712A''
for ``612A''.
1989--Subsec. (c)(2), (10). Pub. L. 101-237 substituted ``Department
of Veterans Affairs'' for ``Veterans' Administration''.
1988--Pub. L. 100-323, Sec. 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.
Subsec. (a). Pub. L. 100-323, Sec. 15(a)(2), struck out ``of Labor''
after ``The Secretary'' at beginning.
Pub. L. 100-323, Sec. 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''.
Subsec. (b)(1)(A). Pub. L. 100-323, Sec. 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''.
Pub. L. 100-323, Sec. 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).
Subpar. (b)(1)(B). Pub. L. 100-323, Sec. 5(4), added subpar. (B).
Subsec. (b)(2). Pub. L. 100-323, Sec. 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''.
Pub. L. 100-323, Sec. 15(a)(2), struck out ``of Labor'' after ``to
the Secretary''.
Subsec. (c). Pub. L. 100-323, Sec. 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''.
Subsec. (c)(1). Pub. L. 100-323, Sec. 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''.
Subsec. (c)(2). Pub. L. 100-323, Sec. 7(a)(2), inserted ``and
otherwise to promote the employment of eligible veterans and eligible
persons'' after ``opportunities''.
Subsec. (c)(13) to (15). Pub. L. 100-323, Sec. 7(a)(3)-(5), added
cls. (13) to (15).
1982--Pub. L. 97-306, Sec. 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.
Pub. L. 97-295 substituted ``chapter 51 and'' for ``chapter 51 of''.
Subsec. (c)(6). Pub. L. 97-306, Sec. 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.
Subsec. (c)(8) to (12). Pub. L. 97-306, Sec. 304(c), added cls. (8)
to (12).
1980--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''.
1976--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).
1974--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''.
1972--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.
1966--Pub. L. 89-358 inserted ``or of service after January 31,
1955'' after ``veterans of any war''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-288 effective Nov. 7, 2002, and applicable
for program and fiscal years under this chapter beginning on or after
such date, see section 4(a)(4) of Pub. L. 107-288, set out as a note
under section 4102A of this title.
Effective Date of 1988 Amendment
Amendment by section 15(a)(2), (c)(1), (3)(A) of Pub. L. 100-323
effective May 20, 1988, and amendment by sections 5 and 7(a) of Pub. L.
100-323 effective on 60th day after 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.
Effective Date of 1980 Amendment
Amendment by section 505 of Pub. L. 96-466 effective Oct. 1, 1980,
see section 802(e) of Pub. L. 96-466, set out as a note under section
4101 of this title.
Amendment by section 801(i) of Pub. L. 96-466 effective Oct. 1,
1980, see section 802(h) of Pub. L. 96-466, set out as a note under
section 3452 of this title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-502 effective Dec. 1, 1976, see section
703(c) of Pub. L. 94-502, set out as an Effective Date note under
section 3693 of this title.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section 503
of Pub. L. 93-508, set out as a note under section 3452 of this title.
Effective Date of 1972 Amendment
Amendment by Pub. L. 92-540 effective 90 days after Oct. 24, 1972,
see section 601(b) of Pub. L. 92-540, set out as a note under section
4101 of this title.
Section Referred to in Other Sections
This section is referred to in section 4102A of this title; title 42
section 1101.
