§ 4104. — Local veterans' employment representatives.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC4104]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 41--JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS
Sec. 4104. Local veterans' employment representatives
(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.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1219, Sec. 2013; renumbered
Sec. 2004, 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. 1095; Pub. L. 94-
502, title VI, Sec. 606(2), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100-
323, Sec. 3(a), May 20, 1988, 102 Stat. 560; Pub. L. 101-237, title IV,
Sec. 423(b)(8)(B), Dec. 18, 1989, 103 Stat. 2093; Pub. L. 102-16,
Sec. 10(a)(8), Mar. 22, 1991, 105 Stat. 56; renumbered Sec. 4104 and
amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406;
Pub. L. 107-14, Sec. 8(a)(10), June 5, 2001, 115 Stat. 35; Pub. L. 107-
95, Sec. 9(b), Dec. 21, 2001, 115 Stat. 920; Pub. L. 107-288,
Sec. 4(b)(2), Nov. 7, 2002, 116 Stat. 2043.)
Prior Provisions
Prior section 4104, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1244;
Pub. L. 89-785, title I, Sec. 104, Nov. 7, 1966, 80 Stat. 1369; Pub. L.
94-123, Sec. 5(a), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94-581, title I,
Sec. 110(3), title II, Secs. 209(a)(1), (2), 210(c)(3), Oct. 21, 1976,
90 Stat. 2848, 2860, 2863; Pub. L. 96-151, title III, Sec. 302(a), Dec.
20, 1979, 93 Stat. 1096; Pub. L. 98-160, title II, Sec. 201, Nov. 21,
1983, 97 Stat. 1000; Pub. L. 98-528, title I, Sec. 108, Oct. 19, 1984,
98 Stat. 2690; Pub. L. 100-322, title II, Sec. 211(a), May 20, 1988, 102
Stat. 513; Pub. L. 101-366, title I, Sec. 102(a), Aug. 15, 1990, 104
Stat. 430, related to appointment of additional personnel for medical
care of veterans, prior to repeal by Pub. L. 102-40, title IV,
Sec. 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7401 of this
title.
Provisions similar to those comprising this section were contained
in former section 2003 of this title prior to the amendment of this
chapter by Pub. L. 92-540.
Amendments
2002--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.
2001--Subsec. (a)(1). Pub. L. 107-14, Sec. 8(a)(10)(A)(i),
substituted ``For any fiscal year,'' for ``Beginning with fiscal year
1988,'' in introductory provisions.
Subsec. (a)(1)(B). Pub. L. 107-14, Sec. 8(a)(10)(A)(ii), substituted
``subparagraph (A)'' for ``clause (A)''.
Subsec. (a)(1)(C). Pub. L. 107-14, Sec. 8(a)(10)(A)(iii),
substituted ``subparagraphs (A) and (B)'' for ``clauses (A) and (B)''.
Subsec. (a)(4). Pub. L. 107-14, Sec. 8(a)(10)(B), struck out ``on or
after July 1, 1988'' after ``local veterans' employment
representatives''.
Subsec. (b). Pub. L. 107-14, Sec. 8(a)(10)(C)(i), substituted
``shall perform the following functions:'' for ``shall--'' in
introductory provisions.
Subsec. (b)(1) to (10). Pub. L. 107-14, Sec. 8(a)(10)(C)(ii), (iii),
capitalized the first letter of the first word and substituted a period
for the semicolon at end.
Subsec. (b)(11). Pub. L. 107-95, Sec. 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, Sec. 8(a)(10)(C)(iv). See
below.
Pub. L. 107-14, Sec. 8(a)(10)(C)(ii), (iv), capitalized the first
letter of the first word and substituted a period for ``; and'' at end.
Subsec. (b)(12). Pub. L. 107-95, Sec. 9(b)(2), substituted ``; and''
for period at end.
Pub. L. 107-14, Sec. 8(a)(10)(C)(ii), capitalized the first letter
of the first word.
Subsec. (b)(13). Pub. L. 107-95, Sec. 9(b)(3), added par. (13).
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 2004 of this
title as this section.
Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted
``4102A(b)(5)(A)(ii)'' for ``2002A(b)(5)(A)(ii)'' in introductory
provisions.
Pub. L. 102-16, Sec. 10(a)(8)(A), (B), substituted ``appointment''
for ``assignment'' in two places in introductory provisions and in
subpar. (C).
Subsec. (a)(4). Pub. L. 102-16, Sec. 10(a)(8)(C), substituted
``appointment'' for ``assigning''.
Subsec. (b)(6). Pub. L. 102-83, Sec. 5(c)(1), substituted ``4212''
for ``2012''.
Subsec. (b)(10). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1712A''
for ``612A''.
Subsec. (d). Pub. L. 102-16, Sec. 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.''
1989--Subsec. (b)(7). Pub. L. 101-237 substituted ``Department of
Veterans Affairs'' for ``Veterans' Administration''.
1988--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.''
1976--Pub. L. 94-502 substituted ``eligible veterans or eligible
persons'' for ``eligible veterans'' and ``such representative's'' for
``his''.
1972--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.
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 years under this chapter beginning on or after such date,
see section 4(b)(3) of Pub. L. 107-288, set out as a note under section
4103A of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-323 effective May 20, 1988, except that
subsec. (a)(1) to (3) effective for all of fiscal year 1988 and
subsequent fiscal years, see section 16(a), (b)(1)(C) of Pub. L. 100-
323, set out as a note under section 3104 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 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.
Pilot Program To Integrate and Streamline Functions of Local Veterans'
Employment Representatives
Pub. L. 104-275, title III, Sec. 303, Oct. 9, 1996, 110 Stat. 3332,
as amended by Pub. L. 105-368, title X, Sec. 1005(c)(1), Nov. 11, 1998,
112 Stat. 3366, provided that:
``(a) Authority To Conduct Pilot Program.--In order to assess the
effects on the timeliness and quality of services to veterans resulting
from re-focusing the staff resources of local veterans' employment
representatives, the Secretary of Labor may conduct a pilot program
under which the primary responsibilities of local veterans' employment
representatives will be case management and the provision and
facilitation of direct employment and training services to veterans.
``(b) Authorities Under Chapter 41.--To implement the pilot program,
the Secretary of Labor may suspend or limit application of those
provisions of chapter 41 of title 38, United States Code (other than
subsections (b)(1) and (c) of section 4104) that pertain to the Local
Veterans' Employment Representative Program in States designated by the
Secretary under subsection (d), except that the Secretary may use the
authority of such chapter, as the Secretary may determine, in
conjunction with the authority of this section, to carry out the pilot
program. The Secretary may collect such data as the Secretary considers
necessary for assessment of the pilot program. The Secretary shall
measure and evaluate on a continuing basis the effectiveness of the
pilot program in achieving its stated goals in general, and in achieving
such goals in relation to their cost, their effect on related programs,
and their structure and mechanisms for delivery of services.
``(c) Targeted Veterans.--Within the pilot program, eligible
veterans who are among groups most in need of intensive services,
including disabled veterans, economically disadvantaged veterans, and
veterans separated within the previous four years from active military,
naval, or air service shall be given priority for service by local
veterans' employment representatives. Priority for the provision of
service shall be given first to disabled veterans and then to the other
categories of veterans most in need of intensive services in accordance
with priorities determined by the Secretary of Labor in consultation
with appropriate State labor authorities.
``(d) States Designated.--The pilot program shall be limited to not
more than five States to be designated by the Secretary of Labor.
``(e) Reports to Congress.--(1) Not later than one year after the
date of the enactment of this Act [Oct. 9, 1996], the Secretary of Labor
shall submit to the Committees on Veterans' Affairs of the Senate and
the House of Representatives an interim report describing in detail the
development and implementation of the pilot program on a State by State
basis.
``(2) Not later than 120 days after the expiration of this section
under subsection (h), the Secretary of Labor shall submit to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives a final report evaluating the results of the pilot
program and make recommendations based on the evaluation, which may
include legislative recommendations.
``(f) Definitions.--For the purposes of this section:
``(1) The term `veteran' has the meaning given such term by
section 101(2) of title 38, United States Code.
``(2) The term `disabled veteran' has the meaning given such
term by section 4211(3) of such title.
``(3) The term `active military, naval, or air service' has the
meaning given such term by section 101(24) of such title.
``(g) Allocation of Funds.--Any amount otherwise available for
fiscal year 1997, 1998, or 1999 to carry out section 4102A(b)(5) of
title 38, United States Code, with respect to a State designated by the
Secretary of Labor pursuant to subsection (d) shall be available to
carry out the pilot program during that fiscal year with respect to that
State.
``(h) Expiration Date.--The authority to carry out the pilot program
under this section shall expire on October 1, 1999.''
Section Referred to in Other Sections
This section is referred to in section 4102A of this title; title 5
section 5948.
