§ 4106. — Estimate of funds for administration; authorization of appropriations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC4106]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 41--JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS
Sec. 4106. Estimate of funds for administration; authorization
of appropriations
(a) The Secretary shall estimate the funds necessary for the proper
and efficient administration of this chapter and chapters 42 and 43 of
this title. 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 intensive services, placement, and training
services to eligible veterans and eligible persons provided by the
various State public employment service agencies shall each be
separately identified in the budgets of those agencies as approved by
the Department of Labor. Funds estimated pursuant to the first sentence
of this subsection shall include amounts necessary in all of the States
for the purposes specified in paragraph (5) of section 4102A(b) of this
title and to fund the National Veterans' Employment and Training
Services Institute under section 4109 of this title and shall be
approved by the Secretary only if the level of funding proposed is in
compliance with such sections. Each budget submission with respect to
such funds shall include a separate listing of the amount for the
National Veterans' Employment and Training Services Institute together
with information demonstrating the compliance of such budget submission
with the funding requirements specified in the preceding sentence.
(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.
(Added Pub. L. 92-540, title V, Sec. 502(a), Oct. 24, 1972, 86 Stat.
1096, Sec. 2006; amended Pub. L. 93-508, title IV, Sec. 401(e), Dec. 3,
1974, 88 Stat. 1592; Pub. L. 94-502, title VI, Sec. 603, Oct. 15, 1976,
90 Stat. 2404; Pub. L. 97-306, title III, Sec. 306, Oct. 14, 1982, 96
Stat. 1440; Pub. L. 100-323, Secs. 2(b), (c), (e)(2), 15(a)(2), May 20,
1988, 102 Stat. 558, 559, 574; renumbered Sec. 4106 and amended Pub. L.
102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107-288,
Secs. 4(d)(1), 5(a)(1)(C), Nov. 7, 2002, 116 Stat. 2044.)
Prior Provisions
Prior section 4106, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1245;
Pub. L. 89-785, title I, Sec. 106, Nov. 7, 1966, 80 Stat. 1369; Pub. L.
94-123, Sec. 5(c), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94-581, title I,
Sec. 110(5), title II, Sec. 209(a)(1), (b)(1), Oct. 21, 1976, 90 Stat.
2848, 2860, 2861; Pub. L. 96-151, title III, Sec. 303, Dec. 20, 1979, 93
Stat. 1096; Pub. L. 98-160, title II, Sec. 203(a), Nov. 21, 1983, 97
Stat. 1000; Pub. L. 99-576, title VII, Sec. 701(86), Oct. 28, 1986, 100
Stat. 3298; Pub. L. 100-322, title II, Sec. 221, May 20, 1988, 102 Stat.
531; Pub. L. 101-237, title II, Sec. 203, Dec. 18, 1989, 103 Stat. 2067,
related to period of appointment and promotions of persons appointed to
Department of Medicine and Surgery, prior to repeal by Pub. L. 102-40,
title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7403
of this title.
Provisions similar to those comprising this section were contained
in former section 2005 of this title prior to the amendment of this
chapter by Pub. L. 92-540.
Amendments
2002--Subsec. (a). Pub. L. 107-288, Sec. 5(a)(1)(C), substituted
``proper intensive services'' for ``proper counseling''.
Pub. L. 107-288, Sec. 4(d)(1), amended last sentence generally.
Prior to amendment, last sentence read as follows: ``Each budget
submission with respect to such funds shall include separate listings of
the amount for the National Veterans' Employment and Training Services
Institute and of the proposed numbers, by State, of disabled veterans'
outreach program specialists appointed under section 4103A of this title
and local veterans' employment representatives assigned under section
4104 of this title, together with information demonstrating the
compliance of such budget submission with the funding requirements
specified in the preceding sentence.''
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 2006 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``4102A(b)''
for ``2002A(b)'', ``4109'' for ``2009'', ``4103A'' for ``2003A'', and
``4104'' for ``2004''.
1988--Subsec. (a). Pub. L. 100-323, Sec. 15(a)(2), struck out ``of
Labor'' after ``Secretary'' in first and fifth sentences.
Pub. L. 100-323, Sec. 2(b), (e)(2), substituted ``in all of the
States for the purposes specified in paragraph (5) of section 2002A(b)
of this title and to fund the National Veterans' Employment and Training
Services Institute under section 2009'' for ``to fund the disabled
veterans' outreach program under section 2003A'' and ``with such
sections'' for ``with such section'' in fifth sentence, inserted after
fifth sentence ``Each budget submission with respect to such funds shall
include separate listings of the amount for the National Veterans'
Employment and Training Services Institute and of the proposed numbers,
by State, of disabled veterans' outreach program specialists appointed
under section 2003A of this title and local veterans' employment
representatives assigned under section 2004 of this title, together with
information demonstrating the compliance of such budget submission with
the funding requirements specified in the preceding sentence.'', and
struck out at end ``Each budget submission with respect to such funds
shall include a separate listing of the proposed number, by State, for
disabled veterans outreach program specialists appointed under such
section. The Secretary shall carry out this subsection through the
Assistant Secretary for Veterans' Employment.''
Subsec. (d). Pub. L. 100-323, Sec. 2(c), struck out ``, except with
the approval of the Secretary of Labor, upon the recommendation of the
Assistant Secretary of Labor for Veterans' Employment, based on a
demonstrated lack of need for such funds for such purposes'' after ``in
such subsections''.
1982--Subsec. (a). Pub. L. 97-306, Sec. 306(a), inserted ``and
chapters 42 and 43 of this title'' after ``administration of this
chapter'', and inserted provisions at end relating to the inclusion in
estimated necessary funds of amounts necessary to fund the disabled
veterans' outreach program, inclusion in budgets of the proposed number
for program specialists, and the carrying out of this subsection through
the Assistant Secretary for Veterans' Employment.
Subsec. (d). Pub. L. 97-306, Sec. 306(b), inserted ``, upon the
recommendation of the Assistant Secretary of Labor for Veterans'
Employment,'' after ``Secretary of Labor''.
1976--Subsec. (a). Pub. L. 94-502 substituted ``agencies shall each
be'' for ``agencies shall be''.
1974--Subsec. (a). Pub. L. 93-508 substituted ``training services to
eligible veterans and eligible persons'' for ``training services to
veterans''.
Effective Date of 2002 Amendment
Pub. L. 107-288, Sec. 4(d)(2), Nov. 7, 2002, 116 Stat. 2044,
provided that: ``The amendment made by paragraph (1) [amending this
section] shall take effect on the date of the enactment of this Act
[Nov. 7, 2002], and apply to budget submissions for fiscal year 2004 and
each subsequent fiscal year.''
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
Section effective 90 days after Oct. 24, 1972, see section 601(b) of
Pub. L. 92-540, set out as an Effective Date of 1972 Amendment note
under section 4101 of this title.
Section Referred to in Other Sections
This section is referred to in section 4107 of this title.
