§ 4107. — Administrative controls; annual report.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC4107]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 41--JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS
Sec. 4107. Administrative controls; annual report
(a) The Secretary shall establish administrative controls for the
following purposes:
(1) To insure that each eligible veteran, especially veterans of
the Vietnam era and disabled veterans, and each eligible person who
requests assistance under this chapter shall promptly be placed in a
satisfactory job or job training opportunity or receive some other
specific form of assistance designed to enhance such veteran's and
eligible person's employment prospects substantially, such as
individual job development or intensive services.
(2) To determine whether or not the employment service agencies
in each State have committed the necessary staff to insure that the
provisions of this chapter are carried out; and to arrange for
necessary corrective action where staff resources have been
determined by the Secretary to be inadequate.
(b) The Secretary shall apply performance standards established
under section 4102A(f) of this title for determining compliance by the
State public employment service agencies with the provisions of this
chapter and chapter 42 of this title. Not later than February 1 of each
year, the Secretary shall report to the Committees on Veterans' Affairs
of the Senate and the House of Representatives on the performance of
States and organizations and entities carrying out employment, training,
and placement services under this chapter, as measured under subsection
(b)(7) of section 4102A of this title. In the case of a State that the
Secretary determines has not met the minimum standard of performance
(established by the Secretary under subsection (f) of such section), the
Secretary shall include an analysis of the extent and reasons for the
State's failure to meet that minimum standard, together with the State's
plan for corrective action during the succeeding year.
(c) Not later than February 1 of each year, the Secretary shall
report to the Committees on Veterans' Affairs of the Senate and the
House of Representatives on the success during the preceding program
year of the Department of Labor and its affiliated State employment
service agencies in carrying out the provisions of this chapter and
programs for the provision of employment and training services to meet
the needs of eligible veterans and eligible persons. The report shall
include--
(1) specification, by State and by age group, of the numbers of
eligible veterans, disabled veterans, special disabled veterans,
eligible persons, recently separated veterans (as defined in section
4211(6) of this title), and servicemembers transitioning to civilian
careers who registered for assistance with, or who are identified as
veterans by, the public employment service system and, for each of
such categories, the numbers referred to and placed in permanent and
other jobs, the numbers referred to and placed in jobs and job
training programs supported by the Federal Government, the number
who received intensive services, and the number who received some,
and the number who received no, reportable service;
(2) a comparison of the rate of entered employment (as
determined in a manner consistent with State performance measures
applicable under section 136(b) of the Workforce Investment Act of
1998) for each of the categories of veterans and persons described
in clause (1) of this subsection with such rate of entered
employment (as so determined) for nonveterans of the same age groups
registered for assistance with the public employment system in each
State;
(3) any determination made by the Secretary during the preceding
fiscal year under section 4106 of this title or subsection (a)(2) of
this section and a statement of the reasons for such determination;
(4) a report on activities carried out during the preceding
program year under section 4212(d) of this title;
(5) a report on the operation during the preceding program year
of programs for the provision of employment and training services
designed to meet the needs of eligible veterans and eligible
persons, including an evaluation of the effectiveness of such
programs during such program year in meeting the requirements of
section 4102A(b) of this title, the efficiency with which services
were provided through such programs during such year, and such
recommendations for further legislative action relating to veterans'
employment and training as the Secretary considers appropriate; and
(6) a report on the operation during the preceding program year
of the program of performance incentive awards for quality
employment services under section 4112 of this title.
(Added Pub. L. 92-540, title V, Sec. 502(a), Oct. 24, 1972, 86 Stat.
1096, Sec. 2007; amended Pub. L. 93-508, title IV, Sec. 401(f), Dec. 3,
1974, 88 Stat. 1592; Pub. L. 94-502, title VI, Sec. 604, Oct. 15, 1976,
90 Stat. 2404; Pub. L. 95-202, title III, Sec. 309(b), Nov. 23, 1977, 91
Stat. 1446; Pub. L. 96-466, title V, Sec. 507, Oct. 17, 1980, 94 Stat.
2205; Pub. L. 97-306, title III, Sec. 307, Oct. 14, 1982, 96 Stat. 1440;
Pub. L. 100-323, Secs. 2(d), 15(a)(2), May 20, 1988, 102 Stat. 558, 574;
renumbered Sec. 4107 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 406; Pub. L. 107-288, Secs. 4(a)(3)(B), (e)(1),
5(a)(1)(D), (E), (d)(1), Nov. 7, 2002, 116 Stat. 2042, 2044, 2045.)
References in Text
Section 136(b) of the Workforce Investment Act of 1998, referred to
in subsec. (c)(2), is classified to section 2871(b) of Title 29, Labor.
Prior Provisions
Prior section 4107, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1245;
Pub. L. 86-568, title I, Sec. 114(f), July 1, 1960, 74 Stat. 301; Pub.
L. 87-793, Sec. 802, Oct. 11, 1962, 76 Stat. 860; Pub. L. 88-426, title
I, Sec. 118, Aug. 14, 1964, 78 Stat. 410; Pub. L. 89-301, Sec. 7, Oct.
29, 1965, 79 Stat. 1117; Pub. L. 89-504, title I, Sec. 105, July 18,
1966, 80 Stat. 291; Pub. L. 89-785, title I, Sec. 107(a), Nov. 7, 1966,
80 Stat. 1370; Pub. L. 90-206, title II, Sec. 208, Dec. 16, 1967, 81
Stat. 631; Pub. L. 91-496, Sec. 2, Oct. 22, 1970, 84 Stat. 1092; Pub. L.
93-82, title II, Sec. 203, Aug. 2, 1973, 87 Stat. 188; Pub. L. 94-123,
Secs. 2(b), 5(d), Oct. 22, 1975, 89 Stat. 669, 675; Pub. L. 94-581,
title I, Sec. 110(6), title II, Secs. 209(a)(1), (2), (b)(2), (c)(3),
210(c)(4), Oct. 21, 1976, 90 Stat. 2848, 2860, 2861, 2863; Pub. L. 95-
201, Sec. 5(a)(1), (2), Nov. 23, 1977, 91 Stat. 1432; Pub. L. 96-22,
title V, Sec. 504, June 13, 1979, 93 Stat. 65; Pub. L. 96-330, title I,
Secs. 105(c), 111, 112, Aug. 26, 1980, 94 Stat. 1036, 1037; Pub. L. 96-
385, title V, Sec. 508(a), Oct. 7, 1980, 94 Stat. 1538; Pub. L. 97-251,
Sec. 2(a)-(c), Sept. 8, 1982, 96 Stat. 711, 712; Pub. L. 97-295,
Sec. 4(82), Oct. 12, 1982, 96 Stat. 1311; Pub. L. 98-160, title II,
Sec. 204, Nov. 21, 1983, 97 Stat. 1001; Pub. L. 98-528, title I,
Secs. 101(b), 109, Oct. 19, 1984, 98 Stat. 2688, 2691; Pub. L. 99-576,
title VII, Sec. 701(87), Oct. 28, 1986, 100 Stat. 3299; Pub. L. 100-322,
title II, Secs. 211(b), 212(b), 213, 214(a), (b), 217, May 20, 1988, 102
Stat. 514, 516, 530; Pub. L. 100-687, div. B, title XV, Sec. 1506(b)(2),
Nov. 18, 1988, 102 Stat. 4136; Pub. L. 101-237, title II, Secs. 204,
205(a), Dec. 18, 1989, 103 Stat. 2067; Pub. L. 101-366, title I,
Secs. 101(c), 102(c), 103, Aug. 15, 1990, 104 Stat. 430, 436, 437,
related to grades and pay scales of positions in 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 sections 7404, 7426, and
7453 to 7457 of this title.
Amendments
2002--Subsec. (a)(1). Pub. L. 107-288, Sec. 5(a)(1)(D), substituted
``intensive services'' for ``employment counseling services''.
Subsec. (b). Pub. L. 107-288, Sec. 5(d)(1)(E), inserted second and
third sentences and struck out former second sentence which read as
follows: ``A full report as to the extent and reasons for any
noncompliance by any such State agency during any fiscal year, together
with the agency's plan for corrective action during the succeeding year,
shall be included in the annual report of the Secretary required by
subsection (c) of this section.''
Pub. L. 107-288, Sec. 4(a)(3)(B), substituted ``The Secretary shall
apply performance standards established under section 4102A(f) of this
title'' for ``The Secretary shall establish definitive performance
standards''.
Subsec. (c)(1). Pub. L. 107-288, Sec. 5(d)(1)(A), struck out
``veterans of the Vietnam era,'' before ``disabled veterans, special''
and substituted ``eligible persons, recently separated veterans (as
defined in section 4211(6) of this title), and servicemembers
transitioning to civilian careers who registered for assistance with, or
who are identified as veterans by,'' for ``and eligible persons who
registered for assistance with''.
Pub. L. 107-288, Sec. 5(a)(1)(E), substituted ``the number who
received intensive services'' for ``the number counseled''.
Subsec. (c)(2). Pub. L. 107-288, Sec. 5(d)(1)(B), substituted ``the
rate of entered employment (as determined in a manner consistent with
State performance measures applicable under section 136(b) of the
Workforce Investment Act of 1998) for each of the categories'' for ``the
job placement rate for each of the categories'' and ``such rate of
entered employment (as so determined) for nonveterans'' for ``the job
placement rate for nonveterans''.
Subsec. (c)(4). Pub. L. 107-288, Sec. 5(d)(1)(C), substituted
``section 4212(d)'' for ``sections 4103A and 4104''.
Subsec. (c)(5). Pub. L. 107-288, Sec. 4(e)(1), struck out
``(including the need for any changes in the formulas governing the
appointment of disabled veterans' outreach program specialists under
section 4103A(a)(2) of this title and the assignment of local veterans'
employment representatives under section 4104(b) of this title and the
allocation of funds for the support of such specialists and
representatives)'' after ``further legislative action''.
Subsec. (c)(6). Pub. L. 107-288, Sec. 5(d)(1)(D), added par. (6).
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 2007 of this
title as this section.
Subsec. (c)(3) to (5). Pub. L. 102-83, Sec. 5(c)(1), substituted
``4106'' for ``2006'' in par. (3), ``4103A and 4104'' for ``2003A and
2004'' in par. (4), and ``4102A(b)'' for ``2002A(b)'', ``4103A(a)(2)''
for ``2003A(a)(2)'', and ``4104(b)'' for ``2004(b)'' in par. (5).
1988--Subsecs. (a), (b). Pub. L. 100-323, Sec. 15(a)(2), struck out
``of Labor'' after ``Secretary'' in four places.
Subsec. (c). Pub. L. 100-323, Sec. 2(d), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``The
Secretary of Labor shall report annually to the Congress on the success
of the Department of Labor and its affiliated State employment service
agencies in carrying out the provisions of this chapter. The report
shall include, by State, specification of the numbers of eligible
veterans, veterans of the Vietnam era, disabled veterans, special
disabled veterans, and eligible persons who registered for assistance
with the public employment service system and, of each of such
categories, the number referred to jobs, the number placed in permanent
jobs as defined by the Secretary, the number referred to and the number
placed in employment and job training programs supported by the Federal
Government, the number counseled, and the number who received some
reportable service. The report shall also include any determination by
the Secretary under section 2004, 2006, or 2007(a) of this title and a
statement of the reasons for such determination. The report shall also
include a report on activities carried out under section 2003A of this
title.''
1982--Subsec. (c). Pub. L. 97-306 inserted provision that the report
shall also include a report on activities carried out under section
2003A of this title.
1980--Subsec. (a)(1). Pub. L. 96-466, Sec. 507(1), substituted
``veterans of the Vietnam era and disabled veterans'' for ``those
veterans who have been recently discharged or released from active
duty''.
Subsec. (c). Pub. L. 96-466, Sec. 507(2), substituted provisions
that the report include, by State, specification of the numbers of
eligible veterans, veterans of the Vietnam era, disabled veterans,
special disabled veterans, and eligible persons who registered for
assistance with the public employment service system and, of each of
such categories, the number referred to jobs, the number placed in
permanent jobs, the number referred to and the number placed in
employment and job training programs supported by the Federal
Government, the number counseled, and the number who received some
reportable service for provisions that the report include, by State, the
number of recently discharged or released eligible veterans, veterans
with service-connected disabilities, other eligible veterans, and
eligible persons who requested assistance through the public employment
service and, of these, the number placed in suitable employment or job
training opportunities or who were otherwise assisted, with separate
reference to occupational training and public service employment under
appropriate Federal law.
1977--Subsec. (c). Pub. L. 95-202 directed that ``2004'' be
substituted for ``2001''. Since subsec. (c) already contained a
reference to ``2004'' not ``2001'', the amendment has been carried as a
reenactment of subsec. (c) without change.
1976--Subsec. (a)(1). Pub. L. 94-502, Sec. 604(1), substituted
``such veteran's and eligible person's'' for ``his''.
Subsec. (c). Pub. L. 94-502, Sec. 604(2), (3), substituted
``occupational training and public service employment'' for
``occupational training'' and ``section 2004, 2006, or 2007(a)'' for
``section 2004 or 2006''.
1974--Subsec. (a)(1). Pub. L. 93-508, Sec. 401(f)(1), substituted
``active duty and each eligible person'' for ``active duty''.
Subsec. (b). Pub. L. 93-508, Sec. 401(f)(2), added subsec. (b) and
redesignated former subsec. (b) as (c).
Subsec. (c). Pub. L. 93-508, Sec. 401(f)(2), (3), redesignated
former subsec. (b) as (c) and substituted ``other eligible veterans, and
eligible persons'' for ``and other eligible veterans''.
Effective Date of 2002 Amendment
Amendment by section 4(a)(3)(B) of 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.
Pub. L. 107-288, Sec. 5(d)(2), Nov. 7, 2002, 116 Stat. 2046,
provided that: ``The amendments made by paragraph (1) [amending this
section] shall apply to reports for program years beginning on or after
July 1, 2003.''
Effective Date of 1980 Amendment
Amendment by 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.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-202 effective Nov. 23, 1977, see section 501
of Pub. L. 95-202, set out as a note under section 101 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
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.
Publication of Labor-Market Statistics Relating to Veterans Who Served
in Vietnam Theatre of Operations
Section 513 of Pub. L. 96-466 provided that:
``(a) When the Commissioner of the Bureau of Labor Statistics
publishes annual labor-market statistics relating specifically to
veterans who served in the Armed Forces during the Vietnam era, the
Commissioner shall also publish separate labor-market statistics on the
same subject matter which apply only to veterans who served in the
Vietnam theatre of operations. When the Commissioner of the Bureau of
Labor Statistics publishes labor-market statistics which relate
specifically to veterans who served in the Armed Forces during the
Vietnam era in addition to those statistics published on an annual basis
to which the preceding sentence applies, the Commissioner shall also, if
feasible, publish separate labor-market statistics on the same subject
matter which apply only to veterans who served in the Vietnam theatre of
operations.
``(b) For the purposes of this section, veterans who during the
Vietnam era served in Vietnam, in air missions over Vietnam, or in naval
missions in the waters adjacent to Vietnam shall be considered to be
veterans who served in the Vietnam theatre of operations.''
Section 802(e) of Pub. L. 96-466 provided in part that the
provisions of section 513 shall become effective on Oct. 1, 1980.
Section Referred to in Other Sections
This section is referred to in sections 4212, 4215 of this title.
