
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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
        
    (a) The Secretary shall assign to each State a representative of the 
Veterans' Employment 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. The Secretary shall also 
assign to each State one Assistant Director for Veterans' Employment and 
Training per each 250,000 veterans and eligible persons of the State 
veterans population and such additional Assistant Directors for 
Veterans' Employment and Training as the Secretary shall determine, 
based on the data collected pursuant to section 4107 of this title, to 
be necessary to assist the Director for Veterans' Employment and 
Training to carry out effectively in that State the purposes of this 
chapter. 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)(1)(A) Each Director for Veterans' Employment and Training and 
Assistant Director for Veterans' Employment and Training (i) shall, 
except as provided in subparagraph (B) of this paragraph, be a qualified 
veteran who at the time of appointment has been a bona fide resident of 
the State for at least two years, and (ii) 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) If, in appointing a Director or Assistant Director for any State 
under this section, the Secretary determines that there is no qualified 
veteran available who meets the residency requirement in subparagraph 
(A)(i), the Secretary may appoint as such Director or Assistant Director 
any qualified veteran.
    (2) Each Director for Veterans' Employment and Training and 
Assistant Director for Veterans' Employment and Training shall be 
attached to the public employment service system of the State to which 
they are assigned. They shall be administratively responsible to the 
Secretary for the execution of the veterans' and eligible persons' 
counseling and placement policies of the Secretary through the public 
employment service system and in cooperation with other employment and 
training programs administered by the Secretary, by grantees of Federal 
or federally funded employment and training programs in the State, or 
directly by the State.
    (c) In cooperation with the staff of the public employment service 
system and the staffs of each such other program in the State, the 
Director for Veterans' Employment and Training and Assistant Directors 
for Veterans' Employment and Training shall--
        (1)(A) functionally supervise the provision of services to 
    eligible veterans and eligible persons by such system and such 
    program and their staffs, and (B) be functionally responsible for 
    the supervision of the registration of eligible veterans and 
    eligible persons in local employment offices for suitable types of 
    employment and training and for counseling and placement of eligible 
    veterans and eligible persons in employment and job training 
    programs, including the program conducted under the Veterans' Job 
    Training Act (Public Law 98-77; 29 U.S.C. 1721 note);
        (2) engage in job development and job advancement activities for 
    eligible veterans and eligible persons, including maximum 
    coordination with appropriate officials of the Department of 
    Veterans Affairs in that agency's carrying out of its 
    responsibilities under subchapter II of chapter 77 of this title and 
    in the conduct of job fairs, job marts, and other special programs 
    to match eligible veterans and eligible persons with appropriate job 
    and job training opportunities and otherwise to promote the 
    employment of eligible veterans and eligible persons;
        (3) assist in securing and maintaining current information as to 
    the various types of available employment and training 
    opportunities, including maximum use of electronic data processing 
    and telecommunications systems and the matching of an eligible 
    veteran's or an eligible person's particular qualifications with an 
    available job or on-job training or apprenticeship opportunity which 
    is commensurate with those qualifications;
        (4) promote the interest of employers and labor unions in 
    employing eligible veterans and eligible persons and in conducting 
    on-job training and apprenticeship programs for such veterans and 
    persons;
        (5) maintain regular contact with employers, labor unions, 
    training programs and veterans' organizations with a view to keeping 
    them advised of eligible veterans and eligible persons available for 
    employment and training and to keeping eligible veterans and 
    eligible persons advised of opportunities for employment and 
    training;
        (6) 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;
        (7) assist in every possible way in improving working conditions 
    and the advancement of employment of eligible veterans and eligible 
    persons;
        (8) supervise the listing of jobs and subsequent referrals of 
    qualified veterans as required by section 4212 of this title;
        (9) be responsible for ensuring that complaints of 
    discrimination filed under such section are resolved in a timely 
    fashion;
        (10) working closely with appropriate Department of Veterans 
    Affairs personnel engaged in providing counseling or rehabilitation 
    services under chapter 31 of this title, cooperate with employers to 
    identify disabled veterans who have completed or are participating 
    in a vocational rehabilitation training program under such chapter 
    and who are in need of employment;
        (11) cooperate with the staff of programs operated under section 
    1712A of this title in identifying and assisting veterans who have 
    readjustment problems and who may need employment placement 
    assistance or vocational training assistance;
        (12) when requested by a Federal or State agency or a private 
    employer, assist such agency or employer in identifying and 
    acquiring prosthetic and sensory aids and devices which tend to 
    enhance the employability of disabled veterans;
        (13) monitor the implementation of Federal laws requiring 
    veterans preference in employment and job advancement opportunities 
    within the Federal Government and report to the Office of Personnel 
    Management or other appropriate agency, for enforcement or other 
    remedial action, any evidence of failure to provide such preference 
    or to provide priority or other special consideration in the 
    provision of services to veterans as is required by law or 
    regulation;
        (14) monitor, through disabled veterans' outreach program 
    specialists and local veterans' employment representatives, the 
    listing of vacant positions with State employment agencies by 
    Federal agencies, and report to the Office of Personnel Management 
    or other appropriate agency, for enforcement or other remedial 
    action, any evidence of failure to provide priority or other special 
    consideration in the provision of services to veterans as is 
    required by law or regulation; and
        (15)(A) not less frequently than annually, conduct, subject to 
    subclause (B) of this clause, an evaluation at each local employment 
    office of the services provided to eligible veterans and eligible 
    persons and make recommendations for corrective action as 
    appropriate; and
        (B) carry out such evaluations in the following order of 
    priority: (I) offices that demonstrated less than satisfactory 
    performance during either of the two previous program years, (II) 
    offices with the largest number of veterans registered during the 
    previous program year, and (III) other offices as resources permit.

(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.)

                       References in Text

    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsecs. (a) and (b)(1), are classified 
generally to section 3301 et seq. of Title 5, Government Organization 
and Employees.
    The Veterans' Job Training Act, referred to in subsec. (c)(1), is 
Pub. L. 98-77, Aug. 15, 1983, 97 Stat. 443, as amended, which is set out 
as a note under section 1721 of Title 29, Labor. For complete 
classification of this Act to the Code, see Tables.


                            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

    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 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 sections 4102A, 4103A of this title; 
title 42 section 1101.
