
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-14 Section 8(a)(10)]
[Document affected by Public Law 107-95 Section 9(b)]
[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)(1) Beginning with fiscal year 1988, the total of the amount of 
funds made available for use in the States under section 
4102A(b)(5)(A)(ii) of this title shall be sufficient to support the 
appointment of 1,600 full-time local veterans' employment 
representatives and the States' administrative expenses associated with 
the appointment of that number of such representatives and shall be 
allocated to the several States so that each State receives funding 
sufficient to support--
        (A) the number of such representatives who were assigned in such 
    State on January 1, 1987, for which funds were provided under this 
    chapter, plus one additional such representative;
        (B) the percentage of the 1,600 such representatives for which 
    funding is not provided under clause (A) of this paragraph which is 
    equal to the average of (i) the percentage of all veterans residing 
    in the United States who reside in such State, (ii) the percentage 
    of the total of all eligible veterans and eligible persons 
    registered for assistance with local employment service offices in 
    the United States who are registered for assistance with local 
    employment service offices in such State, and (iii) the percentage 
    of all full-service local employment service offices in the United 
    States which are located in such State; and
        (C) the State's administrative expenses associated with the 
    appointment of the number of such representatives for which funding 
    is allocated to the State under clauses (A) and (B) of this 
    paragraph.

    (2)(A) The local veterans' employment representatives allocated to a 
State pursuant to paragraph (1) of this subsection shall be assigned by 
the administrative head of the employment service in the State, after 
consultation with the Director for Veterans' Employment and Training for 
the State, so that as nearly as practical (i) one full-time 
representative is assigned to each local employment service office at 
which at least 1,100 eligible veterans and eligible persons are 
registered for assistance, (ii) one additional full-time representative 
is assigned to each local employment service office for each 1,500 
eligible veterans and eligible persons above 1,100 who are registered at 
such office for assistance, and (iii) one half-time representative is 
assigned to each local employment service office at which at least 350 
but less than 1,100 eligible veterans and eligible persons are 
registered for assistance.
    (B) In the case of a service delivery point (other than a local 
employment service office described in subparagraph (A) of this 
paragraph) at which employment services are offered under the Wagner-
Peyser Act, the head of such service delivery point shall be responsible 
for ensuring compliance with the provisions of this title providing for 
priority services for veterans and priority referral of veterans to 
Federal contractors.
    (3) For the purposes of this subsection, an individual shall be 
considered to be registered for assistance with a local employment 
service office during a program year if the individual--
        (A) registered, or renewed such individual's registration, for 
    assistance with the office during that program year; or
        (B) so registered or renewed such individual's registration 
    during a previous program year and, in accordance with regulations 
    which the Secretary shall prescribe, is counted as still being 
    registered for administrative purposes.

    (4) In the appointment of local veterans' employment representatives 
on or after July 1, 1988, preference shall be given to qualified 
eligible veterans or eligible persons. Preference shall be accorded 
first to qualified service-connected disabled veterans; then, if no such 
disabled veteran is available, to qualified eligible veterans; and, if 
no such eligible veteran is available, then to qualified eligible 
persons.
    (b) Local veterans' employment representatives shall--
        (1) functionally supervise the providing of services to eligible 
    veterans and eligible persons by the local employment service staff;
        (2) maintain regular contact with community leaders, employers, 
    labor unions, training programs, and veterans' organizations for the 
    purpose of (A) keeping them advised of eligible veterans and 
    eligible persons available for employment and training, and (B) 
    keeping eligible veterans and eligible persons advised of 
    opportunities for employment and training;
        (3) provide directly, or facilitate the provision of, labor 
    exchange services by local employment service staff to eligible 
    veterans and eligible persons, including intake and assessment, 
    counseling, testing, job-search assistance, and referral and 
    placement;
        (4) encourage employers and labor unions to employ eligible 
    veterans and eligible persons and conduct on-the-job training and 
    apprenticeship programs for such veterans and persons;
        (5) promote and monitor the participation of veterans in 
    federally funded employment and training programs, monitor the 
    listing of vacant positions with State employment agencies by 
    Federal agencies, and report to the Director for Veterans' 
    Employment and Training for the State concerned 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;
        (6) monitor the listing of jobs and subsequent referrals of 
    qualified veterans as required by section 4212 of this title;
        (7) work closely with appropriate Department of Veterans Affairs 
    personnel engaged in providing counseling or rehabilitation services 
    under chapter 31 of this title, and cooperate with employers in 
    identifying disabled veterans who have completed or are 
    participating in a vocational rehabilitation training program under 
    such chapter and who are in need of employment;
        (8) refer eligible veterans and eligible persons to training, 
    supportive services, and educational opportunities, as appropriate;
        (9) assist, through automated data processing, in securing and 
    maintaining current information regarding available employment and 
    training opportunities;
        (10) 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 services available at the 
    local employment service office;
        (11) when requested by a Federal or State agency, a private 
    employer, or a service-connected disabled veteran, assist such 
    agency, employer, or veteran in identifying and acquiring prosthetic 
    and sensory aids and devices needed to enhance the employability of 
    disabled veterans; and
        (12) facilitate the provision of guidance or counseling 
    services, or both, to veterans who, pursuant to section 5(b)(3) of 
    the Veterans' Job Training Act (29 U.S.C. 1721 note), are certified 
    as eligible for participation under such Act.

    (c) Each local veterans' employment representative shall be 
administratively responsible to the manager of the local employment 
service office 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.)

                       References in Text

    The Wagner-Peyser Act, referred to in subsec. (a)(2)(B), is act June 
6, 1933, ch. 49, 48 Stat. 113, as amended, which is classified generally 
to chapter 4B (Sec. 49 et seq.) of Title 29, Labor. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 49 of Title 29 and Tables.
    The Veterans' Job Training Act, referred to in subsec. (b)(12), 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. For complete classification of 
this Act to the Code, see Tables.


                            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

    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 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 sections 4102A, 4103A, 4104A, 4106, 
4107 of this title; title 5 section 5948.
