
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: 38USC4104A]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
CHAPTER 41--JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS
 
Sec. 4104A. Performance of disabled veterans' outreach program 
        specialists and local veterans' employment representatives
        
    (a)(1) Subject to paragraph (2) of this subsection, each State 
employment agency shall develop and apply standards for the performance 
of disabled veterans' outreach program specialists appointed under 
section 4103A(a) of this title and local veterans' employment 
representatives assigned under section 4104(b) of this title.
    (2)(A) Such standards shall be consistent with the duties and 
functions specified in section 4103A(b) of this title with respect to 
such specialists and section 4104(b)(1) through (12) of this title with 
respect to such representatives.
    (B) In developing such standards, the State employment agency--
        (i) shall take into account (I) the prototype developed under 
    paragraph (3) of this subsection, and (II) the comments submitted 
    under clause (ii) of this subparagraph by the Director for Veterans' 
    Employment and Training for the State;
        (ii) shall submit to such Director proposed standards for 
    comment;
        (iii) may take into account the State's personnel merit system 
    requirements and other local circumstances and requirements; and
        (iv) may request the assistance of such Director.

    (C) Such standards shall include as one of the measures of the 
performance of such a specialist the extent to which the specialist, in 
serving as a case manager under section 14(b)(1)(A) of the Veterans' Job 
Training Act (29 U.S.C. 1721 note), facilitates rates of successful 
completion of training by veterans participating in programs of job 
training under the Act.
    (3)(A) The Secretary, after consultation with State employment 
agencies or their representatives, or both, shall provide to such 
agencies a prototype of performance standards for use by such agencies 
in the development of performance standards under subsection (a)(1) of 
this section.
    (B) Each Director for Veterans' Employment and Training--
        (i) shall, upon the request of the State employment agency under 
    paragraph (2)(B)(iv) of this subsection, provide appropriate 
    assistance in the development of performance standards,
        (ii) may, within 30 days after receiving proposed standards 
    under paragraph (2)(B)(ii) of this subsection, provide comments on 
    the proposed standards, particularly regarding the consistency of 
    the proposed standards with such prototype.

    (b)(1) Directors for Veterans' Employment and Training and Assistant 
Directors for Veterans' Employment and Training shall regularly monitor 
the performance of the specialists and representatives referred to in 
subsection (a)(1) of this section through the application of the 
standards required to be prescribed by subsection (a)(1).
    (2) A Director for Veterans' Employment and Training for a State may 
submit to the head of the employment service in the State 
recommendations and comments in connection with each annual performance 
rating of such specialists and representatives in the State.

(Added Pub. L. 100-323, Sec. 4(a)(1), May 20, 1988, 102 Stat. 562, 
Sec. 2004A; renumbered Sec. 4104A and amended Pub. L. 102-83, Sec. 5(a), 
(c)(1), Aug. 6, 1991, 105 Stat. 406.)

                       References in Text

    The Veterans' Job Training Act, referred to in subsec. (a)(2)(C), 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.


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 2004A of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``4103A(a)'' 
for ``2003A(a)'' and ``4104(b)'' for ``2004(b)'' in par. (1), and 
``4103A(b)'' for ``2003A(b)'' and ``4104(b)(1)'' for ``2004(b)(1)'' in 
par. (2)(A).


                             Effective Date

    Section effective on 60th day after May 20, 1988, see section 
16(b)(2) of Pub. L. 100-323, set out as an Effective Date of 1988 
Amendment note under section 3104 of this title.


                                Standards

    Section 4(a)(2) of Pub. L. 100-323 provided that: ``Each State 
employment agency (A) shall develop and promulgate standards under 
section 2004A [now 4104A] of title 38, United States Code, as added by 
paragraph (1) of this subsection, as soon as feasible, and in doing so 
(B) shall submit proposed standards to the Director for Veterans' 
Employment and Training for the State not later than 12 months after the 
date on which the Secretary provides the agency with prototype standards 
under subsection (a)(3)(A) of such section, and (C) shall adopt final 
standards not later than 90 days after submitting the proposed standards 
to the Director for Veterans' Employment and Training for comment under 
subsection (a)(3)(B)(ii) of such section.''
