
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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 employment counseling 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 establish definitive performance standards 
for determining compliance by the State public employment service 
agencies with the provisions of this chapter and chapter 42 of this 
title. 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.
    (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, veterans of the Vietnam era, disabled veterans, 
    special disabled veterans, and eligible persons who registered for 
    assistance with 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 
    counseled, and the number who received some, and the number who 
    received no, reportable service;
        (2) a comparison of the job placement rate for each of the 
    categories of veterans and persons described in clause (1) of this 
    subsection with the job placement rate 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 sections 4103A and 4104 of this title; and
        (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 (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) relating to veterans' employment and training as 
    the Secretary considers appropriate.

(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.)


                            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

    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 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 4103, 4212 of this title.
