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38 U.S.C. § 4106 — Estimate of funds for administration; authorization of appropriations

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4106 — Estimate of funds for administration; authorization of appropriations

**(a)** The Secretary shall estimate the funds necessary for the proper and efficient administration of this chapter and chapters 42 and 43 of this title. Such estimated sums shall include the annual amounts necessary for salaries, rents, printing and binding, travel, and communications. Sums thus estimated shall be included as a special item in the annual budget for the Department of Labor. Estimated funds necessary for proper intensive services, placement, and training services to eligible veterans and eligible persons provided by the various State public employment service agencies shall each be separately identified in the budgets of those agencies as approved by the Department of Labor. Funds estimated pursuant to the first sentence of this subsection shall include amounts necessary in all of the States for the purposes specified in paragraph (5) of [section 4102A(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102A/b&num=0&edition=prelim) and to fund the National Veterans’ Employment and Training Services Institute under [section 4109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4109&num=0&edition=prelim) and shall be approved by the Secretary only if the level of funding proposed is in compliance with such sections. Each budget submission with respect to such funds shall include a separate listing of the amount for the National Veterans’ Employment and Training Services Institute together with information demonstrating the compliance of such budget submission with the funding requirements specified in the preceding sentence. **(b)** There are authorized to be appropriated such sums as may be necessary for the proper and efficient administration of this chapter. **(c)**

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Source location: Title 38, Chapter 41, § 4106; chapter-041-job-counseling-training-and-placement-service-for-veterans.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4104 — Local veterans’ employment representatives

**(a) Requirement for Employment by States of a Sufficient Number of Representatives.—** Subject to approval by the Secretary, a State shall employ such full- and part-time local veterans’ employment representatives as the State determines appropriate and efficient to carry out employment, training, and placement services under this chapter. **(b) Principal Duties.—** As principal duties, local veterans’ employment representatives shall— (1) conduct outreach to employers in the area to assist veterans in gaining employment, including conducting seminars for employers and, in conjunction with employers, conducting job search workshops and establishing job search groups; and (2) facilitate employment, training, and placement services furnished to veterans in a State under the applicable State employment service delivery systems. **(c) Requirement for Qualified Veterans and Eligible Persons.—** A State shall, to the maximum extent practicable, employ qualified veterans or eligible persons to carry out the services referred to in subsection (a). Preference shall be accorded in the following order: (1) To qualified service-connected disabled veterans. (2) If no veteran described in paragraph (1) is available, to qualified eligible veterans. (3) If no veteran described in paragraph (1) or (2) is available, then to qualified eligible persons. **(d) Part-Time Employees.—** A part-time local veterans’ employment representative shall perform the functions of a local veterans’ employment representative under this section on a half-time basis. **(e) Additional Requirements for Full-time Employees.—** (1) A full-time local veterans’ employment representative shall perform only duties related to the employment, training, and placement services under this chapter, and shall

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3452 — Definitions

For the purposes of this chapter and chapter 36 of this title— **(a)** (1) The term “eligible veteran” means any veteran who— (A) served on active duty for a period of more than 180 days, any part of which occurred after January 31, 1955, and before January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable; (B) contracted with the Armed Forces and was enlisted in or assigned to a reserve component prior to January 1, 1977, and as a result of such enlistment or assignment served on active duty for a period of more than 180 days, any part of which commenced within 12 months after January 1, 1977, and was discharged or released from such active duty under conditions other than dishonorable; or (C) was discharged or released from active duty, any part of which was performed after January 31, 1955, and before January 1, 1977, or following entrance into active service from an enlistment provided for under subparagraph (B), because of a service-connected disability. (2) The requirement of discharge or release, prescribed in subparagraph (A) or (B) of paragraph (1), shall be waived in the case of any individual who served more than 180 days in an active-duty status for so long as such individual continues on active duty without a break therein. (3) For purposes of paragraph (1)(A) and section 3461(a), the term “active duty” does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of [section 12103(d) of title 10](https://uscode.house.gov/view.xhtml?re

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3452

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4109 — National Veterans’ Employment and Training Services Institute

**(a)** In order to provide for such training as the Secretary considers necessary and appropriate for the efficient and effective provision of employment, job-training, intensive services, placement, job-search, and related services to veterans, the Secretary shall establish and make available such funds as may be necessary to operate a National Veterans’ Employment and Training Services Institute for the training of disabled veterans’ outreach program specialists, local veterans’ employment representatives, Directors for Veterans’ Employment and Training, and Assistant Directors for Veterans’ Employment and Training, Regional Administrators for Veterans’ Employment and Training, and such other personnel involved in the provision of employment, job-training, intensive services, placement, or related services to veterans as the Secretary considers appropriate, including travel expenses and per diem for attendance at the Institute. **(b)** In implementing this section, the Secretary shall, as the Secretary considers appropriate, provide, out of program funds designated for the Institute, training for Veterans’ Employment and Training Service personnel, including travel expenses and per diem to attend the Institute. **(c)** (1) Nothing in this section shall be construed as preventing the Institute to enter into contracts or agreements with departments or agencies of the United States or of a State, or with other organizations, to carry out training of personnel of such departments, agencies, or organizations in the provision of services referred to in subsection (a). (2) All proceeds collected by the Institute under a contract or agreement referred to in paragraph (1) shall be applied to the applicable appropriation. **(d)** (1) The Secretary shall require that each

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4109

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4101 — Definitions

For the purposes of this chapter— (1) The term “special disabled veteran” has the same meaning provided in [section 4211(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/1&num=0&edition=prelim). (2) The term “veteran of the Vietnam era” has the same meaning provided in [section 4211(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/2&num=0&edition=prelim). (3) The term “disabled veteran” has the same meaning provided in [section 4211(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/3&num=0&edition=prelim). (4) The term “eligible veteran” has the same meaning provided in [section 4211(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/4&num=0&edition=prelim). (5) The term “eligible person” means— (A) the spouse of any person who died of a service-connected disability, (B) the spouse of any member of the Armed Forces serving on active duty who, at the time of application for assistance under this chapter, is listed, pursuant to [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section556&num=0&edition=prelim) and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power, or (C) the spouse of any person who has a total disability permanent in nature resulting from a service-connected disability or the spouse of a veteran who died while a disability so evaluated

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4101

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7403 — Period of appointments; promotions

**(a)** (1) Appointments under this chapter of health-care professionals to whom this section applies may be made only after qualifications have been satisfactorily established in accordance with regulations prescribed by the Secretary, without regard to civil-service requirements. (2) This section applies to the following persons appointed under this chapter: (A) Physicians. (B) Dentists. (C) Podiatrists. (D) Optometrists. (E) Nurses. (F) Physician assistants. (G) Expanded-function dental auxiliaries. (H) Chiropractors. **(b)** (1) Except as otherwise provided in this subsection, appointments described in subsection (a) shall be for a probationary period of two years. (2) With respect to the appointment of a registered nurse under this chapter, paragraph (1) shall apply with respect to such appointment regardless of whether such appointment is on a full-time basis or a part-time basis. (3) An appointment described in subsection (a) on a part-time basis of a person who has previously served on a full-time basis for the probationary period for the position concerned shall be without a probationary period. (4) The record of each person serving under such an appointment in the Medical, Dental, and Nursing Services shall be reviewed from time to time by a board, appointed in accordance with regulations of the Secretary. If such a board finds that such person is not fully qualified and satisfactory, such person shall be separated from the service. **(c)** Promotions of persons to whom this section applies shall be made only after examination given in accordance with regulations prescribed by the Secretary. Advancement within grade may be made in increments of the minimum rate of basic pay of the grade in accordance with regulations prescribed

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7403

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3693 — Compliance surveys

**(a)** (1) Except as provided in subsection (b), the Secretary shall conduct an annual compliance survey of educational institutions and training establishments offering one or more courses approved for the enrollment of eligible veterans or persons if at least 20 such veterans or persons are enrolled in any such course. The Secretary shall— (A) design the compliance surveys to ensure that such institutions or establishments, as the case may be, and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title; (B) survey each such educational institution and training establishment not less than once during every 2-year period; and (C) assign not fewer than 1 education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year. (2) The Secretary, in consultation with the State approving agencies, shall— (A) annually determine the parameters of the surveys required under paragraph (1); and (B) not later than September 1 of each year, make available to the State approving agencies a list of the educational institutions and training establishments that will be surveyed during the fiscal year following the date of making such list available. **(b)** The Secretary may waive the requirement in subsection (a)(1) for a compliance survey with respect to an educational institution or training establishment if the Secretary determines, based on the record of compliance of such institution or establishment with all the applicable provisions of chapters 30 through 36 of this title, that the waiver would be appropriate and in the best interest of the United States Government. **(c)** To the maximum extent feasible, the Secretary, or

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3693

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2003 — Staffing requirements

**(a) VBA Staffing at Regional Offices.—** The Secretary shall ensure that there is at least one full-time employee assigned to oversee and coordinate homeless veterans programs at each of the 20 Veterans Benefits Administration regional offices that the Secretary determines have the largest homeless veteran populations within the regions of the Administration. The programs covered by such oversight and coordination include the following: (1) Housing programs administered by the Secretary under this title or any other provision of law. (2) Compensation, pension, vocational rehabilitation, and education benefits programs administered by the Secretary under this title or any other provision of law. (3) The housing program for veterans supported by the Department of Housing and Urban Development. (4) The homeless veterans reintegration program of the Department of Labor under [section 2021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2021&num=0&edition=prelim). (5) The programs under [section 2033 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2033&num=0&edition=prelim). (6) The assessments required by [section 2034 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2034&num=0&edition=prelim). (7) Such other programs relating to homeless veterans as may be specified by the Secretary. **(b) VHA Case Managers.—** The Secretary shall ensure that the number of case managers in the Veterans Health Administration is sufficient to assure that every veteran who is provided a housing voucher through section 8(o) of the United States Housing Act of 1937 ([42 U.S.C. 1437f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2003

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102A/f&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102a&num=0&edition=prelim). In the case of a State that the Secretary determines has not met the minimum standard of performance (established by the Secretary under su

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4107

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4106 — Estimate of funds for administration; au-

Page 971 TITLE 38—VETERANS’ BENEFITS § 4106 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 Effec- tive 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. § 4106. Estimate of funds for administration; au- thorization of appropriations (a) The Secretary shall estimate the funds necessary for the proper and efficient adminis- tration of this chapter and chapters 42 and 43 of this title. Such estimated sums shall include the annual amounts necessary for salaries, rents, printing and binding, travel, and communica- tions. Sums thus estimated shall be included as a special item in the annual budget for the De- partment of Labor. Estimated funds necessary for proper intensive services, placement, and training services to eligible veterans and eligi- ble persons provided by the various State public employment service agencies shall each be sepa- rately identified in the budgets of those agencies as approved by the Department of Labor. Funds estimated pursuant to the first sentence of this subsection shall include amounts necessary in all of the States for the purposes specified in paragraph (5) of section 4102A(b) of this title and to fund the National Veterans’ Employment and Training Services Institute under section 4109 of this title and shall be approved by the Secretary only if the level of funding proposed

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 4106

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