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38 U.S.C. § 4110 — Advisory Committee on Veterans Employment, Training, and Employer Outreach

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

38 U.S.C. § 4110 — Advisory Committee on Veterans Employment, Training, and Employer Outreach

**(a)** (1) There is hereby established within the Department of Labor an advisory committee to be known as the Advisory Committee on Veterans Employment, Training, and Employer Outreach. (2) The advisory committee shall— (A) assess the employment and training needs of veterans and their integration into the workforce; (B) determine the extent to which the programs and activities of the Department of Labor are meeting such needs; (C) assist the Assistant Secretary of Labor for Veterans’ Employment and Training in carrying out outreach activities to employers with respect to the training and skills of veterans and the advantages afforded employers by hiring veterans; (D) make recommendations to the Secretary, through the Assistant Secretary of Labor for Veterans’ Employment and Training, with respect to outreach activities and the employment and training of veterans; and (E) carry out such other activities that are necessary to make the reports and recommendations referred to in subsection (f) of this section. **(b)** The Secretary of Labor shall, on a regular basis, consult with and seek the advice of the advisory committee with respect to the matters referred to in subsection (a)(2) of this section. **(c)** (1) The Secretary of Labor shall appoint at least 12, but no more than 16, individuals to serve as members of the advisory committee as follows: (A) Seven individuals, one each from among representatives nominated by each of the following organizations: (i) The National Society of Human Resource Managers. (ii) The Business Roundtable. (iii) The National Association of State Workforce Agencies. (iv) The United States Chamber of Commerce. (v) The National Federation of Independent Business. (vi) A nationally recogni

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Source file: Laws/federal/codes/united-states-code/title-38/section-4110-advisory-committee-on-veterans-employment-training-and-employer-outreach--25dc83f6e4.md
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Source location: Title 38, Chapter 41, § 4110; chapter-041-job-counseling-training-and-placement-service-for-veterans.md

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**(a)** (1) There is hereby established within the Department of Labor an advisory committee to be known as the Advisory Committee on Veterans Employment, Training, and Employer Outreach. (2) The advisory committee shall— (A) assess the employment and training needs of veterans and their integration into the workforce; (B) determine the extent to which the programs and activities of the Department of Labor are meeting such needs; (C) assist the Assistant Secretary of Labor for Veterans’ Employment and Training in carrying out outreach activities to employers with respect to the training and skills of veterans and the advantages afforded employers by hiring veterans; (D) make recommendations to the Secretary, through the Assistant Secretary of Labor for Veterans’ Employment and Training, with respect to outreach activities and the employment and training of veterans; and (E) carry out such other activities that are necessary to make the reports and recommendations referred to in subsection (f) of this section. **(b)** The Secretary of Labor shall, on a regular basis, consult with and seek the advice of the advisory committee with respect to the matters referred to in subsection (a)(2) of this section. **(c)** (1) The Secretary of Labor shall appoint at least 12, but no more than 16, individuals to serve as members of the advisory committee as follows: (A) Seven individuals, one each from among representatives nominated by each of the following organizations: (i) The National Society of Human Resource Managers. (ii) The Business Roundtable. (iii) The National Association of State Workforce Agencies. (iv) The United States Chamber of Commerce. (v) The National Federation of Independent Business. (vi) A nationally recognized labor union or organization. (vii) The National Governors Association. (B) Not more than five individuals from among representatives nominated by veterans service organizations that have a national employment program. (C) Not more than five individuals who are recognized authorities in the fields of business, employment, training, rehabilitation, or labor and who are not employees of the Department of Labor. (2) A vacancy in the advisory committee shall be filled in the manner in which the original appointment was made. **(d)** The following, or their representatives, shall be ex officio, nonvoting members of the advisory committee: (1) The Secretary of Veterans Affairs. (2) The Secretary of Defense. (3) The Director of the Office of Personnel Management. (4) The Assistant Secretary of Labor for Veterans Employment and Training. (5) The Assistant Secretary of Labor for Employment and Training. (6) The Administrator of the Small Business Administration. **(e)** (1) The advisory committee shall meet at least quarterly. (2) The Secretary of Labor shall appoint the chairman of the advisory committee who shall serve in that position for no more than 2 consecutive years. (3) (A) Members of the advisory committee shall serve without compensation. (B) Members of the advisory committee shall be allowed reasonable and necessary travel expenses, including per diem in lieu of subsistence, at rates authorized for persons serving intermittently in the Government service in accordance with the provisions of subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of the responsibilities of the advisory committee. (4) The Secretary of Labor shall provide staff and administrative support to the advisory committee through the Veterans Employment and Training Service. **(f)** (1) Not later than December 31 of each year, the advisory committee shall submit to the Secretary and to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the employment and training needs of veterans, with special emphasis on disabled veterans, for the previous fiscal year. Each such report shall contain— (A) an assessment of the employment and training needs of veterans and their integration into the workforce; (B) an assessment of the outreach activities carried out by the Secretary of Labor to employers with respect to the training and skills of veterans and the advantages afforded employers by hiring veterans; (C) an evaluation of the extent to which the programs and activities of the Department of Labor are meeting such needs; (D) a description of the activities of the advisory committee during that fiscal year; (E) a description of activities that the advisory committee proposes to undertake in the succeeding fiscal year; and (F) any recommendations for legislation, administrative action, and other action that the advisory committee considers appropriate. (2) In addition to the annual reports made under paragraph (1), the advisory committee may make recommendations to the Secretary of Labor with respect to the employment and training needs of veterans at such times and in such manner as the advisory committee determines appropriate. **(g)** Within 60 days after receiving each annual report referred to in subsection (f)(1), the Secretary of Labor shall transmit to Congress a copy of the report together with any comments concerning the report that the Secretary considers appropriate. **(h)** The advisory committee shall continue until terminated by law.

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

31 U.S.C. § 1113 — Congressional information

**(a)** (1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. **(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. **(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1113

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

5 U.S.C. § 1013 — Termination of advisory committees

**(a) In General.—** (1) **Advisory committees in existence on january 5, 1973.—** — Each advisory committee that is in existence on January 5, 1973, shall terminate not later than the expiration of the 2-year period following that date unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory committee is renewed by the President or that officer by appropriate action prior to the expiration of such 2-year period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. (2) **Advisory committees established after january 5, 1973.—** — Each advisory committee established after January 5, 1973, shall terminate not later than the expiration of the 2-year period beginning on the date of its establishment unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government 11 So in original. Probably should be followed by a comma. such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. **(b) Charters.—** (1) **Upon renewal.—** — Upon the renewal of an advisory committee, the advisory committee shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1008/c&num=0&edition=prelim). (2) **Upon expiration of successive 2-year periods.—** — An advisory committee established by an Act of Congress shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.x

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

38 U.S.C. § 3104 — Scope of services and assistance

**(a)** Services and assistance which the Secretary may provide under this chapter, pursuant to regulations which the Secretary shall prescribe, include the following: (1) Evaluation, including periodic reevaluations as appropriate with respect to a veteran participating in a rehabilitation program, of the potential for rehabilitation of a veteran, including diagnostic and related services (A) to determine whether the veteran has an employment handicap or a serious employment handicap and whether a vocational goal is reasonably feasible for such veteran, and (B) to provide a basis for planning a suitable vocational rehabilitation program or a program of services and assistance to improve the vocational rehabilitation potential or independent living status of such veteran, as appropriate. (2) Educational, vocational, psychological, employment, and personal adjustment counseling. (3) An allowance and other appropriate assistance, as authorized by [section 3108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3108&num=0&edition=prelim). (4) A work-study allowance as authorized by [section 3485 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3485&num=0&edition=prelim). (5) Placement services to effect suitable placement in employment, and postplacement services to attempt to insure satisfactory adjustment in employment. (6) Personal adjustment and work adjustment training. (7) (A) Vocational and other training services and assistance, including individualized tutorial assistance, tuition, fees, books, supplies, handling charges, licensing fees, and equipment and other training materials determined by the Secretary to be necessary to accomplish the purposes of the rehabilitation pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3104

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

38 U.S.C. § 7464 — Disciplinary Appeals Boards

**(a)** The Secretary shall from time to time appoint boards to hear appeals of major adverse actions described in [section 7462 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7462&num=0&edition=prelim). Such boards shall be known as Disciplinary Appeals Boards. Each board shall consist of three employees of the Department, each of whom shall be of the same grade as, or be senior in grade to, the employee who is appealing an adverse action. At least two of the members of each board shall be employed in the same category of position as the employee who is appealing the adverse action. Members of a board shall be appointed from individuals on the panel established under subsection (d). **(b)** (1) In appointing a board for any case, the Secretary shall designate one of the members to be chairman and one of the members to be secretary of the board, each of whom shall have authority to administer oaths. (2) Appointment of boards, and the proceedings of such boards, shall be carried out under regulations prescribed by the Secretary. A verbatim record shall be maintained of board hearings. **(c)** (1) Notwithstanding sections 5701 and 7332 of this title, the chairman of a board, upon request of an employee whose case is under consideration by the board (or a representative of that employee) may, in connection with the considerations of the board, review records or information covered by those sections and may authorize the disclosure of such records or information to that employee (or representative) to the extent the board considers appropriate for purposes of the proceedings of the board in that case. (2) In any such case the board chairman may direct that measures be taken to protect the personal privacy of individuals whos

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7464

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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. § 4102A — Assistant Secretary of Labor for Veterans’ Employment and Training; program functions; Regional Administrators

**(a) Establishment of Position of Assistant Secretary of Labor for Veterans’ Employment and Training.—** (1) There is established within the Department of Labor an Assistant Secretary of Labor for Veterans’ Employment and Training, appointed by the President by and with the advice and consent of the Senate, who shall formulate and implement all departmental policies and procedures to carry out (A) the purposes of this chapter, chapter 42, and chapter 43 of this title, and (B) all other Department of Labor employment, unemployment, and training programs to the extent they affect veterans. (2) The employees of the Department of Labor administering chapter 43 of this title shall be administratively and functionally responsible to the Assistant Secretary of Labor for Veterans’ Employment and Training. (3) (A) There shall be within the Department of Labor a Deputy Assistant Secretary of Labor for Veterans’ Employment and Training. The Deputy Assistant Secretary shall perform such functions as the Assistant Secretary of Labor for Veterans’ Employment and Training prescribes. (B) No individual may be appointed as a Deputy Assistant Secretary of Labor for Veterans’ Employment and Training unless the individual has at least five years of service in a management position as an employee of the Federal civil service or comparable service in a management position in the Armed Forces. For purposes of determining such service of an individual, there shall be excluded any service described in subparagraphs (A), (B), and (C) of [section 308(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section308/d/2&num=0&edition=prelim). **(b) Program Functions.—** The Secretary shall carry out the following functions: (1) Except as expressly pro

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4102A

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

38 U.S.C. § 7461 — Adverse actions: section 7401(1) employees

**(a)** Whenever the Under Secretary for Health (or an official designated by the Under Secretary for Health) brings charges based on conduct or performance against a section 7401(1) employee and as a result of those charges an adverse personnel action is taken against the employee, the employee shall have the right to appeal the action. **(b)** (1) If the case involves or includes a question of professional conduct or competence in which a major adverse action was taken, such an appeal shall be made to a Disciplinary Appeals Board under [section 7462 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7462&num=0&edition=prelim). (2) In any case other than a case described in paragraph (1) that involves or includes a question of professional conduct or competence in which a major adverse action was not taken, such an appeal shall be made through Department grievance procedures under [section 7463 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7463&num=0&edition=prelim). **(c)** For purposes of this subchapter— (1) Section 7401(1) employees are employees of the Department employed on a full-time basis under a permanent appointment in a position listed in [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim) (other than employees in senior executive positions (as defined in [section 713(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section713/d&num=0&edition=prelim)) and interns and residents appointed pursuant to [section 7406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7406&num=0&edition=prelim)). (2) A major adver

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7461

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

38 U.S.C. § 7462 — Major adverse actions involving professional conduct or competence

**(a)** (1) Disciplinary Appeals Boards appointed under [section 7464 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7464&num=0&edition=prelim) shall have exclusive jurisdiction to review any case— (A) which arises out of (or which includes) a question of professional conduct or competence of a section 7401(1) employee; and (B) in which a major adverse action was taken. (2) The board shall include in its record of decision in any mixed case a statement of the board’s exclusive jurisdiction under this subsection and the basis for such exclusive jurisdiction. (3) For purposes of paragraph (2), a mixed case is a case that includes both a major adverse action arising out of a question of professional conduct or competence and an adverse action which is not a major adverse action or which does not arise out of a question of professional conduct or competence. **(b)** (1) In any case in which charges are brought against a section 7401(1) employee which arises out of, or includes, a question of professional conduct or competence which could result in a major adverse action, the employee is entitled, within the aggregate time period specified in paragraph (5)(A), to the following: (A) Advance written notice from the Under Secretary for Health or other charging official specifically stating the basis for each charge, the adverse actions that could be taken if the charges are sustained, a statement of any specific law, regulation, policy, procedure, practice, or other specific instruction that has been violated with respect to each charge, and a file containing all the evidence in support of each charge, except that the requirement for notification in advance may be waived if there is reasonable cause to believe that the e

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7462

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

38 U.S.C. § 7463 — Other adverse actions

**(a)** The Secretary shall prescribe by regulation procedures for the consideration of grievances of section 7401(1) employees arising from adverse personnel actions in which each action taken either— (1) is not a major adverse action; or (2) does not arise out of a question of professional conduct or competence. Disciplinary Appeals Boards shall not have jurisdiction to review such matters, other than as part of a mixed case (as defined in [section 7462(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7462/a/3&num=0&edition=prelim)). **(b)** In the case of an employee who is a member of a collective bargaining unit under chapter 71 of title 5, the employee may seek review of an adverse action described in subsection (a) either under the grievance procedures provided through regulations prescribed under subsection (a) or through grievance procedures determined through collective bargaining, but not under both. The employee shall elect which grievance procedure to follow. Any such election may not be revoked. **(c)** (1) In any case in which charges are brought against a section 7401(1) employee which could result in a major adverse action and which do not involve professional conduct or competence, the employee is entitled to notice and an opportunity to answer with respect to those charges in accordance with subparagraphs (A) and (B) of [section 7462(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7462/b/1&num=0&edition=prelim), but within the time periods specified in paragraph (3). (2) In any other case in which charges are brought against a section 7401(1) employee, the employee is entitled, within the aggregate time period specified in paragraph (3)(A), to— (A

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7463

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

38 U.S.C. § 4110 — Advisory Committee on Veterans Employ-

Page 976 TITLE 38—VETERANS’ BENEFITS § 4110 Stat. 406; Pub. L. 107–288, § 5(a)(1)(F), (e), Nov. 7, 2002, 116 Stat. 2044, 2046; Pub. L. 112–56, title II, § 240(a), Nov. 21, 2011, 125 Stat. 727.) Editorial Notes PRIOR PROVISIONS Prior section 4109, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1246; Pub. L. 93–82, title II, § 205(a), Aug. 2, 1973, 87 Stat. 192; Pub. L. 96–330, title I, § 114, Aug. 26, 1980, 94 Stat. 1039; Pub. L. 96–385, title V, § 508(b), Oct. 7, 1980, 94 Stat. 1538; Pub. L. 97–72, title IV, § 402(a), Nov. 3, 1981, 95 Stat. 1062; Pub. L. 97–295, § 4(84), Oct. 12, 1982, 96 Stat. 1312; Pub. L. 99–272, title XV, § 15204(b), Apr. 7, 1986, 100 Stat. 335; Pub. L. 99–509, title VII, § 7003(a), Oct. 21, 1986, 100 Stat. 1949, related to retirement rights, prior to re- peal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7426 of this title. AMENDMENTS 2011—Subsec. (d). Pub. L. 112–56 added subsec. (d). 2002—Subsec. (a). Pub. L. 107–288, § 5(a)(1)(F), sub- stituted ‘‘intensive services,’’ for ‘‘counseling,’’ in two places. Subsec. (c). Pub. L. 107–288, § 5(e), added subsec. (c). 1991—Pub. L. 102–83 renumbered section 2009 of this title as this section. 1988—Pub. L. 100–323 amended section generally, sub- stituting provisions relating to a National Veterans’ Employment and Training Services Institute for provi- sions relating to national veterans’ employment and training programs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–56, title II, § 240(b), Nov. 21, 2011, 125 Stat. 727, provided that: ‘‘Subsection (d) of section 4109 of title 38, United States Code, as added by subsection (a), shall apply with respect to training provided by the Na- tional Veterans’ Employment an

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