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38 U.S.C. § 4105 — Cooperation of Federal agencies

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

38 U.S.C. § 4105 — Cooperation of Federal agencies

**(a)** All Federal agencies shall furnish the Secretary such records, statistics, or information as the Secretary may deem necessary or appropriate in administering the provisions of this chapter, and shall otherwise cooperate with the Secretary in providing continuous employment and training opportunities for eligible veterans and eligible persons. **(b)** For the purpose of assisting the Secretary and the Secretary of Veterans Affairs in identifying employers with potential job training opportunities under the Veterans’ Job Training Act (Public Law 98–77; [29 U.S.C. 1721](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1721&num=0&edition=prelim) note) 11 See References in Text note below. and otherwise in order to carry out this chapter, the Secretary of Defense shall, on the 15th day of each month, provide the Secretary and the Secretary of Veterans Affairs with updated information regarding any list maintained by the Secretary of Defense of employers participating in the National Committee for Employer Support of the Guard and Reserve.

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Source location: Title 38, Chapter 41, § 4105; 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. § 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

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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

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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

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

29 U.S.C. § 1721 — Repealed. Pub. L. 105–220, title I, § 199(b)(2), Aug. 7, 1998, 112 Stat. 1059

### Statutory Notes Section 1671, Pub. L. 97–300, title IV, § 401, Oct. 13, 1982, 96 Stat. 1368; Pub. L. 97–404, § 4(a), Dec. 31, 1982, 96 Stat. 2026; Pub. L. 102–367, title IV, § 401(a)–(d), Sept. 7, 1992, 106 Stat. 1074–1076, related to Native American employment and training programs. Section 1672, Pub. L. 97–300, title IV, § 402, Oct. 13, 1982, 96 Stat. 1369; Pub. L. 97–404, § 4(b), Dec. 31, 1982, 96 Stat. 2026; Pub. L. 102–367, title IV, § 401(e), (f), Sept. 7, 1992, 106 Stat. 1076, related to migrant and seasonal farmworker employment and training programs. Section 1673, Pub. L. 97–300, title IV, § 403, as added Pub. L. 102–367, title IV, § 401(g), Sept. 7, 1992, 106 Stat. 1076, related to grant procedures. #### Effective Date of Repeal Repeal effective July 1, 2000, see section 199(c)(2)(B) of Pub. L. 105–220, set out as a note under [section 1501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1501&num=0&edition=prelim).

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

38 U.S.C. § 7402 — Qualifications of appointees

**(a)** To be eligible for appointment to the positions in the Administration covered by subsection (b), a person must have the applicable qualifications set forth in that subsection. **(b)** (1) **Physician.—** — To be eligible to be appointed to a physician position, a person must— (A) hold the degree of doctor of medicine or of doctor of osteopathy from a college or university approved by the Secretary, (B) have completed an internship satisfactory to the Secretary, and (C) be licensed to practice medicine, surgery, or osteopathy in a State. (2) **Dentist.—** — To be eligible to be appointed to a dentist position, a person must— (A) hold the degree of doctor of dental surgery or dental medicine from a college or university approved by the Secretary, and (B) be licensed to practice dentistry in a State. (3) **Nurse.—** — To be eligible to be appointed to a nurse position, a person must— (A) have successfully completed a full course of nursing in a recognized school of nursing, approved by the Secretary, and (B) be registered as a graduate nurse in a State. (4) **Director of a Hospital, Domiciliary, Center, or Outpatient Clinic.—** — To be eligible to be appointed to a director position, a person must have such business and administrative experience and qualifications as the Secretary shall prescribe. (5) **Podiatrist.—** — To be eligible to be appointed to a podiatrist position, a person must— (A) hold the degree of doctor of podiatric medicine, or its equivalent, from a school of podiatric medicine approved by the Secretary, and (B) be licensed to practice podiatry in a State. (6) **Optometrist.—** — To be eligible to be appointed to an optometrist position, a person must— (A) hold the degree of doctor of optometry, or its equival

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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

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

29 U.S.C. § 3171 — Within State allocations

**(a) Reservations for statewide activities** (1) **In general** — The Governor shall reserve not more than 15 percent of each of the amounts allotted to the State under [section 3162(b)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3162/b/1/C&num=0&edition=prelim) and paragraphs (1)(B) and (2)(B) of [section 3172(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3172/b&num=0&edition=prelim) for a fiscal year for statewide workforce investment activities. (2) **Use of funds** — Regardless of whether the reserved amounts were allotted under [section 3162(b)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3162/b/1/C&num=0&edition=prelim), or under paragraph (1)(B) or (2)(B) of [section 3172(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3172/b&num=0&edition=prelim), the Governor may use the reserved amounts to carry out statewide activities under [section 3164(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3164/b&num=0&edition=prelim) or statewide employment and training activities, for adults or dislocated workers, under [section 3174(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3174/a&num=0&edition=prelim). **(b) Within State allocations** (1) **Methods** — The Governor, acting in accordance with the State plan, and after consulting with chief elected officials and local boards in the local areas, shall allocate the funds that are allotted to the State for youth activities and statewide workforce investment activities under [section 3162(b)(1)(C) of this title](https://uscode.house.go

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

38 U.S.C. § 2014 — Training and technical assistance for recipients of certain financial assistance

**(a) In General.—** The Secretary shall provide training and technical assistance to recipients of grants under sections 2011 and 2013 of this title and recipients of per diem payments under sections 2012 and 2061 of this title regarding the planning, development, and provision of services for which the grant or payment is made. **(b) Provision of Training and Technical Assistance.—** The Secretary may provide training and technical assistance under subsection (a) directly or through grants or contracts with such public or nonprofit private entities as the Secretary considers appropriate.

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

29 U.S.C. § 1721 — Untitled legal text

Page 741 TITLE 29—LABOR § 1737 title IV, § 402(a), Sept. 7, 1992, 106 Stat. 1026, 1076, re- lated to eligibility of individuals for the Job Corps. Section 1694, Pub. L. 97–300, title IV, § 424, Oct. 13, 1982, 96 Stat. 1371, contained general provisions relating to screening and selection of applicants. Section 1695, Pub. L. 97–300, title IV, § 425, Oct. 13, 1982, 96 Stat. 1372; Pub. L. 98–473, title II, § 231, Oct. 12, 1984, 98 Stat. 2031, contained special limitations relat- ing to screening and selection of applicants. Section 1696, Pub. L. 97–300, title IV, § 426, Oct. 13, 1982, 96 Stat. 1372; Pub. L. 102–367, title IV, § 402(b), Sept. 7, 1992, 106 Stat. 1076, related to enrollment and assign- ment. Section 1697, Pub. L. 97–300, title IV, § 427, Oct. 13, 1982, 96 Stat. 1372; Pub. L. 98–524, § 4(a)(4), Oct. 19, 1984, 98 Stat. 2487; Pub. L. 102–367, title IV, § 402(c), (d), Sept. 7, 1992, 106 Stat. 1076, 1077, related to Job Corps centers. Section 1698, Pub. L. 97–300, title IV, § 428, Oct. 13, 1982, 96 Stat. 1373; Pub. L. 102–367, title IV, § 402(e), Sept. 7, 1992, 106 Stat. 1077, related to program activities. Section 1699, Pub. L. 97–300, title IV, § 429, Oct. 13, 1982, 96 Stat. 1374; Pub. L. 103–239, title VII, § 731, May 4, 1994, 108 Stat. 607; Pub. L. 104–193, title I, § 110(n)(11), Aug. 22, 1996, 110 Stat. 2174, related to allowances and support. Section 1700, Pub. L. 97–300, title IV, § 430, Oct. 13, 1982, 96 Stat. 1375, related to standards of conduct. Section 1701, Pub. L. 97–300, title IV, § 431, Oct. 13, 1982, 96 Stat. 1375, related to community participation. Section 1702, Pub. L. 97–300, title IV, § 432, Oct. 13, 1982, 96 Stat. 1376, related to counseling and placement. Section 1703, Pub. L. 97–300, title IV, § 433, Oct. 13, 1

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

38 U.S.C. § 4105 — Cooperation of Federal agencies

Page 970 TITLE 38—VETERANS’ BENEFITS § 4105 1 See References in Text note below. (Added Pub. L. 112–56, title II, § 234(a), Nov. 21, 2011, 125 Stat. 721; amended Pub. L. 113–128, title V, § 512(gg)(3), July 22, 2014, 128 Stat. 1719.) Editorial Notes REFERENCES IN TEXT Section 3 of the Workforce Innovation and Oppor- tunity Act, referred to in subsecs. (b)(1)(B) and (c)(1)(A), is classified to section 3102 of Title 29, Labor. The date of enactment of the VOW to Hire Heroes Act of 2011, referred to in subsec. (d), is the date of enact- ment of Pub. L. 112–56, which was approved Nov. 21, 2011. Section 501 of the Internal Revenue Code of 1986, re- ferred to in subsec. (f)(2), is classified to section 501 of Title 26, Internal Revenue Code. PRIOR PROVISIONS A prior section 4104A, added Pub. L. 100–323, § 4(a)(1), May 20, 1988, 102 Stat. 562, § 2004A; renumbered § 4104A and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406, related to performance of disabled vet- erans’ outreach program specialists and local veterans’ employment representatives, prior to repeal by Pub. L. 107–288, § 4(a)(3)(A)(i), Nov. 7, 2002, 116 Stat. 2042, effec- tive Nov. 7, 2002, and applicable for program and fiscal years under this chapter beginning on or after such date. AMENDMENTS 2014—Subsecs. (b)(1)(B), (c)(1)(A). Pub. L. 113–128 sub- stituted ‘‘the appropriate State boards and local boards (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act)’’ for ‘‘the appropriate State boards and local boards (as such terms are de- fined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801))’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the

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