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 is in com- pliance with such sections. Each budget submis- sion 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 dem- onstrating the compliance of such budget sub- mission 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) In the event that the regular appropria- tions Act making appropriations for administra- tive expenses for the Department of Labor with respect to any fiscal year does not specify an amount for the purposes specified in subsection (b) of this section for that fiscal year, then of the amounts appropriated in such Act there shall be available only for the purposes specified in subsection (b) of this section such amount as was set forth in the budget estimate submitted pursuant to subsection (a) of this section. (d) Any funds made available pursuant to sub- sections (b) and (c) of this section shall not be available for any purpose other than those speci- fied in such subsections. (Added Pub. L. 92–540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1096, § 2006; amended Pub. L. 93–508, title IV, § 401(e), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94–502, title VI, § 603, Oct. 15, 1976, 90 Stat. 2404; Pub. L. 97–306, title III, § 306, Oct. 14, 1982, 96 Stat. 1440; Pub. L. 100–323, §§ 2(b), (c), (e)(2), 15(a)(2), May 20, 1988, 102 Stat. 558, 559, 574; re- numbered § 4106 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107–288, §§ 4(d)(1), 5(a)(1)(C), Nov. 7, 2002, 116 Stat. 2044.) Editorial Notes PRIOR PROVISIONS Prior section 4106, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1245; Pub. L. 89–785, title I, § 106, Nov. 7, 1966, 80 Stat. 1369; Pub. L. 94–123, § 5(c), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94–581, title I, § 110(5), title II, § 209(a)(1), (b)(1), Oct. 21, 1976, 90 Stat. 2848, 2860, 2861; Pub. L. 96–151, title III, § 303, Dec. 20, 1979, 93 Stat. 1096; Pub. L. 98–160, title II, § 203(a), Nov. 21, 1983, 97 Stat. 1000; Pub. L. 99–576, title VII, § 701(86), Oct. 28, 1986, 100 Stat. 3298; Pub. L. 100–322, title II, § 221, May 20, 1988, 102 Stat. 531; Pub. L. 101–237, title II, § 203, Dec. 18, 1989, 103 Stat. 2067, related to period of appointment and promotions of persons appointed to Department of Medicine and Sur- gery, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7403 of this title. Provisions similar to those comprising this section were contained in former section 2005 of this title prior to the amendment of this chapter by Pub. L. 92–540. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–288, § 5(a)(1)(C), sub- stituted ‘‘proper intensive services’’ for ‘‘proper coun- seling’’. Pub. L. 107–288, § 4(d)(1), amended last sentence gen- erally. Prior to amendment, last sentence read as fol- lows: ‘‘Each budget submission with respect to such funds shall include separate listings of the amount for the National Veterans’ Employment and Training Serv- ices Institute and of the proposed numbers, by State, of disabled veterans’ outreach program specialists ap- pointed under section 4103A of this title and local vet- erans’ employment representatives assigned under sec- tion 4104 of this title, together with information dem- onstrating the compliance of such budget submission with the funding requirements specified in the pre- ceding sentence.’’ 1991—Pub. L. 102–83, § 5(a), renumbered section 2006 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘4102A(b)’’ for ‘‘2002A(b)’’, ‘‘4109’’ for ‘‘2009’’, ‘‘4103A’’ for ‘‘2003A’’, and ‘‘4104’’ for ‘‘2004’’. 1988—Subsec. (a). Pub. L. 100–323, § 15(a)(2), struck out ‘‘of Labor’’ after ‘‘Secretary’’ in first and fifth sen- tences. Pub. L. 100–323, § 2(b), (e)(2), substituted ‘‘in all of the States for the purposes specified in paragraph (5) of sec- tion 2002A(b) of this title and to fund the National Vet- erans’ Employment and Training Services Institute under section 2009’’ for ‘‘to fund the disabled veterans’ outreach program under section 2003A’’ and ‘‘with such sections’’ for ‘‘with such section’’ in fifth sentence, in- serted after fifth sentence ‘‘Each budget submission with respect to such funds shall include separate list- ings of the amount for the National Veterans’ Employ- ment and Training Services Institute and of the pro- posed numbers, by State, of disabled veterans’ outreach program specialists appointed under section 2003A of this title and local veterans’ employment representa- tives assigned under section 2004 of this title, together with information demonstrating the compliance of such budget submission with the funding requirements specified in the preceding sentence.’’, and struck out at end ‘‘Each budget submission with respect to such funds shall include a separate listing of the proposed number, by State, for disabled veterans outreach pro- gram specialists appointed under such section. The Secretary shall carry out this subsection through the Assistant Secretary for Veterans’ Employment.’’ Page 972 TITLE 38—VETERANS’ BENEFITS § 4107 1 See References in Text note below. Subsec. (d). Pub. L. 100–323, § 2(c), struck out ‘‘, except with the approval of the Secretary of Labor, upon the recommendation of the Assistant Secretary of Labor for Veterans’ Employment, based on a dem- onstrated lack of need for such funds for such pur- poses’’ after ‘‘in such subsections’’. 1982—Subsec. (a). Pub. L. 97–306, § 306(a), inserted ‘‘and chapters 42 and 43 of this title’’ after ‘‘administration of this chapter’’, and inserted provisions at end relating to the inclusion in estimated necessary funds of amounts necessary to fund the disabled veterans’ out- reach program, inclusion in budgets of the proposed number for program specialists, and the carrying out of this subsection through the Assistant Secretary for Veterans’ Employment. Subsec. (d). Pub. L. 97–306, § 306(b), inserted ‘‘, upon the recommendation of the Assistant Secretary of Labor for Veterans’ Employment,’’ after ‘‘Secretary of Labor’’. 1976—Subsec. (a). Pub. L. 94–502 substituted ‘‘agencies shall each be’’ for ‘‘agencies shall be’’. 1974—Subsec. (a). Pub. L. 93–508 substituted ‘‘training services to eligible veterans and eligible persons’’ for ‘‘training services to veterans’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–288, § 4(d)(2), Nov. 7, 2002, 116 Stat. 2044, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 7, 2002], and apply to budget submissions for fiscal year 2004 and each subse- quent fiscal year.’’ 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 Section effective 90 days after Oct. 24, 1972, see sec- tion 601(b) of Pub. L. 92–540, set out as an Effective Date of 1972 Amendment note under section 4101 of this title. § 4107. Administrative controls; annual report (a) The Secretary shall establish administra- tive controls for the following purposes: (1) To insure that each eligible veteran, es- pecially veterans of the Vietnam era and dis- abled 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 employ- ment prospects substantially, such as indi- vidual job development or intensive services. (2) To determine whether or not the employ- ment service agencies in each State have com- mitted 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 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 Commit- tees 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 serv- ices under this chapter, as measured under sub- section (b)(7) of section 4102A of this title. In the case of a State that the Secretary determines has not met the minimum standard of perform- ance (established by the Secretary under sub- section (f) of such section), the Secretary shall include an analysis of the extent and reasons for the State’s failure to meet that minimum stand- ard, together with the State’s plan for correc- tive action during the succeeding year. (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 pre- ceding 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 em- ployment 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, disabled veterans, special disabled veterans, eligible persons, recently separated veterans (as de- fined in section 4211(6) of this title), and servicemembers transitioning to civilian ca- reers who registered for assistance with, or who are identified as veterans by, the public employment service system and, for each of such categories, the numbers referred to and placed in permanent and other jobs, the num- bers referred to and placed in jobs and job training programs supported by the Federal Government, the number who received inten- sive services, and the number who received some, and the number who received no, report- able service; (2) a comparison of the rate of entered em- ployment (as determined in a manner con- sistent with State performance measures ap- plicable under section 136(b) 1 of the Workforce Investment Act of 1998) for each of the cat- egories of veterans and persons described in paragraph (1) of this subsection with such rate of entered employment (as so determined) 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 section 4212(d) of this title; (5) a report on the operation during the pre- ceding program year of programs for the pro- vision of employment and training services de- signed to meet the needs of eligible veterans and eligible persons, including an evaluation of the effectiveness of such programs during