38 U.S.C. § 4108 — Cooperation and coordination

Page 974 TITLE 38—VETERANS’ BENEFITS § 4108 and the allocation of funds for the support of such spe- cialists and representatives)’’ after ‘‘further legislative action’’. Subsec. (c)(6). Pub. L. 107–288, § 5(d)(1)(D), added par. (6). 1991—Pub. L. 102–83, § 5(a), renumbered section 2007 of this title as this section. Subsec. (c)(3) to (5). Pub. L. 102–83, § 5(c)(1), sub- stituted ‘‘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, § 15(a)(2), struck out ‘‘of Labor’’ after ‘‘Secretary’’ in four places. Subsec. (c). Pub. L. 100–323, § 2(d), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘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 employ- ment service system and, of each of such categories, the number referred to jobs, the number placed in per- manent jobs as defined by the Secretary, the number referred to and the number placed in employment and job training programs supported by the Federal Gov- ernment, the number counseled, and the number who received some reportable service. The report shall also include any determination by the Secretary under sec- tion 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, § 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, § 507(2), substituted provi- sions that the report include, by State, specification of the numbers of eligible veterans, veterans of the Viet- nam 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 num- ber 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 in- clude, by State, the number of recently discharged or released eligible veterans, veterans with service-con- nected 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 con- tained a reference to ‘‘2004’’ not ‘‘2001’’, the amendment has been carried as a reenactment of subsec. (c) with- out change. 1976—Subsec. (a)(1). Pub. L. 94–502, § 604(1), substituted ‘‘such veteran’s and eligible person’s’’ for ‘‘his’’. Subsec. (c). Pub. L. 94–502, § 604(2), (3), substituted ‘‘occupational training and public service employ- ment’’ for ‘‘occupational training’’ and ‘‘section 2004, 2006, or 2007(a)’’ for ‘‘section 2004 or 2006’’. 1974—Subsec. (a)(1). Pub. L. 93–508, § 401(f)(1), sub- stituted ‘‘active duty and each eligible person’’ for ‘‘ac- tive duty’’. Subsec. (b). Pub. L. 93–508, § 401(f)(2), added subsec. (b) and redesignated former subsec. (b) as (c). Subsec. (c). Pub. L. 93–508, § 401(f)(2), (3), redesignated former subsec. (b) as (c) and substituted ‘‘other eligible veterans, and eligible persons’’ for ‘‘and other eligible veterans’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by section 4(a)(3)(B) of Pub. L. 107–288 ef- fective Nov. 7, 2002, and applicable for program and fis- cal years under this chapter beginning on or after such date, see section 4(a)(4) of Pub. L. 107–288, set out as a note under section 4102A of this title. Pub. L. 107–288, § 5(d)(2), Nov. 7, 2002, 116 Stat. 2046, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall apply to reports for pro- gram years beginning on or after July 1, 2003.’’ 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 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. PUBLICATION OF LABOR-MARKET STATISTICS RELATING TO VETERANS WHO SERVED IN VIETNAM THEATRE OF OPERATIONS Pub. L. 96–466, title V, § 513, Oct. 17, 1980, 94 Stat. 2207, provided that: ‘‘(a) When the Commissioner of the Bureau of Labor Statistics publishes annual labor-market statistics re- lating 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 pub- lishes 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 ap- plies, 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 mis- sions 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.’’ [Pub. L. 96–466, title VIII, § 802(e), Oct. 17, 1980, 94 Stat. 2218, provided in part that the provisions of sec- tion 513 of Pub. L. 96–466, set out above, shall become effective on Oct. 1, 1980.] § 4108. Cooperation and coordination (a) In carrying out the Secretary’s responsibil- ities under this chapter, the Secretary shall Page 975 TITLE 38—VETERANS’ BENEFITS § 4109 from time to time consult with the Secretary of Veterans Affairs and keep the Secretary of Vet- erans Affairs fully advised of activities carried out and all data gathered pursuant to this chap- ter to insure maximum cooperation and coordi- nation between the Department of Labor and the Department of Veterans Affairs. (b) The Secretary of Veterans Affairs shall provide to appropriate employment service of- fices and Department of Labor offices, as des- ignated by the Secretary, on a monthly or more frequent basis, the name and address of each em- ployer located in the areas served by such of- fices that offer a program of job training which has been approved by the Secretary of Veterans Affairs under section 7 of the Veterans’ Job Training Act (29 U.S.C. 1721 note). (Added Pub. L. 92–540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1097, § 2008; amended Pub. L. 94–502, title VI, § 606(4), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100–323, §§ 6(b)(1), (2)(A), 15(a)(2), May 20, 1988, 102 Stat. 564, 574; Pub. L. 101–237, title IV, § 423(b)(8), Dec. 18, 1989, 103 Stat. 2093; renum- bered § 4108, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes REFERENCES IN TEXT Section 7 of the Veterans’ Job Training Act, referred to in subsec. (b), is section 7 of Pub. L. 98–77, which is set out as a note under section 1721 of Title 29, Labor. PRIOR PROVISIONS Prior section 4108, added Pub. L. 93–82, title II, § 204(a), Aug. 2, 1973, 87 Stat. 190; amended Pub. L. 94–123, § 5(e), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94–581, title I, § 110(7), title II, §§ 205(f), 209(a)(1), (2), (c)(4), 210(c)(5), Oct. 21, 1976, 90 Stat. 2849, 2859, 2860, 2862, 2864; Pub. L. 96–22, title V, § 501, June 13, 1979, 93 Stat. 64; Pub. L. 96–330, title I, § 113(a), Aug. 26, 1980, 94 Stat. 1038; Pub. L. 97–295, § 4(83), Oct. 12, 1982, 96 Stat. 1312; Pub. L. 101–237, title II, § 206(a), Dec. 18, 1989, 103 Stat. 2067, re- lated to personnel administration, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See sections 7402, 7421, 7423, and 7424 of this title. Another prior section 4108, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1246; Pub. L. 86–568, title I, § 114(g), July 1, 1960, 74 Stat. 301; Pub. L. 87–574, § 3, Aug. 6, 1962, 76 Stat. 308; Pub. L. 87–793, § 803(a), Oct. 11, 1962, 76 Stat. 860, re- lated to administration, prior to repeal by section 204(a) of Pub. L. 93–82. AMENDMENTS 1991—Pub. L. 102–83 renumbered section 2008 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary of Vet- erans Affairs’’ and ‘‘Department of Veterans Affairs’’ for ‘‘Administrator’’ and ‘‘Veterans’ Administration’’, respectively, wherever appearing. 1988—Pub. L. 100–323, § 6(b)(2)(A), struck out ‘‘with the Veterans’ Administration’’ after ‘‘Cooperation and co- ordination’’ in section catchline. Subsec. (a). Pub. L. 100–323, § 15(a)(2), struck out ‘‘of Labor’’ after ‘‘Secretary’’. Pub. L. 100–323, § 6(b)(1)(A), designated existing provi- sions as subsec. (a). Subsec. (b). Pub. L. 100–323, § 6(b)(1)(B), added subsec. (b). 1976—Pub. L. 94–502 substituted ‘‘the Secretary’s’’ for ‘‘his’’ and ‘‘the Administrator fully advised’’ for ‘‘him fully advised’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 6(b)(1), (2)(A) of Pub. L. 100–323 effective on 60th day after May 20, 1988, and amendment by section 15(a)(2) of Pub. L. 100–323 effec- tive May 20, 1988, see section 16(a), (b)(2) of Pub. L. 100–323, set out as a note under section 3104 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 Effec- tive Date note under section 3693 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. § 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 em- ployment, 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 special- ists, local veterans’ employment representa- tives, Directors for Veterans’ Employment and Training, and Assistant Directors for Veterans’ Employment and Training, Regional Adminis- trators for Veterans’ Employment and Training, and such other personnel involved in the provi- sion of employment, job-training, intensive services, placement, or related services to vet- erans as the Secretary considers appropriate, in- cluding travel expenses and per diem for attend- ance at the Institute. (b) In implementing this section, the Sec- retary shall, as the Secretary considers appro- priate, provide, out of program funds designated for the Institute, training for Veterans’ Employ- ment and Training Service personnel, including travel expenses and per diem to attend the Insti- tute. (c)(1) Nothing in this section shall be con- strued 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 re- ferred 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 disabled veterans’ outreach program specialist and local veterans’ employment representative who receives training provided by the Institute, or its successor, is given a final examination to evaluate the specialist’s or representative’s per- formance in receiving such training. (2) The results of such final examination shall be provided to the entity that sponsored the spe- cialist or representative who received the train- ing. (Added Pub. L. 97–306, title III, § 308(a), Oct. 14, 1982, 96 Stat. 1440, § 2009; amended Pub. L. 100–323, § 8(a), May 20, 1988, 102 Stat. 566; renum- bered § 4109, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105