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 and Training Services In- stitute that begins on or after the date that is 180 days after the date of the enactment of this Act [Nov. 21, 2011].’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–323 effective on 60th day after May 20, 1988, see section 16(b)(2) of Pub. L. 100–323, set out as a note under section 3104 of this title. § 4110. Advisory Committee on Veterans Employ- ment, 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 Vet- erans 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 pro- grams 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 vet- erans and the advantages afforded employers by hiring veterans; (D) make recommendations to the Sec- retary, through the Assistant Secretary of Labor for Veterans’ Employment and Train- ing, 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 rec- ommendations 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 fol- lowing organizations: (i) The National Society of Human Re- source Managers. (ii) The Business Roundtable. (iii) The National Association of State Workforce Agencies. (iv) The United States Chamber of Com- merce. (v) The National Federation of Inde- pendent 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 em- ployment program. (C) Not more than five individuals who are recognized authorities in the fields of busi- ness, employment, training, rehabilitation, or labor and who are not employees of the De- partment of Labor. (2) A vacancy in the advisory committee shall be filled in the manner in which the original ap- pointment was made. (d) The following, or their representatives, shall be ex officio, nonvoting members of the ad- visory 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 Vet- erans Employment and Training. (5) The Assistant Secretary of Labor for Em- ployment 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 con- secutive 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 ex- penses, including per diem in lieu of subsistence, at rates authorized for persons serving intermit- tently in the Government service in accordance with the provisions of subchapter I of chapter 57 of title 5 while away from their homes or reg- ular places of business in the performance of the responsibilities of the advisory committee. Page 977 TITLE 38—VETERANS’ BENEFITS § 4110 (4) The Secretary of Labor shall provide staff and administrative support to the advisory com- mittee through the Veterans Employment and Training Service. (f)(1) Not later than December 31 of each year, the advisory committee shall submit to the Sec- retary and to the Committees on Veterans’ Af- fairs 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 integra- tion into the workforce; (B) an assessment of the outreach activities carried out by the Secretary of Labor to em- ployers with respect to the training and skills of veterans and the advantages afforded em- ployers 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 ad- visory committee during that fiscal year; (E) a description of activities that the advi- sory committee proposes to undertake in the succeeding fiscal year; and (F) any recommendations for legislation, ad- ministrative 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 deter- mines appropriate. (g) Within 60 days after receiving each annual report referred to in subsection (f)(1), the Sec- retary of Labor shall transmit to Congress a copy of the report together with any comments concerning the report that the Secretary con- siders appropriate. (h) The advisory committee shall continue until terminated by law. (Added Pub. L. 97–306, title III, § 308(a), Oct. 14, 1982, 96 Stat. 1441, § 2010; amended Pub. L. 100–323, §§ 10, 15(a)(2), (3), (b)(1), May 20, 1988, 102 Stat. 566, 574; Pub. L. 101–237, title IV, § 423(b)(8)(A), Dec. 18, 1989, 103 Stat. 2093; Pub. L. 102–16, § 8(a), Mar. 22, 1991, 105 Stat. 52; renum- bered § 4110 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–568, title V, § 504, Oct. 29, 1992, 106 Stat. 4340; Pub. L. 103–446, title XII, § 1201(a)(5), (g)(3), (i)(7), Nov. 2, 1994, 108 Stat. 4682, 4687, 4688; Pub. L. 109–233, title II, § 202(a)(1), (2), (b)–(d), June 15, 2006, 120 Stat. 403, 404; Pub. L. 109–461, title VI, § 604(b), Dec. 22, 2006, 120 Stat. 3439; Pub. L. 110–387, title IX, § 901(a)(4), Oct. 10, 2008, 122 Stat. 4142.) Editorial Notes PRIOR PROVISIONS Prior section 4110, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1246; Pub. L. 88–207, Dec. 17, 1963, 77 Stat. 402; Pub. L. 98–160, title II, § 205, Nov. 21, 1983, 97 Stat. 1001; Pub. L. 99–576, title VII, § 701(88), Oct. 28, 1986, 100 Stat. 3299, related to disciplinary boards, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7464 of this title. AMENDMENTS 2008—Subsec. (c)(1). Pub. L. 110–387 substituted ‘‘16’’ for ‘‘15’’ in introductory provisions. 2006—Pub. L. 109–233, § 202(a)(2), amended section catchline generally, substituting ‘‘Advisory Committee on Veterans Employment, Training, and Employer Out- reach’’ for ‘‘Advisory Committee on Veterans Employ- ment and Training’’. Subsec. (a)(1). Pub. L. 109–233, § 202(a)(1), substituted ‘‘Advisory Committee on Veterans Employment, Train- ing, and Employer Outreach’’ for ‘‘Advisory Committee on Veterans Employment and Training’’. Subsec. (a)(2). Pub. L. 109–233, § 202(b), inserted ‘‘and their integration into the workforce’’ after ‘‘veterans’’ in subpar. (A), added subpars. (C) and (D), and redesig- nated former subpar. (C) as (E). Subsec. (c)(1). Pub. L. 109–233, § 202(c)(1), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘The Secretary of Labor shall appoint at least 12, but no more than 18, individuals to serve as members of the advisory committee consisting of— ‘‘(A) representatives nominated by veterans’ orga- nizations that have a national employment program; and ‘‘(B) not more than 6 individuals who are recognized authorities in the fields of business, employment, training, rehabilitation, or labor and who are not em- ployees of the Department of Labor.’’ Subsec. (c)(1)(A). Pub. L. 109–461 substituted ‘‘Seven’’ for ‘‘Six’’ in introductory provisions and added cl. (vii). Subsec. (d)(3) to (12). Pub. L. 109–233, § 202(c)(2), struck out pars. (3), (4), (8), and (10) to (12) which related to certain ex officio, nonvoting members of the advisory committee and redesignated pars. (5) to (7) and (9) as (3) to (6), respectively. Subsec. (f)(1). Pub. L. 109–233, § 202(d)(1), substituted first sentence for former first sentence which read ‘‘Not later than July 1 of each year, the advisory committee shall submit to the Secretary of Labor a report on the employment and training needs of veterans.’’ Subsec. (f)(1)(A). Pub. L. 109–233, § 202(d)(2), inserted ‘‘and their integration into the workforce’’ after ‘‘vet- erans’’. Subsec. (f)(1)(B) to (F). Pub. L. 109–233, § 202(d)(3)–(6), added subpars. (B), (D), and (E), and redesignated former subpars. (B) and (C) as (C) and (F), respectively. 1994—Subsec. (c)(1). Pub. L. 103–446, § 1201(g)(3), sub- stituted ‘‘shall appoint’’ for ‘‘shall, within 90 days after the date of the enactment of this section, appoint’’. Subsec. (d)(9). Pub. L. 103–446, § 1201(a)(5), substituted ‘‘Administrator of the Small Business Administration’’ for ‘‘Secretary of the Small Business Administration’’. Subsec. (e)(3)(B). Pub. L. 103–446, § 1201(i)(7), struck out ‘‘, United States Code,’’ after ‘‘title 5’’ and sub- stituted ‘‘the advisory committee’’ for ‘‘the Board’’. 1992—Subsec. (c)(1)(A). Pub. L. 102–568 struck out ‘‘are chartered by Federal law and’’ after ‘‘that’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 2010 of this title as this section. Pub. L. 102–16 amended section generally, sub- stituting present catchline and text consisting of sub- secs. (a) to (h) for former catchline which read ‘‘Sec- retary of Labor’s Committee on Veterans’ Employ- ment’’ and former text consisting of subsecs. (a) to (c). Subsec. (d)(9). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’. 1989—Subsec. (b)(1)(A). Pub. L. 101–237 substituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Administrator’’. 1988—Subsec. (b). Pub. L. 100–323, § 15(b)(1), inserted ‘‘and Training’’ after ‘‘for Veterans’ Employment’’. Pub. L. 100–323, § 15(a)(3), substituted ‘‘Notwith- standing section 2002A(b) of this title, the’’ for ‘‘The’’. Pub. L. 100–323, § 15(a)(2), struck out ‘‘of Labor’’ after ‘‘Secretary’’ in first sentence. Subsec. (b)(1)(D) to (I). Pub. L. 100–323, § 10, added sub- pars. (D), (H), and (I) and redesignated former subpars. (D) to (F) as (E) to (G), respectively. Page 978 TITLE 38—VETERANS’ BENEFITS § 4110A Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 109–233, title II, § 202(a)(4), June 15, 2006, 120 Stat. 403, provided that: ‘‘Any reference to the Advisory Committee established under section 4110 of such title [this title] in any law, regulation, map, document, record, or other paper of the United States shall be con- sidered to be a reference to the Advisory Committee on Veterans Employment, Training, and Employer Out- reach.’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 10 of Pub. L. 100–323 effective on 60th day after May 20, 1988, and amendment by sec- tion 15(a)(2), (3), (b)(1) of Pub. L. 100–323 effective May 20, 1988, see section 16(b)(2) of Pub. L. 100–323, set out as a note under section 3104 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of reporting provisions in subsec. (g) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 125 of House Document No. 103–7. TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. § 4110A. Special unemployment study (a)(1) The Secretary, through the Bureau of Labor Statistics, shall conduct an annual study of unemployment among each of the following categories of veterans: (A) Veterans who were called to active duty while members of the National Guard or a Re- serve Component. (B) Veterans who served in combat or in a war zone in the Post 9/11 Global Operations theaters. (C) Veterans who served on active duty dur- ing the Post 9/11 Global Operations period who did not serve in the Post 9/11 Global Oper- ations theaters. (D) Veterans of the Vietnam era who served in the Vietnam theater of operations during the Vietnam era. (E) Veterans who served on active duty dur- ing the Vietnam era who did not serve in the Vietnam theater of operations. (F) Veterans discharged or released from ac- tive duty within four years of the applicable study. (G) Special disabled veterans. (2) Within each of the categories of veterans specified in paragraph (1), the Secretary shall include a separate category for women who are veterans. (b) The Secretary shall promptly submit to Congress a report on the results of each study under subsection (a). (c) In this section: (1) The term ‘‘Post 9/11 Global Operations pe- riod’’ means the period of the Persian Gulf War beginning on September 11, 2001, and end- ing on the date thereafter prescribed by Presi- dential proclamation or law. (2) The term ‘‘Post 9/11 Global Operations theaters’’ means Afghanistan, Iraq, or any other theater in which the Global War on Ter- rorism Expeditionary Medal is awarded for service. (Added Pub. L. 100–323, § 9(a), May 20, 1988, 102 Stat. 566, § 2010A; renumbered § 4110A, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. L. 103–446, title VII, § 701(c), Nov. 2, 1994, 108 Stat. 4674; Pub. L. 105–368, title X, § 1005(b)(14), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 110–389, title III, § 317, Oct. 10, 2008, 122 Stat. 4167.) Editorial Notes AMENDMENTS 2008—Subsec. (a)(1). Pub. L. 110–389, § 317(a), sub- stituted ‘‘an annual study’’ for ‘‘a study every two years’’ in introductory provisions, added subpars. (A) to (G), and struck out former subpars. (A) to (E) which read as follows: ‘‘(A) Special disabled veterans. ‘‘(B) Veterans of the Vietnam era who served in the Vietnam theater of operations during the Vietnam era. ‘‘(C) Veterans who served on active duty during the Vietnam era who did not serve in the Vietnam theater of operations. ‘‘(D) Veterans who served on active duty after the Vietnam era. ‘‘(E) Veterans discharged or released from active duty within four years of the applicable study.’’ Subsec. (c). Pub. L. 110–389, § 317(b), added subsec. (c). 1998—Subsec. (a)(3). Pub. L. 105–368, § 1005(b)(14)(B), re- designated par. (3) as subsec. (b). Subsec. (b). Pub. L. 105–368 redesignated subsec. (a)(3) as (b), substituted ‘‘subsection (a)’’ for ‘‘paragraph (1)’’, and struck out former subsec. (b) which read as follows: ‘‘The first study under this section shall be completed not later than 180 days after the date of the enactment of this section.’’ 1994—Subsec. (a). Pub. L. 103–446 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘The Secretary, through the Bureau of Labor Statistics, shall conduct, on a biennial basis, studies of unemployment among special disabled veterans and among veterans who served in the Vietnam Theater of Operations during the Vietnam era and promptly re- port to the Congress on the results of such studies.’’ 1991—Pub. L. 102–83 renumbered section 2010A of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on 60th day after May 20, 1988, see section 16(b)(2) of Pub. L. 100–323, set out as an Effec- tive Date of 1988 Amendment note under section 3104 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of reporting provisions in subsec. (b) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 125 of House Document No. 103–7. § 4110B. Coordination and nonduplication In carrying out this chapter, the Secretary shall require that an appropriate administrative entity in each State enter into an agreement with the Secretary regarding the implementa- tion of the Workforce Innovation and Oppor-