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 first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. § 4105. Cooperation of Federal agencies (a) All Federal agencies shall furnish the Sec- retary such records, statistics, or information as the Secretary may deem necessary or appro- priate 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 identi- fying employers with potential job training op- portunities under the Veterans’ Job Training Act (Public Law 98–77; 29 U.S.C. 1721 note) 1 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 Sec- retary of Veterans Affairs with updated infor- mation regarding any list maintained by the Secretary of Defense of employers participating in the National Committee for Employer Sup- port of the Guard and Reserve. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1219, § 2014; renumbered § 2005 and amended Pub. L. 87–675, § 1(a), (c), Sept. 19, 1962, 76 Stat. 558, 559; Pub. L. 92–540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1095; Pub. L. 93–508, title IV, § 401(d), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94–502, title VI, § 606(3), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100–323, §§ 6(a), 15(a)(2), May 20, 1988, 102 Stat. 564, 574; Pub. L. 101–237, title IV, § 423(b)(8)(A), Dec. 18, 1989, 103 Stat. 2093; renumbered § 4105, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109–233, title V, § 503(12), June 15, 2006, 120 Stat. 417.) Editorial Notes REFERENCES IN TEXT The Veterans’ Job Training Act, referred to in sub- sec. (b), is Pub. L. 98–77, Aug. 15, 1983, 97 Stat. 443, which is set out as a note under section 3171 of Title 29, Labor. For complete classification of this Act to the Code, see Tables. PRIOR PROVISIONS Prior section 4105, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1244; Pub. L. 87–574, § 4(1), Aug. 6, 1962, 76 Stat. 308; Pub. L. 89–785, title I, § 105, Nov. 7, 1966, 80 Stat. 1369; Pub. L. 94–123, § 5(b), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94–581, title I, § 110(4), title II, §§ 205(e), 209(a)(1), (2), (4), (c)(2), Oct. 21, 1976, 90 Stat. 2848, 2859, 2860, 2861; Pub. L. 95–201, § 4(a)(1), Nov. 23, 1977, 91 Stat. 1430; Pub. L. 96–151, title III, § 302(b), Dec. 20, 1979, 93 Stat. 1096; Pub. L. 97–295, § 4(81), Oct. 12, 1982, 96 Stat. 1311; Pub. L. 98–160, title II, § 202, Nov. 21, 1983, 97 Stat. 1000, related to qualifications of appointees to positions in Depart- ment of Medicine and Surgery, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7402 of this title. Provisions similar to those comprising this section were contained in former section 2004 of this title prior to the amendment of this chapter by Pub. L. 92–540. AMENDMENTS 2006—Subsec. (b). Pub. L. 109–233 substituted ‘‘shall, on the 15th day of each month, provide the Secretary and the Secretary of Veterans Affairs with updated in- formation regarding’’ for ‘‘shall provide, not more than 30 days after the date of the enactment of this sub- section, the Secretary and the Secretary of Veterans Affairs with’’ and struck out before period at end ‘‘and shall provide, on the 15th day of each month thereafter, updated information regarding the list’’. 1991—Pub. L. 102–83 renumbered section 2005 of this title as this section. 1989—Subsec. (b). Pub. L. 101–237 substituted ‘‘Sec- retary of Veterans Affairs’’ for ‘‘Administrator’’ wher- ever appearing. 1988—Subsec. (a). Pub. L. 100–323, § 15(a)(2), struck out ‘‘of Labor’’ after ‘‘furnish the Secretary’’. Pub. L. 100–323, § 6(a)(1), designated existing provi- sions as subsec. (a). Subsec. (b). Pub. L. 100–323, § 6(a)(2), added subsec. (b). 1976—Pub. L. 94–502 substituted ‘‘the Secretary may deem’’ for ‘‘he may deem’’. 1974—Pub. L. 93–508 substituted ‘‘eligible veterans and eligible persons’’ for ‘‘eligible veterans’’. 1972—Pub. L. 92–540 substituted provisions relating to the cooperation of other Federal agencies for provi- sions relating to the estimation of funds for adminis- tration. See section 2006 of this title. 1962—Pub. L. 87–675 substituted ‘‘chapter’’ for ‘‘sub- chapter’’ after ‘‘administration of this’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 6(a) of Pub. L. 100–323 effec- tive on 60th day after May 20, 1988, and amendment by section 15(a)(2) of Pub. L. 100–323 effective 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. 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.’’