38 U.S.C. § 4104 — Local veterans’ employment representa-

Page 967 TITLE 38—VETERANS’ BENEFITS § 4104 program specialists under section 4103A of title 38, United States Code, on or after the date of the enact- ment of this Act [Nov. 11, 1998].’’ Amendment by section 101(f) [title VIII, § 405(d)(29)(B)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(21)(B)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note under section 3502 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by sections 2(e)(1)(B) and 15(c)(1) of Pub. L. 100–323 effective May 20, 1988, amendment by section 2(e)(1)(A) of Pub. L. 100–323 effective for all of fiscal year 1988 and subsequent fiscal years, and amendment by section 7(b) of Pub. L. 100–323 effective on 60th day after May 20, 1988, see section 16(a), (b)(1)(B), (2) of Pub. L. 100–323, set out as a note under section 3104 of this title. EFFECTIVE DATE Section effective Oct. 1, 1980, see section 802(e) of Pub. L. 96–466, set out as an Effective Date of 1980 Amend- ment note under section 4101 of this title. § 4104. Local veterans’ employment representa- tives (a) REQUIREMENT FOR EMPLOYMENT BY STATES OF A SUFFICIENT NUMBER OF REPRESENTATIVES.— Subject to approval by the Secretary, a State shall employ such full- and part-time local vet- erans’ employment representatives as the State determines appropriate and efficient to carry out employment, training, and placement serv- ices under this chapter. (b) PRINCIPAL DUTIES.—As principal duties, local veterans’ employment representatives shall— (1) conduct outreach to employers in the area to assist veterans in gaining employ- ment, including conducting seminars for em- ployers and, in conjunction with employers, conducting job search workshops and estab- lishing job search groups; and (2) facilitate employment, training, and placement services furnished to veterans in a State under the applicable State employment service delivery systems. (c) REQUIREMENT FOR QUALIFIED VETERANS AND ELIGIBLE PERSONS.—A State shall, to the max- imum extent practicable, employ qualified vet- erans or eligible persons to carry out the serv- ices referred to in subsection (a). Preference shall be accorded in the following order: (1) To qualified service-connected disabled veterans. (2) If no veteran described in paragraph (1) is available, to qualified eligible veterans. (3) If no veteran described in paragraph (1) or (2) is available, then to qualified eligible per- sons. (d) PART-TIME EMPLOYEES.—A part-time local veterans’ employment representative shall per- form the functions of a local veterans’ employ- ment representative under this section on a half-time basis. (e) ADDITIONAL REQUIREMENTS FOR FULL-TIME EMPLOYEES.—(1) A full-time local veterans’ em- ployment representative shall perform only du- ties related to the employment, training, and placement services under this chapter, and shall not perform other non-veteran-related duties that detract from the representative’s ability to perform the representative’s duties related to employment, training, and placement services under this chapter. (2) The Secretary shall conduct regular audits to ensure compliance with paragraph (1). If, on the basis of such an audit, the Secretary deter- mines that a State is not in compliance with paragraph (1), the Secretary may reduce the amount of a grant made to the State under sec- tion 4102A(b)(5) of this title. (f) REPORTING.—Each local veterans’ employ- ment representative shall be administratively responsible to the manager of the employment service delivery system and shall provide re- ports, not less frequently than quarterly, to the manager of such office and to the Director for Veterans’ Employment and Training for the State regarding compliance with Federal law and regulations with respect to special services and priorities for eligible veterans and eligible persons. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1219, § 2013; renumbered § 2004, Pub. L. 87–675, § 1(a), Sept. 19, 1962, 76 Stat. 558; amended Pub. L. 89–358, § 6(c)(1), Mar. 3, 1966, 80 Stat. 27; Pub. L. 92–540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1095; Pub. L. 94–502, title VI, § 606(2), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100–323, § 3(a), May 20, 1988, 102 Stat. 560; Pub. L. 101–237, title IV, § 423(b)(8)(B), Dec. 18, 1989, 103 Stat. 2093; Pub. L. 102–16, § 10(a)(8), Mar. 22, 1991, 105 Stat. 56; renumbered § 4104 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107–14, § 8(a)(10), June 5, 2001, 115 Stat. 35; Pub. L. 107–95, § 9(b), Dec. 21, 2001, 115 Stat. 920; Pub. L. 107–288, § 4(b)(2), Nov. 7, 2002, 116 Stat. 2043; Pub. L. 109–461, title VI, § 602(b), Dec. 22, 2006, 120 Stat. 3437; Pub. L. 112–56, title II, § 241(b), Nov. 21, 2011, 125 Stat. 728.) Editorial Notes PRIOR PROVISIONS Prior section 4104, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1244; Pub. L. 89–785, title I, § 104, Nov. 7, 1966, 80 Stat. 1369; Pub. L. 94–123, § 5(a), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94–581, title I, § 110(3), title II, §§ 209(a)(1), (2), 210(c)(3), Oct. 21, 1976, 90 Stat. 2848, 2860, 2863; Pub. L. 96–151, title III, § 302(a), Dec. 20, 1979, 93 Stat. 1096; Pub. L. 98–160, title II, § 201, Nov. 21, 1983, 97 Stat. 1000; Pub. L. 98–528, title I, § 108, Oct. 19, 1984, 98 Stat. 2690; Pub. L. 100–322, title II, § 211(a), May 20, 1988, 102 Stat. 513; Pub. L. 101–366, title I, § 102(a), Aug. 15, 1990, 104 Stat. 430, related to appointment of additional per- sonnel for medical care of veterans, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7401 of this title. Provisions similar to those comprising this section were contained in former section 2003 of this title prior to the amendment of this chapter by Pub. L. 92–540. AMENDMENTS 2011—Subsecs. (e), (f). Pub. L. 112–56 added subsec. (e) and redesignated former subsec. (e) as (f). 2006—Subsecs. (d), (e). Pub. L. 109–461 added subsec. (d) and redesignated former subsec. (d) as (e). 2002—Pub. L. 107–288 amended text generally, sub- stituting subsecs. (a) to (d) for former subsecs. (a) to (c) relating to appointment, functions, and reporting re- quirements of local veterans’ employment representa- tives. Page 968 TITLE 38—VETERANS’ BENEFITS § 4104 2001—Subsec. (a)(1). Pub. L. 107–14, § 8(a)(10)(A)(i), sub- stituted ‘‘For any fiscal year,’’ for ‘‘Beginning with fis- cal year 1988,’’ in introductory provisions. Subsec. (a)(1)(B). Pub. L. 107–14, § 8(a)(10)(A)(ii), sub- stituted ‘‘subparagraph (A)’’ for ‘‘clause (A)’’. Subsec. (a)(1)(C). Pub. L. 107–14, § 8(a)(10)(A)(iii), sub- stituted ‘‘subparagraphs (A) and (B)’’ for ‘‘clauses (A) and (B)’’. Subsec. (a)(4). Pub. L. 107–14, § 8(a)(10)(B), struck out ‘‘on or after July 1, 1988’’ after ‘‘local veterans’ employ- ment representatives’’. Subsec. (b). Pub. L. 107–14, § 8(a)(10)(C)(i), substituted ‘‘shall perform the following functions:’’ for ‘‘shall—’’ in introductory provisions. Subsec. (b)(1) to (10). Pub. L. 107–14, § 8(a)(10)(C)(ii), (iii), capitalized the first letter of the first word and substituted a period for the semicolon at end. Subsec. (b)(11). Pub. L. 107–95, § 9(b)(1), which directed that ‘‘and’’ be struck out at end, could not be executed because of the intervening amendment by Pub. L. 107–14, § 8(a)(10)(C)(iv). See below. Pub. L. 107–14, § 8(a)(10)(C)(ii), (iv), capitalized the first letter of the first word and substituted a period for ‘‘; and’’ at end. Subsec. (b)(12). Pub. L. 107–95, § 9(b)(2), substituted ‘‘; and’’ for period at end. Pub. L. 107–14, § 8(a)(10)(C)(ii), capitalized the first let- ter of the first word. Subsec. (b)(13). Pub. L. 107–95, § 9(b)(3), added par. (13). 1991—Pub. L. 102–83, § 5(a), renumbered section 2004 of this title as this section. Subsec. (a)(1). Pub. L. 102–83, § 5(c)(1), substituted ‘‘4102A(b)(5)(A)(ii)’’ for ‘‘2002A(b)(5)(A)(ii)’’ in introduc- tory provisions. Pub. L. 102–16, § 10(a)(8)(A), (B), substituted ‘‘appoint- ment’’ for ‘‘assignment’’ in two places in introductory provisions and in subpar. (C). Subsec. (a)(4). Pub. L. 102–16, § 10(a)(8)(C), substituted ‘‘appointment’’ for ‘‘assigning’’. Subsec. (b)(6). Pub. L. 102–83, § 5(c)(1), substituted ‘‘4212’’ for ‘‘2012’’. Subsec. (b)(10). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1712A’’ for ‘‘612A’’. Subsec. (d). Pub. L. 102–16, § 10(a)(8)(D), struck out subsec. (d) which read as follows: ‘‘Local veterans’ em- ployment representatives shall be assigned, in accord- ance with this section, by the administrative head of the employment service in each State after consulta- tion with the Director for Veterans’ Employment and Training.’’ 1989—Subsec. (b)(7). Pub. L. 101–237 substituted ‘‘De- partment of Veterans Affairs’’ for ‘‘Veterans’ Adminis- tration’’. 1988—Pub. L. 100–323 substituted ‘‘Local veterans’ em- ployment representatives’’ for ‘‘Employees of local of- fices’’ as section catchline and amended section gen- erally. Prior to amendment, section read as follows: ‘‘Except as may be determined by the Secretary of Labor based on a demonstrated lack of need for such services, there shall be assigned by the administrative head of the employment service in each State one or more employees, preferably eligible veterans or eligible persons, on the staffs of local employment service of- fices, whose services shall be fully devoted to dis- charging the duties prescribed for the veterans’ em- ployment representative and such representative’s as- sistants.’’ 1976—Pub. L. 94–502 substituted ‘‘eligible veterans or eligible persons’’ for ‘‘eligible veterans’’ and ‘‘such rep- resentative’s’’ for ‘‘his’’. 1972—Pub. L. 92–540 substituted provisions relating to the assignment of employees of local offices for provi- sions relating to the cooperation of other Federal agen- cies. See section 2005 of this title. 1966—Pub. L. 89–358 inserted ‘‘or of service after Janu- ary 31, 1955’’ after ‘‘veterans of any war’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Subsec. (d) of this section as amended by Pub. L. 109–461 applicable with respect to pay periods beginning after the date that is 180 days after Dec. 22, 2006, see section 602(c) of Pub. L. 109–461, set out as a note under section 4103A of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–288 effective Nov. 7, 2002, and applicable for program years under this chapter be- ginning on or after such date, see section 4(b)(3) of Pub. L. 107–288, set out as a note under section 4103A of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–323 effective May 20, 1988, except that subsec. (a)(1) to (3) effective for all of fiscal year 1988 and subsequent fiscal years, see section 16(a), (b)(1)(C) of Pub. L. 100–323, set out as a note under sec- tion 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 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. PILOT PROGRAM TO INTEGRATE AND STREAMLINE FUNC- TIONS OF LOCAL VETERANS’ EMPLOYMENT REP- RESENTATIVES Pub. L. 104–275, title III, § 303, Oct. 9, 1996, 110 Stat. 3332, as amended by Pub. L. 105–368, title X, § 1005(c)(1), Nov. 11, 1998, 112 Stat. 3366, provided that: ‘‘(a) AUTHORITY TO CONDUCT PILOT PROGRAM.—In order to assess the effects on the timeliness and quality of services to veterans resulting from re-focusing the staff resources of local veterans’ employment rep- resentatives, the Secretary of Labor may conduct a pilot program under which the primary responsibilities of local veterans’ employment representatives will be case management and the provision and facilitation of direct employment and training services to veterans. ‘‘(b) AUTHORITIES UNDER CHAPTER 41.—To implement the pilot program, the Secretary of Labor may suspend or limit application of those provisions of chapter 41 of title 38, United States Code (other than subsections (b)(1) and (c) of section 4104) that pertain to the Local Veterans’ Employment Representative Program in States designated by the Secretary under subsection (d), except that the Secretary may use the authority of such chapter, as the Secretary may determine, in con- junction with the authority of this section, to carry out the pilot program. The Secretary may collect such data as the Secretary considers necessary for assess- ment of the pilot program. The Secretary shall meas- ure and evaluate on a continuing basis the effectiveness of the pilot program in achieving its stated goals in general, and in achieving such goals in relation to their cost, their effect on related programs, and their struc- ture and mechanisms for delivery of services. ‘‘(c) TARGETED VETERANS.—Within the pilot program, eligible veterans who are among groups most in need of intensive services, including disabled veterans, eco- nomically disadvantaged veterans, and veterans sepa- rated within the previous four years from active mili- tary, naval, or air service shall be given priority for service by local veterans’ employment representatives. Priority for the provision of service shall be given first to disabled veterans and then to the other categories of veterans most in need of intensive services in accord- ance with priorities determined by the Secretary of Labor in consultation with appropriate State labor au- thorities. ‘‘(d) STATES DESIGNATED.—The pilot program shall be limited to not more than five States to be designated by the Secretary of Labor. ‘‘(e) REPORTS TO CONGRESS.—(1) Not later than one year after the date of the enactment of this Act [Oct. Page 969 TITLE 38—VETERANS’ BENEFITS § 4104A 1 So in original. Probably should be preceded by ‘‘the’’. 9, 1996], the Secretary of Labor shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives an interim report describing in detail the development and implementation of the pilot program on a State by State basis. ‘‘(2) Not later than 120 days after the expiration of this section under subsection (h), the Secretary of Labor shall submit to the Committees on Veterans’ Af- fairs of the Senate and the House of Representatives a final report evaluating the results of the pilot program and make recommendations based on the evaluation, which may include legislative recommendations. ‘‘(f) DEFINITIONS.—For the purposes of this section: ‘‘(1) The term ‘veteran’ has the meaning given such term by section 101(2) of title 38, United States Code. ‘‘(2) The term ‘disabled veteran’ has the meaning given such term by section 4211(3) of such title. ‘‘(3) The term ‘active military, naval, or air service’ has the meaning given such term by section 101(24) of such title. ‘‘(g) ALLOCATION OF FUNDS.—Any amount otherwise available for fiscal year 1997, 1998, or 1999 to carry out section 4102A(b)(5) of title 38, United States Code, with respect to a State designated by the Secretary of Labor pursuant to subsection (d) shall be available to carry out the pilot program during that fiscal year with re- spect to that State. ‘‘(h) EXPIRATION DATE.—The authority to carry out the pilot program under this section shall expire on Oc- tober 1, 1999.’’ § 4104A. Collaborative veterans’ training, men- toring, and placement program (a) GRANTS.—The Secretary shall award grants to eligible nonprofit organizations to provide training and mentoring for eligible veterans who seek employment. The Secretary shall award the grants to not more than three organizations, for periods of two years. (b) COLLABORATION AND FACILITATION.—The Secretary shall ensure that the recipients of the grants— (1) collaborate with— (A) the appropriate disabled veterans’ out- reach specialists (in carrying out the func- tions described in section 4103A(a)) and the appropriate local veterans’ employment rep- resentatives (in carrying out the functions described in section 4104); and (B) the appropriate State boards and local boards (as such terms are defined in section 3 of the Workforce Innovation and Oppor- tunity Act) for the areas to be served by re- cipients of the grants; and (2) based on the collaboration, facilitate the placement of the veterans that complete the training in meaningful employment that leads to economic self-sufficiency. (c) APPLICATION.—To be eligible to receive a grant under this section, a nonprofit organiza- tion shall submit an application to the Sec- retary at such time, in such manner, and con- taining such information as the Secretary may require. At a minimum, the information shall include— (1) information describing how the organiza- tion will— (A) collaborate with disabled veterans’ outreach specialists and local veterans’ em- ployment representatives and the appro- priate State boards and local boards (as such terms are defined in section 3 of the Work- force Innovation and Opportunity Act); (B) based on the collaboration, provide training that facilitates the placement de- scribed in subsection (b)(2); and (C) make available, for each veteran re- ceiving the training, a mentor to provide ca- reer advice to the veteran and assist the vet- eran in preparing a resume and developing job interviewing skills; and (2) an assurance that the organization will provide the information necessary for the Sec- retary to prepare the reports described in sub- section (d). (d) REPORTS.—(1) Not later than six months after the date of the enactment of the VOW to Hire Heroes Act of 2011, the Secretary shall pre- pare and submit to the appropriate committees of Congress a report that describes the process for awarding grants under this section, the re- cipients of the grants, and the collaboration de- scribed in subsections (b) and (c). (2) Not later than 18 months after the date of enactment of the VOW to Hire Heroes Act of 2011, the Secretary shall— (A) conduct an assessment of the perform- ance of the grant recipients, disabled veterans’ outreach specialists, and local veterans’ em- ployment representatives in carrying out ac- tivities under this section, which assessment shall include collecting information on the number of— (i) veterans who applied for training under this section; (ii) veterans who entered the training; (iii) veterans who completed the training; (iv) veterans who were placed in meaning- ful employment under this section; and (v) veterans who remained in such employ- ment as of the date of the assessment; and (B) submit to the appropriate committees of Congress a report that includes— (i) a description of how the grant recipi- ents used the funds made available under this section; (ii) the results of the assessment con- ducted under subparagraph (A); and (iii) the recommendations of the Secretary as to whether amounts should be appro- priated to carry out this section for fiscal years after 2013. (e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $4,500,000 for the period consisting of fiscal years 2012 and 2013. (f) DEFINITIONS.—In this section— (1) the term ‘‘appropriate committees of Congress’’ means— (A) the Committee on Veterans’ Affairs and the Committee on Health, Education, Labor, and Pension of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Education and Work- force 1 of the House of Representatives; and (2) the term ‘‘nonprofit organization’’ means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under sec- tion 501(a) of such Code.