38 U.S.C. § 4103 — Directors and Assistant Directors for Vet-

Page 963 TITLE 38—VETERANS’ BENEFITS § 4103 ‘‘(1) A description, including any cost to a veteran. ‘‘(2) Contact information. ‘‘(3) Whether the program has been endorsed by a veterans service organization or nonprofit organiza- tion that caters to veterans. ‘‘(4) Whether the program prefers to hire veterans. ‘‘(5) Each certification or degree an individual earns by completing the program. ‘‘(b) COORDINATION WITH OTHER WEBSITE.—The Assist- ant Secretary shall update all information regarding programs for veterans listed on apprenticeship.gov (or any successor website) to include the information spec- ified under subsection (a).’’ REFERENCES TO AND CONTINUATION OF POSITION OF DEPUTY ASSISTANT SECRETARY OF LABOR FOR VET- ERANS’ EMPLOYMENT Pub. L. 96–466, title V, § 504(b), (c), Oct. 17, 1980, 94 Stat. 2203, provided that: ‘‘(b) Any reference in any law, regulation, directive, or other document to the Deputy Assistant Secretary of Labor for Veterans’ Employment shall be deemed to be a reference to the Assistant Secretary of Labor for Veterans’ Employment. ‘‘(c) Notwithstanding any other provision of law, the position of Deputy Assistant Secretary of Labor for Veterans’ Employment, as constituted on the day be- fore the date of the enactment of this section [Oct. 17, 1980], shall remain in existence until a person has been appointed to and has qualified for the position of As- sistant Secretary of Labor for Veterans’ Employment (established by the amendments made by subsection (a) [amending sections 2002 and 2002A [now 4102 and 4102A] of this title]).’’ [Reference to Assistant Secretary of Labor for Vet- erans’ Employment in any law in force on Nov. 6, 1986, deemed to be a reference to Assistant Secretary of Labor for Veterans’ Employment and Training, see sec- tion 2(b)(3) of Pub. L. 99–619, set out as a References in Other Laws note under section 553 of Title 29, Labor.] [Pub. L. 96–466, title VIII, § 802(e), Oct. 17, 1980, 94 Stat. 2218, provided that section 504(b), (c) are effective Oct. 1, 1980.] § 4103. Directors and Assistant Directors for Vet- erans’ Employment and Training; additional Federal personnel (a) DIRECTORS AND ASSISTANT DIRECTORS.—(1) The Secretary shall assign to each State a rep- resentative of the Veterans’ Employment and Training Service to serve as the Director for Veterans’ Employment and Training, and shall assign full-time Federal clerical or other sup- port personnel to each such Director. (2)(A) Each Director for Veterans’ Employ- ment and Training for a State shall, at the time of appointment, have been a bona fide resident of the State for at least two years. (B) The Secretary may waive the requirement in subparagraph (A) with respect to a Director for Veterans’ Employment and Training if the Secretary determines that the waiver is in the public interest. Any such waiver shall be made on a case-by-case basis. (3) Full-time Federal clerical or other support personnel assigned to Directors for Veterans’ Employment and Training shall be appointed in accordance with the provisions of title 5 gov- erning appointments in the competitive service and shall be paid in accordance with the provi- sions of chapter 51 and subchapter III of chapter 53 of title 5. (b) ADDITIONAL FEDERAL PERSONNEL.—The Secretary may also assign as supervisory per- sonnel such representatives of the Veterans’ Employment and Training Service as the Sec- retary determines appropriate to carry out the employment, training, and placement services required under this chapter, including Assistant Directors for Veterans’ Employment and Train- ing. (c) COORDINATION WITH STATE DEPARTMENTS OF LABOR AND VETERANS AFFAIRS.—Each Director for Veterans’ Employment and Training for a State shall coordinate the Director’s activities under this chapter with the State department of labor and the State department of veterans af- fairs. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1218, § 2012; renumbered § 2003, 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. 1094; Pub. L. 93–508, title IV, § 401(c), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94–502, title VI, §§ 602, 606(1), Oct. 15, 1976, 90 Stat. 2404, 2405; Pub. L. 96–466, title V, § 505, title VIII, § 801(i), Oct. 17, 1980, 94 Stat. 2204, 2216; Pub. L. 97–295, § 4(70), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 97–306, title III, § 304(a)(1), (b), (c), Oct. 14, 1982, 96 Stat. 1437, 1438; Pub. L. 100–323, §§ 5, 7(a), 15(a)(2), (c)(1), (3)(A), May 20, 1988, 102 Stat. 563, 564, 574; Pub. L. 101–237, title IV, § 423(b)(8)(B), Dec. 18, 1989, 103 Stat. 2093; renum- bered § 4103 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title XII, § 1201(d)(14), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 104–275, title III, § 302, Oct. 9, 1996, 110 Stat. 3332; Pub. L. 107–288, § 4(a)(1), Nov. 7, 2002, 116 Stat. 2042; Pub. L. 110–389, title III, § 316, Oct. 10, 2008, 122 Stat. 4167; Pub. L. 114–315, title V, § 504(a), Dec. 16, 2016, 130 Stat. 1568.) Editorial Notes PRIOR PROVISIONS Prior section 4103, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1243; Pub. L. 86–568, title I, § 114(a)–(e), July 1, 1960, 74 Stat. 300; Pub. L. 87–574, § 5, Aug. 6, 1962, 76 Stat. 309; Pub. L. 87–793, § 801, Oct. 11, 1962, 76 Stat. 859; Pub. L. 88–18, May 8, 1963, 77 Stat. 15; Pub. L. 88–426, title I, § 117(a), Aug. 14, 1964, 78 Stat. 409; Pub. L. 89–785, title I, § 103(a), (b), Nov. 7, 1966, 80 Stat. 1368; Pub. L. 93–82, title II, § 202, Aug. 2, 1973, 87 Stat. 188; Pub. L. 94–581, title I, § 110(2), title II, §§ 205(d), 209(c)(1), 210(c)(2), Oct. 21, 1976, 90 Stat. 2848, 2859, 2861, 2863; Pub. L. 96–330, title I, § 105(b), title III, § 303, Aug. 26, 1980, 94 Stat. 1036, 1050; Pub. L. 100–687, div. B, title XV, § 1506(b)(1), Nov. 18, 1988, 102 Stat. 4135, related to Office of Chief Medical Director, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7306 of this title. Provisions similar to those comprising this section were contained in section 2002 of this title prior to the amendment of this chapter by Pub. L. 92–540. AMENDMENTS 2016—Subsec. (c). Pub. L. 114–315 added subsec. (c). 2008—Subsec. (a)(2). Pub. L. 110–389 designated exist- ing provisions as subpar. (A) and added subpar. (B). 2002—Pub. L. 107–288 substituted ‘‘Directors and As- sistant Directors for Veterans’ Employment and Train- ing; additional Federal personnel’’ for ‘‘Directors and Assistant Directors for Veterans’ Employment and Training’’ in section catchline and amended text gen- erally, substituting subsecs. (a) and (b) for former sub- secs. (a) to (c) relating to Directors and Assistant Di- rectors and their responsibilities. 1996—Subsec. (a). Pub. L. 104–275 substituted ‘‘full- time Federal clerical or other support personnel’’ for Page 964 TITLE 38—VETERANS’ BENEFITS § 4103 ‘‘full-time Federal clerical support’’ in first sentence and ‘‘Full-time Federal clerical or other support per- sonnel’’ for ‘‘Full-time Federal clerical support per- sonnel’’ in third sentence. 1994—Subsec. (c)(2). Pub. L. 103–446 substituted ‘‘sub- chapter II of chapter 77’’ for ‘‘subchapter IV of chapter 3’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 2003 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘4107’’ for ‘‘2007’’. Subsec. (c)(8). Pub. L. 102–83, § 5(c)(1), substituted ‘‘4212’’ for ‘‘2012‘‘. Subsec. (c)(11). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1712A’’ for ‘‘612A’’. 1989—Subsec. (c)(2), (10). Pub. L. 101–237 substituted ‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Ad- ministration’’. 1988—Pub. L. 100–323, § 15(c)(3)(A), substituted ‘‘Direc- tors and Assistant Directors’’ for ‘‘State and Assistant State Directors’’ and inserted ‘‘and Training’’ after ‘‘for Veterans’ Employment’’ in section catchline. Subsec. (a). Pub. L. 100–323, § 15(a)(2), struck out ‘‘of Labor’’ after ‘‘The Secretary’’ at beginning. Pub. L. 100–323, § 15(c)(1), substituted ‘‘Director for Veterans’ Employment and Training’’ for ‘‘State Direc- tor for Veterans’ Employment’’ in two places, ‘‘Assist- ant Director for Veterans’ Employment and Training’’ for ‘‘Assistant State Director for Veterans’ Employ- ment’’, ‘‘Assistant Directors for Veterans’ Employment and Training’’ for ‘‘Assistant State Directors for Vet- erans’ Employment’’, and ‘‘Directors for Veterans’ Em- ployment and Training’’ for ‘‘State Directors for Vet- erans’ Employment’’. Subsec. (b)(1)(A). Pub. L. 100–323, § 15(c)(1), substituted ‘‘Director for Veterans’ Employment and Training’’ for ‘‘State Director for Veterans’ Employment’’ and ‘‘As- sistant Director for Veterans’ Employment and Train- ing’’ for ‘‘Assistant State Director for Veterans’ Em- ployment’’. Pub. L. 100–323, § 5(1)–(3), designated existing provi- sions as subpar. (A), redesignated former cls. (A) and (B) as (i) and (ii), respectively, and substituted ‘‘, except as provided in subparagraph (B) of this para- graph, be a qualified veteran’’ for ‘‘be an eligible vet- eran’’ in cl. (i). Subpar. (b)(1)(B). Pub. L. 100–323, § 5(4), added subpar. (B). Subsec. (b)(2). Pub. L. 100–323, § 15(c)(1), substituted ‘‘Director for Veterans’ Employment and Training’’ for ‘‘State Director for Veterans’ Employment’’ and ‘‘As- sistant Director for Veterans’ Employment and Train- ing’’ for ‘‘Assistant State Director for Veterans’ Em- ployment’’. Pub. L. 100–323, § 15(a)(2), struck out ‘‘of Labor’’ after ‘‘to the Secretary’’. Subsec. (c). Pub. L. 100–323, § 15(c)(1), substituted ‘‘Di- rector for Veterans’ Employment and Training’’ for ‘‘State Director for Veterans’ Employment’’ and ‘‘As- sistant Directors for Veterans’ Employment and Train- ing’’ for ‘‘Assistant State Directors for Veterans’ Em- ployment’’. Subsec. (c)(1). Pub. L. 100–323, § 7(a)(1), inserted ‘‘(A) functionally supervise the provision of services to eligi- ble veterans and eligible persons by such system and such program and their staffs, and (B)’’ after ‘‘(1)’’ and ‘‘, including the program conducted under the Vet- erans’ Job Training Act (Public Law 98–77; 29 U.S.C. 1721 note)’’ after ‘‘programs’’. Subsec. (c)(2). Pub. L. 100–323, § 7(a)(2), inserted ‘‘and otherwise to promote the employment of eligible vet- erans and eligible persons’’ after ‘‘opportunities’’. Subsec. (c)(13) to (15). Pub. L. 100–323, § 7(a)(3)–(5), added cls. (13) to (15). 1982—Pub. L. 97–306, § 304(a)(1), struck out text that preceded cl. (1), which related to assignment, number, qualifications, pay, and administrative position of vet- erans’ employment representatives, and inserted in lieu thereof a revised section catchline and subsecs. (a) to (c) relating to State and Assistant State Directors for Veterans’ Employment. Pub. L. 97–295 substituted ‘‘chapter 51 and’’ for ‘‘chap- ter 51 of’’. Subsec. (c)(6). Pub. L. 97–306, § 304(b), substituted pro- vision of cl. (6) that the Director and Assistant Direc- tor promote and facilitate the participation of veterans in Federal and federally funded employment and train- ing programs and directly monitor the implementation and operation of such programs to ensure that eligible veterans, veterans of the Vietnam era, disabled vet- erans, and eligible persons receive such priority or other special consideration in the provision of services as is required by law or regulation, for provision that they promote the participation of veterans in Com- prehensive Employment and Training Act programs and monitor the implementation and operation of Com- prehensive Employment and Training Act programs to assure that eligible veterans, disabled veterans, and veterans of the Vietnam era receive special consider- ation when required. Subsec. (c)(8) to (12). Pub. L. 97–306, § 304(c), added cls. (8) to (12). 1980—Pub. L. 96–466 in provisions preceding par. (1) in- serted ‘‘(and shall assign full-time clerical support to each such representative)’’ after ‘‘to serve as the vet- erans’ employment representative’’, struck out ‘‘, United States Code,’’ after ‘‘title 5’’, substituted ‘‘employment and training programs’’ for ‘‘manpower and training programs’’, inserted ‘‘system’’ after ‘‘pub- lic employment service’’ wherever appearing, and in par. (6) inserted ‘‘, disabled veterans, and veterans of the Vietnam era’’ after ‘‘eligible veterans’’. 1976—Pub. L. 94–502 substituted ‘‘the Secretary shall determine’’ for ‘‘he shall determine’’, ‘‘such representa- tive’s’’ for ‘‘his’’, ‘‘administered by the Secretary or by prime sponsors under the Comprehensive Employment and Training Act’’ for ‘‘administered by the Sec- retary’’, added cl. (6), and redesignated former cl. (6) as (7). 1974—Pub. L. 93–508 substituted ‘‘250,000 veterans and eligible persons of the State’’ for ‘‘250,000 veterans of the State’’, and ‘‘Secretary’s veterans’ and eligible per- sons’ counseling and placement policies’’ for ‘‘Sec- retary’s veterans’ counseling and placement policies’’, and in cls. (1), (2), (4), (5), and (6) of the fifth sentence substituted ‘‘eligible veterans and eligible persons’’ for ‘‘eligible veterans’’, in cl. (3) substituted ‘‘eligible vet- eran’s or an eligible person’s’’ for ‘‘eligible veteran’s’’, and in cl. (4) substituted ‘‘such veterans and persons’’ for ‘‘such veterans’’. 1972—Pub. L. 92–540 substituted provisions relating to the assignment of veterans’ employment representa- tives for provisions relating to the assignment of em- ployees of local offices. See section 2004 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 2016 AMENDMENT Pub. L. 114–315, title V, § 504(b), Dec. 16, 2016, 130 Stat. 1569, provided that: ‘‘Subsection (c) of such section [38 U.S.C. 4103(c)], as added by subsection (a), shall take ef- fect on the date that is 1 year after the date of the en- actment of this Act [Dec. 16, 2016].’’ EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–288 effective Nov. 7, 2002, and applicable for program and fiscal 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. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 15(a)(2), (c)(1), (3)(A) of Pub. L. 100–323 effective May 20, 1988, and amendment by sec- tions 5 and 7(a) of Pub. L. 100–323 effective on 60th day after 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 965 TITLE 38—VETERANS’ BENEFITS § 4103A EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 505 of 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. Amendment by section 801(i) of Pub. L. 96–466 effec- tive Oct. 1, 1980, see section 802(h) of Pub. L. 96–466, set out as a note under section 3452 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 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. § 4103A. Disabled veterans’ outreach program (a) REQUIREMENT FOR EMPLOYMENT BY STATES OF A SUFFICIENT NUMBER OF SPECIALISTS.—(1) Subject to approval by the Secretary, a State shall employ such full- or part-time disabled veterans’ outreach program specialists as the State determines appropriate and efficient to carry out intensive services and facilitate place- ments under this chapter to meet the employ- ment needs of eligible veterans with the fol- lowing priority in the provision of services: (A) Special disabled veterans. (B) Other disabled veterans. (C) Other eligible veterans in accordance with priorities determined by the Secretary taking into account applicable rates of unem- ployment and the employment emphases set forth in chapter 42 of this title. (2) In the provision of services in accordance with this subsection, maximum emphasis in meeting the employment needs of veterans shall be placed on assisting economically or educa- tionally disadvantaged veterans. (3) In facilitating placement of a veteran under this program, a disabled veterans’ out- reach program specialist shall help to identify job opportunities that are appropriate for the veteran’s employment goals and assist that vet- eran in developing a cover letter and resume that are targeted for those particular jobs. (b) REQUIREMENT FOR QUALIFIED VETERANS.—A State shall, to the maximum extent practicable, employ qualified veterans to carry out the serv- ices referred to in subsection (a). Preference shall be given in the appointment of such spe- cialists to qualified disabled veterans. (c) PART-TIME EMPLOYEES.—A part-time dis- abled veterans’ outreach program specialist shall perform the functions of a disabled vet- erans’ outreach program specialist under this section on a half-time basis. (d) ADDITIONAL REQUIREMENT FOR FULL-TIME EMPLOYEES.—(1) A full-time disabled veterans’ outreach program specialist shall perform only duties related to meeting the employment needs of eligible veterans, as described in subsection (a), and shall not perform other non-veteran-re- lated duties that detract from the specialist’s ability to perform the specialist’s duties related to meeting the employment needs of eligible veterans. (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. (Added Pub. L. 96–466, title V, § 506(a), Oct. 17, 1980, 94 Stat. 2204, § 2003A; amended Pub. L. 97–306, title III, § 305, Oct. 14, 1982, 96 Stat. 1439; Pub. L. 100–323, §§ 2(e)(1), 7(b), 15(c)(1), May 20, 1988, 102 Stat. 559, 565, 574; Pub. L. 101–237, title IV, § 423(b)(8), Dec. 18, 1989, 103 Stat. 2093; renum- bered § 4103A and amended Pub. L. 102–83, §§ 2(c)(4), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 402, 406; Pub. L. 102–568, title V, §§ 501, 503, Oct. 29, 1992, 106 Stat. 4340; Pub. L. 103–446, title VII, § 701(b), Nov. 2, 1994, 108 Stat. 4674; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(29)(B), (f)(21)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–424, 2681–432; Pub. L. 105–368, title X, § 1004(a), Nov. 11, 1998, 112 Stat. 3364; Pub. L. 107–95, § 9(a), Dec. 21, 2001, 115 Stat. 920; Pub. L. 107–288, § 4(b)(1), Nov. 7, 2002, 116 Stat. 2043; Pub. L. 109–461, title VI, § 602(a), Dec. 22, 2006, 120 Stat. 3437; Pub. L. 112–56, title II, §§ 234(b), 241(a), Nov. 21, 2011, 125 Stat. 722, 728.) Editorial Notes AMENDMENTS 2011—Subsec. (a)(1). Pub. L. 112–56, § 234(b)(1), inserted ‘‘and facilitate placements’’ after ‘‘intensive services’’ in introductory provisions. Subsec. (a)(3). Pub. L. 112–56, § 234(b)(2), added par. (3). Subsec. (d). Pub. L. 112–56, § 241(a), added subsec. (d). 2006—Subsec. (c). Pub. L. 109–461 added subsec. (c). 2002—Pub. L. 107–288 amended section generally, sub- stituting subsecs. (a) and (b) for former subsecs. (a) to (c) relating to appointment, services and stationing, and functions of disabled veterans’ outreach program specialists. 2001—Subsec. (c)(11). Pub. L. 107–95 added par. (11). 1998—Subsec. (a)(1). Pub. L. 105–368, in first sentence, substituted ‘‘for each 7,400 veterans who are between the ages of 20 and 64 residing in such State.’’ for ‘‘for each 6,900 veterans residing in such State who are ei- ther veterans of the Vietnam era, veterans who first entered on active duty as a member of the Armed Forces after May 7, 1975, or disabled veterans.’’, in third sentence, struck out ‘‘of the Vietnam era’’ after ‘‘dis- abled veterans’’, and struck out after third sentence ‘‘If the Secretary finds that a qualified disabled veteran of the Vietnam era is not available for any such appoint- ment, preference for such appointment shall be given to other qualified disabled veterans.’’ Subsec. (c)(4). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(21)(B)], struck out ‘‘part C of title IV of the Job Training Partnership Act and’’ after ‘‘training pro- grams including’’. Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(29)(B)], sub- stituted ‘‘including part C of title IV of the Job Train- ing Partnership Act and title I of the Workforce Invest- ment Act of 1998’’ for ‘‘(including part C of title IV of the Job Training Partnership Act (29 U.S.C. 1501 et seq.))’’. 1994—Subsec. (a)(1). Pub. L. 103–446 substituted ‘‘rates comparable to those paid other professionals per- forming essentially similar duties’’ for ‘‘a rate not less than the rate prescribed for an entry level profes- sional’’. 1992—Subsec. (a)(1). Pub. L. 102–568, § 501, substituted ‘‘specialist for each 6,900 veterans residing in such