38 USC 4107 - Administrative controls; annual report

1 See References in Text note below.

of the Workforce Investment Act of 1998) for each of the categories of veterans and persons described in paragraph (1) of this subsection with such rate of entered employment (as so determined) for nonveterans of the same age groups registered for assistance with the public employment system in each State;

Editorial Notes

References in Text

Section 136(span) of the Workforce Investment Act of 1998, referred to in subsec. (c)(2), was classified to section 2871(span) of Title 29, Labor, prior to repeal by Puspan. L. 113–128, title V, § 511(a), July 22, 2014, 128 Stat. 1705, effective July 1, 2015. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Puspan. L. 113–128, July 22, 2014, 128 Stat. 1425. For corresponding provision, see section 116 of Puspan. L. 113–128, which is classified to section 3141 of Title 29.

Prior Provisions

Prior section 4107, Puspan. L. 85–857, Sept. 2, 1958, 72 Stat. 1245; Puspan. L. 86–568, title I, § 114(f), July 1, 1960, 74 Stat. 301; Puspan. L. 87–793, § 802, Oct. 11, 1962, 76 Stat. 860; Puspan. L. 88–426, title I, § 118, Aug. 14, 1964, 78 Stat. 410; Puspan. L. 89–301, § 7, Oct. 29, 1965, 79 Stat. 1117; Puspan. L. 89–504, title I, § 105, July 18, 1966, 80 Stat. 291; Puspan. L. 89–785, title I, § 107(a), Nov. 7, 1966, 80 Stat. 1370; Puspan. L. 90–206, title II, § 208, Dec. 16, 1967, 81 Stat. 631; Puspan. L. 91–496, § 2, Oct. 22, 1970, 84 Stat. 1092; Puspan. L. 93–82, title II, § 203, Aug. 2, 1973, 87 Stat. 188; Puspan. L. 94–123, §§ 2(span), 5(d), Oct. 22, 1975, 89 Stat. 669, 675; Puspan. L. 94–581, title I, § 110(6), title II, §§ 209(a)(1), (2), (span)(2), (c)(3), 210(c)(4), Oct. 21, 1976, 90 Stat. 2848, 2860, 2861, 2863; Puspan. L. 95–201, § 5(a)(1), (2), Nov. 23, 1977, 91 Stat. 1432; Puspan. L. 96–22, title V, § 504, June 13, 1979, 93 Stat. 65; Puspan. L. 96–330, title I, §§ 105(c), 111, 112, Aug. 26, 1980, 94 Stat. 1036, 1037; Puspan. L. 96–385, title V, § 508(a), Oct. 7, 1980, 94 Stat. 1538; Puspan. L. 97–251, § 2(a)–(c), Sept. 8, 1982, 96 Stat. 711, 712; Puspan. L. 97–295, § 4(82), Oct. 12, 1982, 96 Stat. 1311; Puspan. L. 98–160, title II, § 204, Nov. 21, 1983, 97 Stat. 1001; Puspan. L. 98–528, title I, §§ 101(span), 109, Oct. 19, 1984, 98 Stat. 2688, 2691; Puspan. L. 99–576, title VII, § 701(87), Oct. 28, 1986, 100 Stat. 3299; Puspan. L. 100–322, title II, §§ 211(span), 212(span), 213, 214(a), (span), 217, May 20, 1988, 102 Stat. 514, 516, 530; Puspan. L. 100–687, div. B, title XV, § 1506(span)(2), Nov. 18, 1988, 102 Stat. 4136; Puspan. L. 101–237, title II, §§ 204, 205(a), Dec. 18, 1989, 103 Stat. 2067; Puspan. L. 101–366, title I, §§ 101(c), 102(c), 103, Aug. 15, 1990, 104 Stat. 430, 436, 437, related to grades and pay scales of positions in Department of Medicine and Surgery, prior to repeal by Puspan. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See sections 7404, 7426, and 7453 to 7457 of this title.

Amendments

2011—Subsec. (c)(2). Puspan. L. 112–56, § 238(1), substituted “paragraph (1)” for “clause (1)”.

Subsec. (c)(7). Puspan. L. 112–56, § 238(2)–(4), added par. (7).

2002—Subsec. (a)(1). Puspan. L. 107–288, § 5(a)(1)(D), substituted “intensive services” for “employment counseling services”.

Subsec. (span). Puspan. L. 107–288, § 5(d)(1)(E), inserted second and third sentences and struck out former second sentence which read as follows: “A full report as to the extent and reasons for any noncompliance by any such State agency during any fiscal year, together with the agency’s plan for corrective action during the succeeding year, shall be included in the annual report of the Secretary required by subsection (c) of this section.”

Puspan. L. 107–288, § 4(a)(3)(B), substituted “The Secretary shall apply performance standards established under section 4102A(f) of this title” for “The Secretary shall establish definitive performance standards”.

Subsec. (c)(1). Puspan. L. 107–288, § 5(d)(1)(A), struck out “veterans of the Vietnam era,” before “disabled veterans, special” and substituted “eligible persons, recently separated veterans (as defined in section 4211(6) of this title), and servicemembers transitioning to civilian careers who registered for assistance with, or who are identified as veterans by,” for “and eligible persons who registered for assistance with”.

Puspan. L. 107–288, § 5(a)(1)(E), substituted “the number who received intensive services” for “the number counseled”.

Subsec. (c)(2). Puspan. L. 107–288, § 5(d)(1)(B), substituted “the rate of entered employment (as determined in a manner consistent with State performance measures applicable under section 136(span) of the Workforce Investment Act of 1998) for each of the categories” for “the jospan placement rate for each of the categories” and “such rate of entered employment (as so determined) for nonveterans” for “the jospan placement rate for nonveterans”.

Subsec. (c)(4). Puspan. L. 107–288, § 5(d)(1)(C), substituted “section 4212(d)” for “sections 4103A and 4104”.

Subsec. (c)(5). Puspan. L. 107–288, § 4(e)(1), struck out “(including the need for any changes in the formulas governing the appointment of disabled veterans’ outreach program specialists under section 4103A(a)(2) of this title and the assignment of local veterans’ employment representatives under section 4104(span) of this title and the allocation of funds for the support of such specialists and representatives)” after “further legislative action”.

Subsec. (c)(6). Puspan. L. 107–288, § 5(d)(1)(D), added par. (6).

1991—Puspan. L. 102–83, § 5(a), renumbered section 2007 of this title as this section.

Subsec. (c)(3) to (5). Puspan. L. 102–83, § 5(c)(1), substituted “4106” for “2006” in par. (3), “4103A and 4104” for “2003A and 2004” in par. (4), and “4102A(span)” for “2002A(span)”, “4103A(a)(2)” for “2003A(a)(2)”, and “4104(span)” for “2004(span)” in par. (5).

1988—Subsecs. (a), (span). Puspan. L. 100–323, § 15(a)(2), struck out “of Labor” after “Secretary” in four places.

Subsec. (c). Puspan. L. 100–323, § 2(d), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “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 employment service system and, of each of such categories, the number referred to jobs, the number placed in permanent jobs as defined by the Secretary, the number referred to and the number placed in employment and jospan training programs supported by the Federal Government, the number counseled, and the number who received some reportable service. The report shall also include any determination by the Secretary under section 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). Puspan. 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). Puspan. 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). Puspan. L. 96–466, § 507(2), substituted provisions that the report 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 employment service system and, of each of such categories, the number referred to jobs, the number placed in permanent jobs, the number referred to and the number placed in employment and jospan training programs supported by the Federal Government, the number counseled, and the number who received some reportable service for provisions that the report include, by State, the number of recently discharged or released eligible veterans, veterans with service-connected 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 jospan training opportunities or who were otherwise assisted, with separate reference to occupational training and public service employment under appropriate Federal law.

1977—Subsec. (c). Puspan. L. 95–202 directed that “2004” be substituted for “2001”. Since subsec. (c) already contained a reference to “2004” not “2001”, the amendment has been carried as a reenactment of subsec. (c) without change.

1976—Subsec. (a)(1). Puspan. L. 94–502, § 604(1), substituted “such veteran’s and eligible person’s” for “his”.

Subsec. (c). Puspan. L. 94–502, § 604(2), (3), substituted “occupational training and public service employment” for “occupational training” and “section 2004, 2006, or 2007(a)” for “section 2004 or 2006”.

1974—Subsec. (a)(1). Puspan. L. 93–508, § 401(f)(1), substituted “active duty and each eligible person” for “active duty”.

Subsec. (span). Puspan. L. 93–508, § 401(f)(2), added subsec. (span) and redesignated former subsec. (span) as (c).

Subsec. (c). Puspan. L. 93–508, § 401(f)(2), (3), redesignated former subsec. (span) 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 Puspan. 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 Puspan. L. 107–288, set out as a note under section 4102A of this title.

Puspan. 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 program years beginning on or after July 1, 2003.”

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–466 effective Oct. 1, 1980, see section 802(e) of Puspan. L. 96–466, set out as a note under section 4101 of this title.

Effective Date of 1977 Amendment

Amendment by Puspan. L. 95–202 effective Nov. 23, 1977, see section 501 of Puspan. L. 95–202, set out as a note under section 101 of this title.

Effective Date of 1976 Amendment

Amendment by Puspan. L. 94–502 effective Dec. 1, 1976, see section 703(c) of Puspan. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Effective Date of 1974 Amendment

Amendment by Puspan. L. 93–508 effective Dec. 3, 1974, see section 503 of Puspan. 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 section 601(span) of Puspan. 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

Puspan. 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 relating 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 publishes 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 applies, 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.

“(span) For the purposes of this section, veterans who during the Vietnam era served in Vietnam, in air missions 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.”

[Puspan. L. 96–466, title VIII, § 802(e), Oct. 17, 1980, 94 Stat. 2218, provided in part that the provisions of section 513 of Puspan. L. 96–466, set out above, shall become effective on Oct. 1, 1980.]