§4103. Directors and Assistant Directors for Veterans' Employment and Training

(a) The Secretary shall assign to each State a representative of the Veterans' Employment Service to serve as the Director for Veterans' Employment and Training, and shall assign full-time Federal clerical or other support personnel to each such Director. The Secretary shall also assign to each State one Assistant Director for Veterans' Employment and Training per each 250,000 veterans and eligible persons of the State veterans population and such additional Assistant Directors for Veterans' Employment and Training as the Secretary shall determine, based on the data collected pursuant to section 4107 of this title, to be necessary to assist the Director for Veterans' Employment and Training to carry out effectively in that State the purposes of this chapter. 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 governing appointments in the competitive service and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5.

(b)(1)(A) Each Director for Veterans' Employment and Training and Assistant Director for Veterans' Employment and Training (i) shall, except as provided in subparagraph (B) of this paragraph, be a qualified veteran who at the time of appointment has been a bona fide resident of the State for at least two years, and (ii) shall be appointed in accordance with the provisions of title 5 governing appointments in the competitive service and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5.

(B) If, in appointing a Director or Assistant Director for any State under this section, the Secretary determines that there is no qualified veteran available who meets the residency requirement in subparagraph (A)(i), the Secretary may appoint as such Director or Assistant Director any qualified veteran.

(2) Each Director for Veterans' Employment and Training and Assistant Director for Veterans' Employment and Training shall be attached to the public employment service system of the State to which they are assigned. They shall be administratively responsible to the Secretary for the execution of the veterans' and eligible persons' counseling and placement policies of the Secretary through the public employment service system and in cooperation with other employment and training programs administered by the Secretary, by grantees of Federal or federally funded employment and training programs in the State, or directly by the State.

(c) In cooperation with the staff of the public employment service system and the staffs of each such other program in the State, the Director for Veterans' Employment and Training and Assistant Directors for Veterans' Employment and Training shall-

(1)(A) functionally supervise the provision of services to eligible veterans and eligible persons by such system and such program and their staffs, and (B) be functionally responsible for the supervision of the registration of eligible veterans and eligible persons in local employment offices for suitable types of employment and training and for counseling and placement of eligible veterans and eligible persons in employment and job training programs, including the program conducted under the Veterans' Job Training Act (Public Law 98–77; 29 U.S.C. 1721 note);

(2) engage in job development and job advancement activities for eligible veterans and eligible persons, including maximum coordination with appropriate officials of the Department of Veterans Affairs in that agency's carrying out of its responsibilities under subchapter II of chapter 77 of this title and in the conduct of job fairs, job marts, and other special programs to match eligible veterans and eligible persons with appropriate job and job training opportunities and otherwise to promote the employment of eligible veterans and eligible persons;

(3) assist in securing and maintaining current information as to the various types of available employment and training opportunities, including maximum use of electronic data processing and telecommunications systems and the matching of an eligible veteran's or an eligible person's particular qualifications with an available job or on-job training or apprenticeship opportunity which is commensurate with those qualifications;

(4) promote the interest of employers and labor unions in employing eligible veterans and eligible persons and in conducting on-job training and apprenticeship programs for such veterans and persons;

(5) maintain regular contact with employers, labor unions, training programs and veterans' organizations with a view to keeping them advised of eligible veterans and eligible persons available for employment and training and to keeping eligible veterans and eligible persons advised of opportunities for employment and training;

(6) promote and facilitate the participation of veterans in Federal and federally funded employment and training programs and directly monitor the implementation and operation of such programs to ensure that eligible veterans, veterans of the Vietnam era, disabled veterans, and eligible persons receive such priority or other special consideration in the provision of services as is required by law or regulation;

(7) assist in every possible way in improving working conditions and the advancement of employment of eligible veterans and eligible persons;

(8) supervise the listing of jobs and subsequent referrals of qualified veterans as required by section 4212 of this title;

(9) be responsible for ensuring that complaints of discrimination filed under such section are resolved in a timely fashion;

(10) working closely with appropriate Department of Veterans Affairs personnel engaged in providing counseling or rehabilitation services under chapter 31 of this title, cooperate with employers to identify disabled veterans who have completed or are participating in a vocational rehabilitation training program under such chapter and who are in need of employment;

(11) cooperate with the staff of programs operated under section 1712A of this title in identifying and assisting veterans who have readjustment problems and who may need employment placement assistance or vocational training assistance;

(12) when requested by a Federal or State agency or a private employer, assist such agency or employer in identifying and acquiring prosthetic and sensory aids and devices which tend to enhance the employability of disabled veterans;

(13) monitor the implementation of Federal laws requiring veterans preference in employment and job advancement opportunities within the Federal Government and report to the Office of Personnel Management or other appropriate agency, for enforcement or other remedial action, any evidence of failure to provide such preference or to provide priority or other special consideration in the provision of services to veterans as is required by law or regulation;

(14) monitor, through disabled veterans' outreach program specialists and local veterans' employment representatives, the listing of vacant positions with State employment agencies by Federal agencies, and report to the Office of Personnel Management or other appropriate agency, for enforcement or other remedial action, any evidence of failure to provide priority or other special consideration in the provision of services to veterans as is required by law or regulation; and

(15)(A) not less frequently than annually, conduct, subject to subclause (B) of this clause, an evaluation at each local employment office of the services provided to eligible veterans and eligible persons and make recommendations for corrective action as appropriate; and

(B) carry out such evaluations in the following order of priority: (I) offices that demonstrated less than satisfactory performance during either of the two previous program years, (II) offices with the largest number of veterans registered during the previous program year, and (III) other offices as resources permit.

( 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 ; renumbered §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 .)

References in Text

The provisions of title 5 governing appointments in the competitive service, referred to in subsecs. (a) and (b)(1), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.

The Veterans' Job Training Act, referred to in subsec. (c)(1), is Pub. L. 98–77, Aug. 15, 1983, 97 Stat. 443 , as amended, which is set out as a note under section 1721 of Title 29, Labor. For complete classification of this Act to the Code, see Tables.

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

1996-Subsec. (a). Pub. L. 104–275 substituted "full-time Federal clerical or other support personnel" for "full-time Federal clerical support" in first sentence and "Full-time Federal clerical or other support personnel" for "Full-time Federal clerical support personnel" in third sentence.

1994-Subsec. (c)(2). Pub. L. 103–446 substituted "subchapter 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' Administration".

1988-Pub. L. 100–323, §15(c)(3)(A), substituted "Directors 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 Director for Veterans' Employment" in two places, "Assistant Director for Veterans' Employment and Training" for "Assistant State Director for Veterans' Employment", "Assistant Directors for Veterans' Employment and Training" for "Assistant State Directors for Veterans' Employment", and "Directors for Veterans' Employment and Training" for "State Directors for Veterans' 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 "Assistant Director for Veterans' Employment and Training" for "Assistant State Director for Veterans' Employment".

Pub. L. 100–323, §5(1)–(3), designated existing provisions as subpar. (A), redesignated former cls. (A) and (B) as (i) and (ii), respectively, and substituted ", except as provided in subparagraph (B) of this paragraph, be a qualified veteran" for "be an eligible veteran" 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 "Assistant Director for Veterans' Employment and Training" for "Assistant State Director for Veterans' Employment".

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 "Director for Veterans' Employment and Training" for "State Director for Veterans' Employment" and "Assistant Directors for Veterans' Employment and Training" for "Assistant State Directors for Veterans' Employment".

Subsec. (c)(1). Pub. L. 100–323, §7(a)(1), inserted "(A) functionally supervise the provision of services to eligible veterans and eligible persons by such system and such program and their staffs, and (B)" after "(1)" and ", including the program conducted under the Veterans' 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 veterans 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 veterans' 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 "chapter 51 of".

Subsec. (c)(6). Pub. L. 97–306, §304(b), substituted provision of cl. (6) that the Director and Assistant Director promote and facilitate the participation of veterans in Federal and federally funded employment and training programs and directly monitor the implementation and operation of such programs to ensure that eligible veterans, veterans of the Vietnam era, disabled veterans, 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 Comprehensive Employment and Training Act programs and monitor the implementation and operation of Comprehensive Employment and Training Act programs to assure that eligible veterans, disabled veterans, and veterans of the Vietnam era receive special consideration 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) inserted "(and shall assign full-time clerical support to each such representative)" after "to serve as the veterans' employment representative", struck out ", United States Code," after "title 5", substituted "employment and training programs" for "manpower and training programs", inserted "system" after "public 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 representative's" for "his", "administered by the Secretary or by prime sponsors under the Comprehensive Employment and Training Act" for "administered by the Secretary", 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 persons' counseling and placement policies" for "Secretary'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 veteran'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 representatives for provisions relating to the assignment of employees of local offices. See section 2004 of this title.

1966-Pub. L. 89–358 inserted "or of service after January 31, 1955" after "veterans of any war".

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 sections 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.

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 effective 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 Effective 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.

Section Referred to in Other Sections

This section is referred to in sections 4102A, 4103A of this title; title 42 section 1101.