§4107. Administrative controls; annual report

(a) The Secretary shall establish administrative controls for the following purposes:

(1) To insure that each eligible veteran, especially veterans of the Vietnam era and disabled veterans, and each eligible person who requests assistance under this chapter shall promptly be placed in a satisfactory job or job training opportunity or receive some other specific form of assistance designed to enhance such veteran's and eligible person's employment prospects substantially, such as individual job development or employment counseling services.

(2) To determine whether or not the employment service agencies in each State have committed the necessary staff to insure that the provisions of this chapter are carried out; and to arrange for necessary corrective action where staff resources have been determined by the Secretary to be inadequate.

(b) The Secretary shall establish definitive performance standards for determining compliance by the State public employment service agencies with the provisions of this chapter and chapter 42 of this title. 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.

(c) Not later than February 1 of each year, the Secretary shall report to the Committees on Veterans' Affairs of the Senate and the House of Representatives on the success during the preceding program year of the Department of Labor and its affiliated State employment service agencies in carrying out the provisions of this chapter and programs for the provision of employment and training services to meet the needs of eligible veterans and eligible persons. The report shall include-

(1) specification, by State and by age group, 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, for each of such categories, the numbers referred to and placed in permanent and other jobs, the numbers referred to and placed in jobs and job training programs supported by the Federal Government, the number counseled, and the number who received some, and the number who received no, reportable service;

(2) a comparison of the job placement rate for each of the categories of veterans and persons described in clause (1) of this subsection with the job placement rate for nonveterans of the same age groups registered for assistance with the public employment system in each State;

(3) any determination made by the Secretary during the preceding fiscal year under section 4106 of this title or subsection (a)(2) of this section and a statement of the reasons for such determination;

(4) a report on activities carried out during the preceding program year under sections 4103A and 4104 of this title; and

(5) a report on the operation during the preceding program year of programs for the provision of employment and training services designed to meet the needs of eligible veterans and eligible persons, including an evaluation of the effectiveness of such programs during such program year in meeting the requirements of section 4102A(b) of this title, the efficiency with which services were provided through such programs during such year, and such recommendations for further legislative action (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(b) of this title and the allocation of funds for the support of such specialists and representatives) relating to veterans' employment and training as the Secretary considers appropriate.

(Added Pub. L. 92–540, title V, §502(a), Oct. 24, 1972, 86 Stat. 1096 , §2007; amended Pub. L. 93–508, title IV, §401(f), Dec. 3, 1974, 88 Stat. 1592 ; Pub. L. 94–502, title VI, §604, Oct. 15, 1976, 90 Stat. 2404 ; Pub. L. 95–202, title III, §309(b), Nov. 23, 1977, 91 Stat. 1446 ; Pub. L. 96–466, title V, §507, Oct. 17, 1980, 94 Stat. 2205 ; Pub. L. 97–306, title III, §307, Oct. 14, 1982, 96 Stat. 1440 ; Pub. L. 100–323, §§2(d), 15(a)(2), May 20, 1988, 102 Stat. 558 , 574; renumbered §4107 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406 .)

Prior Provisions

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

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

Subsec. (c)(3) to (5). Pub. 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(b)" for "2002A(b)", "4103A(a)(2)" for "2003A(a)(2)", and "4104(b)" for "2004(b)" in par. (5).

1988-Subsecs. (a), (b). Pub. L. 100–323, §15(a)(2), struck out "of Labor" after "Secretary" in four places.

Subsec. (c). Pub. 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 job 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). Pub. 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). Pub. 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). Pub. 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 job 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 job training opportunities or who were otherwise assisted, with separate reference to occupational training and public service employment under appropriate Federal law.

1977-Subsec. (c). Pub. 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). Pub. L. 94–502, §604(1), substituted "such veteran's and eligible person's" for "his".

Subsec. (c). Pub. 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). Pub. L. 93–508, §401(f)(1), substituted "active duty and each eligible person" for "active duty".

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

Subsec. (c). Pub. L. 93–508, §401(f)(2), (3), redesignated former subsec. (b) as (c) and substituted "other eligible veterans, and eligible persons" for "and other eligible veterans".

Effective Date of 1980 Amendment

Amendment by 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.

Effective Date of 1977 Amendment

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

Section effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. 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

Section 513 of Pub. L. 96–466 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.

"(b) 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."

Section 802(e) of Pub. L. 96–466 provided in part that the provisions of section 513 shall become effective on Oct. 1, 1980.

Section Referred to in Other Sections

This section is referred to in sections 4103, 4212 of this title.