US Code

Public Law 119-88 (05/04/2026)

38 U.S.C. § 4104

Local veterans’ employment representatives

(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 veterans’ employment representatives as the State determines appropriate and efficient to carry out employment, training, and placement services 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 employment, including conducting seminars for employers and, in conjunction with employers, conducting job search workshops and establishing 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 maximum extent practicable, employ qualified veterans or eligible persons to carry out the services 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 persons.
(d)

Part-Time Employees .—

A part-time local veterans’ employment representative shall perform the functions of a local veterans’ employment representative under this section on a half-time basis.
(e)

Additional Requirements for Full-time Employees .—

(1)
A full-time local veterans’ employment representative shall perform only duties 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)
section 4102A(b)(5) of this title The Secretary shall conduct regular audits to ensure compliance with paragraph (1). If, on the basis of such an audit, the Secretary determines that a State is not in compliance with paragraph (1), the Secretary may reduce the amount of a grant made to the State under .
(f)

Reporting .—

Each local veterans’ employment representative shall be administratively responsible to the manager of the employment service delivery system and shall provide reports, 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. 85–85772 Stat. 1219 Pub. L. 87–675, § 1(a)76 Stat. 558 Pub. L. 89–358, § 6(c)(1)80 Stat. 27 Pub. L. 92–540, title V, § 502(a)86 Stat. 1095 Pub. L. 94–502, title VI, § 606(2)90 Stat. 2405 Pub. L. 100–323, § 3(a)102 Stat. 560 Pub. L. 101–237, title IV, § 423(b)(8)(B)103 Stat. 2093 Pub. L. 102–16, § 10(a)(8)105 Stat. 56 Pub. L. 102–83, § 5(a)105 Stat. 406 Pub. L. 107–14, § 8(a)(10)115 Stat. 35 Pub. L. 107–95, § 9(b)115 Stat. 920 Pub. L. 107–288, § 4(b)(2)116 Stat. 2043 Pub. L. 109–461, title VI, § 602(b)120 Stat. 3437 Pub. L. 112–56, title II, § 241(b)125 Stat. 728 (, , , § 2013; renumbered § 2004, , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; renumbered § 4104 and amended , (c)(1), , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Prior Provisions

Pub. L. 85–85772 Stat. 1244 Pub. L. 89–785, title I, § 10480 Stat. 1369 Pub. L. 94–123, § 5(a)89 Stat. 675 Pub. L. 94–581, title I, § 110(3)90 Stat. 2848 Pub. L. 96–151, title III, § 302(a)93 Stat. 1096 Pub. L. 98–160, title II, § 20197 Stat. 1000 Pub. L. 98–528, title I, § 10898 Stat. 2690 Pub. L. 100–322, title II, § 211(a)102 Stat. 513 Pub. L. 101–366, title I, § 102(a)104 Stat. 430 Pub. L. 102–40, title IV, § 401(a)(3)105 Stat. 210 section 7401 of this titlePrior section 4104, , , ; , , ; , , ; , title II, §§ 209(a)(1), (2), 210(c)(3), , , 2860, 2863; , , ; , , ; , , ; , , ; , , , related to appointment of additional personnel for medical care of veterans, prior to repeal by , , . See .

section 2003 of this titlePub. L. 92–540Provisions similar to those comprising this section were contained in former prior to the amendment of this chapter by .

Amendments

Pub. L. 112–562011—Subsecs. (e), (f). added subsec. (e) and redesignated former subsec. (e) as (f).

Pub. L. 109–4612006—Subsecs. (d), (e). added subsec. (d) and redesignated former subsec. (d) as (e).

Pub. L. 107–2882002— amended text generally, substituting subsecs. (a) to (d) for former subsecs. (a) to (c) relating to appointment, functions, and reporting requirements of local veterans’ employment representatives.

Pub. L. 107–14, § 8(a)(10)(A)(i)2001—Subsec. (a)(1). , substituted “For any fiscal year,” for “Beginning with fiscal year 1988,” in introductory provisions.

Pub. L. 107–14, § 8(a)(10)(A)(ii)Subsec. (a)(1)(B). , substituted “subparagraph (A)” for “clause (A)”.

Pub. L. 107–14, § 8(a)(10)(A)(iii)Subsec. (a)(1)(C). , substituted “subparagraphs (A) and (B)” for “clauses (A) and (B)”.

Pub. L. 107–14, § 8(a)(10)(B)Subsec. (a)(4). , struck out “on or after ” after “local veterans’ employment representatives”.

Pub. L. 107–14, § 8(a)(10)(C)(i)Subsec. (b). , substituted “shall perform the following functions:” for “shall—” in introductory provisions.

Pub. L. 107–14, § 8(a)(10)(C)(ii)Subsec. (b)(1) to (10). , (iii), capitalized the first letter of the first word and substituted a period for the semicolon at end.

Pub. L. 107–95, § 9(b)(1)Pub. L. 107–14, § 8(a)(10)(C)(iv)Subsec. (b)(11). , which directed that “and” be struck out at end, could not be executed because of the intervening amendment by . 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.

Pub. L. 107–95, § 9(b)(2)Subsec. (b)(12). , substituted “; and” for period at end.

Pub. L. 107–14, § 8(a)(10)(C)(ii), capitalized the first letter of the first word.

Pub. L. 107–95, § 9(b)(3)Subsec. (b)(13). , added par. (13).

Pub. L. 102–83, § 5(a)section 2004 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a)(1). , substituted “4102A(b)(5)(A)(ii)” for “2002A(b)(5)(A)(ii)” in introductory provisions.

Pub. L. 102–16, § 10(a)(8)(A), (B), substituted “appointment” for “assignment” in two places in introductory provisions and in subpar. (C).

Pub. L. 102–16, § 10(a)(8)(C)Subsec. (a)(4). , substituted “appointment” for “assigning”.

Pub. L. 102–83, § 5(c)(1)Subsec. (b)(6). , substituted “4212” for “2012”.

Pub. L. 102–83, § 5(c)(1)Subsec. (b)(10). , substituted “1712A” for “612A”.

Pub. L. 102–16, § 10(a)(8)(D)Subsec. (d). , struck out subsec. (d) which read as follows: “Local veterans’ employment representatives shall be assigned, in accordance with this section, by the administrative head of the employment service in each State after consultation with the Director for Veterans’ Employment and Training.”

Pub. L. 101–2371989—Subsec. (b)(7). substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Pub. L. 100–3231988— substituted “Local veterans’ employment representatives” for “Employees of local offices” as section catchline and amended section generally. 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 offices, whose services shall be fully devoted to discharging the duties prescribed for the veterans’ employment representative and such representative’s assistants.”

Pub. L. 94–5021976— substituted “eligible veterans or eligible persons” for “eligible veterans” and “such representative’s” for “his”.

Pub. L. 92–540section 2005 of this title1972— substituted provisions relating to the assignment of employees of local offices for provisions relating to the cooperation of other Federal agencies. See .

Pub. L. 89–3581966— inserted “or of service after ” after “veterans of any war”.

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–461section 602(c) of Pub. L. 109–461section 4103A of this titleSubsec. (d) of this section as amended by applicable with respect to pay periods beginning after the date that is 180 days after , see , set out as a note under .

Effective Date of 2002 Amendment

Pub. L. 107–288section 4(b)(3) of Pub. L. 107–288section 4103A of this titleAmendment by effective , and applicable for program years under this chapter beginning on or after such date, see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–323Pub. L. 100–323section 3104 of this titleAmendment by effective , 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 , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–502section 703(c) of Pub. L. 94–502section 3693 of this titleAmendment by effective , see , set out as an Effective Date note under .

Effective Date of 1972 Amendment

Pub. L. 92–540section 601(b) of Pub. L. 92–540section 4101 of this titleAmendment by effective 90 days after , see , set out as a note under .

Pilot Program To Integrate and Streamline Functions of Local Veterans’ Employment Representatives

Pub. L. 104–275, title III, § 303110 Stat. 3332 Pub. L. 105–368, title X, § 1005(c)(1)112 Stat. 3366

“(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 representatives, 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 conjunction with the authority of this section, to carry out the pilot program. The Secretary may collect such data as the Secretary considers necessary for assessment of the pilot program. The Secretary shall measure 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 structure 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, economically disadvantaged veterans, and veterans separated within the previous four years from active military, 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 accordance with priorities determined by the Secretary of Labor in consultation with appropriate State labor authorities.
“(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 [], 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’ Affairs 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)
section 101(2) of title 38 The term ‘veteran’ has the meaning given such term by , 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 .—

section 4102A(b)(5) of title 38Any amount otherwise available for fiscal year 1997, 1998, or 1999 to carry out , 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 respect to that State.
“(h)

Expiration Date .—

The authority to carry out the pilot program under this section shall expire on .”
, , , as amended by , , , provided that: