38 U.S.C. § 4106

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 4106 - Estimate of funds for administration; authorization of appropriations

(a) The Secretary shall estimate the funds necessary for the proper and efficient administration of this chapter and chapters 42 and 43 of this title. Such estimated sums shall include the annual amounts necessary for salaries, rents, printing and binding, travel, and communications. Sums thus estimated shall be included as a special item in the annual budget for the Department of Labor. Estimated funds necessary for proper intensive services, placement, and training services to eligible veterans and eligible persons provided by the various State public employment service agencies shall each be separately identified in the budgets of those agencies as approved by the Department of Labor. Funds estimated pursuant to the first sentence of this subsection shall include amounts necessary in all of the States for the purposes specified in paragraph (5) of section 4102A(b) of this title and to fund the National Veterans' Employment and Training Services Institute under section 4109 of this title and shall be approved by the Secretary only if the level of funding proposed is in compliance with such sections. Each budget submission with respect to such funds shall include a separate listing of the amount for the National Veterans' Employment and Training Services Institute together with information demonstrating the compliance of such budget submission with the funding requirements specified in the preceding sentence.

(b) There are authorized to be appropriated such sums as may be necessary for the proper and efficient administration of this chapter.

(c) In the event that the regular appropriations Act making appropriations for administrative expenses for the Department of Labor with respect to any fiscal year does not specify an amount for the purposes specified in subsection (b) of this section for that fiscal year, then of the amounts appropriated in such Act there shall be available only for the purposes specified in subsection (b) of this section such amount as was set forth in the budget estimate submitted pursuant to subsection (a) of this section.

(d) Any funds made available pursuant to subsections (b) and (c) of this section shall not be available for any purpose other than those specified in such subsections.

38 U.S.C. § 4106

Added Pub. L. 92-540, title V, §502(a), Oct. 24, 1972, 86 Stat. 1096, §2006; amended Pub. L. 93-508, title IV, §401(e), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94-502, title VI, §603, Oct. 15, 1976, 90 Stat. 2404; Pub. L. 97-306, title III, §306, Oct. 14, 1982, 96 Stat. 1440; Pub. L. 100-323, §§2(b), (c), (e) (2), 15(a)(2), May 20, 1988, 102 Stat. 558, 559, 574; renumbered §4106 and amended Pub. L. 102-83, §5(a), (c) (1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107-288, §§4(d)(1), Nov. 7, 2002, 5, Nov. 7, 2002, 116 Stat. 2044.

EDITORIAL NOTES

PRIOR PROVISIONSPrior section 4106, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1245; Pub. L. 89-785, title I, §106, Nov. 7, 1966, 80 Stat. 1369; Pub. L. 94-123, §5(c), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94-581, title I, §110(5), title II, §209(a)(1), (b)(1), Oct. 21, 1976, 90 Stat. 2848, 2860, 2861; Pub. L. 96-151, title III, §303, Dec. 20, 1979, 93 Stat. 1096; Pub. L. 98-160, title II, §203(a), Nov. 21, 1983, 97 Stat. 1000; Pub. L. 99-576, title VII, §701(86), Oct. 28, 1986, 100 Stat. 3298; Pub. L. 100-322, title II, §221, May 20, 1988, 102 Stat. 531; Pub. L. 101-237, title II, §203, Dec. 18, 1989, 103 Stat. 2067, related to period of appointment and promotions of persons appointed to 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 section 7403 of this title.Provisions similar to those comprising this section were contained in former section 2005 of this title prior to the amendment of this chapter by Pub. L. 92-540.

AMENDMENTS2002-Subsec. (a). Pub. L. 107-288, §5(a)(1)(C), substituted "proper intensive services" for "proper counseling". Pub. L. 107-288, §4(d)(1), amended last sentence generally. Prior to amendment, last sentence read as follows: "Each budget submission with respect to such funds shall include separate listings of the amount for the National Veterans' Employment and Training Services Institute and of the proposed numbers, by State, of disabled veterans' outreach program specialists appointed under section 4103A of this title and local veterans' employment representatives assigned under section 4104 of this title, together with information demonstrating the compliance of such budget submission with the funding requirements specified in the preceding sentence." 1991- Pub. L. 102-83, §5(a), renumbered section 2006 of this title as this section. Subsec. (a). Pub. L. 102-83, §5(c)(1), substituted "4102A(b)" for "2002A(b)", "4109" for "2009", "4103A" for "2003A", and "4104" for "2004".1988-Subsec. (a). Pub. L. 100-323, §15(a)(2), struck out "of Labor" after "Secretary" in first and fifth sentences. Pub. L. 100-323, §2(b), (e) (2), substituted "in all of the States for the purposes specified in paragraph (5) of section 2002A(b) of this title and to fund the National Veterans' Employment and Training Services Institute under section 2009" for "to fund the disabled veterans' outreach program under section 2003A" and "with such sections" for "with such section" in fifth sentence, inserted after fifth sentence "Each budget submission with respect to such funds shall include separate listings of the amount for the National Veterans' Employment and Training Services Institute and of the proposed numbers, by State, of disabled veterans' outreach program specialists appointed under section 2003A of this title and local veterans' employment representatives assigned under section 2004 of this title, together with information demonstrating the compliance of such budget submission with the funding requirements specified in the preceding sentence.", and struck out at end "Each budget submission with respect to such funds shall include a separate listing of the proposed number, by State, for disabled veterans outreach program specialists appointed under such section. The Secretary shall carry out this subsection through the Assistant Secretary for Veterans' Employment."Subsec. (d). Pub. L. 100-323, §2(c), struck out ",except with the approval of the Secretary of Labor, upon the recommendation of the Assistant Secretary of Labor for Veterans' Employment, based on a demonstrated lack of need for such funds for such purposes" after "in such subsections". 1982-Subsec. (a). Pub. L. 97-306, §306(a), inserted "and chapters 42 and 43 of this title" after "administration of this chapter", and inserted provisions at end relating to the inclusion in estimated necessary funds of amounts necessary to fund the disabled veterans' outreach program, inclusion in budgets of the proposed number for program specialists, and the carrying out of this subsection through the Assistant Secretary for Veterans' Employment.Subsec. (d). Pub. L. 97-306, §306(b), inserted ",upon the recommendation of the Assistant Secretary of Labor for Veterans' Employment," after "Secretary of Labor". 1976-Subsec. (a). Pub. L. 94-502 substituted "agencies shall each be" for "agencies shall be". 1974-Subsec. (a). Pub. L. 93-508 substituted "training services to eligible veterans and eligible persons" for "training services to veterans".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-288, §4(d)(2), Nov. 7, 2002, 116 Stat. 2044, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 7, 2002], and apply to budget submissions for fiscal year 2004 and each subsequent fiscal year."

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 DATESection 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.