program in the State, the veterans' employment representative and his assistants shall

(1) be functionally responsible for the supervision of the registration of eligible veterans in local employment offices for suitable types of employment and training and for counseling and placement of eligible veterans in employment and job training programs;

(2) engage in job development and job advancement activities for eligible veterans, including maximum coordination with appropriate officials of the Veterans' Administration in that agency's carrying out of its responsibilities under subchapter IV of chapter 3 of this title and in the conduct of job fairs, job marts, and other special programs to match eligible veterans with appropriate job and job training opportunities;

(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 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 in conducting on-job training and apprenticeship programs for such veterans;

(5) maintain regular contact with employers, labor unions, training programs and veterans' organizations with a view to keeping them advised of eligible veterans available for employment and training and to keeping eligible veterans advised of opportunities for employment and training; and (6) assist in every possible way in improving working conditions and the advancement of employment of eligible veterans.

(As amended Pub. L. 92-540, title V, § 502 (a), Oct. 24, 1972, 86 Stat. 1094.)

CODIFICATION

Provisions siimlar 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

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.

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 2001 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 29 section 871.

§ 2004. Employees of local offices.

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, 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 his assistants. (As amended Pub. L. 92-540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1094.)

CODIFICATION

Provisions similar to those comprising this section were contained in section 2003 of this title prior to the amendment of this chapter by Pub. L. 92-540.

AMENDMENTS

1972-Pub. L. 92-540 substituted provisions relating to the assignment of employees of local offices, for provisions relating to the cooperation of other Federal agencies. See section 2005 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 2001 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2007 of this title.

§ 2005. Cooperation of Federal agencies.

All Federal agencies shall furnish the Secretary of Labor such records, statistics, or information as he may deem necessary or appropriate in administering the provisions of this chapter, and shall otherwise cooperate with the Secretary in providing continuous employment and training opportunities for eligible veterans. (As amended Pub. L. 92-540, title V, § 502 (a), Oct. 24, 1972, 86 Stat. 1094.)

CODIFICATION

Provisions similar to those comprising this section were contained in section 2004 of this title prior to the amendment of this chapter by Pub. L. 92-540.

AMENDMENTS

1972-Pub. L. 92-540 substituted provisions relating to the cooperation of other Federal agencies, for provisions relating to the estimation of funds for administration. See section 2006 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 2001 of this title.

§ 2006. Estimate of funds for administration; authorization of appropriations.

(a) The Secreary of Labor shall estimate the funds necessary for the proper and efficient administration of this chapter. 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 counseling, placement, and training services to veterans provided by the various State public employment service agencies shall be separately identified in the budgets of those agencies as approved by the Department of Labor.

(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, except with the approval of the Secretary of Labor based on a demonstrated lack of need for such funds for such purposes. (Added Pub. L. 92-540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1094.)

CODIFICATION

Provisions similar to those comprising this section were contained in section 2005 of this title prior to the amendment of this chapter by Pub. L. 92-540.

PRIOR PROVISIONS

A prior section 2006, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1219, which authorized the Secretary to make rules and regulations necessary to carry out the provisions of the chapter, and required him to consult with representatives of the State unemployment compensation agencies before prescribing any rules which could affect the performance of such agencies, was repealed by Pub. L. 87-675, § 1(a), Sept. 19, 1962, 76 Stat. 558.

EFFECTIVE DATE

Section effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92-540, set out as a note under section 2001 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2007 of this title.

§ 2007. Administrative controls; annual report.

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

(1) To insure that each eligible veteran, especially those veterans who have been recently discharged or released from active duty, 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 his 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 of Labor to be inadequate.

(b) 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, the number of recently discharged or released eligible veterans, veterans with service-connected disabilities, and other eligible veterans who request 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 under appropriate Federal law. The report shall also include any determination by the Secretary under section 2004 or 2006 of this title and a statement of the reasons for such determination.

(Added Pub. L. 92-540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1094.)

PRIOR PROVISIONS

A prior section 2007, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1220; Pub. L. 86-70, § 29 (b), June 25, 1959, 73 Stat. 148; Pub. L. 86-624, § 25(c), July 12, 1960, 74 Stat. 418, which defined "Korean conflict veterans", "unemployment compensation" and "State", was repealed by Pub. L. 87-675, § 1(a), Sept. 19, 1962, 76 Stat. 558.

EFFECTIVE DATE

Section effective 90 days after Oct. 24, 1972, see section 601 (b) of Pub. L. 92-540, set out as a note under section 2001 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2003 of this title. § 2008. Cooperation and coordination with the Veterans' Administration.

In carrying out his responsibilities under this chapter, the Secretary of Labor shall from time to time consult with the Administrator and keep him fully advised of activities carried out and all data gathered pursuant to this chapter to insure maximum cooperation and coordination between the Department of Labor and the Veterans' Administration. (Added Pub. L. 92-540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1094.)

PRIOR PROVISIONS

A prior section 2008, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1220, which enumerated provisions which forbid duplication of benefits, was repealed by Pub. L. 87-675, § 1(a), Sept. 19, 1962, 76 Stat. 558.

EFFECTIVE DATE

Section effective 90 days after Oct. 24, 1972, sce section 601(b) of Pub. L. 92-540, set out as a note under section 2001 of this title.

§ 2009. Repealed. Pub. L. 87-675, § 1(a), Sept. 19, 1962, 76 Stat. 558.

Section, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1221, provided termination dates for the payment of benefits under this chapter.

Chapter 42.-EMPLOYMENT AND TRAINING OF DISABLED AND VIETNAM ERA VETERANS

Sec.

2011. Definitions.

2012. Veterans' employment emphasis under Federal contract.

2013. Eligibility requirements for veterans under certain Federal manpower training programs.

§ 2010. Purpose.

Section renumbered section 2001 by Pub. L. 87-675, § 1(a), Sept. 19, 1962, 76 Stat. 558.

§ 2011. Definitions.

As used in this chapter

(1) The term "disabled veteran" means a person entitled to disability compensation under laws administered by the Veterans' Administration for a disability rated at 30 per centum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty.

(2) The term "veteran of the Vietnam era" means a person (A) who (i) served on active duty for a period of more than 180 days, any part of which occurred during the Vietnam era, and was discharged or released therefrom with other than a dishonorable discharge, or (ii) was discharged or

released from active duty for a service-connected disability if any part of such active duty was performed during the Vietnam era, and (B) who was so discharged or released within the 48 months preceding his application for employment covered under this chapter.

(3) The term "department and agency" means any department or agency of the Federal Government or any federally owned corporation. (Added Pub. L. 92-540, title V, § 503 (a), Oct. 24, 1972, 86 Stat. 1097.)

CODIFICATION

A prior section 2011 was renumbered section 2002 by Pub. L. 87-675, § 1(a), Sept. 19, 1962, 76 Stat. 558. EFFECTIVE DATE

Section effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92-540, set out as a note under section 2001 of this title.

§ 2012. Veterans' employment emphasis under Federal contracts.

(a) Any contract entered into by any department or agency for the procurement of personal property and non-personal services (including construction) for the United States, shall contain a provision requiring that, in employing persons to carry out such contract, the party contracting with the United States shall give special emphasis to the employment of qualified disabled veterans and veterans of the Vietnam era. The provisions of this section shall apply to any subcontract entered into by a prime contractor in carrying out any contract for the procurement of personal property and non-personal services (including construction) for the United States. The President shall implement the provisions of this section by promulgating regulations within 60 days after the date of enactment of this section, which regulations shall require that (1) each such contractor undertake in such contract to list immediately with the appropriate local employment service office all of its suitable employment openings, and (2) each such local office shall give such veterans priority in referral to such employment openings.

(b) If any disabled veteran or veteran of the Vietnam era believes any contractor has failed or refuses to comply with the provisions of his contract with the United States, relating to giving special emphasis in employment to veterans, such veteran may file a complaint with the Veterans' Employment Service of the Department of Labor. Such complaint shall be promptly referred to the Secretary who shall promptly investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of such contract and the laws and regulations applicable thereto. (Added Pub. L. 92-540, title V, § 503 (a), Oct. 24, 1972, 86 Stat. 1097.)

Ex. ORD. No. 11701. EMPLOYMENT OF VETERANS BY FEDERAL AGENCIES AND GOVERNMENT CONTRACTORS AND SUBCONTRACTORS

Ex. Ord. No. 11701, Jan. 24, 1973, 38 F.R. 2675, provided: On June 16, 1971, I issued Executive Order No. 11598 to facilitate the employment of returning veterans by requiring Federal agencies and Federal contractors and their subcontractors to list employment openings with the employment service systems. Section 503 of the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (Public Law 92-540; 86 Stat. 1097) added a new section 2012 to Title 38 of the United States Code [this section] which, in effect, provides statutory authority to extend the program developed under that order with respect to Government contractors and their subcontractors.

NOW, THEREFORE, by virtue of the authority vested in me by section 301 of Title 3 of the United States Code and as President of the United States, it is hereby ordered as follows:

SECTION 1. The Secretary of Labor shall issue rules and regulations requiring each department and agency of the executive branch of the Federal Government to list suitable employment openings with the appropriate office of the State Employment Service or the United States Employment Service. This section shall not be construed as requiring the employment of individuals referred by such office or as superseding any requirements of the Civil Service Laws. Rules, regulations, and orders to implement this section shall be developed in consultation with the Civil Service Commission.

SEC. 2. The Secretary of Labor is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority of the President under Section 2012 of Title 38 of the United States Code [this section].

SEC. 3. The Secretary of Labor shall gather information on the effectiveness of the program established under this order and Section 2012 of Title 38 of the United States Code [this section] and of the extent to which the employment service system is fulfilling the employment needs of veterans. The Secretary of Labor shall, from time to time, report to the President concerning his evaluation of the effectiveness of this order along with his recommendations for further action which the Secretary believes to be appropriate.

SEC. 4. Appropriate departments and agencies shall, in consultation with the Secretary of Labor, issue such amendments or additions to procurement rules and regulations as may be necessary to carry out the purposes of this order and Section 2012 of Title 38 of the United States Code [this section]. Except as otherwise provided by law, all executive departments and agencies are directed to cooperate with the Secretary of Labor, to furnish the Secretary of Labor with such information and assistance as he may require in the performance of his functions under this order, and to comply with rules, regulations, and orders of the Secretary.

SEC. 5. Executive Order No. 11598 of June 16, 1971, is hereby superseded.

RICHARD NIXON.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 29 sections 816, 871, 882.

§ 2013. Eligibility requirements for veterans under certain Federal manpower training programs.

Any (1) amounts received as pay or allowances by any person while serving on active duty, (2) period of time during which such person served on such active duty, and (3) amounts received under chapters 11, 13, 31, 34, 35, and 36 of this title by a veteran (as defined in section 101(2) of this title) who served on active duty for a period of more than 180 days or was discharged or released from active duty for a service-connected disability, and any amounts received by an eligible person under chapters 13 and 35 of such title, shall be disregarded in determining

the needs or qualifications of participants in any public service employment program, any emergency employment program, any job training program assisted under the Economic Opportunity Act of 1964, any manpower training program assisted under the Manpower Development and Training Act of 1962, or any other manpower training (or related) program financed in whole or in part with Federal funds. (Added Pub. L. 92-540, title V, § 503(a), Oct. 24, 1972, 86 Stat. 1097.)

REFERENCES IN TEXT

The Economic Opportunity Act of 1964, referred to in the text, is classified to section 2701 et seq. of Title 42, The Public Health and Welfare.

The Manpower Development and Training Act of 1962, referred to in the text, was classified to section 2571 et seq. of Title 42, was repealed by Pub. L. 93-203, § 614, and is now covered by section 801 et seq. of Title 29, Labor. CODIFICATION

Prior sections 2013 and 2014 were renumbered sections 2004 and 2005, respectively, by Pub. L. 87-675, § 1(a), Sept. 19, 1962, 76 Stat. 558.

EFFECTIVE DATE

Section effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92-540, set out as a note under section 2001 of this title.

PART IV.-GENERAL

ADMINISTRATIVE PROVISIONS

Chapter 51.-APPLICATIONS, EFFECTIVE DATES, AND PAYMENTS

§ 3010. Effective dates of awards.

*

(b) (1) The effective date of an award of disability compensation to a veteran shall be the day following the date of his discharge or release if application therefor is received within one year from such date of discharge or release.

(2) The effective date of an award of disability pension to a veteran shall be the date of application or the date on which the veteran became permanently and totally disabled, if an application therefor is received within one year from such date, whichever is to the advantage of the veteran.

(As amended Pub. L. 93-177, § 6(a), Dec. 6, 1973, 87 Stat. 696.)

AMENDMENTS

1973-Subsec. (b). Pub. L. 93-177 designated existing provisions as par. (1) and added par. (2).

EFFECTIVE DATE OF 1973 AMENDMENT Section 6(b) of Pub. L. 93-177 provided that: "Subsection (a) of this section [enacting subsec. (b) (2) of this section] shall apply to applications filed after its effective date [Jan. 1, 1974], but in no event shall an award made thereunder be effective prior to such effective date [Jan. 1, 1974]."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3503 of this title. § 3012. Effective dates of reductions and discontinu

ances.

(b) The effective date of a reduction or discontinuance of compensation, dependency and indemnity compensation, or pension

(2) by reason of marriage, divorce, or death of a dependent of a payee shall be the last day of the calendar year in which such marriage, divorce, or death occurs;

(As amended Pub. L. 92-198, § 3, Dec. 15, 1971, 85 Stat. 664.)

AMENDMENTS

1971-Subsec. (b) (2). Pub. L. 92-198 substituted "last day of the calendar year" for "last day of the month".

EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6 of Pub. L. 92-198, set out as a note under section 521 of this title.

§ 3021. Payment of certain accrued benefits upon death of a beneficiary.

(a) Except as provided in sections 123-128 of title 31, periodic monetary benefits (other than insurance and servicemen's indemnity) under laws administered by the Veterans' Administration to which an individual was entitled at his death under existing ratings or decisions, or those based on evidence in the file at date of death (hereafter in this section and section 3022 of this title referred to as "accrued benefits") and due and unpaid for a period not to exceed one year, shall, upon the death of such individual be paid as follows:

(As amended Pub. L. 92-328, title I, § 105(b), June 30, 1972, 86 Stat. 395.)

AMENDMENTS

1972-Subsec. (a). Pub. L. 92-328 struck out reference to section 3203(a) (2) (A) of this title.

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-328 effective on the first day of the second calendar month which begins after June 30, 1972, see section 301 (a) of Pub. L. 92-328, set out as a note under section 314 of this title.

Chapter 53.-SPECIAL PROVISIONS RELATING TO BENEFITS

Sec.

3102. Waiver of recovery of claims by the United States. AMENDMENTS

1972-Pub. L. 92-328, title II, § 203, June 30, 1972, 86 Stat. 397, substituted "claims by the United States" for "overpayments" in item 3102.

§3102. Waiver of recovery of claims by the United States.

(a) There shall be no recovery of payments or overpayments of any benefits under any of the laws administered by the Veterans' Administration whenever the Administrator determines that recovery would be against equity and good conscience, if an application for relief is made within two years from the date of notification of the indebtedness by the Administrator to the payee.

(b) With respect to any loan guaranteed, insured, or made under chapter 37 of this title, the Administrator may waive payment of an indebtedness to the Veterans' Administration by the veteran (as defined in sections 101 and 1801), or his spouse, following default and loss of the property, where the Administrator determines that collection of such indebtedness would be against equity and good conscience.

(c) The Administrator may not exercise his authority under subsection (a) or (b) of this section to waive recovery of any payment or the collection of any indebtedness if, in his opinion, there exists in connection with the claim for such waiver an indication of fraud, misrepresentation, material fault, or lack of good faith on the part of the person or persons having an interest in obtaining a waiver of such recovery or the collection of such indebtedness.

(d) No certifying or disbursing officer shall be liable for any amount paid to any person where the recovery of such amount is waived under subsection (a) or (b).

(e) Where the recovery of a payment or overpayment made from the National Service Life Insurance Fund or United States Government Life Insurance Fund is waived under this section, the fund from which the payment was made shall be reimbursed from the National Service Life Insurance appropriation or the military and naval insurance appropriation, as applicable. (As amended Pub. L. 92-328, title II, § 202(a), June 30, 1972, 86 Stat. 396.)

AMENDMENTS

1972-Pub. L. 92-328 in the section catchline substituted "claims by the United States" for "overpayments",

in

subsec. (a) struck out "(except servicemen's indemnity)" following "any benefits", struck out provisions relating to recovery of benefits from any person without fault on his part, and added provisions relating to an application for relief made within two years from the date of notification of the indebtedness by the Administrator to the payee, added subsecs. (b) and (c), redesignated former subsec. (b) as (d), and as so redesignated, added reference to subsec. (b), and redesignated former subsec. (c) as (e).

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-328 effective on June 30, 1972, see section 301 (c) of Pub. L. 92-328, set out as a note under section 210 of this title.

For effective date of Pub. L. 92-328, see Effective Date of 1972 Amendment notes set out under sections 210, 314, and 334 of this title.

APPLICABILITY OF WAIVER AUTHORITY TO IMPROPER PAYMENTS, OVERPAYMENTS, AND INDEBTEDNESS ESTABLISHED BY THE ADMINISTRATOR PRIOR TO EFFECTIVE DATE OF PUB. L. 92-328

Section 202(b) of Pub. L. 92-328 provided that: "The waiver authority provided by section 3102(a) of title 38, United States Code, as amended by subsection (a) of this section [subsec. (a) of this section] shall apply to improper payments, overpayments, and indebtedness established by the Administrator prior to the effective date of this Act if application for relief was pending on the date of enactment of this Act [June 30, 1972], or such an application is made within two years from the date of enactment of this Act."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1780, 1817 of this title.

(d) All or any part of any benefits the payment of which is suspended or withheld under this section may, in the discretion of the Administrator, be paid temporarily to the person having custody and control of the incompetent or minor beneficiary, to be used solely for the benefit of such beneficiary, or, in the case of an incompetent veteran, may be apportioned to the dependent or dependents, if any, of such veteran. Any part not so paid and any funds of a mentally incompetent or insane veteran not paid to the chief officer of the institution in which such veteran is an inmate nor apportioned to his dependent or dependents may be ordered held in the Treasury to the credit of such beneficiary. All funds so held shall be disbursed under the order and in the discretion of the Administrator for the benefit of such beneficiary or his dependents. Any balance remaining in such fund to the credit of any beneficiary may be paid to him if he recovers and is found competent, or if a minor, attains majority, or otherwise to his guardian, curator, or conservator, or, in the event of his death, to his personal representative, except as otherwise provided by law; however, payment will not be made to his personal representative if, under the law of his last legal residence, his estate would escheat to the State. In the event of the death of a mentally incompetent or insane veteran, all gratuitous benefits under laws, administered by the Veterans' Administration deposited before or after the date of enactment of this sentence in the personal funds of patients trust fund on account of such veteran shall not be paid to the personal representative of such veteran, but shall be paid to the following persons living at the time of settlement, and in the order named: The surviving spouse, the children (without regard to age or marital status) in equal parts, and the dependent parents of such veteran, in equal parts. If any balance remains, such balance shall be deposited to the credit of the applicable current appropriation; except that there may be paid only so much of such balance as may be necessary to reimburse a person (other than a political subdivision of the United States) who bore the expenses of last sickness or burial of the veteran for such expenses. No payment shall be made under the two preceding sentences of this subsection unless claim therefor is filed with the Veterans' Administration within five years after the death of the veteran, except that, if any person so entitled under said two sentences is under legal disability at the time of death of the veteran, such