38 U.S.C. § 4105

Cooperation of Federal agencies

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(a) All Federal agencies shall furnish the Secretary such records, statistics, or information as the Secretary 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 and eligible persons.(b) For the purpose of assisting the Secretary and the Secretary of Veterans Affairs in identifying employers with potential job training opportunities under the Veterans’ Job Training Act (Public Law 98–77; 29 U.S.C. 1721 note) 11 See References in Text note below. and otherwise in order to carry out this chapter, the Secretary of Defense shall, on the 15th day of each month, provide the Secretary and the Secretary of Veterans Affairs with updated information regarding any list maintained by the Secretary of Defense of employers participating in the National Committee for Employer Support of the Guard and Reserve.(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1219, § 2014; renumbered § 2005 and amended Pub. L. 87–675, § 1(a), (c), Sept. 19, 1962, 76 Stat. 558, 559; Pub. L. 92–540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1095; Pub. L. 93–508, title IV, § 401(d), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94–502, title VI, § 606(3), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100–323, §§ 6(a), 15(a)(2), May 20, 1988, 102 Stat. 564, 574; Pub. L. 101–237, title IV, § 423(b)(8)(A), Dec. 18, 1989, 103 Stat. 2093; renumbered § 4105, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109–233, title V, § 503(12), June 15, 2006, 120 Stat. 417.)Editorial NotesReferences in Text

The Veterans’ Job Training Act, referred to in subsec. (b), is Pub. L. 98–77, Aug. 15, 1983, 97 Stat. 443, which is set out as a note under section 3171 of Title 29, Labor. For complete classification of this Act to the Code, see Tables.

Prior Provisions

Prior section 4105, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1244; Pub. L. 87–574, § 4(1), Aug. 6, 1962, 76 Stat. 308; Pub. L. 89–785, title I, § 105, Nov. 7, 1966, 80 Stat. 1369; Pub. L. 94–123, § 5(b), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94–581, title I, § 110(4), title II, §§ 205(e), 209(a)(1), (2), (4), (c)(2), Oct. 21, 1976, 90 Stat. 2848, 2859, 2860, 2861; Pub. L. 95–201, § 4(a)(1), Nov. 23, 1977, 91 Stat. 1430; Pub. L. 96–151, title III, § 302(b), Dec. 20, 1979, 93 Stat. 1096; Pub. L. 97–295, § 4(81), Oct. 12, 1982, 96 Stat. 1311; Pub. L. 98–160, title II, § 202, Nov. 21, 1983, 97 Stat. 1000, related to qualifications of appointees to 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 section 7402 of this title.

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

Amendments

2006—Subsec. (b). Pub. L. 109–233 substituted “shall, on the 15th day of each month, provide the Secretary and the Secretary of Veterans Affairs with updated information regarding” for “shall provide, not more than 30 days after the date of the enactment of this subsection, the Secretary and the Secretary of Veterans Affairs with” and struck out before period at end “and shall provide, on the 15th day of each month thereafter, updated information regarding the list”.

1991—Pub. L. 102–83 renumbered section 2005 of this title as this section.

1989—Subsec. (b). Pub. L. 101–237 substituted “Secretary of Veterans Affairs” for “Administrator” wherever appearing.

1988—Subsec. (a). Pub. L. 100–323, § 15(a)(2), struck out “of Labor” after “furnish the Secretary”.

Pub. L. 100–323, § 6(a)(1), designated existing provisions as subsec. (a).

Subsec. (b). Pub. L. 100–323, § 6(a)(2), added subsec. (b).

1976—Pub. L. 94–502 substituted “the Secretary may deem” for “he may deem”.

1974—Pub. L. 93–508 substituted “eligible veterans and eligible persons” for “eligible veterans”.

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.

1962—Pub. L. 87–675 substituted “chapter” for “subchapter” after “administration of this”.

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

Amendment by section 6(a) of Pub. L. 100–323 effective on 60th day after May 20, 1988, and amendment by section 15(a)(2) of Pub. L. 100–323 effective 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 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.

Notes of Decisions

Cited in 7 cases, 1976–1996 · leading case: Edmund Mann & Beverly Mann v. United States, 904 F.2d 1 (2d Cir. 1990).

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Edmund Mann & Beverly Mann v. United States, 904 F.2d 1 (2d Cir. 1990). · cites it 2× “Mann argues, however, that 38 U.S.C. § 4105 (a) required that all doctors providing care at veterans’ hospitals be licensed to practice.”

Marc A. Stretten v. Wadsworth Vets. Hosp., 537 F.2d 361 (9th Cir. 1976). “38 U.S.C. § 4105 . 8 . We note in passing that plaintiff Stretten could not have qualified as a section 4104 physician.”

In re the Fee Agreement of Stanley, 9 Vet. App. 203 (Vet. App. 1996). “The focus of Hamilton was on resolving whether multiple Notices of Disagreement (NODs) under 38 U.S.C. § 4105 (now § 7105) were required, or even permissible, where subsequent RO decisions were made necessary by BVA remands.”

Hannon v. Turnage, 892 F.2d 653 (7th Cir. 1990). “Hannon had previously possessed unrestricted licenses in the states of California, Washington, and Minnesota, disciplinary action had revoked, suspended, or inactivated all of these licenses.”

Beecher Noble v. Employers Ins. of Wausau, 555 F.2d 1257 (5th Cir. 1977). “Physicians within the department are appointed by the administrator, 38 U.S.C. § 4105 (a)(1) (1970), and must serve a probationary period during which their performances are reviewed by a board appointed by the administrator.”

Woods v. Milner, 760 F. Supp. 623 (E.D. Mich. 1991). “The Court acknowledges the factual difference between Aggarwal and this case — in Aggarwal , the plaintiff was not a citizen and 38 U.S.C. § 4105 provides that no person may be appointed as a permanent employee under § 4104 unless that person is a citizen.”

Vets. Admin. Med. Ctr. v. Fed. Labor Relations Auth., 732 F.2d 1128 (2d Cir. 1984). “For example, qualifications for DM & S professionals are determined by the VA "without regard to civil service requirements" 38 U.S.C. §§ 4105 (a), 4106(a); DM & S professionals have a different probationary period than other civil service employees, 38 U.”

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