PL 107-288, 2002 HR 4015 |
|
PL 107-288, November
7, 2002, 116 Stat 2033 |
(Cite as: 116 Stat
2033) |
UNITED STATES PUBLIC LAWS
107th Congress - Second Session
Convening January, 2002
Copr. © West Group 2003. No Claim to Orig.
U.S. Govt.Works
Additions and Deletions are not identified in
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PL 107-288 (HR 4015)
November 7, 2002
JOBS FOR VETERANS ACT
An Act To amend title 38, United States
Code, to revise and improve employment, training, and placement services furnished
to veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States
of America in Congress assembled
SECTION 1. SHORT
TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
<< 38 USCA § 101 NOTE >>
(a) SHORT TITLE.--This Act may be cited as the"Jobs for Veterans
Act".
(b) REFERENCES TO TITLE 38, UNITED STATES CODE.--Except as otherwise
expressly provided, whenever in this Act an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other provision of
title 38, United States Code.
SEC. 2. PRIORITY
OF SERVICE FOR VETERANS IN DEPARTMENT OF LABOR JOB TRAINING PROGRAMS.
(a) VETERANS' JOB TRAINING ASSISTANCE.--(1) Chapter 42 is amended
by adding at the end the following new section:
<< 38 USCA § 4215 >>
"§ 4215. Priority of service for veterans
in Department of Labor job training programs
"(a) DEFINITIONS.--In this section:
"(1) The term 'covered person' means
any of the following individuals:
"(A) A veteran.
"(B) The spouse of any of the following individuals:
"(i)
Any veteran who died of a service-connected disability.
"(ii) Any member of the Armed Forces serving on active duty
who, at the time of application for assistance under this section, is listed,
pursuant to section 556 of title 37 and regulations issued thereunder,
by the Secretary concerned in one or more of the following categories and
has been so listed for a total of more than 90 days:Â (I) missing in action,
(II) captured in line of duty by a hostile force, or (III) forcibly detained
or interned in line of duty by a foreign government or power.
"(iii) Any veteran who has a total disability resulting
from a service- connected disability.
"(iv) Any veteran who died while
a disability so evaluated was in existence.
*2034"(2) The term 'qualified job training program'
means any workforce  preparation, development,
or delivery program or service that is directly funded, in whole or in part,
by the Department of Labor and includes the following:
"(A) Any such program or service
that uses technology to assist individuals to access workforce development
programs (such as job and training opportunities, labor market information,
career assessment tools, and related support services).
"(B) Any such program or service under the public employment
service system, one-stop career centers, the Workforce Investment Act of 1998,
a demonstration or other temporary program, and those programs implemented
by States or local service providers based on Federal block grants administered
by the Department of Labor.
"(C) Any such program or service that is a workforce development
program targeted to specific groups.
"(3) The term 'priority of service' means, with respect to
any qualified job training program, that a covered person shall be given priority
over nonveterans for the receipt of employment,
training, and placement services provided under that program, notwithstanding
any other provision of law.
"(b) ENTITLEMENT TO PRIORITY OF SERVICE.--(1) A covered person
is entitled to priority of service under any qualified job training program
if the person otherwise meets the eligibility
requirements for participation in such program.
"(2) The Secretary of Labor may establish priorities among
covered persons for purposes of this section to take into account the needs
of disabled veterans and special disabled veterans, and such other factors
as the Secretary determines appropriate.
"(c) ADMINISTRATION OF PROGRAMS AT STATE AND LOCAL LEVELS.--An
entity of a State or a political subdivision of the State that administers
or delivers services under a qualified job training program shall--
"(1) provide information and priority of service to covered
persons regarding benefits and services that may be obtained through other
entities or service providers; and
"(2) ensure that each covered person
who applies to or who is assisted by such a program is informed of the employment-related
rights and benefits to which the person is entitled under this section.
"(d) ADDITION TO ANNUAL REPORT.--In the annual report required
under section 4107(c) of this title for the program year beginning in 2003
and each subsequent program year, the Secretary of Labor shall evaluate whether
covered persons are receiving priority of service and are being fully served
by qualified job training programs, and whether the representation of veterans
in such programs is in proportion to the incidence of representation of veterans
in the labor market, including within groups
that the Secretary may designate for priority under such programs, if any.".
<< 38 USCA prec. § 4211 >>
(2) The table of sections at the beginning of chapter 42 is amended
by inserting after the item relating to section 4214 the following new item:
"4215. Priority of service for veterans in Department of Labor
job training programs.".
(b) EMPLOYMENT OF VETERANS WITH RESPECT TO FEDERAL CONTRACTS.--(1)
Section 4212(a) is amended to read as follows:
<< 38 USCA § 4212 >>
*2035"(a)(1) Any contract
in the amount of $100,000 or more entered into by any department or agency
of the United States for the procurement of personal property and nonpersonal services (including construction) for the United
States, shall contain a provision requiring that the party contracting with
the United States take affirmative action to employ and advance in employment qualified covered veterans. This section
applies to any subcontract in the amount of $100,000 or more entered into
by a prime contractor in carrying out any such contract.
"(2) In addition to requiring affirmative action to employ
such qualified covered veterans under such contracts and subcontracts and
in order to promote the implementation of such requirement, the Secretary
of Labor shall prescribe regulations requiring that--
"(A) each such contractor for each such contract shall immediately
list all of its employment openings with the appropriate employment service
delivery system (as defined in section 4101(7) of this title), and may also
list such openings with one-stop career centers under the Workforce Investment
Act of 1998, other appropriate service delivery points, or America's Job Bank
(or any additional or subsequent national electronic job bank established
by the Department of Labor), except that the contractor may exclude openings
for executive and senior management positions and positions which are to be
filled from within the contractor's organization and positions lasting three
days or less;
"(B) each such employment service
delivery system shall give such qualified covered veterans priority in referral
to such employment openings;Â and
"(C) each such employment service
delivery system shall provide a list of  such
employment openings to States, political subdivisions of States, or any private
entities or organizations under contract to carry out employment, training,
and placement services under chapter 41 of this title.
"(3) In this section:
"(A) The term 'covered veteran' means any of the following
veterans:
"(i) Disabled
veterans.
"(ii) Veterans who served on active duty
in the Armed Forces during a war or in a campaign or expedition for which
a campaign badge has been authorized.
"(iii) Veterans who, while serving on active duty in the
Armed Forces, participated in a United States military operation for which
an Armed Forces service medal was awarded pursuant to Executive Order No.
12985 (61 Fed. Reg. 1209).
"(iv) Recently separated veterans.
"(B) The term 'qualified', with respect to an employment position,
means having the ability to perform the essential functions of the position
with or without reasonable accommodation for an individual with a disability.".
<< 38 USCA § 4212 >>
(2)(A) Section 4212(c) is amended--
 (i) by striking"suitable"; and
(ii) by striking"subsection (a)(2)
of this section" and inserting"subsection (a)(2)(B)".
<< 38 USCA § 4212 >>
(B) Section 4212(d)(1) is amended--
(i) in the matter
preceding subparagraph (A), by striking"of this section" after
"subsection (a)";Â and
*2036 (ii) by amending subparagraphs (A) and (B) to read
as follows:
"(A) the number of employees in the workforce of such contractor,
by job category and hiring location, and the number of such employees, by
job category and hiring location, who are qualified covered veterans;
"(B) the total number of new employees
hired by the contractor during the period covered by the report and the number
of such employees who are qualified covered veterans;Â and".
<< 38 USCA § 4212 >>
(C) Section 4212(d)(2) is amended by striking
"of this subsection" after "paragraph (1)".
<< 38 USCA § 4211 >>
(D) Section 4211(6) is amended by striking"one-year period"
and inserting"three-year period".
<< 38 USCA § 4211 NOTE >>
(3) The amendments made by this subsection shall apply with respect
to contracts entered into on or after the first day of the first month that
begins 12 months after the date of the enactment of this Act.
<< 38 USCA § 4214 >>
(c) EMPLOYMENT WITHIN THE FEDERAL GOVERNMENT.--(1)
Section 4214(a)(1) is amended--
(A) in the first sentence, by striking
"life" and all that follows and inserting"life.";Â and
(B) in the second sentence, by striking
"major" and inserting"uniquely  qualified".
(2) Section 4214(b) is amended--
<< 38 USCA § 4214 >>
(A) in paragraph (1), by striking"readjustment"
and inserting"recruitment";
<< 38 USCA § 4214 >>
(B) in paragraph (2), by striking"to--"
and all that follows through the period at the end and inserting"to
qualified covered veterans.";
<< 38 USCA § 4214 >>
(C) in paragraph (3), to read as follows:
"(3) A qualified covered veteran may receive such an appointment
at any time.".
(3)(A) Section 4214(a) is amended--
<< 38 USCA § 4214 >>
(i) in the third
sentence of paragraph (1), by striking"disabled veterans and certain
veterans of the Vietnam era and of the post-Vietnam era" and inserting
"qualified covered veterans (as defined in paragraph (2)(B))";Â
and
<< 38 USCA § 4214 >>
(ii) in paragraph (2), to read as follows:
"(2) In this section:
"(A) The term 'agency' has the meaning
given the term 'department or agency' in section 4211(5) of this title.
"(B) The term 'qualified covered veteran' means a veteran
described in section 4212(a)(3) of this title.".
<< 38 USCA § 4214 >>
(B) Clause (i) of section 4214(e)(2)(B)
is amended by striking"of the Vietnam era".
<< 38 USCA § 4214 >>
(C) Section 4214(g) is amended--
(i) by striking"qualified"
the first place it occurs and all that follows through"era" the
first place it occurs and inserting"qualified covered veterans";Â
and
(ii) by striking"under section 1712A
of this title" and all that follows and inserting"under section
1712A of this title.".
<< 38 USCA § 4214 NOTE >>
(4) The amendments made by this subsection shall apply to qualified
covered veterans without regard to any limitation relating to the date of
the veteran's last discharge or release from active duty that may have otherwise
applied under section 4214(b)(3) *2037 as in effect on the date before
the date of the enactment of this Act.
SEC. 3. FINANCIAL
AND NON-FINANCIAL PERFORMANCE INCENTIVE AWARDS FOR QUALITY VETERANS EMPLOYMENT,
TRAINING, AND PLACEMENT SERVICES.
(a) PERFORMANCE INCENTIVE AWARDS FOR QUALITY
EMPLOYMENT, TRAINING, AND PLACEMENT SERVICES.--Chapter 41 is amended by
adding at the end the following new section:
<< 38 USCA § 4112 >>
"§ 4112. Performance incentive awards
for quality employment, training, and placement services
"(a) CRITERIA FOR PERFORMANCE INCENTIVE AWARDS.--(1) For purposes
of carrying out a program of performance incentive awards under section 4102A(c)(2)(A)(i)(III)
of this title, the Secretary, acting through the Assistant Secretary of Labor
for Veterans' Employment and Training, shall establish criteria for performance
incentive awards programs to be administered by States to--
"(A) encourage the improvement and modernization of employment,
training, and placement services provided under this chapter;Â
and
"(B) recognize eligible employees
for excellence in the provision of such services or for having made demonstrable
improvements in the provision of such services.
"(2) The Secretary shall establish such criteria in consultation
with representatives of States, political subdivisions of States, and other
providers of employment, training, and
placement services under the Workforce Investment Act of 1998 consistent with
the performance measures established under section 4102A(b)(7) of this title.
"(b) FORM OF AWARDS.--Under the criteria established by the
Secretary for performance incentive awards to be administered by States, an
award under such criteria may be a cash award or such other nonfinancial
awards as the Secretary may specify.
"(c) RELATIONSHIP OF AWARD TO GRANT PROGRAM AND EMPLOYEE COMPENSATION.--
Performance incentive cash awards under this section--
"(1) shall be made from amounts allocated from the grant or
contract amount for a State for a program year under section 4102A(c)(7) of this title;Â and
"(2) is in addition to the regular
pay of the recipient.
"(d) ELIGIBLE EMPLOYEE DEFINED.--In
this section, the term 'eligible employee' means any of the following:
"(1) A disabled veterans' outreach program
specialist.
"(2) A local veterans' employment representative.
"(3) An individual providing employment, training, and placement
services to veterans under the Workforce Investment Act of 1998 or through
an employment service delivery system (as defined in section 4101(7) of this
title).".
<< 38 USCA prec.
§ 4100 >>
*2038 (b) CLERICAL AMENDMENT.--The table of sections at the
beginning of chapter 41 is amended by adding at the end the following new
item:
"4112. Performance incentive awards for quality employment,
training, and placement services.".
SEC. 4. REFINEMENT
OF JOB TRAINING AND PLACEMENT FUNCTIONS OF THE DEPARTMENT.
(a) REVISION OF DEPARTMENT LEVEL SENIOR OFFICIALS AND FUNCTIONS.--(1)
Sections 4102A and 4103 are amended to read as follows:
<< 38 USCA § 4102A >>
"§ 4102A. Assistant Secretary of Labor
for Veterans' Employment and Training;Â program functions;Â
Regional Administrators
"(a) ESTABLISHMENT OF POSITION OF ASSISTANT SECRETARY OF LABOR
FOR VETERANS' EMPLOYMENT AND TRAINING.--(1) There is established within the
Department of Labor an Assistant Secretary of Labor for Veterans' Employment
and Training, appointed by the President by and with the advice and consent
of the Senate, who shall formulate and
implement all departmental policies and procedures to carry out (A) the purposes
of this chapter, chapter 42, and chapter 43 of this title, and (B) all other
Department of Labor employment, unemployment, and training programs to the
extent they affect veterans.
"(2) The employees of the Department of Labor administering
chapter 43 of this title shall be administratively and functionally responsible
to the Assistant Secretary of Labor for Veterans' Employment and Training.
"(3)(A) There shall be within the
Department of Labor a Deputy Assistant Secretary of Labor for Veterans' Employment
and Training. The Deputy Assistant Secretary shall perform such functions
as the Assistant Secretary of Labor for Veterans' Employment and Training
prescribes.
"(B) No individual may be appointed as a Deputy Assistant Secretary
of Labor for Veterans' Employment and Training unless the individual has at
least five years of service in a management position as an employee of the
Federal civil service or comparable service in a management position in the
Armed Forces. For purposes of determining such service of an individual, there
shall be excluded any service described in subparagraphs (A), (B), and (C)
of section 308(d)(2) of this title.
"(b) PROGRAM FUNCTIONS.--The Secretary
shall carry out the following functions:
"(1) Except as expressly provided
otherwise, carry out all provisions of this chapter and chapter 43 of this
title through the Assistant Secretary of Labor for Veterans' Employment and
Training and administer through such Assistant Secretary all programs under
the jurisdiction of the Secretary for the provision of employment and training
services designed to meet the needs of all veterans and persons eligible for
services furnished under this chapter.
"(2) In order to make maximum use of available resources in
meeting such needs, encourage all such programs, and all grantees and contractors
under such programs to enter into cooperative arrangements with private industry
and business concerns (including small business concerns owned by veterans
*2039 or disabled veterans), educational institutions, trade associations,
and labor unions.
"(3) Ensure that maximum effectiveness and efficiency are
achieved in providing services and assistance to eligible veterans under all
such programs by coordinating and consulting with the Secretary of Veterans
Affairs with respect to (A) programs conducted under other provisions of this
title, with particular emphasis on coordination of such programs with readjustment
counseling activities carried out under section 1712A of this title, apprenticeship
or other on-the-job training programs carried out under section 3687 of this
title, and rehabilitation and training activities carried out  under chapter 31 of this title and (B) determinations
covering veteran population in a State.
"(4) Ensure that employment, training, and placement activities
are carried out in coordination and cooperation with appropriate State public
employment service officials.
"(5) Subject to subsection (c), make available for use in
each State by grant or contract such funds as may be necessary to support--
"(A) disabled veterans' outreach program specialists appointed
under section 4103A(a)(1) of this title,
"(B) local veterans' employment
representatives assigned under section 4104(b) of this title, and
"(C) the reasonable expenses of
such specialists and representatives described in subparagraphs (A) and (B),
respectively, for training, travel, supplies, and other business expenses,
including travel expenses and per diem for attendance at the National Veterans'
Employment and Training Services Institute established under section 4109
of this title.
"(6) Monitor and supervise on a continuing basis the distribution
and use of funds provided for use in the States under paragraph (5).
"(7) Establish, and update as appropriate, a comprehensive
performance accountability system (as described in subsection (f)) and carry
out annual  performance reviews of veterans
employment, training, and placement services provided through employment service
delivery systems, including through disabled veterans' outreach program specialists
and through local veterans' employment representatives in States receiving
grants, contracts, or awards under this chapter.
"(c) CONDITIONS FOR RECEIPT OF FUNDS.--(1) The distribution
and use of funds under subsection (b)(5) in order to carry out sections 4103A(a) and 4104(a) of
this title shall be subject to the continuing supervision and monitoring of
the Secretary and shall not be governed by the provisions of any other law,
or any regulations prescribed thereunder, that are
inconsistent with this section or section 4103A or 4104 of this title.
"(2)(A) A State shall submit to the
Secretary an application for a grant or contract under subsection (b)(5).Â
The application shall contain the following information:
"(i) A
plan that describes the manner in which the State shall furnish employment,
training, and placement services required under this chapter for the program
year, including a description of--
 *2040"(I) duties assigned by the State to disabled
veterans' outreach program specialists and local veterans' employment representatives
consistent with the requirements of sections 4103A and 4104 of this title;
"(II) the
manner in which such specialists and representatives are integrated in the
employment service delivery systems in the State;Â and
"(III) the program of performance
incentive awards described in section 4112 of this title in the State for
the program year.
"(ii) The veteran population to be served.
"(iii) Such additional information as the Secretary may require
to make a determination with respect to awarding a grant or contract to the
State.
"(B)(i) Subject to the succeeding provisions of this subparagraph,
of the amount available under subsection (b)(5) for a fiscal year, the Secretary
shall make available to each State with an application approved by the Secretary
an amount of funding in proportion to the number of veterans seeking employment
using such criteria as the Secretary may establish in regulation, including
civilian labor force and unemployment data, for the State on an annual basis.
The proportion of funding shall reflect the ratio of--
"(I) the total number of veterans residing in the State that
are seeking employment; to
"(II) the total number of veterans
seeking employment in all States.
"(ii) The Secretary shall phase in over the three fiscal-year
period that begins on October 1, 2002, the manner in which amounts are made
available to States under subsection (b)(5) and this subsection, as amended
by the Jobs for Veterans Act.
"(iii) In carrying out this paragraph, the Secretary may establish
minimum funding levels and hold-harmless criteria for States.
"(3)(A)(i) As a condition of a grant
or contract under this section for a program year, in the case of a State
that the Secretary determines has an entered-employment rate for veterans
that is deficient for the preceding program year, the State shall develop
a corrective action plan to improve that rate for veterans in the State.
"(ii) The State shall submit the corrective action plan to
the Secretary for approval, and if approved, shall expeditiously implement
the plan.
"(iii) If the Secretary does not approve a corrective action
plan submitted by the State under clause (i), the
Secretary shall take such steps as may be necessary to implement corrective
actions in the State to improve the entered-employment rate for veterans in
that State.
"(B) To carry out subparagraph (A),
the Secretary shall establish in regulations a uniform national threshold
entered-employment rate for veterans for a program year by which determinations
of deficiency may be made under subparagraph (A).
"(C) In making a determination with respect to a deficiency
under subparagraph (A), the Secretary shall take into account the applicable
annual unemployment data for the State
and consider other factors, such as prevailing economic conditions, that affect
performance of individuals providing employment, training, and placement services
in the State.
*2041"(4) In determining the terms and conditions of
a grant or contract under which funds are made available to a State in order
to carry out section 4103A or 4104 of this title, the Secretary shall take
into account--
"(A) the results of reviews, carried out pursuant to subsection
(b)(7), of the performance of the employment, training, and placement service
delivery system in the State, and
"(B) the monitoring carried out under
this section.
"(5) Each grant or contract by which funds are made available
to a State shall contain a provision requiring the recipient of the funds--
"(A) to comply with the provisions of this chapter;Â and
"(B) on an annual basis, to notify
the Secretary of, and provide supporting rationale for, each nonveteran
who is employed as a disabled veterans' outreach program specialist and local
veterans' employment representative for a period in excess of 6 months.
"(6) Each State shall coordinate employment, training, and
placement services furnished to veterans and eligible persons under this chapter
with such services furnished with respect to such veterans and persons under
the Workforce Investment Act of 1998 and
the Wagner-Peyser Act.
"(7) With respect to program years beginning during or after
fiscal year 2004, one percent of the amount of a grant or contract under which
funds are made available to a State in order to carry out section 4103A or
4104 of this title for the program year shall be for the purposes of making
cash awards under the program of performance incentive awards described in
section 4112 of this title in the State.
"(d) PARTICIPATION IN OTHER FEDERALLY FUNDED JOB TRAINING PROGRAMS.--The
Assistant Secretary of Labor for Veterans' Employment and Training shall promote
and monitor participation of qualified veterans and eligible persons in employment
and training opportunities under title I of the Workforce Investment Act of
1998 and other federally funded employment and training programs.
"(e) REGIONAL ADMINISTRATORS.--(1) The Secretary shall assign
to each region for which the Secretary operates a regional office a representative
of the Veterans' Employment and Training Service to serve as the Regional
Administrator for Veterans' Employment and Training in such region.
"(2) Each such Regional Administrator shall carry out such
duties as the Secretary may require to promote veterans
employment and reemployment within the region that the Administrator serves.
"(f) ESTABLISHMENT OF PERFORMANCE STANDARDS AND OUTCOMES MEASURES.--(1)
By not later than 6 months after the date
of the enactment of this section, the Assistant Secretary of Labor for Veterans'
Employment and Training shall establish and implement a comprehensive performance
accountability system to measure the performance of employment service delivery
systems, including disabled veterans' outreach program specialists and local
veterans' employment representatives providing employment, training, and placement
services under this chapter in a State to provide accountability of that State
to the Secretary for purposes of subsection (c).
"(2) Such standards and measures shall--
*2042"(A) be consistent with State performance measures
applicable under section 136(b) of the Workforce Investment Act of 1998;Â and
"(B) be appropriately weighted to provide special consideration
for placement of (i) veterans requiring intensive
services (as defined in section 4101(9) of this title), such as special disabled
veterans and disabled veterans, and (ii) veterans who enroll in readjustment
counseling under section 1712A of this title.
"(g) AUTHORITY TO PROVIDE TECHNICAL ASSISTANCE TO STATES.--The
Secretary may provide such technical assistance as the Secretary determines
appropriate to any State that the Secretary determines has, or may have, an
entered-employment rate in the State that is deficient, as determined under
subsection (c)(3) with respect to a program year, including assistance
in the development of a corrective action plan under that subsection.
<< 38 USCA § 4103 >>
"§ 4103. Directors and Assistant Directors
for Veterans' Employment and Training;Â additional
Federal personnel
"(a) DIRECTORS AND ASSISTANT DIRECTORS.--(1) The Secretary
shall assign to each State a representative of the Veterans' Employment and
Training Service to serve as the Director for Veterans' Employment and Training,
and shall assign full-time Federal clerical or other support personnel to
each such Director.
"(2) Each Director for Veterans' Employment and Training for
a State shall, at the time of appointment, have been a bona fide resident
of the State for at least two years.
"(3) Full-time Federal clerical or other support personnel
assigned to Directors for Veterans' Employment and Training shall be appointed
in accordance with the provisions of title 5 governing appointments in the
competitive service and shall be paid in accordance with the provisions of
chapter 51 and subchapter III of chapter 53 of title 5.
"(b) ADDITIONAL FEDERAL PERSONNEL.--The Secretary may also
assign as supervisory personnel such representatives
of the Veterans' Employment and Training Service as the Secretary determines
appropriate to carry out the employment, training, and placement services
required under this chapter, including Assistant Directors for Veterans' Employment
and Training.".
<< 38 USCA prec. § 4100 >>
(2) The items relating to sections 4102A and 4103, respectively,
in the table of sections at the beginning of chapter 41 are amended to read
as follows:
"4102A. Assistant Secretary of Labor for Veterans' Employment
and Training;Â program functions;Â Regional Administrators.
"4103. Directors and Assistant Directors for Veterans' Employment
and Training;Â additional Federal personnel.".
<< 38 USCA § 4104A >>
(3)(A)(i) Section 4104A is repealed.
<< 38 USCA prec.
§ 4100 >>
(ii) The table of sections at the beginning of chapter 41 is amended
by striking the item relating to section 4104A.
<< 38 USCA § 4107 >>
(B) Section 4107(b) is amended by striking"The Secretary shall
establish definitive performance standards" and inserting"The Secretary
shall apply performance standards established under section 4102A(f)
of this title".
<< 38 USCA § 4102A NOTE >>
(4) The amendments made by this subsection shall take effect on
the date of the enactment of this Act, and apply for program *2043
and fiscal years under chapter 41 of title 38, United States Code, beginning
on or after such date.
(b) REVISION OF STATUTORILY DEFINED DUTIES OF DISABLED VETERANS'
OUTREACH PROGRAM SPECIALISTS AND LOCAL VETERANS' EMPLOYMENT REPRESENTATIVES.--(1)
Section 4103A is amended by striking all after the heading and inserting the
following:
<< 38 USCA § 4103A >>
"(a) REQUIREMENT FOR EMPLOYMENT BY STATES OF A SUFFICIENT NUMBER
OF SPECIALISTS.--(1) Subject to approval by the Secretary, a State shall employ
such full- or part-time disabled veterans' outreach program specialists as
the State determines appropriate and efficient to carry out intensive services
under this chapter to meet the employment needs of eligible veterans with
the following priority in the provision of services:
"(A) Special disabled veterans.
"(B) Other disabled veterans.
"(C) Other eligible veterans in accordance with priorities
determined by the Secretary taking into account applicable rates of unemployment
and the employment emphases set forth in chapter 42 of this title.
"(2) In the provision of services in accordance with this subsection,
maximum emphasis in meeting the employment needs of veterans shall be placed
on assisting economically or educationally disadvantaged veterans.
"(b) REQUIREMENT FOR QUALIFIED VETERANS.--A
State shall, to the maximum extent practicable, employ qualified veterans
to carry out the services referred to in subsection (a). Preference shall be given in
the appointment of such specialists to qualified disabled veterans.".
<< 38 USCA § 4104 >>
(2) Section 4104 is amended by striking all after the heading and
inserting the following:
"(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;Â 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).Â
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) REPORTING.--Each local veterans' employment representative
shall be administratively responsible to the manager of the *2044 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.".
<< 38 USCA § 4103A NOTE >>
 (3) The amendments made by this subsection
shall take effect on the date of the enactment of this Act, and apply for
program years under chapter 41 of title 38, United States Code, beginning
on or after such date.
<< 38 USCA § 4215 NOTE >>
(c) REQUIREMENT TO PROMPTLY ESTABLISH ONE-STOP EMPLOYMENT SERVICES.--By
not later than 18 months after the date of the enactment of this Act, the
Secretary of Labor shall provide one-stop services and assistance to covered
persons electronically by means of the Internet, as defined in section 231(e)(3)
of the Communications Act of 1934, and such other electronic means to enhance
the delivery of such services and assistance.
<< 38 USCA § 4106 >>
(d) REQUIREMENT FOR BUDGET LINE ITEM FOR TRAINING SERVICES INSTITUTE.--(1)
The last sentence of section 4106(a) is amended to read as follows:"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.'.
<< 38 USCA § 4106 NOTE >>
(2) The amendment made by paragraph (1) shall take effect on the
date of the enactment of this Act, and apply to budget submissions for fiscal
year 2004 and each subsequent fiscal year.
<< 38 USCA § 4107 >>
(e) CONFORMING AMENDMENTS.--(1) Section
4107(c)(5) is amended by striking"(including the need" and all
that follows through"representatives)".
<< 38 USCA § 3117 >>
(2) Section 3117(a)(2)(B) is amended to
read as follows:
"(B) utilization of employment, training,
and placement services under chapter 41 of this title;Â and".
SEC. 5. ADDITIONAL
IMPROVEMENTS IN VETERANS EMPLOYMENT AND TRAINING SERVICES.
<< 38 USCA § 4101 >>
(a) INCLUSION OF INTENSIVE SERVICES.--(1)(A) Section 4101 is amended by adding at the end the following
new paragraph:
"(9) The term 'intensive services' means local employment
and training services of the type described in section 134(d)(3) of the Workforce
Investment Act of 1998.".
<< 38 USCA § 4102 >>
(B) Section 4102 is amended by striking"job and job training
counseling service program," and inserting"job and job training
intensive services program,".
<< 38 USCA § 4106 >>
(C) Section 4106(a) is amended by striking"proper counseling"
and inserting"proper intensive services".
<< 38 USCA § 4107 >>
(D) Section 4107(a) is amended by striking"employment counseling
services" and inserting"intensive services".
<< 38 USCA § 4107 >>
(E) Section 4107(c)(1) is amended by striking
"the number counseled" and inserting"the number who received
intensive services".
<< 38 USCA § 4109 >>
(F) Section 4109(a) is amended by striking"counseling,"
each place it appears and inserting"intensive services,".
<< 38 USCA § 4101 NOTE >>
(2) The amendments made by paragraph (1) shall take effect on the
date of the enactment of this Act.
<< 38 USCA § 4102 >>
*2045 (b) ADDITIONAL VETS DUTY TO IMPLEMENT TRANSITIONS TO
CIVILIAN CAREERS.--(1)(A) Section 4102 is amended
by striking the period and inserting", including programs carried out
by the Veterans" Employment and Training Service to implement all efforts
to ease the transition of servicemembers to civilian
careers that are consistent with, or an outgrowth of, the military experience
of the servicemembers.'.
(B) Such section is further amended by striking"and veterans
of the Vietnam era" and inserting"and veterans who served on active
duty during a war or in a campaign or expedition for which a campaign badge
has been authorized".
<< 38 USCA § 4102 NOTE >>
(2) The amendments made by paragraph (1) shall take effect on the
date of the enactment of this Act.
<< 38 USCA § 4101 >>
 (c) MODERNIZATION
OF EMPLOYMENT SERVICE DELIVERY POINTS TO INCLUDE TECHNOLOGICAL INNOVATIONS.--(1)
Section 4101(7) is amended to read as follows:
"(7) The term 'employment service delivery system' means a
service delivery system at which or through which labor exchange services,
including employment, training, and placement services, are offered in accordance
with the Wagner-Peyser Act.".
<< 38 USCA § 4101 NOTE >>
(2) The amendments made by paragraph (1) shall take effect on the
date of the enactment of this Act.
(d) INCREASE IN ACCURACY OF REPORTING SERVICES
FURNISHED TO VETERANS.--(1)(A) Section 4107(c)(1) is amended--
<< 38 USCA § 4107 >>
(i) by striking
"veterans of the Vietnam era,";Â and
(ii) by striking"and eligible persons
who registered for assistance with" and inserting"eligible persons,
recently separated veterans (as defined in section 4211(6) of this title),
and servicemembers transitioning to civilian  careers who registered for assistance with, or
who are identified as veterans by,".
<< 38 USCA § 4107 >>
(B) Section 4107(c)(2) is amended--
(i) by striking"the job placement
rate" the first place it appears and inserting"the rate of entered
employment (as determined in a manner consistent with State performance measures
applicable under section 136(b) of the Workforce Investment Act of 1998)";Â
and
(ii) by striking"the job placement
rate" the second place it appears and inserting"such rate of entered
employment (as so determined)".
<< 38 USCA § 4107 >>
(C) Section 4107(c)(4) is amended by striking
"sections 4103A and 4104" and inserting"section 4212(d)".
(D) Section 4107(c) is amended--
<< 38 USCA § 4107 >>
(i) by striking
"and" at the end of paragraph (4);
<< 38 USCA § 4107 >>
(ii) by striking the period at the end
of paragraph (5) and inserting";Â and";Â and
<< 38 USCA § 4107 >>
(iii) by adding at the end the following
new paragraph:
"(6) a report on the operation during
the preceding program year of the program of performance incentive awards
for quality employment services under section 4112 of this title.".
<< 38 USCA § 4107 >>
(E) Section 4107(b), as amended by section 4(a)(3)(B), is further
amended by striking the second sentence and inserting the following:"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 performance of States and organizations and entities
carrying out employment, training, *2046 and placement services under
this chapter, as measured under subsection (b)(7) of section 4102A of this
title. In the case of a State that the Secretary determines has not met the
minimum standard of performance (established by the Secretary under subsection
(f) of such section), the Secretary shall include an analysis of the extent
and reasons for the State's failure to meet that minimum standard, together
with the State's plan for corrective action during the succeeding year.".
<< 38 USCA § 4107 NOTE >>
(2) The amendments made by paragraph (1) shall apply to reports
for program years beginning on or after July 1, 2003.
<< 38 USCA § 4109 >>
(e) CLARIFICATION OF AUTHORITY OF NVETSI TO PROVIDE TRAINING FOR
PERSONNEL OF OTHER DEPARTMENTS AND AGENCIES.--Section 4109 is amended by adding
at the end the following new subsection:
 "(c)(1) Nothing in this section
shall be construed as preventing the Institute to enter into contracts or
agreements with departments or agencies of the United States or of a State,
or with other organizations, to carry out training of personnel of such departments,
agencies, or organizations in the provision of services referred to in subsection
(a).
"(2) All proceeds collected by the Institute under a contract
or agreement referred to in paragraph (1) shall be applied to the applicable
appropriation.".
<< 38 USCA § 4100 NOTE >>
SEC. 6. COMMITTEE
TO RAISE EMPLOYER AWARENESS OF SKILLS OF VETERANS AND BENEFITS OF HIRING VETERANS.
(a) ESTABLISHMENT OF COMMITTEE.--There is established within the
Department of Labor a committee to be known as the President's National Hire
Veterans Committee (hereinafter in this section referred to as the"Committee").
(b) DUTIES.--The Committee shall establish
and carry out a national program to do the following:
(1) To furnish information to employers with respect to the training
and  skills of veterans
and disabled veterans, and the advantages afforded employers by hiring veterans
with such training and skills.
(2) To facilitate employment of veterans and disabled veterans
through participation in America's Career Kit national labor exchange, and
other means.
(c) MEMBERSHIP.--(1) The Secretary of Labor shall appoint 15 individuals
to serve as members of the Committee, of whom one shall be appointed from
among representatives nominated by each organization described in subparagraph
(A) and of whom eight shall be appointed from among representatives nominated
by organizations described in subparagraph (B).
(A) Organizations described in this subparagraph are the following:
 (i) The Ad Council.
 (ii) The National Committee for Employer Support of the Guard
and Reserve.
 (iii) Veterans' service organizations that have a national employment
program.
 (iv) State employment security agencies.
 (v) One-stop career centers.
 (vi) State departments of veterans affairs.
 (vii) Military service organizations.
*2047 (B) Organizations described in this subparagraph are
such  businesses, small businesses, industries, companies
in the private sector that furnish placement services, civic groups, workforce
investment boards, and labor unions as the Secretary of Labor determines appropriate.
(2) The following shall be ex officio, nonvoting members of the
Committee:
(A) The Secretary of Veterans Affairs.
(B) The Secretary of Defense.
(C) The Assistant Secretary of Labor for Veterans' Employment and
Training.
(D) The Administrator of the Small Business Administration.
(E) The Postmaster General.
(F) The Director of the Office of Personnel Management.
(3) A vacancy in the Committee shall be filled in the manner in
which the original appointment was made.
(d) ADMINISTRATIVE MATTERS.--(1) The Committee shall meet not less
frequently than once each calendar quarter.
(2) The Secretary of Labor shall appoint the chairman of the Committee.
(3)(A) Members of the Committee shall serve without compensation.
(B) Members of the Committee shall be allowed reasonable and necessary
travel expenses, including per diem in lieu of subsistence, at rates authorized
for persons serving intermittently in the Government service in accordance
with the provisions of subchapter I of chapter 57 of title 5 while away from
their homes or regular places of business
in the performance of the responsibilities of the Committee.
(4) The Secretary of Labor shall provide staff and administrative
support to the Committee to assist it in carrying out its duties under this
section. The Secretary shall assure positions on the staff of the Committee
include positions that are filled by individuals that are now, or have ever
been, employed as one of the following:
(A) Staff of the Assistant Secretary of Labor for Veterans' Employment
and Training under section 4102A of title 38, United States Code as in effect
on the date of the enactment of this Act.
(B) Directors for Veterans' Employment and Training under section
4103 of such title as in effect on such date.
(C) Assistant Director for Veterans' Employment and Training under
such section as in effect on such date.
(D) Disabled veterans' outreach program specialists under section
4103A of such title as in effect on such date.
(E) Local veterans' employment representatives under section 4104
of such title as in effect on such date.
(5) Upon request of the Committee, the head of any Federal department
or agency may detail, on a nonreimbursable basis,
any of the personnel of that department
or agency to the Committee to assist it in carrying out its duties.
(6) The Committee may contract with and compensate government and
private agencies or persons to furnish information to employers under subsection
(b)(1) without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
*2048 (e) REPORT.--Not later than December 31, 2003, 2004,
and 2005, the Secretary of Labor shall submit to Congress a report on the
activities of the Committee under this section during the previous fiscal
year, and shall include in such report data with respect to placement and
retention of veterans in jobs attributable to the activities of the Committee.
(f) TERMINATION.--The Committee shall terminate
60 days after submitting the report that is due on December 31, 2005.
(g) AUTHORIZATION OF APPROPRIATIONS.--There
are authorized to be appropriated to the Secretary of Labor from the employment
security administration account (established in section 901 of the Social
Security Act (42 U.S.C. 1101)) in the Unemployment Trust Fund $3,000,000 for
each of fiscal years 2003 through 2005 to carry out this section.
<< 38 USCA § 4100 NOTE >>
SEC. 7. REPORT ON IMPLEMENTATION
OF EMPLOYMENT REFORMS.
(a) STUDY.--The Comptroller General of the United States shall conduct
a study on the implementation by the Secretary of Labor of the provisions
of this Act during the program years that begin during fiscal years 2003 and
2004. The study shall include an assessment of the modifications under sections
2 through 5 of this Act of the provisions of title 38, United States Code,
and an evaluation of the impact of those modifications, and of the actions
of the President's National Hire Veterans Committee under section 6 of this
Act, to the provision of employment, training, and placement services provided
to veterans under that title.
(b) REPORT.--Not later than 6 months after the conclusion of the
program year that begins during fiscal year 2004, the Comptroller General
shall submit to Congress a report on the study conducted under subsection
(a). The report shall include such recommendations as the Comptroller General
determines appropriate, including recommendations for legislation or administrative
action.
Approved November 7, 2002.
LEGISLATIVE HISTORY--H.R. 4015:
HOUSE REPORTS: No. 107-476 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 148 (2002):
May 20, 21, considered and passed House.
Oct. 15, considered and passed Senate, amended.
Oct. 16, House concurred in Senate amendments.
PL 107-288, 2002 HR 4015
END OF DOCUMENT