HR 4015–
PASSED THE HOUSE ON MAY 21, 2002
JOBS FOR VETERANS ACT
Prime Sponsor: Mr. Michael K.
Simpson (ID)
H.R. 4015 – Passed the House
on May 21, 2002
H. R. 4015
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; TABLE OF CONTENTS.
(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.
(c) TABLE OF CONTENTS- The table of contents
of this Act is as follows:
Sec. 1. Short title; references to title 38,
United States Code.
Sec. 3. Performance incentive awards for
quality veterans employment, training, and placement
services.
Sec. 6. Committee to raise employer
awareness of skills of veterans and benefits of hiring
veterans.
Sec. 8. Study on economic benefits to the
United States of long-term sustained employment of veterans.
SEC. 2. PRIORITY OF SERVICE FOR
VETERANS IN DEPARTMENT OF LABOR JOB TRAINING PROGRAMS.
(a) VETERANS' JOB TRAINING ASSISTANCE-
`Sec. 4215. Priority of service for veterans in
Department of Labor job training programs
`(a) DEFINITIONS- In this section:
`(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: (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.
`(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.
`(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 2002 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
levels of service of such programs are 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.'.
(2) CLERICAL AMENDMENT- 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:
(b) Employment of Veterans With Respect to
Federal Contracts-
`(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 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; 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.
`(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
12985 (61 Fed. Reg. 1209).
`(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.'.
`(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; and'.
(c) EMPLOYMENT WITHIN THE FEDERAL GOVERNMENT-
`(A) Except as provided in subparagraph (B), a
qualified covered veteran may receive such an appointment only
within the 10-year period that begins on the date of the
veteran's last discharge or release from active duty.'.
`(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.'.
(C) Section 4214(g) is amended by striking
`qualified' the first place it occurs and all that follows
through `era' the first place it occurs and inserting
`qualified covered veterans'.
SEC. 3. PERFORMANCE INCENTIVE
AWARDS FOR QUALITY VETERANS EMPLOYMENT, TRAINING, AND PLACEMENT
SERVICES.
(a) PERFORMANCE INCENTIVE AWARDS FOR QUALITY
EMPLOYMENT, TRAINING, AND PLACEMENT SERVICES-
`Sec. 4112. Performance incentive awards for
quality employment, training, and placement services
`(a) PROGRAM OF PERFORMANCE INCENTIVE AWARDS-
(1) The Secretary shall carry out a program, consistent with
the provisions of this section, of performance incentive
awards to States to encourage the improvement and
modernization of employment, training, and placement services
provided under this chapter. The Secretary shall carry out the
program through the Assistant Secretary of Labor for Veterans'
Employment and Training.
`(2) The Secretary shall make performance
incentive awards for each program year, beginning with the
program year that begins in fiscal year 2004, with respect to
services provided under this chapter during the preceding
program year.
`(b) CRITERIA FOR ELIGIBILITY FOR AWARDS- The
Secretary shall establish criteria for eligibility for
performance incentive awards for purposes of this section 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.
`(c) DETERMINATION OF AMOUNT OF AWARD- (1) The
Secretary shall determine the amount of performance incentive
awards in a State under this section by measuring the
performance of the State in providing employment, training,
and placement services furnished veterans and eligible persons
in each State through employment service delivery systems,
through disabled veterans' outreach program specialists, and
through local veterans' employment representatives during the
previous program year based on the measures of performance
established under section 4102A(b)(7) of this title.
`(2) In determining the amount of awards under
paragraph (1), the Secretary shall--
`(A) provide greater amounts to those States
which the Secretary determines furnished, during the
preceding fiscal year, the highest quality employment,
training, and placement services based on measures of
performance;
`(B) provide awards to those States that
have made significant improvements in the delivery of such
services, as determined by the Secretary, but do not meet
the criteria under subparagraph (A); and
`(C) consider the applicable annual
unemployment data for the State and other factors, such as
prevailing economic conditions, that affect performance of
individuals providing employment, training, and placement
services in the State.
`(d) USE OF AWARD- Amounts received by a State
under this section may be used--
`(2) for such other purposes related to the
provision of employment, placement, and training services as
the Secretary may approve for such services furnished under
this chapter to veterans and eligible persons.
`(e) RELATIONSHIP OF AWARD TO GRANT AMOUNTS OR
OTHER COMPENSATION- A performance incentive award under this
section is in addition to amounts made available to a State
under section 4102A(b)(5) of this title.
`(f) AVAILABILITY FOR OBLIGATION- Amounts
received in a performance incentive award under this section
may be obligated by the State during the program year in which
the award was received and the subsequent program year.
`(g) APPROPRIATIONS- The Secretary shall carry
out the program under this section from amounts appropriated
pursuant to the authorization under section 4106(b)(2) of this
title. Such amounts shall only be available to carry out the
program under this section.'.
(2) 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.'.
(b) AUTHORIZATION OF APPROPRIATIONS- Section
4106(b) is amended--
`(2) In addition to amounts authorized to be
appropriated under paragraph (1), there are authorized to be
appropriated to the Secretary to carry out the program of
performance incentive awards under section 4112 of this title
the following:
`(A) For the program year beginning during
fiscal year 2004, $10,000,000.
`(B) For the program year beginning during
fiscal year 2005, $25,000,000.
`(C) For the program year beginning during
fiscal year 2006, $50,000,000.
`(D) For the program year beginning during
fiscal year 2007, $75,000,000.
`(E) For the program year beginning during
fiscal year 2008, $100,000,000.
`(F) For the program year beginning during
fiscal year 2009 and each subsequent fiscal year, such sums
as are necessary.'.
SEC. 4. REFINEMENT OF JOB
TRAINING AND PLACEMENT FUNCTIONS OF THE DEPARTMENT.
(a) REVISION OF DEPARTMENT LEVEL SENIOR
OFFICIALS AND FUNCTIONS-
`Sec. 4102A. Assistant Secretary of Labor for
Veterans' Employment and Training; program functions; 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. The Assistant Secretary of Labor for Veterans'
Employment and Training shall be a veteran.
`(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. The Deputy
Assistant Secretary shall be a veteran.
`(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
continuous service in the Federal civil service in the
executive branch immediately preceding appointment as the
Deputy Assistant Secretary. For purposes of determining such
continuous service of an individual, there shall be excluded
any service by the individual in a position--
`(i) of a confidential, policy-determining,
policy-making, or policy-advocating character;
`(ii) in which the individual served as a
noncareer appointee in the Senior Executive Service, as such
term is defined in section 3132(a)(7) of title 5; or
`(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 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--
`(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, 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). 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--
`(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--
`(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) 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 and implement a corrective action plan
to improve that rate for veterans in the State. The State
shall submit the corrective action plan to the Secretary.
`(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.
`(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
`(5) Each grant or contract by which funds are
made available to a State shall contain a provision requiring
the recipient of the funds--
`(B) on an annual basis, to notify to
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.
`(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. A person may not be assigned after October 9, 1996, as
such a Regional Administrator unless the person is a veteran.
`(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 3 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, 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--
`(A) be consistent with State performance
measures applicable under section 136(b) of the Workforce
Investment Act of 1998; 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.
`Sec. 4103. Directors and Assistant Directors
for Veterans' Employment and Training; 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) 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.'.
`4102A. Assistant Secretary of Labor for
Veterans' Employment and Training; program functions;
Regional Administrators.
`4103. Directors and Assistant Directors for
Veterans' Employment and Training; additional Federal
personnel.'.
(ii) The table of sections at the beginning
of chapter 41 is amended by striking the item relating to
section 4104A.
(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'.
(4) EFFECTIVE DATE- The amendments made by
this subsection shall take effect on December 1, 2002, and
shall apply to appointments made on or after that date.
(b) REVISION OF STATUTORILY DEFINED DUTIES OF
DISABLED VETERANS' OUTREACH PROGRAM SPECIALISTS AND LOCAL
VETERANS' EMPLOYMENT REPRESENTATIVES-
(1) DISABLED VETERANS' OUTREACH PROGRAM
SPECIALISTS- Section 4103A is amended by striking all after
the heading and inserting the following:
`(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:
`(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.'.
(2) LOCAL VETERANS' EMPLOYMENT
REPRESENTATIVES- 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; and
`(2) facilitate employment, training, and
placement services furnished to veterans in a State under
the applicable State employment service delivery systems.
`(c) PREFERENCE FOR QUALIFIED VETERANS- A
State shall, to the maximum extent practicable, employ
qualified veterans to carry out the services referred to in
subsection (a).
`(d) REPORTING- Each local veterans'
employment representative shall be administratively
responsible to the manager of the employment service delivery
system and shall provide reports, not less frequently than
quarterly, to the manager of such office and to the Director
for Veterans' Employment and Training for the State regarding
compliance with Federal law and regulations with respect to
special services and priorities for eligible veterans and
eligible persons.'.
(3) EFFECTIVE DATE- The amendments made by
this subsection shall take effect on December 1, 2002, and
shall apply to appointments made on or after that date.
(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.
(d) REQUIREMENT FOR BUDGET LINE ITEM FOR
TRAINING SERVICES INSTITUTE-
(1) IN GENERAL- 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.'.
(2) EFFECTIVE DATE- 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.
(e) CONFORMING AMENDMENTS- (1) Section
4107(c)(5) is amended by striking `(including the need' and
all that follows through `representatives)'.
(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; and'.
SEC. 5. ADDITIONAL IMPROVEMENTS
IN VETERANS EMPLOYMENT AND TRAINING SERVICES.
(a) INCLUSION OF INTENSIVE SERVICES-
`(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.'.
(B) Section 4102 is amended by striking `job
and job training counseling service program,' and inserting
`job and job training intensive services program,'.
(C) Section 4106(a) is amended by striking
`proper counseling' and inserting `proper intensive
services'.
(D) Section 4107(a) is amended by striking
`employment counseling services' and inserting `intensive
services'.
(E) Section 4107(c)(1) is amended by
striking `the number counseled' and inserting `the number
who received intensive services'.
(F) Section 4109(a) is amended by striking
`counseling,' each place it appears and inserting `intensive
services,'.
(2) EFFECTIVE DATE- The amendments made by
paragraph (1) shall take effect on the date of the enactment
of this Act.
(b) ADDITIONAL VETS DUTY TO IMPLEMENT
TRANSITIONS TO CIVILIAN CAREERS-
(1) IN GENERAL- (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'.
(2) EFFECTIVE DATE- The amendments made by
paragraph (1) shall take effect on the date of the enactment
of this Act.
(c) MODERNIZATION OF EMPLOYMENT SERVICE
DELIVERY POINTS TO INCLUDE TECHNOLOGICAL INNOVATIONS-
`(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.'.
(2) EFFECTIVE DATE- 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-
(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,'.
(C) Section 4107(c)(4) is amended by
striking `sections 4103A and 4104' and inserting `section
4212(d)'.
`(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, including an analysis of the
amount of incentives distributed to each State and the
rationale for such distribution.'.
(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, 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.'.
(2) EFFECTIVE DATE- The amendments made by
paragraph (1) shall apply to reports for program years
beginning on or after July 1, 2002.
(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.'.
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).
(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:
(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).
(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.
SEC. 7. SENSE OF
CONGRESS COMMENDING VETERANS AND MILITARY SERVICE ORGANIZATIONS.
It is the sense of Congress that--
(1) veterans and military service
organizations are to be commended for the continued
assistance the organizations provide veterans; and
SEC. 8. STUDY ON
ECONOMIC BENEFITS TO THE UNITED STATES OF LONG-TERM SUSTAINED
EMPLOYMENT OF VETERANS.
(a) STUDY- The Secretary of Labor shall enter
into a contract with an appropriate organization or entity to
conduct a study to quantify the economic benefit to the United
States attributable to the provision of employment and
training services under chapter 41 of title 38, United States
Code, in assisting veterans to attain long-term, sustained
employment. Such study shall include analyses on the impact of
such employment on Federal, State, and local tax generated by
reason of such employment, the contributions of such
employment on the domestic gross national product, and such
other indicators of the effect of such employment on the
economy of the United States.
(b) REPORT- A condition of the contract under
subsection (a) shall be that the organization submit to the
Secretary of Labor a report on the study conducted by the
organization not later than 18 months after the date on which
that Secretary enters into such contract.
(c) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated to the Secretary of Labor
$1,000,000 to carry out the provisions of this section, such
sums to remain available until expended.
Passed the House of Representatives May 21,
2002. |