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JOBS FOR VETERANS ACT

H.R. 4015, AS AMENDED 

TITLE:  To amend title 38, United States Code, to revise and improve employment, training, and placement services furnished to veterans, and for other purposes. 

H.R. 4015, as amended, will: 

1.      Provide priority of service to veterans and spouses of certain veterans for the receipt of employment, training, and placement services in any job training program directly funded, in whole or in part, by the Department of Labor, notwithstanding any other provision of law. 

2.      Provide, with respect to Federal contracts and subcontracts in the amount of $100,000 or more, that the contractor and any subcontractor take affirmative action to employ and advance qualified veterans in employment, including immediately listing employment openings for such contracts through the appropriate employment delivery system.   

3.      Replace the Veterans Readjustment Appointment authority and its 10-year eligibility period with a Veterans Recruitment Appointment authority and an unlimited eligibility period.  This provision also makes certain eligibility changes.    

4.      Require the Secretary to carry out a program of financial and non-financial performance incentive awards to be administered by the States to encourage the improvement and modernization of employment, training and placement services for veterans.  

5.      Make the position of Deputy Assistant Secretary for Veterans’ Employment and Training (DASVET) a federal civil service position; the individual appointed to this position will be required to have at least five years of Federal civil service employment in a management position or a comparable position in the Armed Forces preceding appointment as DASVET.   

6.      Include, among the conditions for receipt of funding by States, a requirement that a State submit an application for a grant or contract describing the plan by which the State is to furnish employment, training, and placement services.  

7.      Revise the methods by which the Secretary furnishes funds to a State.  Require the Secretary to make funds available for a fiscal year to each State 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.  The proportion of funding will reflect the ratio of the total number of veterans seeking employment in the State to the total number of veterans seeking employment in all States.   

8.      Require that the Secretary phase in the funding described by paragraph seven over a three fiscal year period that begins on October 1, 2002.    

9.      Authorize the Secretary to establish minimum funding levels and “hold-harmless” criteria in administering funding to the States.     

10. Require the Secretary to establish in regulations a uniform national threshold entered-employment rate for a program year by which determinations of deficiency in program performance may be made.  The Secretary will be required to 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.        

11. Require that when a State has an entered-employment rate that the Secretary determines was deficient for the preceding year, the State must develop and implement a corrective action plan that is submitted to and approved by the Secretary. 

12. Require the Secretary to establish a technical assistance program to assist States that have or may have a deficient entered-employment rate. 

13. Give the Secretary authority to determine the duties of the Regional Administrator for Veterans’ Employment and Training.   

14. Require the Assistant Secretary of Labor for Veterans’ Employment and Training to establish and implement a comprehensive accountability system to measure the performance of delivery systems in a State.  Require such standards and measures to be (1) consistent with State performance measures applicable under section 136(b) of the Workforce Investment Act of 1998, and (2) appropriately weighted to provide special consideration for placement of veterans who require intensive services, or who enroll in readjustment counseling services furnished by the Department of Veterans Affairs.        

15. Require the Secretary to assign to each State a representative of the Veterans’ Employment and Training Service (VETS) to serve as the Director for Veterans’ Employment and Training (DVET) and full-time Federal clerical or other support personnel to each Director; authorize the Secretary to assign other supervisory personnel as the Secretary determines appropriate.   

16. Require, subject to approval by the Secretary, that States employ a sufficient number of full or part-time Disabled Veterans Outreach Program Specialist (DVOPS) to carry out intensive services to meet the employment needs of special disabled veterans, other disabled veterans and other eligible veterans.  Require to the maximum extent practicable that such employees be qualified veterans, with preference given to qualified disabled veterans.        

17. Require, subject to approval by the Secretary, that a State employ such full and part-time Local Veterans Employment Representatives (LVERs) as the State determines appropriate and efficient to carry out employment, training and placement services.  (To the maximum extent practicable, such employees would be qualified veterans or eligible persons.)    

18. Allow the Secretary to gain performance credit, through the States, for assisting servicemembers in transition to civilian careers. 

19. Require the Secretary, within 18 months of enactment, to enhance the delivery of services by providing “one-stop” services and assistance to covered persons electronically by the Internet and by other electronic means. 

20. Clarify the authority of the National Veterans’ Employment and Training Services Institute (NVETSI) 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 in providing veterans’ employment, training, and placement services.  Require that each annual budget submission include a separate listing of the funding requested for NVETSI.    

21. Authorize $3 million to be appropriated to the Secretary of Labor from the employment security administration account in the Unemployment Trust Fund for each of fiscal years 2003 through 2005 to establish within the Department of Labor the President’s National Hire Veterans Committee.  The Committee would furnish information to employers on the training and skills of veterans and disabled veterans, and on the advantages afforded employers by hiring veterans.    

22. Require a Comptroller General study on effectiveness of implementation of provisions in this title not later than six months after the conclusion of the program year that begins during fiscal year 2004. 

EFFECTIVE DATE:  Date of enactment except the following sections: 

Sec. 2(b):  The amendments made by this section are summarized in paragraph two above, and would 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.

Sec 2(c):  The amendments made by this section are summarized in paragraph three above, and 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) as in effect on the date before the date of enactment of this Act.

Sec 4(a):  The amendments made by this subsection are summarized in paragraph five above, and shall take effect on the date of enactment of this Act, and apply for program and fiscal years under chapter 41 of title 38, United States Code, beginning on or after such date.

Sec 4(b):  The amendment made by this section are summarized in paragraphs six and seven above, and shall take affect on the date of enactment of this Act, and apply to budget submissions for fiscal year 2004 and each subsequent fiscal year.

Sec. 5(d):  The amendments made by paragraph (1) are summarized in paragraphs 10 and 11 above, and shall apply to reports for program years beginning on or after July 1, 2003. 

LEGISLATIVE HISTORY:

May 9, 2002:  H.R. 4015 ordered reported amended favorably by the Committee on Veterans’ Affairs.

May 20, 2002:  H.R. 4015 reported amended favorably by the Committee on Veterans’ Affairs. H. Rept. 107-476.

May 20, 2002:  Considered under suspension of the rules.  At the conclusion of debate, the Yeas and Nays were demanded and ordered.  Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

            May 21, 2002:  Considered as unfinished business.  On motion to suspend the rules and pass the bill, as amended, agreed to by the Yeas and Nays: 409-0 (Roll No. 184).

            May 22, 2002:  Referred to the Senate Committee on Veterans’ Affairs.

            October 15, 2002:  Senate Committee on Veterans’ Affairs discharged by unanimous consent.

            October 15, 2002:  Passed the Senate with an amendment by unanimous consent.

            October 16, 2002:  The Majority Leader asked unanimous consent that the House agree to the Senate amendment.

            October 16, 2002:  On motion that the House agree to the Senate amendment.  Agreed to without objection.

            November 7, 2002:  Signed by the President, Public Law 107-288.