PUBLIC LAW 107–288—NOV. 7, 2002 116 STAT. 2033

Public Law 107–288

107th Congress

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.

(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:

‘‘§ 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: (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.

38 USC 101 note.

Jobs for Veterans

Act.

Nov. 7, 2002

[H.R. 4015]

116 STAT. 2034 PUBLIC LAW 107–288—NOV. 7, 2002

‘‘(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.’’. (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 CON- TRACTS.—(1) Section 4212(a) is amended to read as follows:

PUBLIC LAW 107–288—NOV. 7, 2002 116 STAT. 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; 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.’’.

(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)’’.

(B) Section 4212(d)(1) is amended—

(i) in the matter preceding subparagraph (A), by striking

‘‘of this section’’ after ‘‘subsection (a)’’; and

Regulations.

116 STAT. 2036 PUBLIC LAW 107–288—NOV. 7, 2002

(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; and’’.

(C) Section 4212(d)(2) is amended by striking ‘‘of this subsection’’ after ‘‘paragraph (1)’’.

(D) Section 4211(6) is amended by striking ‘‘one-year period’’

and inserting ‘‘three-year period’’.

(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.

(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.’’; and

(B) in the second sentence, by striking ‘‘major’’ and

inserting ‘‘uniquely qualified’’.

(2) Section 4214(b) is amended—

(A) in paragraph (1), by striking ‘‘readjustment’’ and

inserting ‘‘recruitment’’;

(B) in paragraph (2), by striking ‘‘to—’’ and all that follows

through the period at the end and inserting ‘‘to qualified covered

veterans.’’;

(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—

(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))’’; and

(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.’’.

(B) Clause (i) of section 4214(e)(2)(B) is amended by striking

‘‘of the Vietnam era’’.

(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’’; and

(ii) by striking ‘‘under section 1712A of this title’’ and

all that follows and inserting ‘‘under section 1712A of this

title.’’.

(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)

Applicability.

38 USC 4214

note.

Applicability.

Effective date.

PUBLIC LAW 107–288—NOV. 7, 2002 116 STAT. 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:

‘‘§ 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; 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; 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).’’.

116 STAT. 2038 PUBLIC LAW 107–288—NOV. 7, 2002

(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:

‘‘§ 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.

‘‘(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

PUBLIC LAW 107–288—NOV. 7, 2002 116 STAT. 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). 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—

116 STAT. 2040 PUBLIC LAW 107–288—NOV. 7, 2002

‘‘(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; 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.

Regulations.

Effective date.

PUBLIC LAW 107–288—NOV. 7, 2002 116 STAT. 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; 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—

Deadline.

116 STAT. 2042 PUBLIC LAW 107–288—NOV. 7, 2002

‘‘(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.

‘‘(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.

‘‘§ 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) 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.’’.

(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; program functions; Regional Administrators.

‘‘4103. Directors and Assistant Directors for Veterans’ Employment and Training;

additional Federal personnel.’’.

(3)(A)(i) Section 4104A is repealed.

(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) The amendments made by this subsection shall take effect

on the date of the enactment of this Act, and apply for program

38 USC 4102A

note.

PUBLIC LAW 107–288—NOV. 7, 2002 116 STAT. 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: ‘‘(a) REQUIREMENT FOR EMPLOYMENT BY STATES OF A SUFFI- CIENT 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.’’.

(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; 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). 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

116 STAT. 2044 PUBLIC LAW 107–288—NOV. 7, 2002

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) 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.

(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) 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) 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.—(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.’’.

(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) The amendments made by paragraph (1) shall take effect

on the date of the enactment of this Act.

Effective date.

38 USC 4101

note.

38 USC 4106

note.

Deadline.

38 USC 4215

note.

Effective date.

38 USC 4103A

note.

PUBLIC LAW 107–288—NOV. 7, 2002 116 STAT. 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’’.

(2) 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.—(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 WagnerPeyser Act.’’. (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—

(i) by striking ‘‘veterans of the Vietnam era,’’; 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,’’.

(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)’’; and

(ii) by striking ‘‘the job placement rate’’ the second place

it appears and inserting ‘‘such rate of entered employment

(as so determined)’’.

(C) Section 4107(c)(4) is amended by striking ‘‘sections 4103A

and 4104’’ and inserting ‘‘section 4212(d)’’.

(D) Section 4107(c) is amended—

(i) by striking ‘‘and’’ at the end of paragraph (4);

(ii) by striking the period at the end of paragraph (5)

and inserting ‘‘; and’’; and

(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.’’.

(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,

Deadline.

Reports.

Effective date.

38 USC 4101

note.

Effective date.

38 USC 4102

note.

116 STAT. 2046 PUBLIC LAW 107–288—NOV. 7, 2002

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) The amendments made by paragraph (1) shall apply to

reports for program years beginning on or after July 1, 2003.

(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).

(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.

38 USC 4100

note.

Applicability.

38 USC 4107

note.

PUBLIC LAW 107–288—NOV. 7, 2002 116 STAT. 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).

116 STAT. 2048 PUBLIC LAW 107–288—NOV. 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.

Æ

(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. 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.

Deadline.

38 USC 4100

note.

Deadlines.