(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents; references to title 38, United States Code.
Sec. 2. Priority of service for veterans in Federal employment and training pro-
grams.
Sec. 3. Modernization of veterans employment and training services.
Sec. 4. Committee to raise employer awareness of skills of veterans and benefits
of hiring veterans.
Sec. 5. Sense of Congress commending veterans service organizations.
Sec. 6. Study on economic benefits to the United States of long-term sustained
employment of veterans.
(c) 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 provi-
sion, 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 FEDERAL
EMPLOYMENT AND TRAINING PROGRAMS.
(a) VETERANS’ EMPLOYMENT AND TRAINING AS-
SISTANCE.—
(1) IN GENERAL.—Chapter 42 is amended by
adding at the end the following new section:
‘‘§ 4215. Priority of service for veterans in Federal
employment and training programs
‘‘(a) ENTITLEMENT TO PRIORITY OF SERVICE.—A
covered person is entitled to priority of service under any
qualified employment training program if the person oth-
erwise meets the eligibility requirements for participation
in such program.
‘‘(b) ADMINISTRATION OF PROGRAMS AT STATE AND
LOCAL LEVELS.—(1) An entity of a State or a political
subdivision of the State that administers or delivers serv-
ices under a qualified employment training program
shall—
‘‘(A) provide information and effective referral
assistance to covered persons regarding benefits and
services that may be obtained through other entities
or service providers; and
‘‘(B) ensure that each covered person who ap-
plies to or who is assisted by such a program is in-
formed of the employment-related rights and bene-
fits to which the person is entitled under this sec-
tion.
‘‘(2) Each council, board, or advisory body of a State
or a political subdivision of the State that is established
in support of a qualified employment training program
shall include representation from the veterans community,
particularly from veterans service organizations.
‘‘(c) ANNUAL REPORT.—By not later than December
31, 2001, and each December 31 thereafter, the Secretary
of Labor, following review and comment by the Advisory
Committee on Veterans Employment and Training, shall
submit to the Committees on Veterans’ Affairs of the
House of Representatives and Senate a report. The report
shall evaluate whether covered persons are receiving pri-
ority of service and are being fully served by qualified em-
ployment 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, includ-
ing within groups targeted by such programs, if any.
‘‘(d) DEFINITIONS.—As used in this section:
‘‘(1) The term ‘covered person’ means any of
the following individuals:
‘‘(A) A veteran who has a service-con-
nected disability.
‘‘(B) A veteran who served on active duty
in the Armed Forces during a war or in a cam-
paign or expedition for which a campaign badge
has been authorized.
‘‘(C) The spouse of any of the following
persons:
‘‘(i) Any person 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) cap-
tured 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 person who has a total dis-
ability permanent in nature resulting from
a service-connected disability.
‘‘(iv) A veteran who died while a dis-
ability so evaluated was in existence.
‘‘(2) The term ‘qualified employment training
program’ means any work force preparation, devel-
opment, or delivery program or service that receives
federal funding, and includes the following:
‘‘(A) Any such program or service that
uses technology to assist individuals to access
work force development programs (such as job
and training opportunities, labor market infor-
mation, 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 pro-
gram, and those programs implemented by
States or local service providers based on Fed-
eral block grants.
‘‘(C) Any such program or service that is
a work force development program targeted to
specific groups.
‘‘(3) The term ‘priority of service’ means, with
respect to any qualified employment training pro-
gram, that a covered veteran shall be given priority
over nonveterans of the employment and training
services provided under that program notwith-
standing any priority list, directive, rule, regulation,
or other order from any Department or agency of
the United States.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions 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 Federal employment and training pro-
grams.’’.
(b) EMPLOYMENT OF VETERANS WITH RESPECT TO
FEDERAL CONTRACTS.—
(1) IN GENERAL.—Section 4212(a) is amended
to read as follows:
‘‘(a)(1) Any contract in the amount of $25,000 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 cov-
ered veterans. This section applies to any subcontract en-
tered 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 con-
tracts and subcontracts and in order to promote the imple-
mentation of such requirement, the Secretary of Labor
shall prescribe regulations requiring that—
‘‘(A) each such contractor undertake in each
such contract to list all of its employment openings
immediately with the appropriate employment serv-
ice delivery system (as defined in section 4101(7) of
this title), including local employment service offices,
one-stop career centers under the Workforce Invest-
ment Act of 1998, other appropriate service delivery
points, or America’s Job Bank (or any additional or
subsequent national computerized job bank estab-
lished by the Department of Labor), except that the
contractor may exclude openings for positions which
suant 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
reasonable accommodation.’’.
(2) CONFORMING
AND
TECHNICAL
AMEND-
MENTS.—Section 4212 is amended—
(A) by striking subsection (b) and redesig-
nating subsections (c) and (d) as subsections
(b) and (c), respectively;
(B) in subsection (b), as so redesignated—
(i) by striking ‘‘filed pursuant to sub-
section (b) of this section’’ and inserting
‘‘relating to this section filed pursuant to
section 4216 of this title’’;
(ii) by striking ‘‘suitable’’; and
(iii) by striking ‘‘subsection (a)(2) of
this section’’ and inserting ‘‘subsection
(a)(2)(B)’’; and
(C)(i) in paragraph (1) of subsection (c),
as so redesignated—
(I) in the matter preceding subpara-
graph (A), by striking ‘‘subsection (a) of
this section’’ and inserting ‘‘subsection
(a)’’; and
(II) by amending subparagraphs (A)
and (B) to read as follows:
‘‘(A) the number of employees in the work force
of such contractor, by job category and hiring loca-
tion, and the number of such employees, by job cat-
egory 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’’; and
(ii) in paragraph (2) of such subsection, by
striking ‘‘paragraph (1) of this subsection’’ and
inserting ‘‘paragraph (1)’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply with respect to con-
tracts entered into on or after the date that is 60
days after the date of the enactment of this Act.
(c) EMPLOYMENT WITHIN THE FEDERAL GOVERN-
MENT.—
(1) IN GENERAL.—The second sentence of sec-
tion 4214(a) is amended—
(A) by inserting ‘‘, competent’’ after ‘‘ef-
fective’’; and
(B) by striking ‘‘major’’ and inserting
‘‘uniquely qualified’’.
(2) TECHNICAL
AMENDMENTS.—(A) Section
4214(b)(1) is amended by striking ‘‘readjustment’’
and inserting ‘‘recruitment’’.
(B) Section 4214(g) is amended by striking
‘‘qualified’’ the first place it occurs and all that fol-
lows through ‘‘era’’ and inserting ‘‘qualified covered
veterans (as described in section 4212(a) of this
title)’’.
(d) ENFORCEMENT
OF VETERANS’ EMPLOYMENT
RIGHTS AND BENEFITS.—
(1) IN GENERAL.—Chapter 42 as amended by
subsection (a)(1), is further amended by adding at
the end the following new section:
‘‘§ 4216. Enforcement of veterans’ employment rights
and benefits
‘‘(a) ASSISTANCE OF SECRETARY OF LABOR.—The
Secretary of Labor (through the Assistant Secretary of
Labor for Veterans’ Employment and Training) shall pro-
vide assistance to any person or entity with respect to the
requirements of sections 4212 (relating to United States
contracts) and 4215 (relating to federally funded work
force programs and services) of this title.
‘‘(b) COMPLAINT.—(1) An individual described in
section 4212(a) or in section 4215(a) of this title may file
a complaint with the Secretary of Labor if the individual
believes that—
‘‘(A) the individual is entitled to rights or bene-
fits under section 4212 or 4215; and
‘‘(B) an entity with obligations under either of
such sections has failed to comply or refuses to com-
ply with the provisions of such sections.
‘‘(2) Such complaint shall be in writing, be in such
form as the Secretary of Labor may prescribe, include the
name and address of the party against whom the com-
plaint is filed, and contain a summary of the allegations
that form the basis for the complaint.
‘‘(3) A complaint may only be filed under paragraph
(1) within 90 days after the date of a failure or refusal
described in paragraph (1)(B).
‘‘(c) INVESTIGATION OF COMPLAINT.—(1) The Sec-
retary of Labor shall promptly investigate the complaint
filed under subsection (b). If the Secretary of Labor deter-
mines as a result of the investigation that the action al-
leged in such complaint occurred, that Secretary shall at-
tempt to resolve the complaint by making reasonable ef-
forts to ensure that the party named in the complaint
complies with the provisions of section 4212 or 4215, as
appropriate.
‘‘(2) If, within 90 days after the date on which the
complaint is filed, the efforts to resolve the complaint are
unsuccessful, the Secretary of Labor shall notify the indi-
vidual who submitted the complaint of—
‘‘(A) the results of the investigation; and
‘‘(B) the individual’s rights.
‘‘(d) ACTION FOR RELIEF.—(1) An individual who
receives from the Secretary of Labor a notification under
subsection (c) relating to a complaint may request that
Secretary to refer the complaint to the Attorney General
of the United States. If the Attorney General is reasonably
satisfied that the person on whose behalf the complaint
is referred is entitled to the rights or benefits sought, the
Attorney General may appear on behalf of, and act as at-
torney for, the person on whose behalf the complaint is
submitted and commence an action for relief for such per-
son in any United States district court.
‘‘(2) An individual may commence an action for relief
with respect to a complaint if that individual—
‘‘(A) has chosen not to file a complaint under
subsection (b);
‘‘(B) has chosen not to request that the Sec-
retary of Labor refer the complaint to the Attorney
General under paragraph (1); or
‘‘(C) has been refused representation by the At-
torney General with respect to the complaint under
such paragraph.
‘‘(e) REMEDIES.—(1) In any action under this sec-
tion, the court may award relief as follows:
‘‘(A) The court may require the entity to com-
ply with the provisions of section 4212 or 4215 of
this title, as appropriate.
‘‘(B) The court may require the entity to com-
pensate the individual for any loss of wages or bene-
fits suffered by reason of such entity’s failure to
comply with the such provisions.
‘‘(C) The court may require the entity to pay
the individual an amount equal to the amount re-
ferred to in clause (ii) as liquidated damages, if the
court determines that the entity’s failure to comply
with the provisions of such section was willful.
‘‘(2) Any compensation under subparagraph (B) or
(C) of paragraph (1) shall be in addition to, and shall not
diminish, any of the other rights and benefits provided for
in such section.
‘‘(j) INAPPLICABILITY OF STATE STATUTE OF LIMI-
TATIONS.—No State statute of limitations shall apply to
any proceeding pursuant to this section.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 42, as amended by
subsection (a)(2), is further amended by inserting
after the item relating to section 4215 the following
new item:
‘‘4216. Enforcement of veterans’ employment rights and benefits.’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply with respect to com-
plaints filed on or after the date that is 60 days
after the date of the enactment of this Act.
(e) ADDITIONAL PERSONNEL.—The Secretary of
Labor is authorized to allocate an additional 10 full-time
equivalent positions from the Employment and Training
Administration to the Veterans’ Employment and Train-
ing Service to carry out chapter 42 of title 38, United
States Code, as amended by this Act.
SEC. 3. MODERNIZATION OF VETERANS EMPLOYMENT AND
TRAINING SERVICES.
(a) DEMONSTRATION PROGRAM TO MODERNIZE EM-
PLOYMENT, TRAINING, AND PLACEMENT SERVICES.—
(1) IN GENERAL.—Chapter 41 is amended by
adding at the end the following new section:
‘‘§ 4112. Demonstration program to modernize vet-
erans employment, training, and place-
ment services
‘‘(a) ESTABLISHMENT OF 5-YEAR DEMONSTRATION
PROGRAM.—(1) During the five-fiscal-year period begin-
ning fiscal year 2002, the Secretary shall carry out the
provisions of this chapter under the demonstration pro-
gram established under this section to improve and mod-
ernize employment, training, and placement services under
this chapter. The Secretary shall carry out the demonstra-
tion project through the Assistant Secretary of Labor for
Veterans’ Employment and Training.
‘‘(2) Sums authorized to be appropriated to carry out
this chapter under section 4106 of this title shall, for such
five-fiscal-year period, be made available only to carry out
the demonstration program under this section. In no case
may the aggregate amount of funds made available to the
Secretary under subsections (a) though (d) of section
4106 of this title for fiscal year 2001 and each succeeding
fiscal year be less than the sum of—
‘‘(A) such aggregate amount made available to
the Secretary for fiscal year 2000, and
‘‘(B) amounts that, by reason of law or regula-
tion, are attributable to the increases in salaries of
individuals providing employment and training serv-
ices under such chapters from fiscal year 2000 up
to the fiscal year involved.
‘‘(3)(A) The Secretary shall establish a panel within
the Advisory Committee on Veterans Employment and
Training under section 4110 of this title comprised of
State public employment service officials, including dis-
abled veterans’ outreach program specialists and local vet-
erans’ employment representatives. Such officials shall ad-
vise the Secretary on the development and implementation
of the demonstration program under this section with re-
spect to matters arising under the program at local deliv-
ery points in the employment service delivery system.
‘‘(B) Representation on the panel of State public em-
ployment service officials shall consist of 7 members ap-
pointed from among disabled veterans’ outreach program
specialists, local veterans’ employment representatives,
State employment service agencies, and other officials that
the Secretary determines to be appropriate.
‘‘(b) ESTABLISHMENT
OF PERFORMANCE STAND-
ARDS AND OUTCOMES MEASURES.—(1) By not later than
September 30, 2001, the Assistant Secretary of Labor for
Veterans’ Employment and Training shall establish and
implement a comprehensive performance accountability
system to measure the performance of veterans employ-
ment and training staff (as defined in paragraph (3)) to
provide accountability of such staff to the Secretary for
purposes of subsection (c), and to determine compliance
by State public employment service agencies with the pro-
visions of this chapter and chapter 42 of this title.
‘‘(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;
‘‘(B) include the core indicators of performance
described in subclauses (I) through (III) of section
136(b)(2)(A)(i) of that Act; and
‘‘(C) be appropriately weighted to provide spe-
cial consideration for placement of (i) veterans with
barriers to employment, such as special disabled vet-
erans, and disabled veterans, and (ii) veterans who
enroll in readjustment counseling under section
1712A of this title.
‘‘(3) In this section, the term ‘veterans employment
and training staff’ means an individual providing services
required under this chapter who is an employee of a State,
a political subdivision of a State, in a region, of the Vet-
erans’ Employment and Training Service, or an individual
under a contract to provide those services.
‘‘(c) GRANT PROGRAMS.—Under the demonstration
program, the Secretary shall make grants to States as fol-
lows:
‘‘(1)(A) From the applicable percentage (de-
scribed in subparagraph (C)) of the aggregate
amount of sums appropriated under subsection
(a)(2) for a fiscal year, the Secretary shall make
grants to States to provide veterans employment,
training, and placement programs and services
through employment service delivery systems in the
State. Such grants shall include sums for the rea-
sonable expenses of individuals providing such serv-
ices for training, travel, supplies, and costs of at-
tendance at the National Veterans’ Employment and
Training Services Institute established under section
4109 of this title. A grant under this paragraph is
hereinafter in this section referred to as a ‘base
grant’.
‘‘(B) The Secretary shall determine the amount
of the base grant to a State based on (i) the funding
requirements for veterans employment, training, and
placement services demonstrated by the State on the
application submitted under subsection (d), and (ii)
the amount of funds made available to the State
under section 4102A(b) to the State in years pre-
ceding the demonstration program.
‘‘(C) The applicable percentage referred to in
subparagraph (A) is—
‘‘(i) for fiscal year 2002, 95 percent,
‘‘(ii) for fiscal year 2003, 92.5 percent,
and
‘‘(iii) for each of fiscal years 2004 through
2006, 90 percent.
‘‘(2)(A) For each fiscal year under the dem-
onstration program, from amounts remaining in the
aggregate amount of sums appropriated under sub-
section (a)(2) after the application of paragraph (1),
the Secretary shall make grants to a State, political
subdivisions of the State, or qualified organizations
or entities to enter into contracts with the Secretary
to carry out employment, training, and placement
services. A grant under this paragraph is hereinafter
in this section referred to as an ‘incentive grant’.
‘‘(B)(i) The amount of a incentive grant made
under subparagraph (A) shall be determined by the
Secretary based on the measures of performance
under subsection (b) of employment, training, and
placement services furnished in each State. An in-
centive grant may only be made to a State that the
Secretary determines has met a minimum standard
of performance (established by the Secretary) under
such measures.
‘‘(ii) Subject to clause (iii), in determining the
amount of an incentive grant to a State, the Sec-
retary shall (I) provide greater sums to those States
which the Secretary determines furnished, during
the preceding fiscal year, the highest quality employ-
ment, training, and placement services based on
measures of performance, and (II) consider factors
such as prevailing economic and unemployment con-
ditions that affect performance of individuals pro-
viding employment, training, and placement services
in the State.
‘‘(iii) In no case may the amount of an incen-
tive grant under this paragraph be less than the dif-
ference between the amount of a State’s base grant
as calculated in accordance with paragraph (1)(C)
and the amount of the State’s base grant as would
be calculated without regard to that paragraph.
‘‘(C) In addition to amounts authorized to be
appropriated to carry out this chapter, there are au-
thorized to be appropriated annually to the Sec-
retary $10,000,000 to make incentive grants under
this paragraph.
‘‘(d) APPLICATION.—(1) A State shall prepare and
submit to the Secretary an application at such time, in
such manner, and containing such assurances and infor-
mation as the Secretary may require, including in the ap-
plication for fiscal year 2002 a proposal for a 5-year plan
that describes the manner in which the State shall furnish
employment, training, and placement services under the
demonstration program.
‘‘(2)(A) Subject to subparagraphs (B) and (C), a
State may include in its application under paragraph (1)
for a base grant for a fiscal year a proposal to establish
within the State a pilot program under which the State
may enter into a contract with organizations or entities
to carry out employment, training, and placement services
within a designated labor market area of the State in that
fiscal year.
‘‘(B) A proposal under subparagraph (A) shall in-
clude a description of the organization or entity, the num-
ber (if any) of qualified disabled veterans and qualified
veterans employed by the organization or entity, and pro-
posals (if any) to employ such veterans to provide employ-
ment, training, and placement services under the contract.
‘‘(C)(i) A State may not submit more than three pro-
posals described in subparagraph (A).
‘‘(ii) The Secretary may not approve proposals sub-
mitted by more than 10 States.
‘‘(3) The Secretary shall approve an application sub-
mitted under this subsection that contains the assurances
and information that the Secretary requires.
‘‘(e) TERMS AND CONDITIONS OF GRANTS.—(1) The
distribution and use of funds under a grant under sub-
section (c)—
‘‘(A) shall be subject to such terms and condi-
tions as the Secretary may establish,
‘‘(B) shall be subject to the continuing super-
vision and monitoring of the Secretary, and
‘‘(C) shall not be governed by the provisions of
the Workforce Investment Act of 1998, the Wagner-
Peyser Act, or any other law, or any regulations pre-
scribed thereunder, that are inconsistent with this
section.
‘‘(2) Not more than 20 percent of the funds received
by a State under a base grant in a fiscal year may be
used for administrative purposes in providing the employ-
ment, training, and placement services required under this
section.
‘‘(3) Each base grant shall contain a provision requir-
ing the recipient of the funds to comply with the provisions
of this section.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 42 is amended by
inserting after the item relating to section 4214 the
following new item:
‘‘4112. Demonstration program to modernize veterans employment, training,
and placement services.’’.
(b) FLEXIBILITY IN STAFFING.—
(1) REPEAL.—Effective October 1, 2001, sec-
tions 4102A, 4103, 4103A, 4104, and 4104A are re-
pealed.
(2) PROVISION OF FLEXIBILITY.—Chapter 41
is amended by inserting after section 4102 the fol-
lowing new section:
‘‘§ 4103. Employment, training, and placement service
personnel
‘‘(a) ESTABLISHMENT OF POSITION OF ASSISTANT
SECRETARY OF LABOR FOR VETERANS’ EMPLOYMENT
AND TRAINING.—(1) There is established within the De-
partment 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 Sen-
ate, 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, unem-
ployment, and training programs to the extent they affect
veterans. The employees of the Department of Labor ad-
ministering chapter 43 of this title shall be administra-
tively and functionally responsible to the Assistant Sec-
retary of Labor for Veterans’ Employment and Training.
‘‘(2)(A) There shall be within the Department of
Labor a Deputy Assistant Secretary of Labor for Vet-
erans’ Employment and Training. The Deputy Assistant
Secretary shall perform such functions as the Assistant
Secretary of Labor for Veterans’ Employment and Train-
ing 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 deter-
mining 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 non-
career appointee in the Senior Executive Service, as
such term is defined in section 3132(a)(7) of title 5;
or
‘‘(iii) to which the individual was appointed by
the President.
‘‘(b) ADDITIONAL FEDERAL PERSONNEL.—(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. Full-time Federal clerical
or other support personnel assigned to Directors for Vet-
erans’ Employment and Training shall be appointed in ac-
cordance with the provisions of title 5 governing appoint-
ments in the competitive service and shall be paid in ac-
cordance with the provisions of chapter 51 and subchapter
III of chapter 53 of title 5.
‘‘(2) The Secretary may also assign as supervisory
personnel such representatives of the Veterans’ Employ-
ment 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 Train-
ing.
‘‘(3) The Secretary shall assign to each region for
which the Secretary operates a regional office a represent-
ative of the Veterans’ Employment and Training Service
to serve as the Regional Administrator for Veterans’ Em-
ployment and Training in such region. A person may not
be assigned after October 9, 1996, as such a Regional Ad-
ministrator unless the person is a veteran.
‘‘(c) PREFERENCE FOR QUALIFIED VETERANS IN
SUPERVISORY POSITIONS.—The Secretary shall, to the ex-
tent practicable, appoint qualified veterans as supervisory
personnel.
‘‘(d) AUTHORITY TO EMPLOY CERTAIN STATE EM-
PLOYMENT SERVICE OFFICIALS.—A State may employ
such disabled veterans’ outreach program specialists and
local veterans’ employment representatives as the State
determines appropriate and efficient to carry out employ-
ment, training, and placement services under this chapter.
‘‘(e) REQUIREMENT
ON
THE
SECRETARY
TO
PROMPTLY ESTABLISH ONE-STOP EMPLOYMENT SERV-
ICES.—By not later than 18 months after the date of the
enactment of 21st Century Veterans Employment and
Training Act, the Secretary shall provide one-stop services
and assistance to eligible veterans and eligible persons
under this chapter electronically by means of the Internet,
as defined in section 231(e)(3) of the Communications Act
of 1934, and such other electronic means as facilitates the
delivery of such services and assistance.’’.
(2) CONFORMING AMENDMENTS.—(A) 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 informa-
tion demonstrating the compliance of such budget
submission with the funding requirements specified
in the preceding sentence.’’.
(B) Section 4107(c)(2) is amended by striking
‘‘under sections 4103A and 4104 of this title;’’ and
inserting ‘‘under section 4103 of this title;’’.
(C) Section 4107(c)(5) is amended by striking
‘‘(including the need’’ and all that follows through
‘‘representatives)’’.
(3) CLERICAL AMENDMENTS.—The table of sec-
tions at the beginning of chapter 41 is amended—
(A) by striking the items relating to sec-
tions 4102A, 4103, 4103A, 4104, and 4104A,
respectively, and
(B) by inserting after the item relating to
section 4102 the following new item:
‘‘4103. Employment, training, and placement services personnel.’’.
(4) EFFECTIVE DATE.—The amendments made
by this subsection take effect on December 1, 2000,
and shall apply to appointments made on or after
that date.
(c) RULE OF CONSTRUCTION.—The repeals made by
subsection (b) shall not be construed to—
(1) require the Secretary of Labor or a State
to terminate personnel employed under those sec-
tions in effect on the date of the enactment of this
Act,
(2) terminate job training intensive services and
placement services furnished to veterans under chap-
ter 41 of title 38, United States Code, and
(3) affect the aggregate amount of Federal
funds made available to carry out that chapter.
(d) REPORT.—
(1) IN
GENERAL.—Not later than 180 days
after the date of the enactment of this Act, the Sec-
retary of Labor shall submit to Congress a report
containing the Secretary’s recommendations with re-
spect to the matters described in paragraph (2) in
order to provide the best possible employment and
training services to meet the needs of veterans in the
21st century, taking into consideration methods and
delivery systems for job training intensive services
and placement services in effect by reason of the
Workforce Investment Act of 1998 and availability
of employment and training services through the
Internet and other electronic means that facilitate
the delivery of such services and assistance. The
Secretary shall consult with State agencies as the
Secretary determines appropriate in the preparation
of the report.
(2) MATTERS
DESCRIBED.—Recommendations
of the Secretary with respect to the matters referred
to in paragraph (1) include the following:
(A) Recommendations for revised duties of
Directors and Assistant Directors for Veterans’
Employment and Training established under
section 4103 of title 38, United States Code.
(B) Recommendations for revised titles
and duties of—
(i) disabled veterans’ outreach pro-
gram specialists established under section
4103A of such title, as in effect on the
date of the enactment of this Act, and
(ii) local veterans’ employment rep-
resentatives established under section 4104
of such title, as in effect on such date.
(e) INCLUSION OF INTENSIVE SERVICES.—
(1) DEFINITION.—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 de-
scribed in section 134(d)(3) of the Workforce Invest-
ment Act of 1998.’’.
(2) CONFORMING AMENDMENTS.—(A) Section
4102 is amended by striking ‘‘job and job training
counseling service program,’’ and inserting ‘‘job and
job training intensive services program,’’.
(B) Section 4106(a) is amended by striking
‘‘proper counseling’’ and inserting ‘‘proper intensive
services’’.
(C) Section 4107(a) is amended by striking
‘‘employment counseling services’’ and inserting ‘‘in-
tensive services’’.
(D) Section 4107(c)(1) is amended by striking
‘‘the number counseled’’ and inserting ‘‘the number
who received intensive services’’.
(E) Section 4109(a) is amended by striking
‘‘counseling,’’ each place it appears and inserting
‘‘intensive services’’.
(g) ADDITIONAL VETS DUTY TO IMPLEMENT TRAN-
SITIONS TO CIVILIAN CAREERS.—Section 4102 is amend-
ed by striking the period in the last sentence and inserting
‘‘including programs carried out by the Veterans’ Employ-
ment 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 expe-
rience of the servicemembers.’’.
(h) MODERNIZATION OF EMPLOYMENT SERVICE DE-
LIVERY POINTS TO INCLUDE TECHNOLOGICAL INNOVA-
TIONS.—Section 4101(7) is amended to read as follows:
‘‘(7) The term ‘employment service delivery sys-
tem’ means a service delivery system at which or
through which labor exchange services, including em-
ployment services, are offered in a manner con-
sistent with the provision of such labor exchange
services under the Workforce Investment Act of
1998.’’.
(i) INCREASE IN ACCURACY OF REPORTING SERV-
ICES FURNISHED TO VETERANS.—(1) Section 4107(c)(1)
is amended by striking ‘‘and eligible persons who reg-
istered for assistance with’’ and inserting ‘‘, eligible per-
sons, and servicemembers transitioning to civilian careers
who registered for assistance with, or who are identified
as veterans by,’’.
(2) Section 4107(c)(2) is amended—
(A) by striking ‘‘the job placement rate’’ the
first place it appears and inserting ‘‘core indicators
of performance (described in subsection (b)(1)’’; and
(B) by striking ‘‘the job placement rate’’ the
second place it appears and inserting ‘‘such core in-
dicators of performance’’.
(3) Section 4107(c)(4) is amended by striking ‘‘sec-
tions 4103A and 4104’’ and inserting ‘‘section 4212(d)’’.
(4) Section 4107(c) is amended—
(A) by striking ‘‘and’’ at the end of paragraph
(4);
(B) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(6) a report on the operation during the pre-
ceding program year of the financial incentives pro-
gram for outstanding employment services under
section 4112(c)(3) of this title, including an analysis
of aggregate amount of incentives distributed to
each State and the rationale for such distribution.’’.
(5) Section 4107(b) is amended to read as follows:
‘‘(b) Not later than December 1 of each year, the Sec-
retary 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 car-
rying out employment, training, and placement services
under this chapter, as measured under subsection (b) of