In the Senate of the United States,
October 15, 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 4015) entitled ‘‘An Act to amend title 38, United
States Code, to revise and improve employment, training, and
placement services furnished to veterans, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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 provi-
sion, the reference shall be considered to be made to a section
or other provision of title 38, United States Code.
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SEC. 2. PRIORITY OF SERVICE FOR VETERANS IN DEPART-
MENT 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 in-
dividuals:
‘‘(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 sec-
tion, 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 de-
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tained or interned in line of duty by a for-
eign government or power.
‘‘(iii) Any veteran who has a total dis-
ability resulting from a service-connected
disability.
‘‘(iv) Any veteran who died while a
disability so evaluated was in existence.
‘‘(2) The term ‘qualified job training program’
means any workforce preparation, development, or de-
livery program or service that is directly funded, in
whole or in part, by the Department of Labor and in-
cludes 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 informa-
tion, career assessment tools, and related support
services).
‘‘(B) Any such program or service under the
public employment service system, one-stop ca-
reer 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 Federal
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block grants administered by the Department of
Labor.
‘‘(C) Any such program or service that is a
workforce development program targeted to spe-
cific 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 non-
veterans for the receipt of employment, training, and
placement services provided under that program, not-
withstanding 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 pro-
gram.
‘‘(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 dis-
abled veterans, and such other factors as the Secretary de-
termines appropriate.
‘‘(c) ADMINISTRATION OF PROGRAMS AT STATE AND
LOCAL LEVELS.—An entity of a State or a political sub-
division of the State that administers or delivers services
under a qualified job training program shall—
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‘‘(1) provide information and priority of service
to covered persons regarding benefits and services that
may be obtained through other entities or service pro-
viders; 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 pro-
gram 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 Sec-
retary 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 pro-
grams.’’.
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(b) EMPLOYMENT OF VETERANS WITH RESPECT TO
FEDERAL CONTRACTS.—(1) Section 4212(a) is amended to
read as follows:
‘‘(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 con-
tractor in carrying out any such contract.
‘‘(2) In addition to requiring affirmative action to em-
ploy such qualified covered veterans under such contracts
and subcontracts and in order to promote the implementa-
tion of such requirement, the Secretary of Labor shall pre-
scribe 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 sys-
tem (as defined in section 4101(7) of this title), and
may also list such openings with one-stop career cen-
ters under the Workforce Investment Act of 1998,
other appropriate service delivery points, or Amer-
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ica’s Job Bank (or any additional or subsequent na-
tional electronic job bank established by the Depart-
ment of Labor), except that the contractor may ex-
clude 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 sys-
tem shall give such qualified covered veterans priority
in referral to such employment openings; and
‘‘(C) each such employment service delivery sys-
tem shall provide a list of such employment openings
to States, political subdivisions of States, or any pri-
vate 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 cam-
paign or expedition for which a campaign badge
has been authorized.
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‘‘(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 pursu-
ant to Executive Order 12985 (61 Fed. Reg.
1209).
‘‘(iv) Recently separated veterans.
‘‘(B) The term ‘qualified’, with respect to an em-
ployment position, means having the ability to per-
form 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
(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
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and hiring location, who are qualified covered vet-
erans;
‘‘(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 GOVERN-
MENT.—(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 ‘‘readjust-
ment’’ and inserting ‘‘recruitment’’;
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(B) in paragraph (2), by striking ‘‘to—’’ and all
that follows through the period at the end and insert-
ing ‘‘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 insert-
ing ‘‘qualified covered veterans (as defined in para-
graph (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 oc-
curs and all that follows through ‘‘era’’ the first place
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it occurs and inserting ‘‘qualified covered veterans’’;
and
(ii) by striking ‘‘under section 1712A of this
title’’ and all that follows and inserting ‘‘under sec-
tion 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) as in effect on the date before the
date of the enactment of this Act.
SEC. 3. FINANCIAL AND NON-FINANCIAL PERFORMANCE IN-
CENTIVE 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 em-
ployment, training, and placement serv-
ices
‘‘(a) 
CRITERIA
FOR
PERFORMANCE
INCENTIVE
AWARDS.—(1) For purposes of carrying out a program of
performance 
incentive 
awards 
under 
section
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4102A(c)(2)(A)(i)(III) of this title, the Secretary, acting
through the Assistant Secretary of Labor for Veterans’ Em-
ployment and Training, shall establish criteria for perform-
ance incentive awards programs to be administered by
States to—
‘‘(A) encourage the improvement and moderniza-
tion 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 de-
monstrable improvements in the provision of such
services.
‘‘(2) The Secretary shall establish such criteria in con-
sultation with representatives of States, political subdivi-
sions of States, and other providers of employment, train-
ing, and placement services under the Workforce Investment
Act of 1998 consistent with the performance measures estab-
lished under section 4102A(b)(7) of this title.
‘‘(b) FORM OF AWARDS.—Under the criteria estab-
lished 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.
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‘‘(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 pro-
gram year under section 4102A(c)(7) of this title; and
‘‘(2) is in addition to the regular pay of the re-
cipient.
‘‘(d) ELIGIBLE EMPLOYEE DEFINED.—In this section,
the term ‘eligible employee’ means any of the following:
‘‘(1) A disabled veterans’ outreach program spe-
cialist.
‘‘(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 em-
ployment service delivery system (as defined in sec-
tion 4101(7) of this title).’’.
(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.’’.
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SEC. 4. REFINEMENT OF JOB TRAINING AND PLACEMENT
FUNCTIONS OF THE DEPARTMENT.
(a) REVISION OF DEPARTMENT LEVEL SENIOR OFFI-
CIALS AND FUNCTIONS.—(1) Sections 4102A and 4103 are
amended to read as follows:
‘‘§ 4102A. Assistant Secretary of Labor for Veterans’
Employment and Training; program func-
tions; 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’ Em-
ployment and Training, appointed by the President by and
with the advice and consent of the Senate, who shall formu-
late and implement all departmental policies and proce-
dures to carry out (A) the purposes of this chapter, chapter
42, and chapter 43 of this title, and (B) all other Depart-
ment of Labor employment, unemployment, and training
programs to the extent they affect veterans.
‘‘(2) The employees of the Department of Labor admin-
istering 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’ Em-
ployment and Training. The Deputy Assistant Secretary
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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 As-
sistant 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 manage-
ment position in the Armed Forces. For purposes of deter-
mining 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 pro-
grams under the jurisdiction of the Secretary for the
provision of employment and training services de-
signed 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
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such programs to enter into cooperative arrangements
with private industry and business concerns (includ-
ing small business concerns owned by veterans or dis-
abled veterans), educational institutions, trade asso-
ciations, and labor unions.
‘‘(3) Ensure that maximum effectiveness and ef-
ficiency are achieved in providing services and assist-
ance to eligible veterans under all such programs by
coordinating and consulting with the Secretary of
Veterans Affairs with respect to (A) programs con-
ducted under other provisions of this title, with par-
ticular 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 em-
ployment service officials.
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‘‘(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 representa-
tives assigned under section 4104(b) of this title,
and
‘‘(C) the reasonable expenses of such special-
ists and representatives described in subpara-
graphs (A) and (B), respectively, for training,
travel, supplies, and other business expenses, in-
cluding travel expenses and per diem for attend-
ance at the National Veterans’ Employment and
Training Services Institute established under sec-
tion 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 per-
formance reviews of veterans employment, training,
and placement services provided through employment
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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 mon-
itoring 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 appli-
cation 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—
‘‘(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;
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‘‘(II) the manner in which such specialists
and representatives are integrated in the employ-
ment 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 Sec-
retary may require to make a determination with re-
spect to awarding a grant or contract to the State.
‘‘(B)(i) Subject to the succeeding provisions of this sub-
paragraph, 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 em-
ployment in all States.
‘‘(ii) The Secretary shall phase in over the three fiscal-
year period that begins on October 1, 2002, the manner in
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which amounts are made available to States under sub-
section (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 im-
prove 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 expedi-
tiously implement the plan.
‘‘(iii) If the Secretary does not approve a corrective
action plan submitted by the State under clause (i), the Sec-
retary shall take such steps as may be necessary to imple-
ment 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).
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‘‘(C) In making a determination with respect to a defi-
ciency under subparagraph (A), the Secretary shall take
into account the applicable annual unemployment data for
the State and consider other factors, such as prevailing eco-
nomic conditions, that affect performance of individuals
providing employment, training, and placement services in
the State.
‘‘(4) In determining the terms and conditions of a
grant or contract under which funds are made available
to a State in order to carry out section 4103A or 4104 of
this title, the Secretary shall take into account—
‘‘(A) the results of reviews, carried out pursuant
to subsection (b)(7), of the performance of the employ-
ment, training, and placement service delivery system
in the State, and
‘‘(B) the monitoring carried out under this sec-
tion.
‘‘(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 chap-
ter; and
‘‘(B) on an annual basis, to notify the Secretary
of, and provide supporting rationale for, each non-
veteran who is employed as a disabled veterans’ out-
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reach program specialist and local veterans’ employ-
ment representative for a period in excess of 6
months.
‘‘(6) Each State shall coordinate employment, train-
ing, and placement services furnished to veterans and eligi-
ble persons under this chapter with such services furnished
with respect to such veterans and persons under the Work-
force 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 in-
centive 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 pro-
mote 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
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a regional office a representative of the Veterans’ Employ-
ment and Training Service to serve as the Regional Admin-
istrator 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 vet-
erans 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 perform-
ance of employment service delivery systems, including dis-
abled veterans’ outreach program specialists and local vet-
erans’ employment representatives providing employment,
training, and placement services under this chapter in a
State to provide accountability of that State to the Sec-
retary for purposes of subsection (c).
‘‘(2) Such standards and measures shall—
‘‘(A) be consistent with State performance meas-
ures applicable under section 136(b) of the Workforce
Investment Act of 1998; and
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‘‘(B) be appropriately weighted to provide spe-
cial consideration for placement of (i) veterans re-
quiring 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 as-
sistance 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 pro-
gram year, including assistance in the development of a cor-
rective action plan under that subsection.
‘‘§ 4103. Directors and Assistant Directors for Vet-
erans’ Employment and Training; addi-
tional 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.
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‘‘(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 per-
sonnel assigned to Directors for Veterans’ Employment and
Training shall be appointed in accordance with the provi-
sions 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 Sec-
retary may also assign as supervisory personnel such rep-
resentatives of the Veterans’ Employment and Training
Service as the Secretary determines appropriate to carry
out the employment, training, and placement services re-
quired under this chapter, including Assistant Directors for
Veterans’ Employment and Training.’’.
(2) The items relating to sections 4102A and 4103, re-
spectively, in the table of sections at the beginning of chap-
ter 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.
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(B) Section 4107(b) is amended by striking ‘‘The Sec-
retary 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 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
REPRESENTA-
TIVES.—(1) Section 4103A is amended by striking all after
the heading and inserting the following:
‘‘(a) REQUIREMENT FOR EMPLOYMENT BY STATES OF
A SUFFICIENT NUMBER OF SPECIALISTS.—(1) Subject to
approval by the Secretary, a State shall employ such full-
or part-time disabled veterans’ outreach program specialists
as the State determines appropriate and efficient to carry
out intensive services under this chapter to meet the employ-
ment 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 ac-
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count applicable rates of unemployment and the em-
ployment 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 employ-
ment needs of veterans shall be placed on assisting economi-
cally 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
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conducting seminars for employers and, in conjunc-
tion with employers, conducting job search workshops
and establishing job search groups; and
‘‘(2) facilitate employment, training, and place-
ment services furnished to veterans in a State under
the applicable State employment service delivery sys-
tems.
‘‘(c) REQUIREMENT FOR QUALIFIED VETERANS AND
ELIGIBLE PERSONS.—A State shall, to the maximum ex-
tent practicable, employ qualified veterans or eligible per-
sons to carry out the services referred to in subsection (a).
Preference shall be accorded in the following order:
‘‘(1) To qualified service-connected disabled vet-
erans.
‘‘(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 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 compli-
ance with Federal law and regulations with respect to spe-
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cial 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 Sec-
retary of Labor shall provide one-stop services and assist-
ance to covered persons electronically by means of the Inter-
net, 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 sepa-
rate listing of the amount for the National Veterans’ Em-
ployment and Training Services Institute together with in-
formation demonstrating the compliance of such budget sub-
mission with the funding requirements specified in the pre-
ceding sentence.’’.
(2) The amendment made by paragraph (1) shall take
effect on the date of the enactment of this Act, and apply
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to budget submissions for fiscal year 2004 and each subse-
quent 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 fol-
lows:
‘‘(B) utilization of employment, training, and
placement services under chapter 41 of this title;
and’’.
SEC. 5. ADDITIONAL IMPROVEMENTS IN VETERANS EM-
PLOYMENT AND TRAINING SERVICES.
(a) INCLUSION OF INTENSIVE SERVICES.—(1)(A) Sec-
tion 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.’’.
(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’’.
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(D) Section 4107(a) is amended by striking ‘‘employ-
ment counseling services’’ and inserting ‘‘intensive serv-
ices’’.
(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 ‘‘coun-
seling,’’ each place it appears and inserting ‘‘intensive serv-
ices,’’.
(2) The amendments made by paragraph (1) shall take
effect on the date of the enactment of this Act.
(b) ADDITIONAL VETS DUTY TO IMPLEMENT TRANSI-
TIONS
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 transi-
tion 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 author-
ized’’.
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(2) The amendments made by paragraph (1) shall take
effect on the date of the enactment of this Act.
(c) MODERNIZATION OF EMPLOYMENT SERVICE DE-
LIVERY POINTS TO INCLUDE TECHNOLOGICAL INNOVA-
TIONS.—(1) 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, training, and placement services, are of-
fered in accordance with the Wagner-Peyser 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 reg-
istered 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 as-
sistance with, or who are identified as veterans by,’’.
(B) Section 4107(c)(2) is amended—
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(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 sec-
ond place it appears and inserting ‘‘such rate of en-
tered employment (as so determined)’’.
(C) Section 4107(c)(4) is amended by striking ‘‘sec-
tions 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 para-
graph (5) and inserting ‘‘; and’’; and
(iii) by adding at the end the following new
paragraph:
‘‘(6) a report on the operation during the pre-
ceding 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 in-
serting the following: ‘‘Not later than February 1 of each
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year, the Secretary shall report to the Committees on Vet-
erans’ Affairs of the Senate and the House of Representa-
tives on the performance of States and organizations and
entities carrying out employment, training, and placement
services under this chapter, as measured under subsection
(b)(7) of section 4102A of this title. In the case of a State
that the Secretary determines has not met the minimum
standard of performance (established by the Secretary under
subsection (f) of such section), the Secretary shall include
an analysis of the extent and reasons for the State’s failure
to meet that minimum standard, together with the State’s
plan for corrective action during the succeeding year.’’.
(2) 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 DEPART-
MENTS AND AGENCIES.—Section 4109 is amended by add-
ing 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 agree-
ments 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 or-