H. R. 4015—10
‘‘(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 consider-
ation 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 Sec-
retary 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 develop-
ment 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’ Employ-
ment and Training Service to serve as the Director for Veterans’
Employment and Training, and shall assign full-time Federal cler-
ical 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 accord-
ance 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 Vet-
erans’ Employment and Training Service as the Secretary deter-
mines appropriate to carry out the employment, training, and place-
ment 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; pro-
gram 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 sec-
tion 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
H. R. 4015—11
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 sub-
section, 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 SUFFI-
CIENT NUMBER OF REPRESENTATIVES.—Subject to approval by the
Secretary, a State shall employ such full- and part-time local vet-
erans’ employment representatives as the State determines appro-
priate and efficient to carry out employment, training, and place-
ment 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 PER-
SONS.—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 representa-
tive shall be administratively responsible to the manager of the
H. R. 4015—12
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 EMPLOY-
MENT 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 SERV-
ICES 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 coun-
seling services’’ and inserting ‘‘intensive services’’.
(E) Section 4107(c)(1) is amended by striking ‘‘the number
counseled’’ and inserting ‘‘the number who received intensive serv-
ices’’.
(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.
H. R. 4015—13
(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 place-
ment services, are offered 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 registered for
assistance with’’ and inserting ‘‘eligible persons, recently sepa-
rated veterans (as defined in section 4211(6) of this title),
and servicemembers transitioning to civilian careers who reg-
istered 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 fol-
lowing: ‘‘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,