Jobs for Veterans Act
PL 107-288 (H.R.4015), enacted 11/07/2002

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, 
Nov. 7, 2002 
and placement services furnished to veterans, and for other purposes. 
[H.R. 4015] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
Jobs for Veterans 
Act 
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES 
CODE. 
(a) SHORT TITLE.—This Act may be cited as the "Jobs for 38USCioinote. 
Veterans Act". 
(b) REFERENCES TO TITLE 38, UNITED STATES CODE.—Except 
as otherwise expressly provided, whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be consid-
ered 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 there-
under, 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. 
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 pro-
grams (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 employ-
ment, training, and placement services provided under that 
program, notwithstanding any other provision of law. 
"(b) ENTITLEMENT TO PRIORITY OF SERVICE.—(1) A covered per-
son 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 employ-
ment-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 pri-
ority of service and are being fully served by qualified job training 
programs, and whether the representation of veterans in such pro-
grams 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 pro-
grams.". 
(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 provi-
sion requiring that the party contracting with the United States 
take affirmative action to employ and advance in employment quali-
fied 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 Regulations. 
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 imme-
diately 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 place-
ment 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 accommoda-
tion 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 
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 con-
tractor 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 sub-
section" after "paragraph (1)". 
(D) Section 4211(6) is amended by striking "one-year period" 
and inserting "three-year period". 
Applicability. 
(3) The amendments made by this subsection shall apply with 
Effective date. 
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) Sec-
tion 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 appoint-
ment at any time.". 
(3)(A) Section 4214(a) is amended— 
(i) in the third sentence of paragraph (1), by striking "dis-
abled veterans and certain veterans of the Vietnam era and 
of the post-Vietnam era" and inserting "qualified covered vet-
erans (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.". 
Applicability. 
(4) The amendments made by this subsection shall apply to 
38 use 4214 
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) 
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 EMPLOY-
MENT, 
TRAINING, AND PLACEMENT 
SERVICES.—Chapter 
41 
is 
amended by adding at the end the following new section: 
"§4112. Performance incentive aw^ards for quality employ-
ment, 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 provi-
sion of such services or for having made demonstrable improve-
ments 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 nonfmancial 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 begin-
ning of chapter 41 is amended by adding at the end the following 
new item: 
"4112. Performance incentive awards for quality employment, training, and place-
ment 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' Employ-
ment 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, unemplo3aiient, 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 func-
tions 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 fur-
nished 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 associa-
tions, and labor unions. 
"(3) Ensure that maximum effectiveness and efficiency are 
achieved in providing services and assistance to eligible vet-
erans 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 popu-
lation 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)(l) 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 busi-
ness 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 dis-
tribution 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 dis-
abled 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 regula-
tions 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 speciaHsts and local veterans' employ-
ment representatives consistent with the requirements of 
sections 4103A and 4104 of this title; 
"(II) the manner in which such specialists and rep-
resentatives 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 subpara-
graph, 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 o
f
— 
"(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. 
Effective date. 
"(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 sub-
section, as amended by the Jobs for Veterans Act. 
"(iii) In carrying out this paragraph, the Secretary may estab-
lish 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 imple-
ment 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. 
Regulations. 
"(B) To carry out subparagraph (A), the Secretary shall estab-
lish in regulations a uniform national threshold entered-employ-
ment 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. 
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 sub-
section (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' emplojnnent 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' Employ-
ment and Training shall promote and monitor participation of quali-
fied 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' Emplo5mient 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 employ-
ment and reemployment within the region that the Administrator 
serves. 
"(f) 
ESTABLISHMENT OF PERFORMANCE STANDARDS AND OUT- Deadline. 
COMES 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 imple-
ment 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— 
99-194O-03-15:QL3Part3 
/ 
116 STAT. 2042 
PUBLIC LAW 107-288—NOV. 7, 2002 
38 u s e 4102A 
note. 
"(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.". 
(3XA)(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 
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 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 £md 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 
116 STAT. 2044 
PUBLIC LAW 107-288—NOV. 7, 2002 
Effective date. 
38 use 4103A 
note. 
Deadline. 
38 use 4215 
note. 
38 use 4106 
note. 
Effective date. 
38 use 4101 
note. 
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' Emplojnnent 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 SERVIOES.—By not later than 18 months after the date of 
the enactment of this Act, the Secretary of Labor shall provide 
one-stop services £md assistance to covered persons electronically 
by means of the Internet, as defined in section 231(eX3) of the 
Commimications 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 
fiinds 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(cX5) 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 emplo5mtient, 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) Tbe amendments made by paragraph (1) shall take effect 
on the date of the enactment of this Act. 
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 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. 
Effective date. 
38 u s e 4102 
note. 
Effective date. 
38 u s e 4101 
note. 
Deadline. 
Reports. 
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 sub-
section (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.". 
Applicability. 
(2) The amendments made by paragraph (1) shall apply to 
38 use 4107 
reports for program years beginning on or after July 1, 2003. 
^°*®- 
(e) 
CLARIFICATION OF AUTHORITY OF N V E T S I TO PROVIDE 
TRAINING FOR PERSONNEL OF OTHER DEPARTMENTS AND AGEN-
CIES.—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 depart-
ments, 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.". 
38 use 4100 
SEC. 6. COMMITTEE TO RAISE EMPLOYER AWARENESS OF SKILLS OF 
note. 
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 vet-
erans 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 emplojonent security agencies. 
(v) One-stop career centers. 
(vi) State departments of veterans affairs. 
(vii) Military service organizations. 
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 pri-
vate 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' Employ-
ment and Training. 
(D) The Administrator of the Small Business Administra-
tion. 
(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 compensa-
tion. 
(B) Members of the Committee shall be allowed reasonable 
and necessary travel expenses, including per diem in lieu of subsist-
ence, 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 administra-
tive 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 individ-
uals 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 sec-
tion 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 govern-
ment 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 
Deadlines. 
(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 
Fimd $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. 
Deadline. 
(b) REPORT.—Not later than 6 months after the conclusion 
of the program year that begins during fiscal year 2004, the Comp-
troller General shall submit to Congress a report on the study 
conducted under subsection (a). The report shall include such rec-
ommendations as the Comptroller General determines appropriate, 
including recommendations for legislation or administrative action. 
38 u s e 4100 
note. 
Approved November 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.