Public Law 107-288

PUBLIC LAW 107–288—NOV. 7, 2002

116 STAT. 2033

Public Law 107–288
107th Congress
An Act
To amend title 38, United States Code, to revise and improve employment, training,
and placement services furnished to veterans, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES
CODE.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Jobs for
Veterans Act’’.
(b) REFERENCES TO TITLE 38, UNITED STATES CODE.—Except
as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United
States Code.

Nov. 7, 2002
[H.R. 4015]
Jobs for Veterans
Act.

38 USC 101 note.

SEC. 2. PRIORITY OF SERVICE FOR VETERANS IN DEPARTMENT OF
LABOR JOB TRAINING PROGRAMS.

(a) VETERANS’ JOB TRAINING ASSISTANCE.—(1) Chapter 42 is
amended by adding at the end the following new section:
‘‘§ 4215. Priority of service for veterans in Department of
Labor job training programs
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered person’ means any of the following
individuals:
‘‘(A) A veteran.
‘‘(B) The spouse of any of the following individuals:
‘‘(i) Any veteran who died of a service-connected
disability.
‘‘(ii) Any member of the Armed Forces serving
on active duty who, at the time of application for
assistance under this section, is listed, pursuant to
section 556 of title 37 and regulations issued thereunder, by the Secretary concerned in one or more of
the following categories and has been so listed for
a total of more than 90 days: (I) missing in action,
(II) captured in line of duty by a hostile force, or
(III) forcibly detained or interned in line of duty by
a foreign government or power.
‘‘(iii) Any veteran who has a total disability
resulting from a service-connected disability.
‘‘(iv) Any veteran who died while a disability so
evaluated was in existence.

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116 STAT. 2034

PUBLIC LAW 107–288—NOV. 7, 2002

‘‘(2) The term ‘qualified job training program’ means any
workforce preparation, development, or delivery program or
service that is directly funded, in whole or in part, by the
Department of Labor and includes the following:
‘‘(A) Any such program or service that uses technology
to assist individuals to access workforce development programs (such as job and training opportunities, labor market
information, career assessment tools, and related support
services).
‘‘(B) Any such program or service under the public
employment service system, one-stop career centers, the
Workforce Investment Act of 1998, a demonstration or other
temporary program, and those programs implemented by
States or local service providers based on Federal block
grants administered by the Department of Labor.
‘‘(C) Any such program or service that is a workforce
development program targeted to specific groups.
‘‘(3) The term ‘priority of service’ means, with respect to
any qualified job training program, that a covered person shall
be given priority over nonveterans for the receipt of employment, training, and placement services provided under that
program, notwithstanding any other provision of law.
‘‘(b) ENTITLEMENT TO PRIORITY OF SERVICE.—(1) A covered person is entitled to priority of service under any qualified job training
program if the person otherwise meets the eligibility requirements
for participation in such program.
‘‘(2) The Secretary of Labor may establish priorities among
covered persons for purposes of this section to take into account
the needs of disabled veterans and special disabled veterans, and
such other factors as the Secretary determines appropriate.
‘‘(c) ADMINISTRATION OF PROGRAMS AT STATE AND LOCAL
LEVELS.—An entity of a State or a political subdivision of the
State that administers or delivers services under a qualified job
training program shall—
‘‘(1) provide information and priority of service to covered
persons regarding benefits and services that may be obtained
through other entities or service providers; and
‘‘(2) ensure that each covered person who applies to or
who is assisted by such a program is informed of the employment-related rights and benefits to which the person is entitled
under this section.
‘‘(d) ADDITION TO ANNUAL REPORT.—In the annual report
required under section 4107(c) of this title for the program year
beginning in 2003 and each subsequent program year, the Secretary
of Labor shall evaluate whether covered persons are receiving priority of service and are being fully served by qualified job training
programs, and whether the representation of veterans in such programs is in proportion to the incidence of representation of veterans
in the labor market, including within groups that the Secretary
may designate for priority under such programs, if any.’’.
(2) The table of sections at the beginning of chapter 42 is
amended by inserting after the item relating to section 4214 the
following new item:
‘‘4215. Priority of service for veterans in Department of Labor job training programs.’’.

(b) EMPLOYMENT OF VETERANS WITH RESPECT TO FEDERAL
TRACTS.—(1) Section 4212(a) is amended to read as follows:

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PUBLIC LAW 107–288—NOV. 7, 2002

116 STAT. 2035

‘‘(a)(1) Any contract in the amount of $100,000 or more entered
into by any department or agency of the United States for the
procurement of personal property and nonpersonal services
(including construction) for the United States, shall contain a provision requiring that the party contracting with the United States
take affirmative action to employ and advance in employment qualified covered veterans. This section applies to any subcontract in
the amount of $100,000 or more entered into by a prime contractor
in carrying out any such contract.
‘‘(2) In addition to requiring affirmative action to employ such
qualified covered veterans under such contracts and subcontracts
and in order to promote the implementation of such requirement,
the Secretary of Labor shall prescribe regulations requiring that—
‘‘(A) each such contractor for each such contract shall immediately list all of its employment openings with the appropriate
employment service delivery system (as defined in section
4101(7) of this title), and may also list such openings with
one-stop career centers under the Workforce Investment Act
of 1998, other appropriate service delivery points, or America’s
Job Bank (or any additional or subsequent national electronic
job bank established by the Department of Labor), except that
the contractor may exclude openings for executive and senior
management positions and positions which are to be filled
from within the contractor’s organization and positions lasting
three days or less;
‘‘(B) each such employment service delivery system shall
give such qualified covered veterans priority in referral to such
employment openings; and
‘‘(C) each such employment service delivery system shall
provide a list of such employment openings to States, political
subdivisions of States, or any private entities or organizations
under contract to carry out employment, training, and placement services under chapter 41 of this title.
‘‘(3) In this section:
‘‘(A) The term ‘covered veteran’ means any of the following
veterans:
‘‘(i) Disabled veterans.
‘‘(ii) Veterans who served on active duty in the Armed
Forces during a war or in a campaign or expedition for
which a campaign badge has been authorized.
‘‘(iii) Veterans who, while serving on active duty in
the Armed Forces, participated in a United States military
operation for which an Armed Forces service medal was
awarded pursuant to Executive Order No. 12985 (61 Fed.
Reg. 1209).
‘‘(iv) Recently separated veterans.
‘‘(B) The term ‘qualified’, with respect to an employment
position, means having the ability to perform the essential
functions of the position with or without reasonable accommodation for an individual with a disability.’’.
(2)(A) Section 4212(c) is amended—
(i) by striking ‘‘suitable’’; and
(ii) by striking ‘‘subsection (a)(2) of this section’’ and
inserting ‘‘subsection (a)(2)(B)’’.
(B) Section 4212(d)(1) is amended—
(i) in the matter preceding subparagraph (A), by striking
‘‘of this section’’ after ‘‘subsection (a)’’; and

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Regulations.

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116 STAT. 2036

Applicability.
Effective date.

Applicability.
38 USC 4214
note.

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PUBLIC LAW 107–288—NOV. 7, 2002

(ii) by amending subparagraphs (A) and (B) to read as
follows:
‘‘(A) the number of employees in the workforce of such
contractor, by job category and hiring location, and the number
of such employees, by job category and hiring location, who
are qualified covered veterans;
‘‘(B) the total number of new employees hired by the contractor during the period covered by the report and the number
of such employees who are qualified covered veterans; and’’.
(C) Section 4212(d)(2) is amended by striking ‘‘of this subsection’’ after ‘‘paragraph (1)’’.
(D) Section 4211(6) is amended by striking ‘‘one-year period’’
and inserting ‘‘three-year period’’.
(3) The amendments made by this subsection shall apply with
respect to contracts entered into on or after the first day of the
first month that begins 12 months after the date of the enactment
of this Act.
(c) EMPLOYMENT WITHIN THE FEDERAL GOVERNMENT.—(1) Section 4214(a)(1) is amended—
(A) in the first sentence, by striking ‘‘life’’ and all that
follows and inserting ‘‘life.’’; and
(B) in the second sentence, by striking ‘‘major’’ and
inserting ‘‘uniquely qualified’’.
(2) Section 4214(b) is amended—
(A) in paragraph (1), by striking ‘‘readjustment’’ and
inserting ‘‘recruitment’’;
(B) in paragraph (2), by striking ‘‘to—’’ and all that follows
through the period at the end and inserting ‘‘to qualified covered
veterans.’’;
(C) in paragraph (3), to read as follows:
‘‘(3) A qualified covered veteran may receive such an appointment at any time.’’.
(3)(A) Section 4214(a) is amended—
(i) in the third sentence of paragraph (1), by striking ‘‘disabled veterans and certain veterans of the Vietnam era and
of the post-Vietnam era’’ and inserting ‘‘qualified covered veterans (as defined in paragraph (2)(B))’’; and
(ii) in paragraph (2), to read as follows:
‘‘(2) In this section:
‘‘(A) The term ‘agency’ has the meaning given the term
‘department or agency’ in section 4211(5) of this title.
‘‘(B) The term ‘qualified covered veteran’ means a veteran
described in section 4212(a)(3) of this title.’’.
(B) Clause (i) of section 4214(e)(2)(B) is amended by striking
‘‘of the Vietnam era’’.
(C) Section 4214(g) is amended—
(i) by striking ‘‘qualified’’ the first place it occurs and all
that follows through ‘‘era’’ the first place it occurs and inserting
‘‘qualified covered veterans’’; and
(ii) by striking ‘‘under section 1712A of this title’’ and
all that follows and inserting ‘‘under section 1712A of this
title.’’.
(4) The amendments made by this subsection shall apply to
qualified covered veterans without regard to any limitation relating
to the date of the veteran’s last discharge or release from active
duty that may have otherwise applied under section 4214(b)(3)

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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 EMPLOYTRAINING, AND PLACEMENT SERVICES.—Chapter 41 is
amended by adding at the end the following new section:
MENT,

‘‘§ 4112. Performance incentive awards for quality employment, training, and placement services
‘‘(a) CRITERIA FOR PERFORMANCE INCENTIVE AWARDS.—(1) For
purposes of carrying out a program of performance incentive awards
under section 4102A(c)(2)(A)(i)(III) of this title, the Secretary, acting
through the Assistant Secretary of Labor for Veterans’ Employment
and Training, shall establish criteria for performance incentive
awards programs to be administered by States to—
‘‘(A) encourage the improvement and modernization of
employment, training, and placement services provided under
this chapter; and
‘‘(B) recognize eligible employees for excellence in the provision of such services or for having made demonstrable improvements in the provision of such services.
‘‘(2) The Secretary shall establish such criteria in consultation
with representatives of States, political subdivisions of States, and
other providers of employment, training, and placement services
under the Workforce Investment Act of 1998 consistent with the
performance measures established under section 4102A(b)(7) of this
title.
‘‘(b) FORM OF AWARDS.—Under the criteria established by the
Secretary for performance incentive awards to be administered
by States, an award under such criteria may be a cash award
or such other nonfinancial awards as the Secretary may specify.
‘‘(c) RELATIONSHIP OF AWARD TO GRANT PROGRAM AND
EMPLOYEE COMPENSATION.—Performance incentive cash awards
under this section—
‘‘(1) shall be made from amounts allocated from the grant
or contract amount for a State for a program year under section
4102A(c)(7) of this title; and
‘‘(2) is in addition to the regular pay of the recipient.
‘‘(d) ELIGIBLE EMPLOYEE DEFINED.—In this section, the term
‘eligible employee’ means any of the following:
‘‘(1) A disabled veterans’ outreach program specialist.
‘‘(2) A local veterans’ employment representative.
‘‘(3) An individual providing employment, training, and
placement services to veterans under the Workforce Investment
Act of 1998 or through an employment service delivery system
(as defined in section 4101(7) of this title).’’.

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116 STAT. 2038

PUBLIC LAW 107–288—NOV. 7, 2002

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 41 is amended by adding at the end the following
new item:
‘‘4112. Performance incentive awards for quality employment, training, and placement services.’’.
SEC. 4. REFINEMENT OF JOB TRAINING AND PLACEMENT FUNCTIONS
OF THE DEPARTMENT.

(a) REVISION OF DEPARTMENT LEVEL SENIOR OFFICIALS AND
FUNCTIONS.—(1) Sections 4102A and 4103 are amended to read
as follows:
‘‘§ 4102A. Assistant Secretary of Labor for Veterans’ Employment and Training; program functions; Regional
Administrators
‘‘(a) ESTABLISHMENT OF POSITION OF ASSISTANT SECRETARY OF
LABOR FOR VETERANS’ EMPLOYMENT AND TRAINING.—(1) There is
established within the Department of Labor an Assistant Secretary
of Labor for Veterans’ Employment and Training, appointed by
the President by and with the advice and consent of the Senate,
who shall formulate and implement all departmental policies and
procedures to carry out (A) the purposes of this chapter, chapter
42, and chapter 43 of this title, and (B) all other Department
of Labor employment, unemployment, and training programs to
the extent they affect veterans.
‘‘(2) The employees of the Department of Labor administering
chapter 43 of this title shall be administratively and functionally
responsible to the Assistant Secretary of Labor for Veterans’
Employment and Training.
‘‘(3)(A) There shall be within the Department of Labor a Deputy
Assistant Secretary of Labor for Veterans’ Employment and
Training. The Deputy Assistant Secretary shall perform such functions as the Assistant Secretary of Labor for Veterans’ Employment
and Training prescribes.
‘‘(B) No individual may be appointed as a Deputy Assistant
Secretary of Labor for Veterans’ Employment and Training unless
the individual has at least five years of service in a management
position as an employee of the Federal civil service or comparable
service in a management position in the Armed Forces. For purposes
of determining such service of an individual, there shall be excluded
any service described in subparagraphs (A), (B), and (C) of section
308(d)(2) of this title.
‘‘(b) PROGRAM FUNCTIONS.—The Secretary shall carry out the
following functions:
‘‘(1) Except as expressly provided otherwise, carry out all
provisions of this chapter and chapter 43 of this title through
the Assistant Secretary of Labor for Veterans’ Employment
and Training and administer through such Assistant Secretary
all programs under the jurisdiction of the Secretary for the
provision of employment and training services designed to meet
the needs of all veterans and persons eligible for services furnished under this chapter.
‘‘(2) In order to make maximum use of available resources
in meeting such needs, encourage all such programs, and all
grantees and contractors under such programs to enter into
cooperative arrangements with private industry and business
concerns (including small business concerns owned by veterans

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PUBLIC LAW 107–288—NOV. 7, 2002

116 STAT. 2039

or disabled veterans), educational institutions, trade associations, and labor unions.
‘‘(3) Ensure that maximum effectiveness and efficiency are
achieved in providing services and assistance to eligible veterans under all such programs by coordinating and consulting
with the Secretary of Veterans Affairs with respect to (A)
programs conducted under other provisions of this title, with
particular emphasis on coordination of such programs with
readjustment counseling activities carried out under section
1712A of this title, apprenticeship or other on-the-job training
programs carried out under section 3687 of this title, and
rehabilitation and training activities carried out under chapter
31 of this title and (B) determinations covering veteran population in a State.
‘‘(4) Ensure that employment, training, and placement
activities are carried out in coordination and cooperation with
appropriate State public employment service officials.
‘‘(5) Subject to subsection (c), make available for use in
each State by grant or contract such funds as may be necessary
to support—
‘‘(A) disabled veterans’ outreach program specialists
appointed under section 4103A(a)(1) of this title,
‘‘(B) local veterans’ employment representatives
assigned under section 4104(b) of this title, and
‘‘(C) the reasonable expenses of such specialists and
representatives described in subparagraphs (A) and (B),
respectively, for training, travel, supplies, and other business expenses, including travel expenses and per diem
for attendance at the National Veterans’ Employment and
Training Services Institute established under section 4109
of this title.
‘‘(6) Monitor and supervise on a continuing basis the distribution and use of funds provided for use in the States under
paragraph (5).
‘‘(7) Establish, and update as appropriate, a comprehensive
performance accountability system (as described in subsection
(f)) and carry out annual performance reviews of veterans
employment, training, and placement services provided through
employment service delivery systems, including through disabled veterans’ outreach program specialists and through local
veterans’ employment representatives in States receiving
grants, contracts, or awards under this chapter.
‘‘(c) CONDITIONS FOR RECEIPT OF FUNDS.—(1) The distribution
and use of funds under subsection (b)(5) in order to carry out
sections 4103A(a) and 4104(a) of this title shall be subject to the
continuing supervision and monitoring of the Secretary and shall
not be governed by the provisions of any other law, or any regulations prescribed thereunder, that are inconsistent with this section
or section 4103A or 4104 of this title.
‘‘(2)(A) A State shall submit to the Secretary an application
for a grant or contract under subsection (b)(5). The application
shall contain the following information:
‘‘(i) A plan that describes the manner in which the State
shall furnish employment, training, and placement services
required under this chapter for the program year, including
a description of—

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116 STAT. 2040

Effective date.

Regulations.

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‘‘(I) duties assigned by the State to disabled veterans’
outreach program specialists and local veterans’ employment representatives consistent with the requirements of
sections 4103A and 4104 of this title;
‘‘(II) the manner in which such specialists and representatives are integrated in the employment service
delivery systems in the State; and
‘‘(III) the program of performance incentive awards
described in section 4112 of this title in the State for
the program year.
‘‘(ii) The veteran population to be served.
‘‘(iii) Such additional information as the Secretary may
require to make a determination with respect to awarding
a grant or contract to the State.
‘‘(B)(i) Subject to the succeeding provisions of this subparagraph, of the amount available under subsection (b)(5) for a fiscal
year, the Secretary shall make available to each State with an
application approved by the Secretary an amount of funding in
proportion to the number of veterans seeking employment using
such criteria as the Secretary may establish in regulation, including
civilian labor force and unemployment data, for the State on an
annual basis. The proportion of funding shall reflect the ratio of—
‘‘(I) the total number of veterans residing in the State
that are seeking employment; to
‘‘(II) the total number of veterans seeking employment
in all States.
‘‘(ii) The Secretary shall phase in over the three fiscal-year
period that begins on October 1, 2002, the manner in which amounts
are made available to States under subsection (b)(5) and this subsection, as amended by the Jobs for Veterans Act.
‘‘(iii) In carrying out this paragraph, the Secretary may establish minimum funding levels and hold-harmless criteria for States.
‘‘(3)(A)(i) As a condition of a grant or contract under this section
for a program year, in the case of a State that the Secretary
determines has an entered-employment rate for veterans that is
deficient for the preceding program year, the State shall develop
a corrective action plan to improve that rate for veterans in the
State.
‘‘(ii) The State shall submit the corrective action plan to the
Secretary for approval, and if approved, shall expeditiously implement the plan.
‘‘(iii) If the Secretary does not approve a corrective action plan
submitted by the State under clause (i), the Secretary shall take
such steps as may be necessary to implement corrective actions
in the State to improve the entered-employment rate for veterans
in that State.
‘‘(B) To carry out subparagraph (A), the Secretary shall establish in regulations a uniform national threshold entered-employment rate for veterans for a program year by which determinations
of deficiency may be made under subparagraph (A).
‘‘(C) In making a determination with respect to a deficiency
under subparagraph (A), the Secretary shall take into account the
applicable annual unemployment data for the State and consider
other factors, such as prevailing economic conditions, that affect
performance of individuals providing employment, training, and
placement services in the State.

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116 STAT. 2041

‘‘(4) In determining the terms and conditions of a grant or
contract under which funds are made available to a State in order
to carry out section 4103A or 4104 of this title, the Secretary
shall take into account—
‘‘(A) the results of reviews, carried out pursuant to subsection (b)(7), of the performance of the employment, training,
and placement service delivery system in the State, and
‘‘(B) the monitoring carried out under this section.
‘‘(5) Each grant or contract by which funds are made available
to a State shall contain a provision requiring the recipient of the
funds—
‘‘(A) to comply with the provisions of this chapter; and
‘‘(B) on an annual basis, to notify the Secretary of, and
provide supporting rationale for, each nonveteran who is
employed as a disabled veterans’ outreach program specialist
and local veterans’ employment representative for a period
in excess of 6 months.
‘‘(6) Each State shall coordinate employment, training, and
placement services furnished to veterans and eligible persons under
this chapter with such services furnished with respect to such
veterans and persons under the Workforce Investment Act of 1998
and the Wagner-Peyser Act.
‘‘(7) With respect to program years beginning during or after
fiscal year 2004, one percent of the amount of a grant or contract
under which funds are made available to a State in order to carry
out section 4103A or 4104 of this title for the program year shall
be for the purposes of making cash awards under the program
of performance incentive awards described in section 4112 of this
title in the State.
‘‘(d) PARTICIPATION IN OTHER FEDERALLY FUNDED JOB TRAINING
PROGRAMS.—The Assistant Secretary of Labor for Veterans’ Employment and Training shall promote and monitor participation of qualified veterans and eligible persons in employment and training
opportunities under title I of the Workforce Investment Act of
1998 and other federally funded employment and training programs.
‘‘(e) REGIONAL ADMINISTRATORS.—(1) The Secretary shall assign
to each region for which the Secretary operates a regional office
a representative of the Veterans’ Employment and Training Service
to serve as the Regional Administrator for Veterans’ Employment
and Training in such region.
‘‘(2) Each such Regional Administrator shall carry out such
duties as the Secretary may require to promote veterans employment and reemployment within the region that the Administrator
serves.
‘‘(f) ESTABLISHMENT OF PERFORMANCE STANDARDS AND OUTCOMES MEASURES.—(1) By not later than 6 months after the date
of the enactment of this section, the Assistant Secretary of Labor
for Veterans’ Employment and Training shall establish and implement a comprehensive performance accountability system to
measure the performance of employment service delivery systems,
including disabled veterans’ outreach program specialists and local
veterans’ employment representatives providing employment,
training, and placement services under this chapter in a State
to provide accountability of that State to the Secretary for purposes
of subsection (c).
‘‘(2) Such standards and measures shall—

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Deadline.

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116 STAT. 2042

PUBLIC LAW 107–288—NOV. 7, 2002

‘‘(A) be consistent with State performance measures
applicable under section 136(b) of the Workforce Investment
Act of 1998; and
‘‘(B) be appropriately weighted to provide special consideration for placement of (i) veterans requiring intensive services
(as defined in section 4101(9) of this title), such as special
disabled veterans and disabled veterans, and (ii) veterans who
enroll in readjustment counseling under section 1712A of this
title.
‘‘(g) AUTHORITY TO PROVIDE TECHNICAL ASSISTANCE TO
STATES.—The Secretary may provide such technical assistance as
the Secretary determines appropriate to any State that the Secretary determines has, or may have, an entered-employment rate
in the State that is deficient, as determined under subsection (c)(3)
with respect to a program year, including assistance in the development of a corrective action plan under that subsection.
‘‘§ 4103. Directors and Assistant Directors for Veterans’
Employment and Training; additional Federal
personnel
‘‘(a) DIRECTORS AND ASSISTANT DIRECTORS.—(1) The Secretary
shall assign to each State a representative of the Veterans’ Employment and Training Service to serve as the Director for Veterans’
Employment and Training, and shall assign full-time Federal clerical or other support personnel to each such Director.
‘‘(2) Each Director for Veterans’ Employment and Training for
a State shall, at the time of appointment, have been a bona fide
resident of the State for at least two years.
‘‘(3) Full-time Federal clerical or other support personnel
assigned to Directors for Veterans’ Employment and Training shall
be appointed in accordance with the provisions of title 5 governing
appointments in the competitive service and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter
53 of title 5.
‘‘(b) ADDITIONAL FEDERAL PERSONNEL.—The Secretary may also
assign as supervisory personnel such representatives of the Veterans’ Employment and Training Service as the Secretary determines appropriate to carry out the employment, training, and placement services required under this chapter, including Assistant
Directors for Veterans’ Employment and Training.’’.
(2) The items relating to sections 4102A and 4103, respectively,
in the table of sections at the beginning of chapter 41 are amended
to read as follows:
‘‘4102A. Assistant Secretary of Labor for Veterans’ Employment and Training; program functions; Regional Administrators.
‘‘4103. Directors and Assistant Directors for Veterans’ Employment and Training;
additional Federal personnel.’’.

38 USC 4102A
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(3)(A)(i) Section 4104A is repealed.
(ii) The table of sections at the beginning of chapter 41 is
amended by striking the item relating to section 4104A.
(B) Section 4107(b) is amended by striking ‘‘The Secretary
shall establish definitive performance standards’’ and inserting ‘‘The
Secretary shall apply performance standards established under section 4102A(f) of this title’’.
(4) The amendments made by this subsection shall take effect
on the date of the enactment of this Act, and apply for program

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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 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 employment needs of eligible veterans with
the following priority in the provision of services:
‘‘(A) Special disabled veterans.
‘‘(B) Other disabled veterans.
‘‘(C) Other eligible veterans in accordance with priorities
determined by the Secretary taking into account applicable
rates of unemployment and the employment emphases set forth
in chapter 42 of this title.
‘‘(2) In the provision of services in accordance with this subsection, maximum emphasis in meeting the employment needs of
veterans shall be placed on assisting economically or educationally
disadvantaged veterans.
‘‘(b) REQUIREMENT FOR QUALIFIED VETERANS.—A State shall,
to the maximum extent practicable, employ qualified veterans to
carry out the services referred to in subsection (a). Preference
shall be given in the appointment of such specialists to qualified
disabled veterans.’’.
(2) Section 4104 is amended by striking all after the heading
and inserting the following:
‘‘(a) REQUIREMENT FOR EMPLOYMENT BY STATES OF A SUFFICIENT NUMBER OF REPRESENTATIVES.—Subject to approval by the
Secretary, a State shall employ such full- and part-time local veterans’ employment representatives as the State determines appropriate and efficient to carry out employment, training, and placement services under this chapter.
‘‘(b) PRINCIPAL DUTIES.—As principal duties, local veterans’
employment representatives shall—
‘‘(1) conduct outreach to employers in the area to assist
veterans in gaining employment, including conducting seminars
for employers and, in conjunction with employers, conducting
job search workshops and establishing job search groups; and
‘‘(2) facilitate employment, training, and placement services
furnished to veterans in a State under the applicable State
employment service delivery systems.
‘‘(c) REQUIREMENT FOR QUALIFIED VETERANS AND ELIGIBLE PERSONS.—A State shall, to the maximum extent practicable, employ
qualified veterans or eligible persons to carry out the services
referred to in subsection (a). Preference shall be accorded in the
following order:
‘‘(1) To qualified service-connected disabled veterans.
‘‘(2) If no veteran described in paragraph (1) is available,
to qualified eligible veterans.
‘‘(3) If no veteran described in paragraph (1) or (2) is
available, then to qualified eligible persons.
‘‘(d) REPORTING.—Each local veterans’ employment representative shall be administratively responsible to the manager of the

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116 STAT. 2044

Effective date.
38 USC 4103A
note.
Deadline.
38 USC 4215
note.

38 USC 4106
note.

PUBLIC LAW 107–288—NOV. 7, 2002

employment service delivery system and shall provide reports, not
less frequently than quarterly, to the manager of such office and
to the Director for Veterans’ Employment and Training for the
State regarding compliance with Federal law and regulations with
respect to special services and priorities for eligible veterans and
eligible persons.’’.
(3) The amendments made by this subsection shall take effect
on the date of the enactment of this Act, and apply for program
years under chapter 41 of title 38, United States Code, beginning
on or after such date.
(c) REQUIREMENT TO PROMPTLY ESTABLISH ONE-STOP EMPLOYMENT SERVICES.—By not later than 18 months after the date of
the enactment of this Act, the Secretary of Labor shall provide
one-stop services and assistance to covered persons electronically
by means of the Internet, as defined in section 231(e)(3) of the
Communications Act of 1934, and such other electronic means to
enhance the delivery of such services and assistance.
(d) REQUIREMENT FOR BUDGET LINE ITEM FOR TRAINING SERVICES INSTITUTE.—(1) The last sentence of section 4106(a) is amended
to read as follows: ‘‘Each budget submission with respect to such
funds shall include a separate listing of the amount for the National
Veterans’ Employment and Training Services Institute together
with information demonstrating the compliance of such budget
submission with the funding requirements specified in the preceding
sentence.’’.
(2) The amendment made by paragraph (1) shall take effect
on the date of the enactment of this Act, and apply to budget
submissions for fiscal year 2004 and each subsequent fiscal year.
(e) CONFORMING AMENDMENTS.—(1) Section 4107(c)(5) is
amended by striking ‘‘(including the need’’ and all that follows
through ‘‘representatives)’’.
(2) Section 3117(a)(2)(B) is amended to read as follows:
‘‘(B) utilization of employment, training, and placement
services under chapter 41 of this title; and’’.
SEC. 5. ADDITIONAL IMPROVEMENTS IN VETERANS EMPLOYMENT AND
TRAINING SERVICES.

Effective date.
38 USC 4101
note.

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(a) INCLUSION OF INTENSIVE SERVICES.—(1)(A) Section 4101
is amended by adding at the end the following new paragraph:
‘‘(9) The term ‘intensive services’ means local employment
and training services of the type described in section 134(d)(3)
of the Workforce Investment Act of 1998.’’.
(B) Section 4102 is amended by striking ‘‘job and job training
counseling service program,’’ and inserting ‘‘job and job training
intensive services program,’’.
(C) Section 4106(a) is amended by striking ‘‘proper counseling’’
and inserting ‘‘proper intensive services’’.
(D) Section 4107(a) is amended by striking ‘‘employment counseling services’’ and inserting ‘‘intensive services’’.
(E) Section 4107(c)(1) is amended by striking ‘‘the number
counseled’’ and inserting ‘‘the number who received intensive services’’.
(F) Section 4109(a) is amended by striking ‘‘counseling,’’ each
place it appears and inserting ‘‘intensive services,’’.
(2) The amendments made by paragraph (1) shall take effect
on the date of the enactment of this Act.

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116 STAT. 2045

(b) ADDITIONAL VETS DUTY TO IMPLEMENT TRANSITIONS TO
CIVILIAN CAREERS.—(1)(A) Section 4102 is amended by striking
the period and inserting ‘‘, including programs carried out by the
Veterans’ Employment and Training Service to implement all efforts
to ease the transition of servicemembers to civilian careers that
are consistent with, or an outgrowth of, the military experience
of the servicemembers.’’.
(B) Such section is further amended by striking ‘‘and veterans
of the Vietnam era’’ and inserting ‘‘and veterans who served on
active duty during a war or in a campaign or expedition for which
a campaign badge has been authorized’’.
(2) The amendments made by paragraph (1) shall take effect
on the date of the enactment of this Act.
(c) MODERNIZATION OF EMPLOYMENT SERVICE DELIVERY POINTS
TO INCLUDE TECHNOLOGICAL INNOVATIONS.—(1) Section 4101(7) is
amended to read as follows:
‘‘(7) The term ‘employment service delivery system’ means
a service delivery system at which or through which labor
exchange services, including employment, training, and placement services, are offered in accordance with the WagnerPeyser Act.’’.
(2) The amendments made by paragraph (1) shall take effect
on the date of the enactment of this Act.
(d) INCREASE IN ACCURACY OF REPORTING SERVICES FURNISHED
TO VETERANS.—(1)(A) Section 4107(c)(1) is amended—
(i) by striking ‘‘veterans of the Vietnam era,’’; and
(ii) by striking ‘‘and eligible persons who registered for
assistance with’’ and inserting ‘‘eligible persons, recently separated veterans (as defined in section 4211(6) of this title),
and servicemembers transitioning to civilian careers who registered for assistance with, or who are identified as veterans
by,’’.
(B) Section 4107(c)(2) is amended—
(i) by striking ‘‘the job placement rate’’ the first place
it appears and inserting ‘‘the rate of entered employment (as
determined in a manner consistent with State performance
measures applicable under section 136(b) of the Workforce
Investment Act of 1998)’’; and
(ii) by striking ‘‘the job placement rate’’ the second place
it appears and inserting ‘‘such rate of entered employment
(as so determined)’’.
(C) Section 4107(c)(4) is amended by striking ‘‘sections 4103A
and 4104’’ and inserting ‘‘section 4212(d)’’.
(D) Section 4107(c) is amended—
(i) by striking ‘‘and’’ at the end of paragraph (4);
(ii) by striking the period at the end of paragraph (5)
and inserting ‘‘; and’’; and
(iii) by adding at the end the following new paragraph:
‘‘(6) a report on the operation during the preceding program
year of the program of performance incentive awards for quality
employment services under section 4112 of this title.’’.
(E) Section 4107(b), as amended by section 4(a)(3)(B), is further
amended by striking the second sentence and inserting the following: ‘‘Not later than February 1 of each year, the Secretary
shall report to the Committees on Veterans’ Affairs of the Senate
and the House of Representatives on the performance of States
and organizations and entities carrying out employment, training,

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Effective date.
38 USC 4102
note.

Effective date.
38 USC 4101
note.

Deadline.
Reports.

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116 STAT. 2046

Applicability.
38 USC 4107
note.

38 USC 4100
note.

PUBLIC LAW 107–288—NOV. 7, 2002

and placement services under this chapter, as measured under
subsection (b)(7) of section 4102A of this title. In the case of a
State that the Secretary determines has not met the minimum
standard of performance (established by the Secretary under subsection (f) of such section), the Secretary shall include an analysis
of the extent and reasons for the State’s failure to meet that
minimum standard, together with the State’s plan for corrective
action during the succeeding year.’’.
(2) The amendments made by paragraph (1) shall apply to
reports for program years beginning on or after July 1, 2003.
(e) CLARIFICATION OF AUTHORITY OF NVETSI TO PROVIDE
TRAINING FOR PERSONNEL OF OTHER DEPARTMENTS AND AGENCIES.—Section 4109 is amended by adding at the end the following
new subsection:
‘‘(c)(1) Nothing in this section shall be construed as preventing
the Institute to enter into contracts or agreements with departments
or agencies of the United States or of a State, or with other
organizations, to carry out training of personnel of such departments, agencies, or organizations in the provision of services
referred to in subsection (a).
‘‘(2) All proceeds collected by the Institute under a contract
or agreement referred to in paragraph (1) shall be applied to the
applicable appropriation.’’.
SEC. 6. COMMITTEE TO RAISE EMPLOYER AWARENESS OF SKILLS OF
VETERANS AND BENEFITS OF HIRING VETERANS.

(a) ESTABLISHMENT OF COMMITTEE.—There is established
within the Department of Labor a committee to be known as the
President’s National Hire Veterans Committee (hereinafter in this
section referred to as the ‘‘Committee’’).
(b) DUTIES.—The Committee shall establish and carry out a
national program to do the following:
(1) To furnish information to employers with respect to
the training and skills of veterans and disabled veterans, and
the advantages afforded employers by hiring veterans with
such training and skills.
(2) To facilitate employment of veterans and disabled veterans through participation in America’s Career Kit national
labor exchange, and other means.
(c) MEMBERSHIP.—(1) The Secretary of Labor shall appoint
15 individuals to serve as members of the Committee, of whom
one shall be appointed from among representatives nominated by
each organization described in subparagraph (A) and of whom eight
shall be appointed from among representatives nominated by
organizations described in subparagraph (B).
(A) Organizations described in this subparagraph are the
following:
(i) The Ad Council.
(ii) The National Committee for Employer Support of
the Guard and Reserve.
(iii) Veterans’ service organizations that have a
national employment program.
(iv) State employment security agencies.
(v) One-stop career centers.
(vi) State departments of veterans affairs.
(vii) Military service organizations.

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(B) Organizations described in this subparagraph are such
businesses, small businesses, industries, companies in the private sector that furnish placement services, civic groups,
workforce investment boards, and labor unions as the Secretary
of Labor determines appropriate.
(2) The following shall be ex officio, nonvoting members of
the Committee:
(A) The Secretary of Veterans Affairs.
(B) The Secretary of Defense.
(C) The Assistant Secretary of Labor for Veterans’ Employment and Training.
(D) The Administrator of the Small Business Administration.
(E) The Postmaster General.
(F) The Director of the Office of Personnel Management.
(3) A vacancy in the Committee shall be filled in the manner
in which the original appointment was made.
(d) ADMINISTRATIVE MATTERS.—(1) The Committee shall meet
not less frequently than once each calendar quarter.
(2) The Secretary of Labor shall appoint the chairman of the
Committee.
(3)(A) Members of the Committee shall serve without compensation.
(B) Members of the Committee shall be allowed reasonable
and necessary travel expenses, including per diem in lieu of subsistence, at rates authorized for persons serving intermittently in the
Government service in accordance with the provisions of subchapter
I of chapter 57 of title 5 while away from their homes or regular
places of business in the performance of the responsibilities of
the Committee.
(4) The Secretary of Labor shall provide staff and administrative support to the Committee to assist it in carrying out its duties
under this section. The Secretary shall assure positions on the
staff of the Committee include positions that are filled by individuals that are now, or have ever been, employed as one of the
following:
(A) Staff of the Assistant Secretary of Labor for Veterans’
Employment and Training under section 4102A of title 38,
United States Code as in effect on the date of the enactment
of this Act.
(B) Directors for Veterans’ Employment and Training under
section 4103 of such title as in effect on such date.
(C) Assistant Director for Veterans’ Employment and
Training under such section as in effect on such date.
(D) Disabled veterans’ outreach program specialists under
section 4103A of such title as in effect on such date.
(E) Local veterans’ employment representatives under section 4104 of such title as in effect on such date.
(5) Upon request of the Committee, the head of any Federal
department or agency may detail, on a nonreimbursable basis,
any of the personnel of that department or agency to the Committee
to assist it in carrying out its duties.
(6) The Committee may contract with and compensate government and private agencies or persons to furnish information to
employers under subsection (b)(1) without regard to section 3709
of the Revised Statutes (41 U.S.C. 5).

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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
Fund $3,000,000 for each of fiscal years 2003 through 2005 to
carry out this section.

38 USC 4100
note.

SEC. 7. REPORT ON IMPLEMENTATION OF EMPLOYMENT REFORMS.

Deadline.

(a) STUDY.—The Comptroller General of the United States shall
conduct a study on the implementation by the Secretary of Labor
of the provisions of this Act during the program years that begin
during fiscal years 2003 and 2004. The study shall include an
assessment of the modifications under sections 2 through 5 of
this Act of the provisions of title 38, United States Code, and
an evaluation of the impact of those modifications, and of the
actions of the President’s National Hire Veterans Committee under
section 6 of this Act, to the provision of employment, training,
and placement services provided to veterans under that title.
(b) REPORT.—Not later than 6 months after the conclusion
of the program year that begins during fiscal year 2004, the Comptroller General shall submit to Congress a report on the study
conducted under subsection (a). The report shall include such recommendations as the Comptroller General determines appropriate,
including recommendations for legislation or administrative action.
Approved November 7, 2002.

LEGISLATIVE HISTORY—H.R. 4015:
HOUSE REPORTS: No. 107–476 (Comm. on Veterans’ Affairs).
CONGRESSIONAL RECORD, Vol. 148 (2002):
May 20, 21, considered and passed House.
Oct. 15, considered and passed Senate, amended.
Oct. 16, House concurred in Senate amendments.

Æ

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