[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4765 Introduced in House (IH)]

  2d Session
                                H. R. 4765

   To amend title 38, United States Code, to improve employment and 
    training services provided to veterans and disabled veterans by 
   requiring the use of measurable performance outcomes in an era of 
  electronic-based self services and one-stop career service centers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2000

     Mr. Quinn (for himself, Mr. Filner, Mr. Stump, and Mr. Evans) 
 introduced the following bill; which was referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to improve employment and 
    training services provided to veterans and disabled veterans by 
   requiring the use of measurable performance outcomes in an era of 
  electronic-based self services and one-stop career service centers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES TO TITLE 38, 
              UNITED STATES CODE.

    (a) Short Title.--This Act may be cited as the ``21st Century 
Veterans Employment and Training Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references to title 38, United 
                            States Code.
Sec. 2. Priority of service for veterans in Federal employment and 
                            training programs.
Sec. 3. Modernization of veterans employment and training services.
Sec. 4. Committee to raise employer awareness of skills of veterans and 
                            benefits of hiring veterans.
Sec. 5. Sense of Congress commending veterans service organizations.
Sec. 6. Study on economic benefits to the United States of long-term 
                            sustained employment of veterans.
    (c) References to Title 38, United States Code.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of title 38, United States Code.

SEC. 2. PRIORITY OF SERVICE FOR VETERANS IN FEDERAL EMPLOYMENT AND 
              TRAINING PROGRAMS.

    (a) Veterans' Employment and Training Assistance.--
            (1) In general.--Chapter 42 is amended by adding at the end 
        the following new section:
``Sec. 4215. Priority of service for veterans in Federal employment and 
              training programs
    ``(a) Entitlement to Priority of Service.--A covered person is 
entitled to priority of service under any qualified employment training 
program if the person otherwise meets the eligibility requirements for 
participation in such program.
    ``(b) Administration of Programs at State and Local Levels.--(1) An 
entity of a State or a political subdivision of the State that 
administers or delivers services under a qualified employment training 
program shall--
            ``(A) provide information and effective referral assistance 
        to covered persons regarding benefits and services that may be 
        obtained through other entities or service providers; and
            ``(B) ensure that each covered person who 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.
    ``(2) Each council, board, or advisory body of a State or a 
political subdivision of the State that is established in support of a 
qualified employment training program shall include representation from 
the veterans community, particularly from veterans service 
organizations.
    ``(c) Annual Report.--By not later than December 31, 2001, and each 
December 31 thereafter, the Secretary of Labor, following review and 
comment by the Advisory Committee on Veterans Employment and Training, 
shall submit to the Committees on Veterans' Affairs of the House of 
Representatives and Senate a report. The report shall evaluate whether 
covered persons are receiving priority of service and are being fully 
served by qualified employment training programs, and whether the 
levels of service of such programs are in proportion to the incidence 
of representation of veterans in the labor market, including within 
groups targeted by such programs, if any.
    ``(d) Definitions.--As used in this section:
            ``(1) The term `covered person' means any of the following 
        individuals:
                    ``(A) A veteran who has a service-connected 
                disability.
                    ``(B) A veteran 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.
                    ``(C) The spouse of any of the following persons:
                            ``(i) Any person who died of a service-
                        connected disability.
                            ``(ii) Any member of the Armed Forces 
                        serving on active duty who, at the time of 
                        application for assistance under this section, 
                        is listed, pursuant to section 556 of title 37 
                        and regulations issued thereunder, by the 
                        Secretary concerned in one or more of the 
                        following categories and has been so listed for 
                        a total of more than 90 days: (I) missing in 
                        action, (II) 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 person who has a total 
                        disability permanent in nature resulting from a 
                        service-connected disability.
                            ``(iv) A veteran who died while a 
                        disability so evaluated was in existence.
            ``(2) The term `qualified employment training program' 
        means any work force preparation, development, or delivery 
        program or service that receives federal funding, and includes 
        the following:
                    ``(A) Any such program or service that uses 
                technology to assist individuals to access work force 
                development programs (such as job and training 
                opportunities, labor market 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.
                    ``(C) Any such program or service that is a work 
                force development program targeted to specific groups.
            ``(3) The term `priority of service' means, with respect to 
        any qualified employment training program, that a covered 
        veteran shall be given priority over nonveterans of the 
        employment and training services provided under that program 
        notwithstanding any priority list, directive, rule, regulation, 
        or other order from any Department or agency of the United 
        States.''.
            (2) Clerical amendment.--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 Federal employment and 
                            training programs.''.

    (b) Employment of Veterans With Respect to Federal Contracts.--
            (1) In general.--Section 4212(a) is amended to read as 
        follows:
    ``(a)(1) Any contract in the amount of $25,000 or more entered into 
by any department or agency of the United States for the procurement of 
personal property and nonpersonal services (including construction) for 
the United States, shall contain a provision requiring that the party 
contracting with the United States take affirmative action to employ 
and advance in employment qualified covered veterans. This section 
applies to any subcontract 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 undertake in each such contract 
        to list all of its employment openings immediately with the 
        appropriate employment service delivery system (as defined in 
        section 4101(7) of this title), including local employment 
        service offices, 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 computerized job bank established by the Department of 
        Labor), except that the contractor may exclude openings for 
        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 private entities 
        or organizations under contract with the Secretary under 
        section 4103(e) of this title, and to States, political 
        subdivisions of States, or qualified organizations or entities 
        competing under section 4103(d)(5) of this title to furnish 
        employment and training services under this chapter.
    ``(3) As used 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 12985 (61 
                Fed. Reg. 1209).
            ``(B) The term `qualified', with respect to an employment 
        position, means having the ability to perform the essential 
        functions of the position with reasonable accommodation.''.
            (2) Conforming and technical amendments.--Section 4212 is 
        amended--
                    (A) by striking subsection (b) and redesignating 
                subsections (c) and (d) as subsections (b) and (c), 
                respectively;
                    (B) in subsection (b), as so redesignated--
                            (i) by striking ``filed pursuant to 
                        subsection (b) of this section'' and inserting 
                        ``relating to this section filed pursuant to 
                        section 4216 of this title'';
                            (ii) by striking ``suitable''; and
                            (iii) by striking ``subsection (a)(2) of 
                        this section'' and inserting ``subsection 
                        (a)(2)(B)''; and
                    (C)(i) in paragraph (1) of subsection (c), as so 
                redesignated--
                            (I) in the matter preceding subparagraph 
                        (A), by striking ``subsection (a) of this 
                        section'' and inserting ``subsection (a)''; and
                            (II) by amending subparagraphs (A) and (B) 
                        to read as follows:
            ``(A) the number of employees in the work force of such 
        contractor, by job category and hiring 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''; and
                    (ii) in paragraph (2) of such subsection, by 
                striking ``paragraph (1) of this subsection'' and 
                inserting ``paragraph (1)''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply with respect to contracts entered into on or after 
        the date that is 60 days after the date of the enactment of 
        this Act.
    (c) Employment Within the Federal Government.--
            (1) In general.--The second sentence of section 4214(a) is 
        amended--
                    (A) by inserting ``, competent'' after 
                ``effective''; and
                    (B) by striking ``major'' and inserting ``uniquely 
                qualified''.
            (2) Technical amendments.--(A) Section 4214(b)(1) is 
        amended by striking ``readjustment'' and inserting 
        ``recruitment''.
            (B) Section 4214(g) is amended by striking ``qualified'' 
        the first place it occurs and all that follows through ``era'' 
        and inserting ``qualified covered veterans (as described in 
        section 4212(a) of this title)''.
    (d) Enforcement of Veterans' Employment Rights and Benefits.--
            (1) In general.--Chapter 42 as amended by subsection 
        (a)(1), is further amended by adding at the end the following 
        new section:
``Sec. 4216. Enforcement of veterans' employment rights and benefits
    ``(a) Assistance of Secretary of Labor.--The Secretary of Labor 
(through the Assistant Secretary of Labor for Veterans' Employment and 
Training) shall provide assistance to any person or entity with respect 
to the requirements of sections 4212 (relating to United States 
contracts) and 4215 (relating to federally funded work force programs 
and services) of this title.
    ``(b) Complaint.--(1) An individual described in section 4212(a) or 
in section 4215(a) of this title may file a complaint with the 
Secretary of Labor if the individual believes that--
            ``(A) the individual is entitled to rights or benefits 
        under section 4212 or 4215; and
            ``(B) an entity with obligations under either of such 
        sections has failed to comply or refuses to comply with the 
        provisions of such sections.
    ``(2) Such complaint shall be in writing, be in such form as the 
Secretary of Labor may prescribe, include the name and address of the 
party against whom the complaint is filed, and contain a summary of the 
allegations that form the basis for the complaint.
    ``(3) A complaint may only be filed under paragraph (1) within 90 
days after the date of a failure or refusal described in paragraph 
(1)(B).
    ``(c) Investigation of Complaint.--(1) The Secretary of Labor shall 
promptly investigate the complaint filed under subsection (b). If the 
Secretary of Labor determines as a result of the investigation that the 
action alleged in such complaint occurred, that Secretary shall attempt 
to resolve the complaint by making reasonable efforts to ensure that 
the party named in the complaint complies with the provisions of 
section 4212 or 4215, as appropriate.
    ``(2) If, within 90 days after the date on which the complaint is 
filed, the efforts to resolve the complaint are unsuccessful, the 
Secretary of Labor shall notify the individual who submitted the 
complaint of--
            ``(A) the results of the investigation; and
            ``(B) the individual's rights.
    ``(d) Action for Relief.--(1) An individual who receives from the 
Secretary of Labor a notification under subsection (c) relating to a 
complaint may request that Secretary to refer the complaint to the 
Attorney General of the United States. If the Attorney General is 
reasonably satisfied that the person on whose behalf the complaint is 
referred is entitled to the rights or benefits sought, the Attorney 
General may appear on behalf of, and act as attorney for, the person on 
whose behalf the complaint is submitted and commence an action for 
relief for such person in any United States district court.
    ``(2) An individual may commence an action for relief with respect 
to a complaint if that individual--
            ``(A) has chosen not to file a complaint under subsection 
        (b);
            ``(B) has chosen not to request that the Secretary of Labor 
        refer the complaint to the Attorney General under paragraph 
        (1); or
            ``(C) has been refused representation by the Attorney 
        General with respect to the complaint under such paragraph.
    ``(e) Remedies.--(1) In any action under this section, the court 
may award relief as follows:
            ``(A) The court may require the entity to comply with the 
        provisions of section 4212 or 4215 of this title, as 
        appropriate.
            ``(B) The court may require the entity to compensate the 
        individual for any loss of wages or benefits suffered by reason 
        of such entity's failure to comply with the such provisions.
            ``(C) The court may require the entity to pay the 
        individual an amount equal to the amount referred to in clause 
        (ii) as liquidated damages, if the court determines that the 
        entity's failure to comply with the provisions of such section 
        was willful.
    ``(2) Any compensation under subparagraph (B) or (C) of paragraph 
(1) shall be in addition to, and shall not diminish, any of the other 
rights and benefits provided for in such section.
    ``(3) The United States and a State shall be subject to the same 
remedies, including prejudgment interest, as may be imposed upon any 
private entity under this section.
    ``(f) Fees.--In any action or proceeding to enforce a provision of 
section 4212 or 4215 of this title by an individual under subsection 
(d)(2) who obtained private counsel for such action or proceeding, the 
court may award any such individual who prevails in such action or 
proceeding reasonable attorney fees, expert witness fees, and other 
litigation expenses.
    ``(g) Equity Powers.--The court may use its full equity powers, 
including temporary or permanent injunctions, temporary restraining 
orders, and contempt orders, to vindicate fully the rights or benefits 
of individuals pursuant to this section.
    ``(h) Standing.--An action under this section may be initiated only 
by an individual claiming rights or benefits under section 4212 or 4215 
of this title, not by any other entity with obligations under such 
section.
    ``(i) Respondent.--In any such action, only an entity with 
obligations under section 4212 or 4215, as the case may be, shall be a 
necessary party respondent.
    ``(j) Inapplicability of State Statute of Limitations.--No State 
statute of limitations shall apply to any proceeding pursuant to this 
section.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 42, as amended by subsection (a)(2), is 
        further amended by inserting after the item relating to section 
        4215 the following new item:

``4216. Enforcement of veterans' employment rights and benefits.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply with respect to complaints filed on or after the 
        date that is 60 days after the date of the enactment of this 
        Act.
    (e) Additional Personnel.--The Secretary of Labor is authorized to 
allocate an additional 10 full-time equivalent positions from the 
Employment and Training Administration to the Veterans' Employment and 
Training Service to carry out chapter 42 of title 38, United States 
Code, as amended by this Act.

SEC. 3. MODERNIZATION OF VETERANS EMPLOYMENT AND TRAINING SERVICES.

    (a) Demonstration Program To Modernize Employment, Training, and 
Placement Services.--
            (1) In general.--Chapter 41 is amended by adding at the end 
        the following new section:
``Sec. 4112. Demonstration program to modernize veterans employment, 
              training, and placement services
    ``(a) Establishment of 5-Year Demonstration Program.--(1) During 
the five-fiscal-year period beginning fiscal year 2002, the Secretary 
shall carry out the provisions of this chapter under the demonstration 
program established under this section to improve and modernize 
employment, training, and placement services under this chapter. The 
Secretary shall carry out the demonstration project through the 
Assistant Secretary of Labor for Veterans' Employment and Training.
    ``(2) Sums authorized to be appropriated to carry out this chapter 
under section 4106 of this title shall, for such five-fiscal-year 
period, be made available only to carry out the demonstration program 
under this section. In no case may the aggregate amount of funds made 
available to the Secretary under subsections (a) though (d) of section 
4106 of this title for fiscal year 2001 and each succeeding fiscal year 
be less than the sum of--
            ``(A) such aggregate amount made available to the Secretary 
        for fiscal year 2000, and
            ``(B) amounts that, by reason of law or regulation, are 
        attributable to the increases in salaries of individuals 
        providing employment and training services under such chapters 
        from fiscal year 2000 up to the fiscal year involved.
    ``(3)(A) The Secretary shall establish a panel within the Advisory 
Committee on Veterans Employment and Training under section 4110 of 
this title comprised of State public employment service officials, 
including disabled veterans' outreach program specialists and local 
veterans' employment representatives. Such officials shall advise the 
Secretary on the development and implementation of the demonstration 
program under this section with respect to matters arising under the 
program at local delivery points in the employment service delivery 
system.
    ``(B) Representation on the panel of State public employment 
service officials shall consist of 7 members appointed from among 
disabled veterans' outreach program specialists, local veterans' 
employment representatives, State employment service agencies, and 
other officials that the Secretary determines to be appropriate.
    ``(b) Establishment of Performance Standards and Outcomes 
Measures.--(1) By not later than September 30, 2001, the Assistant 
Secretary of Labor for Veterans' Employment and Training shall 
establish and implement a comprehensive performance accountability 
system to measure the performance of veterans employment and training 
staff (as defined in paragraph (3)) to provide accountability of such 
staff to the Secretary for purposes of subsection (c), and to determine 
compliance by State public employment service agencies with the 
provisions of this chapter and chapter 42 of this title.
    ``(2) Such standards and measures shall--
            ``(A) be consistent with State performance measures 
        applicable under section 136(b) of the Workforce Investment Act 
        of 1998;
            ``(B) include the core indicators of performance described 
        in subclauses (I) through (III) of section 136(b)(2)(A)(i) of 
        that Act; and
            ``(C) be appropriately weighted to provide special 
        consideration for placement of (i) veterans with barriers to 
        employment, such as special disabled veterans, and disabled 
        veterans, and (ii) veterans who enroll in readjustment 
        counseling under section 1712A of this title.
    ``(3) In this section, the term `veterans employment and training 
staff' means an individual providing services required under this 
chapter who is an employee of a State, a political subdivision of a 
State, in a region, of the Veterans' Employment and Training Service, 
or an individual under a contract to provide those services.
    ``(c) Grant Programs.--Under the demonstration program, the 
Secretary shall make grants to States as follows:
            ``(1)(A) From the applicable percentage (described in 
        subparagraph (C)) of the aggregate amount of sums appropriated 
        under subsection (a)(2) for a fiscal year, the Secretary shall 
        make grants to States to provide veterans employment, training, 
        and placement programs and services through employment service 
        delivery systems in the State. Such grants shall include sums 
        for the reasonable expenses of individuals providing such 
        services for training, travel, supplies, and costs of 
        attendance at the National Veterans' Employment and Training 
        Services Institute established under section 4109 of this 
        title. A grant under this paragraph is hereinafter in this 
        section referred to as a `base grant'.
            ``(B) The Secretary shall determine the amount of the base 
        grant to a State based on (i) the funding requirements for 
        veterans employment, training, and placement services 
        demonstrated by the State on the application submitted under 
        subsection (d), and (ii) the amount of funds made available to 
        the State under section 4102A(b) to the State in years 
        preceding the demonstration program.
            ``(C) The applicable percentage referred to in subparagraph 
        (A) is--
                    ``(i) for fiscal year 2002, 95 percent,
                    ``(ii) for fiscal year 2003, 92.5 percent, and
                    ``(iii) for each of fiscal years 2004 through 2006, 
                90 percent.
            ``(2)(A) For each fiscal year under the demonstration 
        program, from amounts remaining in the aggregate amount of sums 
        appropriated under subsection (a)(2) after the application of 
        paragraph (1), the Secretary shall make grants to a State, 
        political subdivisions of the State, or qualified organizations 
        or entities to enter into contracts with the Secretary to carry 
        out employment, training, and placement services. A grant under 
        this paragraph is hereinafter in this section referred to as an 
        `incentive grant'.
            ``(B)(i) The amount of a incentive grant made under 
        subparagraph (A) shall be determined by the Secretary based on 
        the measures of performance under subsection (b) of employment, 
        training, and placement services furnished in each State. An 
        incentive grant may only be made to a State that the Secretary 
        determines has met a minimum standard of performance 
        (established by the Secretary) under such measures.
            ``(ii) Subject to clause (iii), in determining the amount 
        of an incentive grant to a State, the Secretary shall (I) 
        provide greater sums to those States which the Secretary 
        determines furnished, during the preceding fiscal year, the 
        highest quality employment, training, and placement services 
        based on measures of performance, and (II) consider factors 
        such as prevailing economic and unemployment conditions that 
        affect performance of individuals providing employment, 
        training, and placement services in the State.
            ``(iii) In no case may the amount of an incentive grant 
        under this paragraph be less than the difference between the 
        amount of a State's base grant as calculated in accordance with 
        paragraph (1)(C) and the amount of the State's base grant as 
        would be calculated without regard to that paragraph.
            ``(C) In addition to amounts authorized to be appropriated 
        to carry out this chapter, there are authorized to be 
        appropriated annually to the Secretary $10,000,000 to make 
        incentive grants under this paragraph.
    ``(d) Application.--(1) A State shall prepare and submit to the 
Secretary an application at such time, in such manner, and containing 
such assurances and information as the Secretary may require, including 
in the application for fiscal year 2002 a proposal for a 5-year plan 
that describes the manner in which the State shall furnish employment, 
training, and placement services under the demonstration program.
    ``(2)(A) Subject to subparagraphs (B) and (C), a State may include 
in its application under paragraph (1) for a base grant for a fiscal 
year a proposal to establish within the State a pilot program under 
which the State may enter into a contract with organizations or 
entities to carry out employment, training, and placement services 
within a designated labor market area of the State in that fiscal year.
    ``(B) A proposal under subparagraph (A) shall include a description 
of the organization or entity, the number (if any) of qualified 
disabled veterans and qualified veterans employed by the organization 
or entity, and proposals (if any) to employ such veterans to provide 
employment, training, and placement services under the contract.
    ``(C)(i) A State may not submit more than three proposals described 
in subparagraph (A).
    ``(ii) The Secretary may not approve proposals submitted by more 
than 10 States.
    ``(3) The Secretary shall approve an application submitted under 
this subsection that contains the assurances and information that the 
Secretary requires.
    ``(e) Terms and Conditions of Grants.--(1) The distribution and use 
of funds under a grant under subsection (c)--
            ``(A) shall be subject to such terms and conditions as the 
        Secretary may establish,
            ``(B) shall be subject to the continuing supervision and 
        monitoring of the Secretary, and
            ``(C) shall not be governed by the provisions of the 
        Workforce Investment Act of 1998, the Wagner-Peyser Act, or any 
        other law, or any regulations prescribed thereunder, that are 
        inconsistent with this section.
    ``(2) Not more than 20 percent of the funds received by a State 
under a base grant in a fiscal year may be used for administrative 
purposes in providing the employment, training, and placement services 
required under this section.
    ``(3) Each base grant shall contain a provision requiring the 
recipient of the funds to comply with the provisions of this 
section.''.
            (2) Clerical amendment.--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:

``4112. Demonstration program to modernize veterans employment, 
                            training, and placement services.''.

    (b) Flexibility in Staffing.--
            (1) Repeal.--Effective October 1, 2001, sections 4102A, 
        4103, 4103A, 4104, and 4104A are repealed.
            (2) Provision of Flexibility.--Chapter 41 is amended by 
        inserting after section 4102 the following new section:
``Sec. 4103. Employment, training, and placement service personnel
    ``(a) Establishment of Position of Assistant Secretary of Labor for 
Veterans' Employment and Training.--(1) There is established within the 
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. 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.
    ``(2)(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. The Deputy Assistant Secretary shall be a veteran.
    ``(B) No individual may be appointed as a Deputy Assistant 
Secretary of Labor for Veterans' Employment and Training unless the 
individual has at least five years of continuous service in the Federal 
civil service in the executive branch immediately preceding appointment 
as the Deputy Assistant Secretary. For purposes of determining such 
continuous service of an individual, there shall be excluded any 
service by the individual in a position--
            ``(i) of a confidential, policy-determining, policy-making, 
        or policy-advocating character;
            ``(ii) in which the individual served as a noncareer 
        appointee in the Senior Executive Service, as such term is 
        defined in section 3132(a)(7) of title 5; or
            ``(iii) to which the individual was appointed by the 
        President.
    ``(b) Additional Federal Personnel.--(1) The Secretary shall assign 
to each State a representative of the Veterans' Employment and Training 
Service to serve as the Director for Veterans' Employment and Training, 
and shall assign full-time Federal clerical or other support personnel 
to each such Director. Full-time Federal clerical or other support 
personnel assigned to Directors for 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.
    ``(2) 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.
    ``(3) 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. A person may not 
be assigned after October 9, 1996, as such a Regional Administrator 
unless the person is a veteran.
    ``(c) Preference for Qualified Veterans in Supervisory Positions.--
The Secretary shall, to the extent practicable, appoint qualified 
veterans as supervisory personnel.
    ``(d) Authority To Employ Certain State Employment Service 
Officials.--A State may employ such disabled veterans' outreach program 
specialists and local veterans' employment representatives as the State 
determines appropriate and efficient to carry out employment, training, 
and placement services under this chapter.
    ``(e) Requirement on the Secretary To Promptly Establish One-Stop 
Employment Services.--By not later than 18 months after the date of the 
enactment of 21st Century Veterans Employment and Training Act, the 
Secretary shall provide one-stop services and assistance to eligible 
veterans and eligible persons under this chapter electronically by 
means of the Internet, as defined in section 231(e)(3) of the 
Communications Act of 1934, and such other electronic means as 
facilitates the delivery of such services and assistance.''.
            (2) Conforming amendments.--(A) The last sentence of 
        section 4106(a) is amended to read as follows: ``Each budget 
        submission with respect to such funds shall include a separate 
        listing of the amount for the National Veterans' Employment and 
        Training Services Institute together with information 
        demonstrating the compliance of such budget submission with the 
        funding requirements specified in the preceding sentence.''.
            (B) Section 4107(c)(2) is amended by striking ``under 
        sections 4103A and 4104 of this title;'' and inserting ``under 
        section 4103 of this title;''.
            (C) Section 4107(c)(5) is amended by striking ``(including 
        the need'' and all that follows through ``representatives)''.
            (3) Clerical amendments.--The table of sections at the 
        beginning of chapter 41 is amended--
                    (A) by striking the items relating to sections 
                4102A, 4103, 4103A, 4104, and 4104A, respectively, and
                    (B) by inserting after the item relating to section 
                4102 the following new item:

``4103. Employment, training, and placement services personnel.''.

            (4) Effective date.--The amendments made by this subsection 
        take effect on December 1, 2000, and shall apply to 
        appointments made on or after that date.
    (c) Rule of Construction.--The repeals made by subsection (b) shall 
not be construed to--
            (1) require the Secretary of Labor or a State to terminate 
        personnel employed under those sections in effect on the date 
        of the enactment of this Act,
            (2) terminate job training intensive services and placement 
        services furnished to veterans under chapter 41 of title 38, 
        United States Code, and
            (3) affect the aggregate amount of Federal funds made 
        available to carry out that chapter.
    (d) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Labor shall submit 
        to Congress a report containing the Secretary's recommendations 
        with respect to the matters described in paragraph (2) in order 
        to provide the best possible employment and training services 
        to meet the needs of veterans in the 21st century, taking into 
        consideration methods and delivery systems for job training 
        intensive services and placement services in effect by reason 
        of the Workforce Investment Act of 1998 and availability of 
        employment and training services through the Internet and other 
        electronic means that facilitate the delivery of such services 
        and assistance. The Secretary shall consult with State agencies 
        as the Secretary determines appropriate in the preparation of 
        the report.
            (2) Matters described.--Recommendations of the Secretary 
        with respect to the matters referred to in paragraph (1) 
        include the following:
                    (A) Recommendations for revised duties of Directors 
                and Assistant Directors for Veterans' Employment and 
                Training established under section 4103 of title 38, 
                United States Code.
                    (B) Recommendations for revised titles and duties 
                of--
                            (i) disabled veterans' outreach program 
                        specialists established under section 4103A of 
                        such title, as in effect on the date of the 
                        enactment of this Act, and
                            (ii) local veterans' employment 
                        representatives established under section 4104 
                        of such title, as in effect on such date.
    (e) Inclusion of Intensive Services.--
            (1) Definition.--Section 4101 is amended by adding at the 
        end the following new paragraph:
            ``(9) The term `intensive services' means local employment 
        and training services of the type described in section 
        134(d)(3) of the Workforce Investment Act of 1998.''.
            (2) Conforming amendments.--(A) Section 4102 is amended by 
        striking ``job and job training counseling service program,'' 
        and inserting ``job and job training intensive services 
        program,''.
            (B) Section 4106(a) is amended by striking ``proper 
        counseling'' and inserting ``proper intensive services''.
            (C) Section 4107(a) is amended by striking ``employment 
        counseling services'' and inserting ``intensive services''.
            (D) Section 4107(c)(1) is amended by striking ``the number 
        counseled'' and inserting ``the number who received intensive 
        services''.
            (E) Section 4109(a) is amended by striking ``counseling,'' 
        each place it appears and inserting ``intensive services''.
    (g) Additional VETS Duty To Implement Transitions to Civilian 
Careers.--Section 4102 is amended by striking the period in the last 
sentence 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.''.
    (h) Modernization of Employment Service Delivery Points To Include 
Technological Innovations.--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 services, are offered 
        in a manner consistent with the provision of such labor 
        exchange services under the Workforce Investment Act of 
        1998.''.
    (i) Increase in Accuracy of Reporting Services Furnished to 
Veterans.--(1) Section 4107(c)(1) is amended by striking ``and eligible 
persons who registered for assistance with'' and inserting ``, eligible 
persons, and servicemembers transitioning to civilian careers who 
registered for assistance with, or who are identified as veterans 
by,''.
    (2) Section 4107(c)(2) is amended--
            (A) by striking ``the job placement rate'' the first place 
        it appears and inserting ``core indicators of performance 
        (described in subsection (b)(1)''; and
            (B) by striking ``the job placement rate'' the second place 
        it appears and inserting ``such core indicators of 
        performance''.
    (3) Section 4107(c)(4) is amended by striking ``sections 4103A and 
4104'' and inserting ``section 4212(d)''.
    (4) Section 4107(c) is amended--
            (A) by striking ``and'' at the end of paragraph (4);
            (B) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (C) by adding at the end the following new paragraph:
            ``(6) a report on the operation during the preceding 
        program year of the financial incentives program for 
        outstanding employment services under section 4112(c)(3) of 
        this title, including an analysis of aggregate amount of 
        incentives distributed to each State and the rationale for such 
        distribution.''.
    (5) Section 4107(b) is amended to read as follows:
    ``(b) Not later than December 1 of each year, the 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, and placement services 
under this chapter, as measured under subsection (b) of section 4112 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) to qualify for an incentive grant under subsection (c)(2) of 
such section, the Secretary shall include a complete 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.''.

SEC. 4. 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 of 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 12 
individuals to serve as members of the Committee, of whom 9 shall be 
appointed from among representatives nominated by organizations 
described in subparagraph (A) and of whom 3 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) State departments of veterans affairs.
                    (vi) Military service organizations.
            (B) Organizations described in this subparagraph are such 
        business, small business, civic groups,S 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.
    (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 at least 
quarterly.
    (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 are filled by the following individuals:
            (A) Staff of the Assistant Secretary of Labor for Veterans' 
        Employment and Training under section 4102A of title 38, United 
        States Code.
            (B) Directors for Veterans' Employment and Training under 
        section 4103 of such title as in effect on the date of the 
        enactment of this Act.
            (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 carry out the information campaign under 
subsection (b)(1) without regard to section 3709 of the Revised 
Statutes (41 U.S.C. 5).
    (e) Report.--Not later than December 31, 2001 through 2003, 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, 2003.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Labor from the Employment Security 
Administration account in the Unemployment Trust Fund $3,000,000 for 
each of fiscal years 2001 through 2003 to carry out this section.

SEC. 5. SENSE OF CONGRESS COMMENDING VETERANS SERVICE ORGANIZATIONS.

    It is the sense of Congress that--
            (1) veterans service organizations are to be commended for 
        the continued assistance the organizations provide veterans; 
        and
            (2) veterans service organizations should provide job 
        placement assistance to veterans who are job-ready by making 
        personal computers available with access to electronic job 
        placement services and programs available at local posts and 
        through other means.

SEC. 6. STUDY ON ECONOMIC BENEFITS TO THE UNITED STATES OF LONG-TERM 
              SUSTAINED EMPLOYMENT OF VETERANS.

    (a) Study.--The Secretary of Labor shall enter into a contract with 
an appropriate organization or entity to conduct a study to quantify 
the economic benefit to the United States attributable to the provision 
of employment and training services under chapter 41 of title 38, 
United States Code, in assisting veterans attain long-term, sustained 
employment. Such study shall include analyses on the impact of such 
employment on Federal, State, and local tax generated by reason of such 
employment, the contributions of such employment on the domestic gross 
national product, and such other indictors of the impact of such 
employment on the economy of the United States.
    (b) Report.--A condition of the contract under subsection (a) shall 
be that the organization submit to the Secretary of Labor a report on 
the study conducted by the organization not later than 18 months after 
the date on which that Secretary enters into such contract.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Labor $1,000,000 to carry out the 
provisions of this section, such sums to remain available until 
expended.
                                 <all>