[Congressional Record Volume 148, Number 65 (Monday, May 20, 2002)]
[House]
[Pages H2617-H2624]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JOBS FOR VETERANS ACT
Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 4015) to amend title 38, United States Code, to
revise and improve employment, training, and placement services
furnished to veterans, and for other purposes, as amended.
The Clerk read as follows:
H. R. 4015
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; TABLE OF CONTENTS.
(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.
(c) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; references to title 38, United States Code.
Sec. 2. Priority of service for veterans in Department of Labor job
training programs.
Sec. 3. Performance incentive awards for quality veterans employment,
training, and placement services.
Sec. 4. Refinement of job training and placement functions of the
Department.
Sec. 5. Additional improvements in veterans employment and training
services.
Sec. 6. Committee to raise employer awareness of skills of veterans and
benefits of hiring veterans.
Sec. 7. Sense of Congress commending veterans and military service
organizations.
Sec. 8. Study on economic benefits to the United States of long-term
sustained employment of veterans.
SEC. 2. PRIORITY OF SERVICE FOR VETERANS IN DEPARTMENT OF
LABOR JOB TRAINING PROGRAMS.
(a) Veterans' Job 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 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.
``(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 2002 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 levels of
service of such programs are 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) 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 Department of Labor job
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 $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 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
[[Page H2618]]
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 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) Conforming and technical amendments.--(A) Section
4212(c) is amended--
(i) by striking ``suitable''; and
(ii) by striking ``subsection (a)(2) of this section'' and
inserting ``subsection (a)(2)(B)''.
(B) Section 4212(d)(1) is amended--
(i) in the matter preceding subparagraph (A), by striking
``of this section'' after ``subsection (a)''; and
(ii) by amending subparagraphs (A) and (B) to read as
follows:
``(A) the number of employees in the workforce of such
contractor, by job category and hiring location, and the
number of such employees, by job category 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) Effective date.--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) Purpose.--The second sentence of section 4214(a)(1) is
amended--
(A) by inserting ``, competent'' after ``effective''; and
(B) by striking ``major'' and inserting ``uniquely
qualified''.
(2) Appointments.--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)--
(i) by striking subparagraphs (A) and (B);
(ii) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively,
(iii) in subparagraph (B), as so redesignated, by striking
``The limitations of subparagraphs (A) and (B) of this
paragraph'' and inserting ``The limitation of subparagraph
(A)'';
(iv) in subparagraph (C), as so redesignated, by striking
``clause (i) of subparagraphs (A) and (B) of this paragraph''
and inserting ``subparagraph (A)''; and
(v) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph:
``(A) Except as provided in subparagraph (B), a qualified
covered veteran may receive such an appointment only within
the 10-year period that begins on the date of the veteran's
last discharge or release from active duty.''.
(3) Technical amendments.--(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 by striking ``qualified''
the first place it occurs and all that follows through
``era'' the first place it occurs and inserting ``qualified
covered veterans''.
SEC. 3. PERFORMANCE INCENTIVE AWARDS FOR QUALITY VETERANS
EMPLOYMENT, TRAINING, AND PLACEMENT SERVICES.
(a) Performance Incentive Awards for Quality Employment,
Training, and Placement Services.--
(1) In general.--Chapter 41 is amended by adding at the end
the following new section:
``Sec. 4112. Performance incentive awards for quality
employment, training, and placement services
``(a) Program of Performance Incentive Awards.--(1) The
Secretary shall carry out a program, consistent with the
provisions of this section, of performance incentive awards
to States to encourage the improvement and modernization of
employment, training, and placement services provided under
this chapter. The Secretary shall carry out the program
through the Assistant Secretary of Labor for Veterans'
Employment and Training.
``(2) The Secretary shall make performance incentive awards
for each program year, beginning with the program year that
begins in fiscal year 2004, with respect to services provided
under this chapter during the preceding program year.
``(b) Criteria for Eligibility for Awards.--The Secretary
shall establish criteria for eligibility for performance
incentive awards for purposes of this section 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.
``(c) Determination of Amount of Award.--(1) The Secretary
shall determine the amount of performance incentive awards in
a State under this section by measuring the performance of
the State in providing employment, training, and placement
services furnished veterans and eligible persons in each
State through employment service delivery systems, through
disabled veterans' outreach program specialists, and through
local veterans' employment representatives during the
previous program year based on the measures of performance
established under section 4102A(b)(7) of this title.
``(2) In determining the amount of awards under paragraph
(1), the Secretary shall--
``(A) provide greater amounts 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;
``(B) provide awards to those States that have made
significant improvements in the delivery of such services, as
determined by the Secretary, but do not meet the criteria
under subparagraph (A); and
``(C) consider the applicable annual unemployment data for
the State and other factors, such as prevailing economic
conditions, that affect performance of individuals providing
employment, training, and placement services in the State.
``(d) Use of Award.--Amounts received by a State under this
section may be used--
``(1) to hire additional State veterans employment and
training staff; or
``(2) for such other purposes related to the provision of
employment, placement, and training services as the Secretary
may approve for such services furnished under this chapter to
veterans and eligible persons.
``(e) Relationship of Award to Grant Amounts or Other
Compensation.--A performance incentive award under this
section is in addition to amounts made available to a State
under section 4102A(b)(5) of this title.
``(f) Availability for Obligation.--Amounts received in a
performance incentive award under this section may be
obligated by the State during the program year in which the
award was received and the subsequent program year.
``(g) Appropriations.--The Secretary shall carry out the
program under this section from amounts appropriated pursuant
to the authorization under section 4106(b)(2) of this title.
Such amounts shall only be available to carry out the program
under this section.''.
(2) 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.''.
(b) Authorization of Appropriations.--Section 4106(b) is
amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) In addition to amounts authorized to be appropriated
under paragraph (1), there are authorized to be appropriated
to the Secretary to carry out the program of performance
incentive awards under section 4112 of this title the
following:
``(A) For the program year beginning during fiscal year
2004, $10,000,000.
``(B) For the program year beginning during fiscal year
2005, $25,000,000.
``(C) For the program year beginning during fiscal year
2006, $50,000,000.
``(D) For the program year beginning during fiscal year
2007, $75,000,000.
``(E) For the program year beginning during fiscal year
2008, $100,000,000.
``(F) For the program year beginning during fiscal year
2009 and each subsequent fiscal year, such sums as are
necessary.''.
SEC. 4. REFINEMENT OF JOB TRAINING AND PLACEMENT FUNCTIONS OF
THE DEPARTMENT.
(a) Revision of Department Level Senior Officials and
Functions.--
(1) In general.--Sections 4102A and 4103 are amended to
read as follows:
``Sec. 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. The Assistant Secretary of Labor for Veterans'
Employment and Training shall be a veteran.
``(2) The employees of the Department of Labor
administering chapter 43 of this title shall
[[Page H2619]]
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. 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) 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
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, 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--
``(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; and
``(II) the manner in which such specialists and
representatives are integrated in the employment service
delivery systems in the State.
``(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) 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 and implement a corrective action
plan to improve that rate for veterans in the State. The
State shall submit the corrective action plan to the
Secretary.
``(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.
``(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 to 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.
``(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. A
person may not be assigned after October 9, 1996, as such a
Regional Administrator unless the person is a veteran.
``(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 3 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, 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--
``(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.
``Sec. 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.
[[Page H2620]]
``(2) 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) Clerical amendments.--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.''.
(3) Conforming amendment relating to performance
standards.--(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) Effective date.--The amendments made by this subsection
shall take effect on December 1, 2002, and shall apply to
appointments made on or after that date.
(b) Revision of Statutorily Defined Duties of Disabled
Veterans' Outreach Program Specialists and Local Veterans'
Employment Representatives.--
(1) Disabled veterans' outreach program specialists.--
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) Local veterans' employment representatives.--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) Preference for Qualified Veterans.--A State shall, to
the maximum extent practicable, employ qualified veterans to
carry out the services referred to in subsection (a).
``(d) Reporting.--Each local veterans' employment
representative shall be administratively responsible to the
manager of the employment service delivery system and shall
provide reports, not less frequently than quarterly, to the
manager of such office and to the Director for Veterans'
Employment and Training for the State regarding compliance
with Federal law and regulations with respect to special
services and priorities for eligible veterans and eligible
persons.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on December 1, 2002, and shall apply to
appointments made on or after that 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) In general.--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) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act,
and apply to budget submissions for fiscal year 2004 and each
subsequent fiscal year.
(e) Conforming Amendments.--(1) Section 4107(c)(5) is
amended by striking ``(including the need'' and all that
follows through ``representatives)''.
(2) Section 3117(a)(2)(B) is amended to read as follows:
``(B) utilization of employment, training, and placement
services under chapter 41 of this title; and''.
SEC. 5. ADDITIONAL IMPROVEMENTS IN VETERANS EMPLOYMENT AND
TRAINING SERVICES.
(a) Inclusion of Intensive Services.--
(1) In general.--(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) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act.
(b) Additional VETS Duty To Implement Transitions to
Civilian Careers.--
(1) In general.--(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) Effective date.--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) In general.--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
Wagner-Peyser Act.''.
(2) Effective date.--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) In general.--(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, including an analysis of the amount of incentives
distributed to each State and the rationale for such
distribution.''.
(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
[[Page H2621]]
and organizations and entities carrying out employment,
training, and placement services under this chapter, as
measured under subsection (b)(7) of section 4102A of this
title. In the case of a State that the Secretary determines
has not met the minimum standard of performance (established
by the Secretary under subsection (f) of such section), the
Secretary shall include an analysis of the extent and reasons
for the State's failure to meet that minimum standard,
together with the State's plan for corrective action during
the succeeding year.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to reports for program years beginning on or
after July 1, 2002.
(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.
(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).
(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.
SEC. 7. SENSE OF CONGRESS COMMENDING VETERANS AND MILITARY
SERVICE ORGANIZATIONS.
It is the sense of Congress that--
(1) veterans and military service organizations are to be
commended for the continued assistance the organizations
provide veterans; and
(2) veterans and military service organizations are
encouraged to provide job placement assistance to veterans
who are job-ready by making personal computers with access to
electronic job placement services and programs available to
veterans at local posts and through other means.
SEC. 8. 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 to 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 indicators of the effect 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Smith) and the gentleman from Mississippi (Mr. Shows) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may
consume to the gentleman from Idaho (Mr. Simpson), the distinguished
chairman of our Subcommittee on Benefits of the Committee on Veterans'
Affairs.
Mr. SIMPSON. Mr. Speaker, we all agree our veterans are a unique
national resource. H.R. 4015 provides us the opportunity to approve
legislation that helps them get jobs. That is the bottom line of this
legislation.
The Jobs for Veterans Act essentially creates a new Department of
Labor delivery system for veterans' employment and training services in
light of the Government Performance and Results Act, the new One-Stop
Career Centers under the Workforce Investment Act of 1998 and the
availability of self-service job assistance by way of the Internet.
H.R. 4015 can be described in four words: Incentives, results,
flexibility and accountability in the delivery of employment and
training services for veterans through individual States and counties.
The bill we are considering will (1) give the States more program
delivery flexibility and a new performance incentive program, (2)
create a 3-year phase in period for the new funding formula, (3) create
a ``hold harmless'' provision for small States with respect to the
funding formula, (4) clarify intent regarding the hiring of veterans
for Disabled Veteran Outreach Specialists and Local Veterans
Representatives, (5) create the President's National Hire Veterans
Committee, and (6) create a one-stop, full-service job service office
on the Internet for service members and veterans.
[[Page H2622]]
The Subcommittee on Benefits of the Committee on Veterans' Affairs
has been working on this veterans' employment legislation for 2 years
now, and I applaud the hard work of the gentleman from New York (Mr.
Quinn), the gentleman from California (Mr. Filner) and the gentleman
from Arizona (Mr. Hayworth) on earlier versions of this bill. I also
want to recognize the ranking member of the Subcommittee on Benefits of
the Committee on Veterans' Affairs, the gentleman from Texas (Mr.
Reyes), for his leadership on this issue, as well as the chairman and
the ranking member of the full committee, the gentleman from New Jersey
(Chairman Smith) and the gentleman from Illinois (Mr. Evans) for their
support.
Mr. Speaker, with about 215,000 service members estimated to separate
from the armed forces in fiscal year 2003, this bill is a win-win
situation for both our veterans and the economy. I urge my colleagues
to support H.R. 4015.
Mr. SHOWS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, as an original cosponsor of H.R. 4015, I rise in strong
support of this measure, the Jobs for Veterans Act. This important
legislation will improve the delivery of job services to veterans and
the percentage of veterans who are placed in meaningful employment.
H.R. 4015 is a product of dedicated work by many people. In
particular, I want to recognize and thank our chairman, the gentleman
from New Jersey (Mr. Smith), the ranking Democrat member, the gentleman
from Illinois (Mr. Evans), the gentleman from Idaho (Mr. Simpson), the
gentleman from Texas (Mr. Reyes) and the gentleman from New York (Mr.
Quinn) for their many contributions.
For years, outdated provisions of law hampered the delivery of
employment services to veterans. H.R. 4015, as amended, provides needed
flexibility in providing job services to members. This new flexibility,
combined with performance incentives and improved measures of
performance provided by this legislation, will result in improved
employment opportunities for our Nation's veterans.
We have a national responsibility to assist our veterans in their
efforts to find and maintain stable, permanent employment. I know
firsthand that there are a lot of hard-working, caring people providing
employment services to veterans. Every day, these dedicated people
strive to fulfill our national commitment. They are the Disabled
Veterans Outreach Program Specialists, the Local Veterans Employment
Representatives, community-based nonprofits and veterans' service
organizations. Many, in fact, are veterans themselves.
I applaud the cooperative effort that has transpired among my
colleagues, the veterans' community and the Secretary of Labor to
evaluate the roles and functions of veterans' employment specialists.
Changes in the number and responsibilities of these important positions
must always be made very carefully and with consensus among the
veterans and employment service communities.
In this regard, I am pleased that the new funding formula
contemplated in H.R. 4015 focuses on the number of job-seeking veterans
in each State and each State's unemployment rate. This seems to be a
good way to factor in the unique economic and labor conditions that
might otherwise be overlooked.
I believe it is important to provide incentives to States to improve
employment services to veterans. This bill provides for financial
incentives to both States which have high quality programs and those
who show marked improvement. We have heard complaints that the current
system does not recognize the achievements of States who work hard to
place severely disadvantaged veterans, including disabled veterans, in
quality employment. I hope these incentives will encourage such
efforts.
I want to stress that although the committee has introduced some
flexibility in hiring non-veterans as Disabled Veterans Outreach
Program Specialists and Local Employment Veterans Representatives, the
committee expects those positions will ordinarily be held by veterans,
including disabled veterans. In order to monitor the flexibility
granted, States are required to report and provide supporting rationale
to the Department of Labor whenever a non-veteran is employed as a DVOP
or LVER for a period of more than 6 months.
Mr. Speaker, it is my understanding that in some cases veterans have
gone without services because no qualified veteran was available to
serve as a DVOP on even a temporary basis while efforts were under way
to recruit and train a qualified veteran. The flexibility in this bill
is intended to assure that the needs of the veterans do not get unmet
in such situations.
The provision also provides some ability to utilize the services of
non-veterans. For example, due to a geographically dispersed veterans'
population in a large State, it may not be feasible to hire veterans
for limited hours of service.
Mr. Speaker, H.R. 4015 will result in improved service to our
Nation's unemployed and underemployed veterans. I urge all Members to
support it.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I want to thank our distinguished chairman for his
leadership in authoring this bill and working it through the committee
hearings and markup, and the gentleman from Texas (Mr. Reyes) as well,
the ranking member, and the gentleman from Illinois (Mr. Evans), the
ranking member of the full committee.
It has been, again, an effort made by so many. I want to thank a few
other people on the staff again. Pat Ryan and Kingston Smith, Jeannie
McNally, Summer Larson, Darryl Kehrer, who has done yeoman's work on
this, Paige McManus, Devon Siebert, Jerry Tan, Mary McDermott, Mary
Ellen McCarthy and Beth Kilker.
Again, so much has gone into this. The distinguished chairman talked
about the 2-year effort, and that the previous chairman of the
subcommittee worked on this as well. This bill, we hope, will be very
seriously and quickly considered by the Senate side. This has to be
enacted into law as soon as humanly possible. Again, I thank him for
his leadership.
General Leave
Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days within which to revise and
extend their remarks and include extraneous material on H.R. 4015, as
amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. SMITH of New Jersey. Mr. Speaker, I have no further requests for
time, and I yield back the balance of my time.
Mr. SHOWS. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Millender-McDonald.)
{time} 1445
Ms. MILLENDER-McDONALD. Mr. Speaker, as we embark upon this Memorial
Day weekend and pay homage to our veterans, I rise in strong support of
H.R. 4015, the Jobs for Veterans Act.
I appreciate the commitment and diligent work of the Committee on
Veterans' Affairs and the distinguished gentleman from New Jersey (Mr.
Smith) and the distinguished gentleman from Illinois (Mr. Evans) and
all others who have partaken of this piece of legislation on behalf of
our Nation's veterans.
It is a familiar principle among veterans in our armed services that
we do not leave our wounded behind. Jobless and homeless veterans are
our Nation's wounded, and we cannot afford to leave them without
support. H.R. 4015 reflects the debt of gratitude we owe to those who
have served our country with honor. It also signals our enduring
commitment to the men and women in uniform who today defend our freedom
throughout the world.
Veterans represent a unique and invaluable human resource for
American society and the economy. Service personnel leave the military
knowing that they have made a vital contribution to our country.
Veterans want to continue making meaningful contributions as they
return to civilian life. However, in 21 States, fewer than 10 percent
of veterans between the ages of 22 and 44 were placed in employment
after seeking job search assistance from State service providers.
During
[[Page H2623]]
2001, there was an average of 519 unemployed veterans; and in the same
time period, 32 percent of unemployed veterans experienced 15 or more
consecutive weeks of unemployment. This is unacceptable.
Mr. Speaker, we have to do better. I urge everyone to support this
legislation.
Ms. CARSON of Indiana. Mr. Speaker, I would like to thank Chairman
Simpson and Ranking member Reyes of the Benefits Subcommittee for their
hard work to bring this bill to the floor of the House.
This bill will allow the State of Indiana to tailor our veterans
programs to provide the greatest benefit to the greatest number of
veterans. These include eligible veterans who have served since the
Vietnam War, including; Lebanon, Bosnia, Desert Storm, and Enduring
Freedom.
All 567,000 Indiana veterans and spouses of certain veterans will be
eligible for priority of service for employment, training, and
placement services in any job training program directly funded by the
Department of Labor.
It will also make eligible for federal contracts: disabled veterans;
veterans who served on active duty during a war or in a campaign or
expedition in which a campaign badge has been authorized; veterans who
participated in military operation for which an Armed Services medal
was awarded; or veterans discharged or released from military service
within the past three years.
It is important that those veterans who served their country and
settled around the country, like my home state of Indiana, should not
be penalized for their military service. In fact, it should be
celebrated.
This will allow the experience of these veterans to enrich Indiana
and add to the quality of life for all Hoosiers
All states would now have an incentive to make that extra for their
veterans, like the effort these veterans have made for our country.
Mr. Speaker, this legislation can only help the veterans in Indiana
and around the country and urge all my colleagues to join in my
support.
Mr. HASTINGS of Florida. Mr. Speaker, this bill on the floor today
will significantly improve the lives of the veterans who have served us
so honorably.
H.R. 4015, the Jobs for Veterans Act, grants priority placement in
certain job training programs for veterans and their spouses. Beginning
with $10 million in FY 2004, this bill authorizes increasing amounts
through FY 2008, and such sums as may be necessary in FY 2009 and
succeeding years, for a new performance incentive awards program to
encourage states to improve their employment, training, and placement
programs for veterans. This incentive program will award the states
that have the best record in helping veterans find work. The awards
will take the form of new contracts for veterans employment programs.
This bill also establishes the President's National Hire Veterans
Committee to take actions to facilitate the employment of veterans and
disabled veterans.
Mr. REYES. Mr. Speaker, I thank Chairman Smith, Democratic Ranking
Member Evans, and the Chairman of our Subcommittee, Mike Simpson, for
their work on H.R. 4015. This bill is the product of a lot of hard work
by our present Benefits Subcommittee as well as its former Chairman,
Jack Quinn, and Ranking Member Bob Filner.
When enacted, this measure will result in increased and improved job
placements for veterans who use the public labor exchange and receive
assistance from Disabled Veterans Program Outreach and Local Veterans
Employment Representatives.
Mr. Speaker, during our hearing on this bill, I was particularly
disturbed that March 2002, data from the Bureau of Labor Statistics
(BLS) indicated a very high rate of unemployment for young male
veterans, especially minority veterans. In March 2002, male veterans
aged 20 to 24 had an unemployment rate of 26 percent compared to 12
percent of all males. For African Americans, the rate was 54 percent
and for Hispanic veterans, 30 percent. At this point in time, it is not
clear if the data from March 2002, which is considerably worse than
that reported during all of Fiscal Year 2001, is an anomaly or a trend.
I expect the Department of Labor, under the provisions of this bill, to
pay special attention to areas where minority veterans are
disproportionately represented in the unemployed labor force. I hope
that by providing more flexibility to the States, intensive services
will be directed to such veterans.
During the hearing on the bill, some concerns were raised concerning
increased flexibility to the states in permitting nonveterans to be
employed as Disabled Veterans Outreach Program Specialists (DVOP) and
Local Veterans Employment Representatives (LVER). I requested that
certain changes be made in the bill and I appreciate Chairman Simpson's
cooperation in strengthening this section of the bill.
In order to emphasize the Committee's expectation that these
positions ordinarily be filled by veterans, the language in the bill
now indicates that to ``the maximum extent practicable'', veterans be
employed in these positions. Since the bill allows for part time as
well as full time employees in these positions, the States may find
circumstances under which a qualified veteran may not be available to
provide services most effectively or efficiently. In order to assure
compliance with the Committee's intention that permanent positions
ordinarily be filled by veterans, the States are required to submit
information and supporting rationale to the Secretary whenever
nonveterans are employed in these positions for more than six months. I
intend to monitor this provision closely.
I believe that H.R. 4015 will provide the states with the flexibility
that they need in order to effectively meet the needs of veterans in
the 21st century. I urge all Members to support this bill.
Mr. GILMAN. Mr. Speaker, I rise today in strong support of H.R. 4015,
the Jobs for Veterans Act, and I commend the distinguished Chairman of
the Veterans Affairs Committee, the gentleman from New Jersey, Mr.
Smith.
This legislation provides priority of service to veterans and spouses
of certain veterans for the receipt of employment, training, and
placement services in any job training program directly funded, in
whole or in party by the Department of Labor. This bill also provides,
with respect to Federal contracts and subcontracts in the amount of
$100,000 or more, the contractor to take affirmative action to employ
and advance in employment qualified veterans, including listing
employment openings immediately through the appropriate employment
delivery system.
This measure also changes ``Veterans Readjustment Authority (VRA)''
to ``Veterans Recruitment Authority'' and changes eligibility for such
appointment from Vietnam ERA and post-Vietnam ERA veterans to qualified
covered veterans within the 10-year period that begins on the date of
the veterans' last discharge; the 10-year period will not apply to a
veteran with a service-connected disability of 30 percent or more.
Additionally, the bill requires the Secretary to carry out a program
of performance incentive cash awards to States to encourage the
improvement and modernization of employment, training and placement
services to veterans; such program begins with the program year that
begins in FY 2004, with respect to services provided during the
preceding program year.
Funding for this incentive program is authorized to be appropriated
for the Secretary to carry out a program of performance incentive
awards of $10 million for the program year beginning in FY 2004 (for
performance in FY 2003); $25 million for the program year beginning in
FY 2005; $50 million for the program year beginning in FY 2006; $75
million for the program year beginning in FY 2007; and $100 million for
the program year beginning in FY 2008.
This bill also makes a number of adjustments to the manner in which
the Secretary of the VA furnishes veterans job training funds to the
States. The primary goal of the change is to fund States in proportion
to the level of veterans who are seeking employment with it. This
change will be phased in over a three year period beginning in October
2002.
Finally, this measure directs the VA to develop and implement
comprehensive accountability system to measure the performance of
training programs within the States.
Mr. Speaker, like the other veterans measures being considered by the
House today, this bill is appropriately paying tribute to the service
and sacrifice for our Nation's veterans, by offering improvements to
existing job training programs. Accordingly, I urge my colleagues to
give H.R. 4015 their unqualified support.
Mr. SHOWS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. LaTourette). The question is on the
motion offered by the gentleman from New Jersey (Mr. Smith) that the
House suspend the rules and pass the bill, H.R. 4015, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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