[Congressional Record Volume 148, Number 135 (Tuesday, October 15, 2002)]
[Senate]
[Pages S10476-S10479]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         JOBS FOR VETERANS ACT

  Mr. DASCHLE. I ask unanimous consent that the Veterans Affairs 
Committee be discharged from further consideration of H.R. 4015, and 
the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 4015) to amend title 38, of the United States 
     Code, to revise and improve employment, training and 
     placement services furnished to veterans, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. ROCKEFELLER. Mr. President, as Chairman of the Committee on 
Veterans' Affairs, I am pleased the Senate supports H.R. 4015, the 
proposed ``Jobs for Veterans Act,'' as modified by a Manager's 
Amendment which reflects a final compromise developed by the House and 
Senate Veterans' Affairs Committees. This legislation would improve the 
employment, training and placement services furnished to the men and 
women who have served our Nation.
  At the conclusion of World War II, Congress made job placement for 
veterans a national priority. Legislation passed then created special 
employment services for returning troops, establishing hiring 
priorities for veterans in federal employment and giving them early 
notice of jobs in the private sector.
  Later, Congress provided grants to states to hire experts with 
experience in placing veterans into civilian jobs. These experts, 
called Local Veterans' Employment Representatives and Disabled Veterans 
Outreach Program Specialists, serve veterans through state employment 
service offices and one-stop centers. Currently, the funding to hire 
these specialists is provided by a rigid formula that affords states 
little flexibility in allocating personnel for veterans' employment 
services.
  The Jobs for Veterans Act would change this formula, and would remove 
restrictions on how states can employ these experts in veterans' 
employment. I expect that these changes will enable the Department of 
Labor to rise above the criticism the veterans employment programs have 
recently drawn. These necessary changes would allow states to tailor 
their employment services to better serve our Nation's veterans.
  Mr. President, the ``Jobs for Veterans Act'' would additionally 
restore priority of service to veterans, and spouses of certain 
veterans, for employment, training and placement and extend it to any 
job training program administered by the Department of Labor. 
Additionally, the Secretary of Labor would be authorized to set 
priorities among eligible veterans and spouses by taking into account 
their special needs.
  H.R. 4015 would also modify the threshold that determines when 
Federal contractors and subcontractors must take affirmative action to 
employ--and to advance in employment--qualified veterans, including 
immediately listing employment openings for such contracts. This 
modified threshhold keeps pace with inflation, and provides the Office 
of Contract Compliance with a manageable amount of contracts to oversee 
and assure that contractors are meeting their obligations.
  This legislation would also provide special financial and 
nonfinancial incentives to state employees to encourage them to develop 
improved and modern employment services for veterans. The awards would 
be administered through the states, based on criteria established by 
the Secretary of Labor in consultation with the states.
  In some states, certain economic obstacles may create serious 
challenges to finding appropriate job placements for veterans. The 
``Jobs for Veterans Act'' would allow the Secretary of Labor to give 
technical assistance to states that might need help in finding 
solutions, and would mandate that the state develop and implement a 
corrective plan to be approved by the Secretary.
  As we ask the young men and women of this Nation to prepare 
themselves to take up arms in its defense, we must ensure that we will 
be able to help them find productive careers upon their return as we 
did for the previous generations that defended our freedoms. I am 
pleased colleagues have joined in supporting this bill on behalf of 
those who have served, and those who will serve in the future.
  Mr. President, I ask unanimous consent that the accompanying joint 
explanatory statement be printed in the Record following this 
statement.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       Summary of H.R. 4015, as Amended by a Manager's Amendment


                         jobs for veterans act

       Revises and improves employment, training and placement 
     services furnished to veterans.
       Provides priority of service (over non-veterans) to 
     veterans and spouses of certain veterans in job training 
     programs funded by the Department of Labor.
       Revises the current formula for funding veterans employment 
     service providers in State employment offices, and removes 
     restrictions on how they are used by the State. This is to 
     give States greater flexibility in how they provide 
     employment, training and placement services to veterans.
       Modifies the threshold for when Federal contractors and 
     subcontractors must take affirmative action to employ and 
     advance in employment qualified veterans, including 
     immediately listing employment openings for such contracts.
       Promotes employment and job advancement opportunities 
     within the Federal government for disabled veterans, veterans 
     who served in a military operation for which a service medal 
     was awarded, and recently separated veterans by removing an 
     eligibility restriction that allowed only Vietnam veterans to 
     participate in these opportunities.

[[Page S10477]]

       Establishes financial and non-financial incentive awards 
     for state employees who furnish quality employment, training 
     and placement services to veterans.
       Requires the Department of Labor to set performance 
     standards for states and when those standards are not met for 
     a corrective action plan be submitted to the Secretary for 
     approval. Authorizes the Secretary to have on-going authority 
     to furnish technical assistance to any State that the 
     Secretary determines to have a deficient entered-employment 
     rate, including assessment in developing a corrective action 
     plan.
       Establishes the President's National Hire Veterans 
     Committee that would furnish information to employers 
     regarding the advantages afforded employers by hiring 
     veterans.
                                  ____


Joint Explanatory Statement on Senate Amendments to House Amendments to 
                               H.R. 4015

       H.R. 4015, as amended, the Jobs for Veterans Act, reflects 
     a Compromise Agreement the House and Senate Committees on 
     Veterans' Affairs have reached on H.R. 4015, as amended, 
     (``House Bill''). H.R. 4015, as amended, passed the House of 
     Representatives on May 21, 2002. There is no comparable 
     Senate bill.
       The House and Senate Committees on Veterans' Affairs have 
     prepared the following explanation of H.R. 4015, as amended, 
     (``Compromise Agreement''). Clerical corrections, conforming 
     changes, and minor drafting, technical, and clarifying 
     changes are not noted in this document.


 priority of service for veterans in department of labor job training 
                                programs

     Current law
       Section 4212 of title 38, United States Code, requires that 
     for certain Federal contracts of $25,000 or more, contractors 
     and subcontractors take affirmative action to employ and 
     advance in employment ``special disabled veterans'' (veterans 
     with serious employment handicaps or disability ratings of 30 
     percent or higher), Vietnam-era veterans, recently-separated 
     veterans, and other veterans who are ``preference eligible.'' 
     Preference eligible veterans generally are veterans who have 
     served during wartime or in a campaign or expedition for 
     which a campaign badge has been authorized.
       Under section 4214 of title 38, United States Code, the 
     Office of Personnel Management administers the Veterans 
     Readjustment Appointment (``VRA'') authority program to 
     promote employment and job advancement opportunities within 
     the Federal government for disabled veterans, certain 
     veterans of the Vietnam era, and veterans of the post-Vietnam 
     era who are qualified for such employment and advancement. In 
     general: (1) such appointments may be made up to and 
     including the GS-11 level or its equivalent; (2) a veteran 
     shall be eligible for such an appointment without regard to 
     the veteran's number of years of education; (3) a veteran who 
     receives VA disability compensation shall be given preference 
     for a VRA appointment over other veterans; (4) upon receipt 
     of a VRA appointment, a veteran may receive training or 
     education if the veteran has less than 15 years of education; 
     and (5) upon successful completion of the prescribed 
     probation period, a veteran may acquire competitive status. 
     Except for a veteran who has a service-connected disability 
     rated at 30 percent or more, a veteran of the Vietnam era may 
     receive a VRA appointment only during the period ending 10 
     years after the date of the veteran's last separation from 
     active duty or December 31, 1995, whichever is later.
     House bill
       Section 2 of H.R. 4015 would create a new section 4215 
     within chapter 42 of title 38, United States Code, to provide 
     priority of service (over non-veterans) to veterans and 
     spouses of certain veterans for the receipt of employment, 
     training, and placement services in any qualified job 
     training program directly funded, in whole or in part, by the 
     Department of Labor, notwithstanding any other provision of 
     law. The Secretary of Labor would be authorized to establish 
     priorities among such covered persons to take into account 
     the needs of disabled veterans and such other factors as the 
     Secretary determines appropriate.
       With respect to Federal contracts and subcontracts in the 
     amount of $100,000 or more, section 2 would provide that a 
     contractor and any subcontractor take affirmative action to 
     employ and advance in employment qualified veterans. This 
     would include immediate listing of employment openings for 
     such contracts through the appropriate employment delivery 
     system.
       Section 2 would also change the Veterans Readjustment 
     Appointment (``VRA'') to the ``Veterans Recruitment 
     Appointment'' authority and change eligibility for these 
     appointments from Vietnam era and post-Vietnam era veterans 
     to qualified covered veterans (see below) within the 10-year 
     period that begins on the date of the veteran's last 
     discharge, the 10-year period would not apply to a veteran 
     with a service-connected disability of 30 percent or more.
       Finally, section 2 would make eligible as ``covered 
     veterans'' for Federal contracts and subcontracts and the 
     Veterans Recruitment Appointment authority: disabled 
     veterans; veterans who served on active duty during a war or 
     in a campaign or expedition for which a campaign badge has 
     been authorized; 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; or veterans discharged or released from military 
     service within the past three years.
     Compromise agreement
       Section 2 of the Compromise Agreement follows the House 
     language with amendments.
       The agreement would delete the 10-year eligibility period 
     for a VRA appointment, in light of the broader Veterans 
     Recruitment (not ``Readjustment'') Appointment authority 
     embodied in the Compromise Agreement.
       The Committees note that the definition of the term 
     ``covered person'' for priority of service in Department of 
     Labor veterans job training programs includes both veterans 
     and certain spouses and surviving spouses of deceased 
     veterans. Specifically, the provision would include a 
     surviving spouse of a veteran who died as a result of a 
     service-connected disability, including the surviving spouse 
     of a veteran who died in the active military, naval or air 
     service, and the surviving spouse of a veteran who was 
     totally disabled at the time of death. The provision would 
     also apply to spouses of active duty servicemembers who 
     have for a period of at least 90 days been missing in 
     action, captured by a hostile force or forcibly detained 
     or interned in line of duty by a foreign government and 
     the spouses of veterans who are totally disabled due to a 
     service-connected disability.


 financial and non-financial performance incentive awards for quality 
         veterans employment, training, and placement services

     Current law
       No provision.
     House bill
       Section 3 of H.R. 4015 would create a new section 4112 
     within chapter 41 of title 38, United States Code, to require 
     the Secretary to carry out a program of performance incentive 
     awards to States to encourage improvement and modernization 
     of employment, training and placement services to veterans. 
     The Secretary would provide greater amounts to States that 
     furnish the highest quality of services, but also would 
     provide awards to States that have made significant 
     improvements in services. States could use such awards to 
     States that have made significant improvements in services. 
     States could use such awards to hire additional State 
     veterans' employment and training staff for such other 
     purposes relating to these services that the Secretary may 
     approve. Awards would be obligated by the State during the 
     program year in which the award was received and the 
     subsequent program year.
       Section 3 also would authorize additional funds to be 
     appropriated for the Secretary to carry out the program of 
     performance incentive awards in the following amounts: $10 
     million for the program year beginning in fiscal year 2004; 
     $25 million for the program year beginning in fiscal year 
     2005; $50 million for the program year beginning in fiscal 
     year 2006; $75 million for the program year beginning in 
     fiscal year 2007; and $100 million for the program year 
     beginning in fiscal year 2008.
     Compromise agreement
       Section 3 of the Compromise Agreement would establish a 
     system of financial and non-financial incentive awards to be 
     administered by the States, based on criteria established by 
     the Secretary in consultation with the States. Disabled 
     Veterans Outreach Program Specialists (``DVOP''), Local 
     Veterans Employment Representatives (``LVER''), Workforce 
     Investment Act (``WIA''), and Wagner-Peyser staffs would be 
     eligible for each award. Beginning in program years during or 
     after fiscal year 2004, the Secretary would be required to 
     identify and assign one percent of the annual grant to each 
     State for the State to use as a performance incentive 
     financial award (see section 4). Under this section, each 
     State would be required to describe how it would administer 
     this award in its annual grant application to the Secretary 
     (see section 4). States would also administer the non-
     financial performance incentive award program based on 
     criteria established by the Secretary.
       The Committees intend that the Secretary's criteria be 
     broad in order to give States maximum flexibility in the 
     manner chosen to recognize employees for excellence in 
     service delivery to veterans or improvements thereto. The 
     Committees also intend that States use Salary and Expense 
     (S&E) funds to pay for such items as employee recognition 
     plaques and other modest forms of recognition, as part of the 
     non-financial performance incentive awards program.


  refinement of job training and placement functions of the department

     Current law
       Chapter 41 of title 38, United States Code, establishes 
     policies governing the administration of veterans' employment 
     and training services by the States, as funded by Department 
     of Labor funds.
       Section 4101 of title 38, United States Code, defines terms 
     used in the chapter, such as ``disabled veteran,'' ``eligible 
     person,'' and ``local employment service office.''
       In section 4102, Congress declares as its intent and 
     purpose that there shall be an effective: (1) job and 
     training counseling service program; (2) employment placement 
     service program; and (3) job training placement service 
     program for eligible veterans and eligible persons.
       Section 4102A specifies the job duties of the Assistant 
     Secretary of Labor for Veterans'

[[Page S10478]]

     Employment and Training (``ASVET'') and Regional 
     Administrators for Veterans' Employment and Training 
     (``RAVET''). The RAVET is required to be a veteran. The 
     Deputy Assistant Secretary for Veterans Employment and 
     Training (``DASVET'') is also required to be a veteran. The 
     ASVET need not be a veteran.
       Section 4103 prescribes in detail the 15 job duties of 
     Directors (``DVET'') and Assistant Directors (``ADVET'') of 
     Veterans' Employment and Training. It also requires that the 
     Secretary of Labor assign to each State one ADVET for every 
     250,000 veterans and eligible persons in the State veteran's 
     population.
       Section 4103A prescribes the appointment of one DVOP for 
     every 7,400 veterans who are between the ages of 20 and 64 
     residing in each State. This section also requires that each 
     DVOP be a veteran and specifies that preference be given to 
     qualified disabled veterans in filling these positions. It 
     prescribes where a DVOP is to be stationed in furnishing 
     services and the specific functions that DVOPs perform.
       Section 4104 requires that in any fiscal year funding be 
     available to the States to employ 1,600 full-time LVERs. This 
     section prescribes that funding furnished to the States for 
     LVERs shall be assigned in each States on January 1, 1987, 
     plus one additional LVER per State. This section also 
     specifies in detail the manner in which the 1,600 LVERs shall 
     be allocated to the States, and the manner in which the 
     States shall assign LVERs to local employment service offices 
     based on the number of veterans and eligible persons 
     who register for assistance. This section also requires 
     that in appointing LVERs, preference shall be given to 
     qualified eligible veterans or eligible persons. 
     Preference is accorded first to qualified eligible 
     veterans, and then to qualified eligible persons. Lastly, 
     this section prescribes the specific functions that LVERs 
     shall perform.
       Section 4104A requires that each State employment agency 
     develop and apply DVOP and LVER programs. It requires the 
     Secretary to furnish prototype standards to the States. This 
     section also requires DVETs and ADVETs to furnish appropriate 
     assistance to States in developing and implementing such 
     standards.
       Section 4106 requires the Secretary to estimate the funds 
     necessary for the proper and efficient administration of 
     chapters 41, 42, and 43 of title 38, United States Code. This 
     section authorizes such sums as may be necessary for 
     administration of chapter 41 services, including the National 
     Veterans' Employment and Training Services Institute 
     (``NVETSI'').
       In general, section 4107 of title 38, United States Code, 
     requires the Secretary of Labor to establish and carry out 
     various administrative controls to ensure veterans and 
     eligible persons receive job placement, job training, or some 
     other form of assistance such as individual job development 
     or employment counseling services. This section also requires 
     the Secretary to submit to the Committees on Veterans' 
     Affairs of the House and Senate not later than February 1 of 
     each year, a report on the success during the previous 
     program year of the Department of Labor (``DOL'') and State 
     employment service agencies in furnishing veterans' 
     employment and training services.
       Section 4109 requires that the Secretary make available 
     such funds as may be necessary to operate a NVETSI for 
     training DVOP, LVER, DVET, ADVET, and RAVET personnel.
     House bill
       Section 4 of H.R. 4015 would amend sections 4102A, 4103, 
     4103A, 4104, and 4109 of title 38, United States Code.
       Section 4 of H.R. 4015 would amend current law section 
     4102A, of title 38, United States Code. The ASVET would be 
     required to be a veteran. It also would impose new 
     qualifications for the position of DASVET. In doing so, it 
     would make this position a career federal civil service 
     position. The individual appointed to this position would be 
     required to have at least five years of continuous Federal 
     service in the executive branch immediately preceding 
     appointment as Deputy Assistant Secretary, and to be a 
     veteran.
       This section would set forth conditions for receipt of 
     funding by States to include a requirement that a State 
     submit an application for a grant or contract describing the 
     manner in which the State would furnish employment, training, 
     and placement services. A service delivery plan would include 
     a description of the DVOP and LVER duties assigned by the 
     State and other matters.
       Section 4 would revise the methods by which the Secretary 
     furnishes funds to a State. It would require the Secretary to 
     make funds available for a fiscal year to each State in 
     proportion to the number of veterans seeking employment using 
     such criteria as the Secretary may establish in regulations. 
     Under this section, the proportion of funding would reflect 
     the ratio of the total number of veterans residing in the 
     State who are seeking employment to the total number of 
     veterans seeking employment in all States.
       Section 4 also would require:
       1. A state to annually submit to the Secretary of Labor an 
     application for a grant or contract that includes a plan 
     describing the manner in which the State would furnish 
     employment, training, and placement services, with a 
     description of DVOP and LVER duties assigned by the State. 
     The plan would also be required to describe the manner in 
     which DVOPs and LVERs would be integrated into the employment 
     service delivery systems in the State, the veteran population 
     to be served, and additional information the Secretary might 
     require;
       2. The Secretary to make available to each State based on 
     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 might 
     establish in regulation, including civilian labor force and 
     unemployment data;
       3. The Secretary to phase-in such annual funding over the 
     three fiscal year-periods that begin on October 1, 2002;
       4. The Secretary to establish minimum funding levels and 
     hold-harmless criteria in administering funding to the 
     States;
       5. The State to develop and implement a corrective action 
     plan to be submitted to the Secretary when a State has an 
     entered-employment rate that the Secretary determines is 
     deficient for the proceeding year;
       6. The Secretary to establish by regulation a uniform 
     national threshold entered-employment rate for a program year 
     by which determinations of deficiency might be made. The 
     Secretary would be required to take into account 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;
       7. The State to notify the Secretary on an annual basis of, 
     and provide a supporting rationale for, each non-veteran who 
     is employed as a DVOP and LVER for a period in excess of six 
     months;
       8. The Secretary to assign to each region a representative 
     of the Veterans' Employment and Training Service (``VETS'') 
     to serve as RAVET. The RAVET would be required to be a 
     veteran; and
       9. The ASVET to establish and implement a comprehensive 
     accountability system to measure the performance of delivery 
     systems in a State. The accountability system would be 
     required to be (1) consistent with State performance measures 
     applicable under section 136(b) of the Workforce Investment 
     Act of 1998, and (2) appropriately weighted to provide 
     special consideration for veterans requiring intensive 
     services and for veterans who enroll in readjustment 
     counseling services furnished by the Department of Veterans 
     Affairs.
       Supervisory Personnel. Section 4 would also amend current 
     section 4103 of title 38, United States Code, to authorize 
     the Secretary to assign as supervisory personnel such 
     representatives of VETS as the Secretary determines 
     appropriate. It would also replace the specific requirements 
     for appointment of ADVET with a more flexible authority to 
     appoint supervisory personnel.
       Disabled Veterans Outreach Program Specialist. This section 
     would amend current section 4103A of title 38, United States 
     Code, to require, subject to approval by the Secretary, that 
     States employ a sufficient number of full or parttime DVOPs 
     to carry out intensive services to meet the employment needs 
     of special disabled veterans, other disabled veterans and 
     other eligible veterans. It would require to the maximum 
     extent practicable, that such employees be qualified 
     veterans. Preference would be given to qualified disabled 
     veterans.
       Local Veterans Employment Specialists. Section 4 would 
     amend current law section 4104 of title 38, United States 
     Code, by requiring, subject to approval by the Secretary, 
     that a State employ such full and part-time LVERs as the 
     State determines appropriate and efficient to carry out 
     employment, training, and placement services. It would 
     require, to the maximum extent practicable, that such 
     employees be qualified veterans.
       This section would require that each LVER be 
     administratively responsible to the manager of the employment 
     service delivery system. Under this section, the LVER would 
     provide reports, not less frequently than quarterly, to the 
     manager of such office and to the DVET for the State 
     regarding compliance with Federal law and regulations with 
     respect to special services and priorities for eligible 
     veterans and eligible persons.
       National Veterans' Employment and Training Services 
     Institute. Additionally, section 4 would amend current 
     section 4109 of title 38, United States Code, to clarify the 
     authority of the NVETSI 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 in 
     providing veterans' employment, training, and placement 
     services. Further, it would require that each annual budget 
     submission include a separate listing of the amount of 
     funding proposed for NVETSI.
       Finally, section 4 would require that the Secretary, within 
     18 months of enactment, enhance the delivery of services by 
     providing ``one-stop'' services and assistance to covered 
     persons by way of the Internet and by other electronic means.
     Compromise agreement
       Section 4 of the Compromise Agreement follows the House 
     language with amendments.
       Under this section, the individual appointed as DASVET 
     would be required to have at least five years of service in a 
     management position as a Federal civil service employee or 
     comparable service in a management position in the Armed 
     Forces preceding appointment as DASVET.
       The annual grant application plan submitted by the States 
     would have an additional requirement to describe the manner 
     in

[[Page S10479]]

     which the respective States would administer the performance 
     incentives established in section 3. The Committees note that 
     other aspects of the State plan and grant application 
     requirements contained in the House-passed bill, such as 
     describing DVOP and LVER duties, are retained.
       The Compromise Agreement clarifies that State corrective 
     action plans would be submitted to the Secretary for 
     approval, and if approved, would be expeditiously 
     implemented. If the Secretary disapproves a corrective action 
     plan, the Secretary would be required to take such steps as 
     would be necessary for the State to implement corrective 
     actions.
       The Secretary would also be required to identify and assign 
     one percent of the funding grant to each State to establish 
     financial performance incentive awards. Further, the 
     Secretary would have on-going authority to furnish technical 
     assistance to any State that the Secretary determines has, or 
     may have, a deficient entered-employment rate, including 
     assistance in developing a corrective action plan.
       The Committees intend that the Secretary should offer 
     technical assistance in an anticipatory way, so as to avoid 
     deficient performance.
       The Compromise Agreement would require that the DVET be a 
     bona fide resident of the State for two years to qualify for 
     such a position.
       Lastly, the Compromise Agreement does not require that the 
     ASVET, DASVET, RVET, DVET, or ADVET be veterans. The 
     Committees encourage the appointment of veterans to these 
     positions but do not believe a statutory requirement is 
     necessary.
       The amendments made by subsection (a) revising department 
     level senior officials and functions, and subsection (b) 
     revising statutorily-defined duties of DVOP and LVERs, would 
     take effect on the date of enactment of this Act, and apply 
     to program and fiscal years under chapter 41 of title 38, 
     United States Code, beginning on or after such date.


 additional improvements in veterans' EMPLOYMENT AND training SERVICES

     Current law
       Sections 4102, 4106(a), 4107(a), 4107(c)(1), and section 
     4109(a) of title 38, United States Code, refer to terms such 
     as ``job and job training counseling service program'' 
     ``proper counseling,'' ``employment counseling services,'' 
     ``the number counseled,'' and ``counseling,'' respectively, 
     in describing services available to veterans and eligible 
     persons under this chapter.
       Section 4101(7) of title 38, United States Code, defines 
     the term ``local employment service office'' as a service 
     delivery point which has an intrinsic management structure 
     and at which employment services are offered in accordance 
     with the Wagner-Peyser Act.
       Section 4107(c)(1) of title 38, United States Code, defines 
     ``veterans of the Vietnam era'' as a group which the 
     Secretary must address with respect to various employment and 
     training services in the annual report to the Committees on 
     Veterans' Affairs. Section 4107(c)(2) requires submission in 
     the report of data on the ``job placement rate'' for veterans 
     and eligible persons.
     House bill
       Section 5 of H.R. 4015 would substitute the words 
     ``intensive services'' for the word ``counseling'' throughout 
     chapter 41 of title 38, United States Code, so as to make the 
     chapter consistent with section 134(d)(3) of the Workforce 
     Investment Act of 1998, Public Law 105-220. This section 
     would also add programs carried out by the VETS to ease 
     transition of servicemembers to civilian careers as a new 
     program the Secretary would administer.
       This section of the bill would make a definitional change 
     so as to replace ``local employment service office'' and its 
     current-law definition with ``employment service delivery 
     system.'' The latter term would be redefined as 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.
       This section also would replace ``job placement rate'' with 
     ``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).'' 
     Further, with respect to the Secretary's annual report, it 
     would replace ``veterans of the Vietnam era'' and ``eligible 
     persons registered for assistance'' with ``eligible persons, 
     recently separated veterans (as defined in section 4211(6) of 
     title 38), and servicemembers transitioning to civilian 
     careers who are registered for assistance.''
       Lastly, section 5 would add two additional requirements to 
     the Secretary's annual report submitted to the Committees on 
     Veterans' Affairs of the House and Senate. First, the report 
     must include information 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. Second, a report would be 
     required on the ``performance of States and organizations and 
     entities carrying out employment, training, and placement 
     services under this chapter, as measured by revised 
     performance criteria. In the case of a State that the 
     Secretary determines has not met the minimum standard of 
     performance established by the Secretary, the Secretary would 
     be required to 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.''
     Compromise agreement
       Section 5 of the Compromise Agreement follows the House 
     language with an amendment. The Secretary's annual report to 
     the Committees on Veterans' Affairs of the House and Senate 
     would be required to include information on the operation 
     during the preceding program year of performance incentive 
     awards for quality employment services administered through 
     the States. The report would not require an analysis of the 
     amount of incentives distributed to each State and the 
     rationale for such distribution because each State's DVOP/
     LVER grant would identify and assign one percent of the grant 
     for use by State for the financial incentive awards.


    COMMITTEE TO RAISE EMPLOYER AWARENESS OF SKILLS OF VETERANS AND 
                      BENEFITS OF HIRING VETERANS

     Current law
       No provision.
     House bill
       Section 6 of H.R. 4015 would authorize $3 million to be 
     appropriated to the Secretary of Labor from the Employment 
     Security Administration account in the Unemployment Trust 
     Fund for each of fiscal years 2003 through 2005 to establish 
     within the Department of Labor the President's National Hire 
     Veterans Committee. The Committee would furnish information 
     to employers with respect to the training and skills of 
     veterans and disabled veterans, and with respect to the 
     advantages afforded employers by hiring veterans. The 
     Secretary of Labor would provide staff and administrative 
     support to the Committee to assist it in carrying out its 
     duties under this section. Upon request of the Committee, the 
     head of any Federal department or agency would be authorized 
     to detail staff on a non-reimbursable basis. The Committee 
     would also have the authority to contract with government and 
     private agencies to furnish information to employers. The 
     Committee would terminate on December 31, 2005.
     Compromise agreement
       Section 6 of the Compromise Agreement contains the House 
     language.


      sense of congress commending veterans and military service 
                             organizations

     Current law
       No provision.
     House bill
       Section 7 of the H.R. 4015 would express the sense of 
     Congress commending veterans and military service 
     organizations, and encouraging them to provide job placement 
     assistance to veterans who are job-ready by making personal 
     computers available to them with access to electronic job 
     placement services and programs.
     Compromise agreement
       The Compromise Agreement does not include this section.


             report on implementation of employment reforms

     Current law
       No provision.
     House bill
       Section 8 of H.R. 4015 would authorize $1 million for the 
     Secretary of Labor to enter into a contract with an 
     appropriate organization or entity to conduct an 18-month 
     study to quantify the economic benefit to the United States 
     attributable to the provision of employment and training 
     services provided under chapter 41 of title 38, United States 
     Code, in helping veterans to attain long-term, sustained 
     employment.
     Compromise agreement
       Section 7 of the Compromise Agreement would direct the 
     Comptroller General of the United States to conduct a study 
     on the implementation by the Secretary of Labor of the 
     provisions of this title during the program years that begin 
     during fiscal years 2003 and 2004. The study would include an 
     assessment of the effect of this title on employment, 
     training, and placement services furnished to veterans. Not 
     later than six months after the conclusion of the program 
     year that begins during fiscal year 2004, the Comptroller 
     General would submit to Congress a report on the conducted 
     study. Under this section, the report would include 
     recommendations for legislation or administrative action.

  Mr. DASCHLE. I ask unanimous consent that the Rockefeller substitute 
amendment at the desk be agreed to, the bill be read the third time and 
passed, and the motion to reconsider be laid upon the table, with no 
intervening action or debate, and that any statements be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4884) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (H.R. 4015), as amended, was read the third time and passed.




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