Pub.L. 107-289 To amend title 31, United States Code, to expand the types of Federal agencies that are required to prepare audited financial statements. <> ...

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[[Page 116 STAT. 2033]]

Public Law 107-288
107th Congress

                                 An Act


 
To amend title 38, United States Code, to revise and improve employment, 
 training, and placement services furnished to veterans, and for other 
            purposes. <<NOTE: Nov. 7, 2002 -  [H.R. 4015]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Jobs for Veterans 
Act.>> assembled,

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

    (a) Short Title.--This <<NOTE: 38 USC 101 note.>> 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.

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

    (a) Veterans' Job Training Assistance.--(1) Chapter 42 is amended by 
adding at the end the following new section:

``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.

[[Page 116 STAT. 2034]]

            ``(2) The term `qualified job training program' means any 
        workforce preparation, development, or delivery program or 
        service that is directly funded, in whole or in part, by the 
        Department of Labor and includes the following:
                    ``(A) Any such program or service that uses 
                technology to assist individuals to access workforce 
                development programs (such as job and training 
                opportunities, labor market information, career 
                assessment tools, and related support services).
                    ``(B) Any such program or service under the public 
                employment service system, one-stop career centers, the 
                Workforce Investment Act of 1998, a demonstration or 
                other temporary program, and those programs implemented 
                by States or local service providers based on Federal 
                block grants administered by the Department of Labor.
                    ``(C) Any such program or service that is a 
                workforce development program targeted to specific 
                groups.
            ``(3) The term `priority of service' means, with respect to 
        any qualified job training program, that a covered person shall 
        be given priority over nonveterans for the receipt of 
        employment, training, and placement services provided under that 
        program, notwithstanding any other provision of law.

    ``(b) Entitlement to Priority of Service.--(1) A covered person is 
entitled to priority of service under any qualified job training program 
if the person otherwise meets the eligibility requirements for 
participation in such program.
    ``(2) The Secretary of Labor may establish priorities among covered 
persons for purposes of this section to take into account the needs of 
disabled veterans and special disabled veterans, and such other factors 
as the Secretary determines appropriate.
    ``(c) Administration of Programs at State and Local Levels.--An 
entity of a State or a political subdivision of the State that 
administers or delivers services under a qualified job training program 
shall--
            ``(1) provide information and priority of service to covered 
        persons regarding benefits and services that may be obtained 
        through other entities or service providers; and
            ``(2) ensure that each covered person who applies to or who 
        is assisted by such a program is informed of the employment-
        related rights and benefits to which the person is entitled 
        under this section.

    ``(d) Addition to Annual Report.--In the annual report required 
under section 4107(c) of this title for the program year beginning in 
2003 and each subsequent program year, the Secretary of Labor shall 
evaluate whether covered persons are receiving priority of service and 
are being fully served by qualified job training programs, and whether 
the representation of veterans in such programs is in proportion to the 
incidence of representation of veterans in the labor market, including 
within groups that the Secretary may designate for priority under such 
programs, if any.''.
    (2) The table of sections at the beginning of chapter 42 is amended 
by inserting after the item relating to section 4214 the following new 
item:

``4215. Priority of service for veterans in Department of Labor job 
           training programs.''.

    (b) Employment of Veterans With Respect to Federal Contracts.--(1) 
Section 4212(a) is amended to read as follows:

[[Page 116 STAT. 2035]]

    ``(a)(1) Any contract in the amount of $100,000 or more entered into 
by any department or agency of the United States for the procurement of 
personal property and nonpersonal services (including construction) for 
the United States, shall contain a provision requiring that the party 
contracting with the United States take affirmative action to employ and 
advance in employment qualified covered veterans. This section applies 
to any subcontract in the amount of $100,000 or more entered into by a 
prime contractor in carrying out any such contract.
    ``(2) <<NOTE: Regulations.>> In addition to requiring affirmative 
action to employ such qualified covered veterans under such contracts 
and subcontracts and in order to promote the implementation of such 
requirement, the Secretary of Labor shall prescribe regulations 
requiring that--
            ``(A) each such contractor for each such contract shall 
        immediately list all of its employment openings with the 
        appropriate employment service delivery system (as defined in 
        section 4101(7) of this title), and may also list such openings 
        with one-stop career centers under the Workforce Investment Act 
        of 1998, other appropriate service delivery points, or America's 
        Job Bank (or any additional or subsequent national electronic 
        job bank established by the Department of Labor), except that 
        the contractor may exclude openings for executive and senior 
        management positions and positions which are to be filled from 
        within the contractor's organization and positions lasting three 
        days or less;
            ``(B) each such employment service delivery system shall 
        give such qualified covered veterans priority in referral to 
        such employment openings; and
            ``(C) each such employment service delivery system shall 
        provide a list of such employment openings to States, political 
        subdivisions of States, or any private entities or organizations 
        under contract to carry out employment, training, and placement 
        services under chapter 41 of this title.

    ``(3) In this section:
            ``(A) The term `covered veteran' means any of the following 
        veterans:
                    ``(i) Disabled veterans.
                    ``(ii) Veterans who served on active duty in the 
                Armed Forces during a war or in a campaign or expedition 
                for which a campaign badge has been authorized.
                    ``(iii) Veterans who, while serving on active duty 
                in the Armed Forces, participated in a United States 
                military operation for which an Armed Forces service 
                medal was awarded pursuant to Executive Order No. 12985 
                (61 Fed. Reg. 1209).
                    ``(iv) Recently separated veterans.
            ``(B) The term `qualified', with respect to an employment 
        position, means having the ability to perform the essential 
        functions of the position with or without reasonable 
        accommodation for an individual with a disability.''.

    (2)(A) Section 4212(c) is amended--
            (i) by striking ``suitable''; and
            (ii) by striking ``subsection (a)(2) of this section'' and 
        inserting ``subsection (a)(2)(B)''.

    (B) Section 4212(d)(1) is amended--
            (i) in the matter preceding subparagraph (A), by striking 
        ``of this section'' after ``subsection (a)''; and

[[Page 116 STAT. 2036]]

            (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) <<NOTE: Applicability. 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) Section 
4214(a)(1) is amended--
            (A) in the first sentence, by striking ``life'' and all that 
        follows and inserting ``life.''; and
            (B) in the second sentence, by striking ``major'' and 
        inserting ``uniquely qualified''.

    (2) Section 4214(b) is amended--
            (A) in paragraph (1), by striking ``readjustment'' and 
        inserting ``recruitment'';
            (B) in paragraph (2), by striking ``to--'' and all that 
        follows through the period at the end and inserting ``to 
        qualified covered veterans.'';
            (C) in paragraph (3), to read as follows:

    ``(3) A qualified covered veteran may receive such an appointment at 
any time.''.
    (3)(A) Section 4214(a) is amended--
            (i) in the third sentence of paragraph (1), by striking 
        ``disabled veterans and certain veterans of the Vietnam era and 
        of the post-Vietnam era'' and inserting ``qualified covered 
        veterans (as defined in paragraph (2)(B))''; and
            (ii) in paragraph (2), to read as follows:

    ``(2) In this section:
            ``(A) The term `agency' has the meaning given the term 
        `department or agency' in section 4211(5) of this title.
            ``(B) The term `qualified covered veteran' means a veteran 
        described in section 4212(a)(3) of this title.''.

    (B) Clause (i) of section 4214(e)(2)(B) is amended by striking ``of 
the Vietnam era''.
    (C) Section 4214(g) is amended--
            (i) by striking ``qualified'' the first place it occurs and 
        all that follows through ``era'' the first place it occurs and 
        inserting ``qualified covered veterans''; and
            (ii) by striking ``under section 1712A of this title'' and 
        all that follows and inserting ``under section 1712A of this 
        title.''.

    (4) <<NOTE: Applicability. 38 USC 4214 note.>> The amendments made 
by this subsection shall apply to qualified covered veterans without 
regard to any limitation relating to the date of the veteran's last 
discharge or release from active duty that may have otherwise applied 
under section 4214(b)(3) 


[[Page 116 STAT. 2037]]

as in effect on the date before the date of the enactment of this Act.

SEC. 3. FINANCIAL AND NON-FINANCIAL PERFORMANCE INCENTIVE AWARDS FOR 
            QUALITY VETERANS EMPLOYMENT, TRAINING, AND PLACEMENT 
            SERVICES.

    (a) Performance Incentive Awards for Quality Employment, Training, 
and Placement Services.--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) Criteria for Performance Incentive Awards.--(1) For purposes 
of carrying out a program of performance incentive awards under section 
4102A(c)(2)(A)(i)(III) of this title, the Secretary, acting through the 
Assistant Secretary of Labor for Veterans' Employment and Training, 
shall establish criteria for performance incentive awards programs to be 
administered by States to--
            ``(A) encourage the improvement and modernization of 
        employment, training, and placement services provided under this 
        chapter; and
            ``(B) recognize eligible employees for excellence in the 
        provision of such services or for having made demonstrable 
        improvements in the provision of such services.

    ``(2) The Secretary shall establish such criteria in consultation 
with representatives of States, political subdivisions of States, and 
other providers of employment, training, and placement services under 
the Workforce Investment Act of 1998 consistent with the performance 
measures established under section 4102A(b)(7) of this title.
    ``(b) Form of Awards.--Under the criteria established by the 
Secretary for performance incentive awards to be administered by States, 
an award under such criteria may be a cash award or such other 
nonfinancial awards as the Secretary may specify.
    ``(c) Relationship of Award to Grant Program and Employee 

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