Federal Agency Obtains Preliminary Injunction to Protect Latina Clerk’s Job
SAN JOSE, Calif. – Peters’ Bakery, a family-owned business in East San Jose, may not terminate a sales clerk whose allegations of ethnic and racial harassment and retaliation are the basis for a federal lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC), according to a preliminary injunction recently issued by the U.S. District Court for the Northern District of California, San Jose Division. U.S. District Court Judge Beth Labson Freeman found that Peters’ Bakery “gave no legitimate business reason for terminating Ms. Ramirez,” and that “the EEOC is likely to succeed on its Title VII claims.”
According to EEOC’s complaint (13-CV-04507-BLF) filed Sept. 30, 2013, owner Charles “Chuck” Peters harassed sales clerk Marcela Ramirez with repeated derogatory jokes and comments, such as “Mexicans would rather lie than tell the truth,” and “I never trusted your kind of people,” and ultimately discharged her because of her national origin. The lawsuit further alleged that after Ramirez filed charges with the EEOC, her employer retaliated by filing a defamation lawsuit against her (dismissed May 2012), by delaying the reinstatement Ramirez won through a union arbitration in 2012, and by circulating her charge to her co-workers and writing her up.
On June 30, 2015, Peters’ Bakery again tried to discharge Ramirez effective July 3, but the EEOC obtained a temporary order on July 2 to block the termination pending a hearing on the matter. On July 17, the Court enjoined Ramirez’s termination until the case is determined on the merits, or the court orders otherwise. In a written order issued July 22, the court observed that “permitting Ms. Ramirez to be terminated under such circumstances may well have a chilling effect on other employees who might wish to file charges with the EEOC, and thus could interfere with the EEOC’s mission.”
“Preventing retaliation is key to EEOC’s effort to end discrimination and harassment, and we need employees to feel that they can come to the EEOC to report discrimination without fear of reprisal,” said EEOC General Counsel David Lopez, noting that “fighting policies and practices that interfere with individuals exercising their rights, or that impede the EEOC’s investigative or enforcement efforts, is a national priority identified by this agency’s Strategic Enforcement Plan.”
Title VII of Civil Rights Act of 1964 prohibits employment harassment due to race or national origin, and protects workers who report such discrimination from retaliation. EEOC filed the original suit after first attempting to reach a pre-litigation settlement through its conciliation process. In that suit, the agency seeks monetary damages, training on anti-discrimination laws and other injunctive relief.
Ramirez said, “I have worked at this bakery for 14 years. I love my co-workers and customers and I depend on this job to support myself and my family. It was terrible to come into work and face a termination notice in three days. I’m so relieved and happy EEOC spoke out for my rights and that the court protected my job.”
EEOC Senior Trial Attorney Cindy O’Hara noted, “Ms. Ramirez and her union representative were told that the owner was ‘done’ with her, and she had ‘cost the bakery a lot of lawyers.’ It was great that the EEOC could use its resources to prevent a retaliatory discharge.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
Food Supplier Refused to Hire Applicant on the Basis of Disability, Federal Agency Charged
MEMPHIS, Tenn. – McLane Foodservice, Inc., which supplies foodservice deliveries to fast-food chain restaurants, has agreed to pay $40,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
According to EEOC’s suit, McLane violated the Americans with Disabilities Act (ADA) by refusing to hire an applicant because it regarded him as disabled and because the applicant had a record of a disability, having had heatstroke and renal failure.
Such alleged conduct violates Title I of the ADA. EEOC filed suit (EEOC v. McLane Foodservice, Inc., Civil Action No. 2:15-cv-02261) in U.S. District Court for the Western District of Tennessee, Western Division, after first attempting to reach a pre-litigation settlement through its conciliation process.
Besides the $40,000 in monetary relief, the two-year consent decree settling the lawsuit enjoins McLane from refusing to hire applicants because of a disability in the future. The decree also requires McLane to provide training on disability discrimination in the workplace, maintain records of any complaints of disability discrimination, and provide annual reports to EEOC.
“Refusing to hire someone simply because the employer perceives a disability or because the individual has a record of a disability is a violation of federal law,” said Faye A. Williams, regional attorney of EEOC’s Memphis District Office, which has jurisdiction over Arkansas, Tennessee and portions of Mississippi. “EEOC remains committed to vigilantly enforcing the ADA.”
According to company information, McLane is a large-scale supplier to fast-food restaurant chains. Headquartered in Carrollton, Texas, McLane has over 18 distribution centers nationwide.
EEOC enforces federal laws prohibiting employment discrimination. Further information about EEOC is available on its web site at www.eeoc.gov
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
Appeal No. 2770-CA-76. Since the final absences
for which the claimant was fired were due to
claimant’s personal illness, no misconduct disqualification
is possible.
Appeal No. 947-CA-77. Even though the
claimant was absent due to personal illness,
her failure to give proper notice of the absences
was misconduct.
Appeal No. 660-CA-76. Absence without notice
for two days in a row was misconduct, even without
a clear policy to that effect.
Appeal No. 87-08030-10-050587. Missing work
due to being in jail, when the arrest and jailing
were for an offense shown to have been committed
by the claimant, was misconduct.
Appeal No. 2622-CA-76. A claimant who was
arrested and detained in jail for three weeks was
not discharged for misconduct, since the charges
were later dropped.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
COVERAGE: [Name of employer] has workers’ compensation insurance coverage from [name of commercial insurance company] in the event of work-related injury or occupational disease. This coverage is effective from [effective date of workers’ compensation insurance policy] . Any injuries or occupational diseases which occur on or after that date will be handled by [name of commercial insurance company] . An employee or a person acting on the employee’s behalf, must notify the employer of an injury or occupational disease not later than the 30th day after the date on which the injury occurs or the date the employee knew or should have known of an occupational disease, unless the Texas Department of Insurance, Division of Workers’ Compensation (Division) determines that good cause existed for failure to provide timely notice. Your employer is required to provide you with coverage information, in writing, when you are hired or whenever the employer becomes, or ceases to be, covered by workers’ compensation insurance.
You may elect to retain your common law right of action if, no later than five days after you begin employment or within five days after receiving written notice from the employer that the employer has obtained workers’ compensation insurance coverage, you notify your employer in writing that you wish to retain your common law right to recover damages for personal injury. If you elect to retain your common law right of action, you cannot obtain workers’ compensation income or medical benefits if you are injured.
EMPLOYEE ASSISTANCE: The Division provides free information about how to file a workers’ compensation claim. Division staff will answer any questions you may have about workers’ compensation and process any requests for dispute resolution of a claim. You can obtain this assistance by contacting your local Division field office or by calling 1-800-252-7031. The Office of Injured Employee Counsel (OIEC) also provides free assistance to injured employees and will explain your rights and responsibilities under the Workers’ Compensation Act. You can obtain OIEC’s assistance by contacting an OIEC customer service representative in your local Division field office or by calling 1-866-EZE-OIEC (1-866-393-6432).
SAFETY VIOLATIONS HOTLINE: The Division has a 24 hour toll-free telephone number for reporting unsafe conditions in the workplace that may violate occupational health and safety laws. Employers are prohibited by law from suspending, terminating, or discriminating against any employee because he or she in good faith reports an alleged occupational health or safety violation. Contact the Division at 1-800-452-9595.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
Appeal No. 3366-CA-75. A claimant who was
fired for calling a supervisor a vulgar name in
response to the supervisor having done the same
was not fired for misconduct.
Appeal No. 3697-AT-69. (Affirmed by 405-CA-69).
Using profanity toward a coworker in response
to provocative questions about the claimant’s
personal life was misconduct, since the claimant
could easily have asked a supervisor to address
the problem.
Appeal No. 243-CA-76. Disqualification cannot
be based on an act of misconduct that occurred
three months prior to the claimant’s termination,
because it was too remote in time from the
discharge to have been the real reason for the
termination.
The Court of Appeals held that an “at-will” employee
who continued to work for the employer after
being notified of a drug testing policy accepted
that policy as part of the terms and conditions of
employment. The policy was reasonable and the
claimant’s refusal to submit to a urine sample
amounted to misconduct.
Appeal No. 87-16061-10-091187. In response to
a supervisor’s explanation that the claimant had
not been singled out for a reprimand, the claimant
called the supervisor a liar. His insubordinate
behavior constituted disqualifying misconduct.
Appeal No. 4622-CA-76. The claimant was discharged
for having requested clarification of several
conflicting instructions which she had been
given by her supervisor within a short period of
time. The claimant’s action did not constitute a refusal
to obey her supervisor’s instructions and was
thus not misconduct connected with the work.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
Texas Employment Law: Texas Workforce Commission
Commission Rule 815.108 has been amended to remove
the notary requirement on written authorizations.
Previously, Commission Rule 815.108 required that a
report or form designating a third-party representative
to have written authority to sign for an individual or
employing unit to be sworn to before a notary public
or other officer authorized to administer oaths. The
notary requirement imposed an administrative burden on
employers and the agency.
In addition, the requirement was not consistent with the
processing of other TWC Tax Department documents.
As noted in TWC Tax Letter 05-12 (June 21, 2012):
“Effective immediately, Written Authorizations (Form
C-42) and Revocation of Written Authorizations (Form
C-43) do not have to be notarized. All forms available to
the public via the TWC website have been updated and
conform to the new rule.”
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
On January 24, 2012, the Texas Division of Workers’ Compensation adopted amendments to rules 180.1, 180.3, 180.5, 180.8, 180.27 and adopted new rules 180.4, 180.9 and 180.10. 37 Tex. Reg. 691 (2012). The adopted rules became effective February 14, 2012. 37 Tex. Reg. 704 (2012). According to the Division, the adopted amended rules and adopted new rules implement statutory changes in House Bill 2605, which was enacted by the Legislature during the 82nd Regular Session. 37 Tex. Reg. 691 (2012).
In O’Connor v. Ortega, 480 U.S. 709, 718 (1987). the Supreme Court delineated the boundaries of a workplace to include “those areas and items that are related to work and are generally within the employer’s control.”
The position of TDI is stated as follows:
“The Divison disagrees that the adopted rules pertaining to unannounced visits are invalid because they are based on a
statute that violates Article 1, § 9 and § 29, of the Texas Constitution and the Fourth Amendment to the
United States Constitution. Labor Code § 414.005 allows the Commissioner or the investigation unit, as
often as the Commissioner considers necessary, to review the operations of a person regulated by the Division,
including an agent of the person, to determine compliance with the Act. This statute authorizes the Division to
conduct an on-site visit to the person’’s premises during this review and the on-site visit may be unannounced.
During an on-site visit the person must make available to the Division all records relating to the person’s
participation in the workers’ compensation system. Further, this statute requires the Commissioner by rule to
prescribe the procedures to be used for announced and unannounced on-site visits including specifying the
types of records subject to inspection. This rule is adopted pursuant to this legislative directive. Labor Code
§ 414.005 and these rules adopted thereto provide for reasonable on-site visits and inspections and do not
violate the state and federal constitutional provisions cited by commenter. Pursuant to this statute and these
adopted rules only persons regulated by the Division and their agents could be subject to an on-site visit, and
an on-site visit will only involve laws and regulations under the Act. The adopted rules define the scope of an
on-site visit and limit the discretion of the Division’s staff conducting the visit. For example, the adopted rule
requires prior or contemporaneous written notice of the visit, and this notice will specify the date, time,
location, and conditions of the visit, the alleged violations that are the subject of the visit, and the types of
records that must be made available to the Division during the visit.”
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
Agency Alleged Company Refused to Permit Disabled Worker to Exercise Bumping Rights in a Layoff
ATLANTA – Building Materials Manufacturing Corporation, a roofing materials manufacturer headquartered in Wayne, N.J., will pay $62,500 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
In its lawsuit, the EEOC charged that the employer unlawfully terminated a disabled worker from its Savannah facility when it refused to allow him to exercise his seniority rights to “bump” junior employees. According to the lawsuit, the employer’s contract with the United Steelworkers Union included a provision that allowed senior employees to remain employed by “bumping” less senior employees in any layoff situation. Bumping refers to a senior employee removing a less senior employee from a position and assuming the position for himself. However, Irvin Carter, who had lost his right hand in an accident at the facility nine years earlier, was denied the right to bump junior employees when the company performed a reduction in force in 2012.
According to the EEOC, the reason was Carter’s disability and/or his record of disability. The lawsuit alleges that GAF refused to permit Carter to bump into other positions based on an 11-pound lifting restriction contained in his nine-year-old medical evaluation. The EEOC said that at the time of the layoff, Carter’s lifting restriction had been increased to 90 pounds, and he would have been able to perform the jobs which only had a 50-pound lifting requirement.
Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit on September 19, 2014 in U.S. District Court for the Southern District of Georgia (Civil Action No. 4:14-cv-00205) after first attempting to reach a pre-litigation settlement through its conciliation process. The consent decree settling the suit, in addition to monetary relief for the employee, includes provisions for equal employment opportunity training, reporting, and postings.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s website at www.eeoc.gov.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
Agricultural Company Fired Driver Due to His Diabetes, Federal Agency Charged
DETROIT – Vita Plus Corporation, an agricultural company with a facility in Gagetown, Mich., violated federal law by discriminating against a truck driver because of his disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed on July 16.
According to the EEOC’s lawsuit, Vita Plus discriminated against Brian Kaczorowski because of his disability – non-insulin-dependent diabetes. On Sept. 19, 2013, Vita Plus hired Kaczorowski for a driver’s position, contingent on his passing a pre-employment physical. Beginning on Sept. 24, Kaczorowski worked three full days for Vita Plus – in training while riding along with other drivers. On Sept. 27, Vita Plus received Kaczorowski’s pre-employment physical report, in which the examining doctor wrongly assessed him as a direct threat due to his diabetes. As a result, Vita Plus fired Kaczorowski the following day.
Such alleged conduct violates Title I of the Americans with Disabilities Act (ADA), which prohibits employers from discriminating against applicants and employees because of disabilities. EEOC filed suit (EEOC v. Vita Plus Corp., Civil Action No. 1:15-cv-12533) in U.S. District Court for the Eastern District of Michigan after first attempting to reach a pre-litigation settlement through its conciliation process. EEOC is seeking injunctive relief prohibiting Vita-Plus from discriminating against other employees with disabilities, equitable relief to provide equal opportunities for qualified employees with disabilities, lost wages, compensatory and punitive damages, and other affirmative relief for Kaczorowski.
“An employer cannot deny employment opportunities to an otherwise qualified applicant simply because a disability is discovered during a pre-employment physical,” said EEOC Detroit Field Office Trial Attorney Omar Weaver. “Nor can an employer dodge its responsibility to conduct an individualized assessment of an applicant’s ability to perform the job in question.”
Vita Plus, headquartered in Madison, Wis., primarily manufactures livestock feed for dairy cows, beef cattle, and swine. It has facilities throughout the Midwest, including the Gagetown, Mich., facility where Kaczorowski worked.
The EEOC’s Detroit Field Office is part of the Indianapolis District Office, which oversees Michigan, Indiana, Kentucky, and parts of Ohio. EEOC is a federal agency that enforces federal laws prohibiting employment discrimination. Further information about EEOC is available on the agency’s website at www.eeoc.gov.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
[107th Congress Public Law 288]
[From the U.S. Government Printing Office]
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
Compensation.--Performance incentive cash awards under this section--
``(1) shall be made from amounts allocated from the grant or
contract amount for a State for a program year under section
4102A(c)(7) of this title; and
``(2) is in addition to the regular pay of the recipient.
``(d) Eligible Employee Defined.--In this section, the term
`eligible employee' means any of the following:
``(1) A disabled veterans' outreach program specialist.
``(2) A local veterans' employment representative.
``(3) An individual providing employment, training, and
placement services to veterans under the Workforce Investment
Act of 1998 or through an employment service delivery system (as
defined in section 4101(7) of this title).''.
[[Page 116 STAT. 2038]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 41 is amended by adding at the end the following new item:
``4112. Performance incentive awards for quality employment, training,
and placement services.''.
SEC. 4. REFINEMENT OF JOB TRAINING AND PLACEMENT FUNCTIONS OF THE
DEPARTMENT.
(a) Revision of Department Level Senior Officials and Functions.--
(1) Sections 4102A and 4103 are amended to read as follows:
``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.
``(2) The employees of the Department of Labor administering chapter
43 of this title shall be administratively and functionally responsible
to the Assistant Secretary of Labor for Veterans' Employment and
Training.
``(3)(A) There shall be within the Department of Labor a Deputy
Assistant Secretary of Labor for Veterans' Employment and Training. The
Deputy Assistant Secretary shall perform such functions as the Assistant
Secretary of Labor for Veterans' Employment and Training prescribes.
``(B) No individual may be appointed as a Deputy Assistant Secretary
of Labor for Veterans' Employment and Training unless the individual has
at least five years of service in a management position as an employee
of the Federal civil service or comparable service in a management
position in the Armed Forces. For purposes of determining such service
of an individual, there shall be excluded any service described in
subparagraphs (A), (B), and (C) of section 308(d)(2) of this title.
``(b) Program Functions.--The Secretary shall carry out the
following functions:
``(1) Except as expressly provided otherwise, carry out all
provisions of this chapter and chapter 43 of this title through
the Assistant Secretary of Labor for Veterans' Employment and
Training and administer through such Assistant Secretary all
programs under the jurisdiction of the Secretary for the
provision of employment and training services designed to meet
the needs of all veterans and persons eligible for services
furnished under this chapter.
``(2) In order to make maximum use of available resources in
meeting such needs, encourage all such programs, and all
grantees and contractors under such programs to enter into
cooperative arrangements with private industry and business
concerns (including small business concerns owned by veterans
[[Page 116 STAT. 2039]]
or disabled veterans), educational institutions, trade
associations, and labor unions.
``(3) Ensure that maximum effectiveness and efficiency are
achieved in providing services and assistance to eligible
veterans under all such programs by coordinating and consulting
with the Secretary of Veterans Affairs with respect to (A)
programs conducted under other provisions of this title, with
particular emphasis on coordination of such programs with
readjustment counseling activities carried out under section
1712A of this title, apprenticeship or other on-the-job training
programs carried out under section 3687 of this title, and
rehabilitation and training activities carried out under chapter
31 of this title and (B) determinations covering veteran
population in a State.
``(4) Ensure that employment, training, and placement
activities are carried out in coordination and cooperation with
appropriate State public employment service officials.
``(5) Subject to subsection (c), make available for use in
each State by grant or contract such funds as may be necessary
to support--
``(A) disabled veterans' outreach program
specialists appointed under section 4103A(a)(1) of this
title,
``(B) local veterans' employment representatives
assigned under section 4104(b) of this title, and
``(C) the reasonable expenses of such specialists
and representatives described in subparagraphs (A) and
(B), respectively, for training, travel, supplies, and
other business expenses, including travel expenses and
per diem for attendance at the National Veterans'
Employment and Training Services Institute established
under section 4109 of this title.
``(6) Monitor and supervise on a continuing basis the
distribution and use of funds provided for use in the States
under paragraph (5).
``(7) Establish, and update as appropriate, a comprehensive
performance accountability system (as described in subsection
(f)) and carry out annual performance reviews of veterans
employment, training, and placement services provided through
employment service delivery systems, including through disabled
veterans' outreach program specialists and through local
veterans' employment representatives in States receiving grants,
contracts, or awards under this chapter.
``(c) Conditions for Receipt of Funds.--(1) The distribution and use
of funds under subsection (b)(5) in order to carry out sections 4103A(a)
and 4104(a) of this title shall be subject to the continuing supervision
and monitoring of the Secretary and shall not be governed by the
provisions of any other law, or any regulations prescribed thereunder,
that are inconsistent with this section or section 4103A or 4104 of this
title.
``(2)(A) A State shall submit to the Secretary an application for a
grant or contract under subsection (b)(5). The application shall contain
the following information:
``(i) A plan that describes the manner in which the State
shall furnish employment, training, and placement services
required under this chapter for the program year, including a
description of--
[[Page 116 STAT. 2040]]
``(I) duties assigned by the State to disabled
veterans' outreach program specialists and local
veterans' employment representatives consistent with the
requirements of sections 4103A and 4104 of this title;
``(II) the manner in which such specialists and
representatives are integrated in the employment service
delivery systems in the State; and
``(III) the program of performance incentive awards
described in section 4112 of this title in the State for
the program year.
``(ii) The veteran population to be served.
``(iii) Such additional information as the Secretary may
require to make a determination with respect to awarding a grant
or contract to the State.
``(B)(i) Subject to the succeeding provisions of this subparagraph,
of the amount available under subsection (b)(5) for a fiscal year, the
Secretary shall make available to each State with an application
approved by the Secretary an amount of funding in proportion to the
number of veterans seeking employment using such criteria as the
Secretary may establish in regulation, including civilian labor force
and unemployment data, for the State on an annual basis. The proportion
of funding shall reflect the ratio of--
``(I) the total number of veterans residing in the State
that are seeking employment; to
``(II) the total number of veterans seeking employment in
all States.
``(ii) <<NOTE: Effective date.>> The Secretary shall phase in over
the three fiscal-year period that begins on October 1, 2002, the manner
in which amounts are made available to States under subsection (b)(5)
and this subsection, as amended by the Jobs for Veterans Act.
``(iii) In carrying out this paragraph, the Secretary may establish
minimum funding levels and hold-harmless criteria for States.
``(3)(A)(i) As a condition of a grant or contract under this section
for a program year, in the case of a State that the Secretary determines
has an entered-employment rate for veterans that is deficient for the
preceding program year, the State shall develop a corrective action plan
to improve that rate for veterans in the State.
``(ii) The State shall submit the corrective action plan to the
Secretary for approval, and if approved, shall expeditiously implement
the plan.
``(iii) If the Secretary does not approve a corrective action plan
submitted by the State under clause (i), the Secretary shall take such
steps as may be necessary to implement corrective actions in the State
to improve the entered-employment rate for veterans in that State.
``(B) <<NOTE: Regulations.>> 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.
[[Page 116 STAT. 2041]]
``(4) In determining the terms and conditions of a grant or contract
under which funds are made available to a State in order to carry out
section 4103A or 4104 of this title, the Secretary shall take into
account--
``(A) the results of reviews, carried out pursuant to
subsection (b)(7), of the performance of the employment,
training, and placement service delivery system in the State,
and
``(B) the monitoring carried out under this section.
``(5) Each grant or contract by which funds are made available to a
State shall contain a provision requiring the recipient of the funds--
``(A) to comply with the provisions of this chapter; and
``(B) on an annual basis, to notify the Secretary of, and
provide supporting rationale for, each nonveteran who is
employed as a disabled veterans' outreach program specialist and
local veterans' employment representative for a period in excess
of 6 months.
``(6) Each State shall coordinate employment, training, and
placement services furnished to veterans and eligible persons under this
chapter with such services furnished with respect to such veterans and
persons under the Workforce Investment Act of 1998 and the Wagner-Peyser
Act.
``(7) With respect to program years beginning during or after fiscal
year 2004, one percent of the amount of a grant or contract under which
funds are made available to a State in order to carry out section 4103A
or 4104 of this title for the program year shall be for the purposes of
making cash awards under the program of performance incentive awards
described in section 4112 of this title in the State.
``(d) Participation in Other Federally Funded Job Training
Programs.--The Assistant Secretary of Labor for Veterans' Employment and
Training shall promote and monitor participation of qualified veterans
and eligible persons in employment and training opportunities under
title I of the Workforce Investment Act of 1998 and other federally
funded employment and training programs.
``(e) Regional Administrators.--(1) The Secretary shall assign to
each region for which the Secretary operates a regional office a
representative of the Veterans' Employment and Training Service to serve
as the Regional Administrator for Veterans' Employment and Training in
such region.
``(2) Each such Regional Administrator shall carry out such duties
as the Secretary may require to promote veterans employment and
reemployment within the region that the Administrator serves.
``(f) Establishment <<NOTE: Deadline.>> of Performance Standards and
Outcomes Measures.--(1) By not later than 6 months after the date of the
enactment of this section, the Assistant Secretary of Labor for
Veterans' Employment and Training shall establish and implement a
comprehensive performance accountability system to measure the
performance of employment service delivery systems, including disabled
veterans' outreach program specialists and local veterans' employment
representatives providing employment, training, and placement services
under this chapter in a State to provide accountability of that State to
the Secretary for purposes of subsection (c).
``(2) Such standards and measures shall--
[[Page 116 STAT. 2042]]
``(A) be consistent with State performance measures
applicable under section 136(b) of the Workforce Investment Act
of 1998; and
``(B) be appropriately weighted to provide special
consideration for placement of (i) veterans requiring intensive
services (as defined in section 4101(9) of this title), such as
special disabled veterans and disabled veterans, and (ii)
veterans who enroll in readjustment counseling under section
1712A of this title.
``(g) Authority to Provide Technical Assistance to States.--The
Secretary may provide such technical assistance as the Secretary
determines appropriate to any State that the Secretary determines has,
or may have, an entered-employment rate in the State that is deficient,
as determined under subsection (c)(3) with respect to a program year,
including assistance in the development of a corrective action plan
under that subsection.
``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.
``(2) Each Director for Veterans' Employment and Training for a
State shall, at the time of appointment, have been a bona fide resident
of the State for at least two years.
``(3) Full-time Federal clerical or other support personnel assigned
to Directors for Veterans' Employment and Training shall be appointed in
accordance with the provisions of title 5 governing appointments in the
competitive service and shall be paid in accordance with the provisions
of chapter 51 and subchapter III of chapter 53 of title 5.
``(b) Additional Federal Personnel.--The Secretary may also assign
as supervisory personnel such representatives of the Veterans'
Employment and Training Service as the Secretary determines appropriate
to carry out the employment, training, and placement services required
under this chapter, including Assistant Directors for Veterans'
Employment and Training.''.
(2) The items relating to sections 4102A and 4103, respectively, in
the table of sections at the beginning of chapter 41 are amended to read
as follows:
``4102A. Assistant Secretary of Labor for Veterans' Employment and
Training; program functions; Regional Administrators.
``4103. Directors and Assistant Directors for Veterans' Employment and
Training; additional Federal personnel.''.
(3)(A)(i) Section 4104A is repealed.
(ii) The table of sections at the beginning of chapter 41 is amended
by striking the item relating to section 4104A.
(B) Section 4107(b) is amended by striking ``The Secretary shall
establish definitive performance standards'' and inserting ``The
Secretary shall apply performance standards established under section
4102A(f) of this title''.
(4) <<NOTE: 38 USC 4102A note.>> The amendments made by this
subsection shall take effect on the date of the enactment of this Act,
and apply for program
[[Page 116 STAT. 2043]]
and fiscal years under chapter 41 of title 38, United States Code,
beginning on or after such date.
(b) Revision of Statutorily Defined Duties of Disabled Veterans'
Outreach Program Specialists and Local Veterans' Employment
Representatives.--(1) Section 4103A is amended by striking all after the
heading and inserting the following:
``(a) Requirement for Employment by States of a Sufficient Number of
Specialists.--(1) Subject to approval by the Secretary, a State shall
employ such full- or part-time disabled veterans' outreach program
specialists as the State determines appropriate and efficient to carry
out intensive services under this chapter to meet the employment needs
of eligible veterans with the following priority in the provision of
services:
``(A) Special disabled veterans.
``(B) Other disabled veterans.
``(C) Other eligible veterans in accordance with priorities
determined by the Secretary taking into account applicable rates
of unemployment and the employment emphases set forth in chapter
42 of this title.
``(2) In the provision of services in accordance with this
subsection, maximum emphasis in meeting the employment needs of veterans
shall be placed on assisting economically or educationally disadvantaged
veterans.
``(b) Requirement for Qualified Veterans.--A State shall, to the
maximum extent practicable, employ qualified veterans to carry out the
services referred to in subsection (a). Preference shall be given in the
appointment of such specialists to qualified disabled veterans.''.
(2) Section 4104 is amended by striking all after the heading and
inserting the following:
``(a) Requirement for Employment by States of a Sufficient Number of
Representatives.--Subject to approval by the Secretary, a State shall
employ such full- and part-time local veterans' employment
representatives as the State determines appropriate and efficient to
carry out employment, training, and placement services under this
chapter.
``(b) Principal Duties.--As principal duties, local veterans'
employment representatives shall--
``(1) conduct outreach to employers in the area to assist
veterans in gaining employment, including conducting seminars
for employers and, in conjunction with employers, conducting job
search workshops and establishing job search groups; and
``(2) facilitate employment, training, and placement
services furnished to veterans in a State under the applicable
State employment service delivery systems.
``(c) Requirement for Qualified Veterans and Eligible Persons.--A
State shall, to the maximum extent practicable, employ qualified
veterans or eligible persons to carry out the services referred to in
subsection (a). Preference shall be accorded in the following order:
``(1) To qualified service-connected disabled veterans.
``(2) If no veteran described in paragraph (1) is available,
to qualified eligible veterans.
``(3) If no veteran described in paragraph (1) or (2) is
available, then to qualified eligible persons.
``(d) Reporting.--Each local veterans' employment representative
shall be administratively responsible to the manager of the
[[Page 116 STAT. 2044]]
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) <<NOTE: Effective date. 38 USC 4103A note.>> The amendments made
by this subsection shall take effect on the date of the enactment of
this Act, and apply for program years under chapter 41 of title 38,
United States Code, beginning on or after such date.
(c) Requirement <<NOTE: Deadline. 38 USC 4215 note.>> To Promptly
Establish One-Stop Employment Services.--By not later than 18 months
after the date of the enactment of this Act, the Secretary of Labor
shall provide one-stop services and assistance to covered persons
electronically by means of the Internet, as defined in section 231(e)(3)
of the Communications Act of 1934, and such other electronic means to
enhance the delivery of such services and assistance.
(d) Requirement for Budget Line Item for Training Services
Institute.--(1) The last sentence of section 4106(a) is amended to read
as follows: ``Each budget submission with respect to such funds shall
include a separate listing of the amount for the National Veterans'
Employment and Training Services Institute together with information
demonstrating the compliance of such budget submission with the funding
requirements specified in the preceding sentence.''.
(2) <<NOTE: 38 USC 4106 note.>> 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)(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) <<NOTE: Effective date. 38 USC 4101 note.>> The amendments made
by paragraph (1) shall take effect on the date of the enactment of this
Act.
[[Page 116 STAT. 2045]]
(b) Additional VETS Duty To Implement Transitions to Civilian
Careers.--(1)(A) Section 4102 is amended by striking the period and
inserting ``, including programs carried out by the Veterans' Employment
and Training Service to implement all efforts to ease the transition of
servicemembers to civilian careers that are consistent with, or an
outgrowth of, the military experience of the servicemembers.''.
(B) Such section is further amended by striking ``and veterans of
the Vietnam era'' and inserting ``and veterans who served on active duty
during a war or in a campaign or expedition for which a campaign badge
has been authorized''.
(2) <<NOTE: Effective date. 38 USC 4102 note.>> The amendments made
by paragraph (1) shall take effect on the date of the enactment of this
Act.
(c) Modernization of Employment Service Delivery Points To Include
Technological Innovations.--(1) Section 4101(7) is amended to read as
follows:
``(7) The term `employment service delivery system' means a
service delivery system at which or through which labor exchange
services, including employment, training, and placement
services, are offered in accordance with the Wagner-Peyser
Act.''.
(2) <<NOTE: Effective date. 38 USC 4101 note.>> The amendments made
by paragraph (1) shall take effect on the date of the enactment of this
Act.
(d) Increase in Accuracy of Reporting Services Furnished to
Veterans.--(1)(A) Section 4107(c)(1) is amended--
(i) by striking ``veterans of the Vietnam era,''; and
(ii) by striking ``and eligible persons who registered for
assistance with'' and inserting ``eligible persons, recently
separated veterans (as defined in section 4211(6) of this
title), and servicemembers transitioning to civilian careers who
registered for assistance with, or who are identified as
veterans by,''.
(B) Section 4107(c)(2) is amended--
(i) by striking ``the job placement rate'' the first place
it appears and inserting ``the rate of entered employment (as
determined in a manner consistent with State performance
measures applicable under section 136(b) of the Workforce
Investment Act of 1998)''; and
(ii) by striking ``the job placement rate'' the second place
it appears and inserting ``such rate of entered employment (as
so determined)''.
(C) Section 4107(c)(4) is amended by striking ``sections 4103A and
4104'' and inserting ``section 4212(d)''.
(D) Section 4107(c) is amended--
(i) by striking ``and'' at the end of paragraph (4);
(ii) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(iii) by adding at the end the following new paragraph:
``(6) a report on the operation during the preceding program
year of the program of performance incentive awards for quality
employment services under section 4112 of this title.''.
(E) <<NOTE: Deadline. Reports.>> Section 4107(b), as amended by
section 4(a)(3)(B), is further amended by striking the second sentence
and inserting the following: ``Not later than February 1 of each year,
the Secretary shall report to the Committees on Veterans' Affairs of the
Senate and the House of Representatives on the performance of States and
organizations and entities carrying out employment, training,
[[Page 116 STAT. 2046]]
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) <<NOTE: Applicability. 38 USC 4107 note.>> The amendments made
by paragraph (1) shall apply to reports for program years beginning on
or after July 1, 2003.
(e) Clarification of Authority of NVETSI To Provide Training for
Personnel of Other Departments and Agencies.--Section 4109 is amended by
adding at the end the following new subsection:
``(c)(1) Nothing in this section shall be construed as preventing
the Institute to enter into contracts or agreements with departments or
agencies of the United States or of a State, or with other
organizations, to carry out training of personnel of such departments,
agencies, or organizations in the provision of services referred to in
subsection (a).
``(2) All proceeds collected by the Institute under a contract or
agreement referred to in paragraph (1) shall be applied to the
applicable appropriation.''.
SEC. 6. <<NOTE: 38 USC 4100 note.>> 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.
[[Page 116 STAT. 2047]]
(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).
[[Page 116 STAT. 2048]]
(e) Report.--Not <<NOTE: Deadlines.>> 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. <<NOTE: 38 USC 4100 note.>> REPORT ON IMPLEMENTATION OF
EMPLOYMENT REFORMS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the implementation by the Secretary of Labor of the
provisions of this Act during the program years that begin during fiscal
years 2003 and 2004. The study shall include an assessment of the
modifications under sections 2 through 5 of this Act of the provisions
of title 38, United States Code, and an evaluation of the impact of
those modifications, and of the actions of the President's National Hire
Veterans Committee under section 6 of this Act, to the provision of
employment, training, and placement services provided to veterans under
that title.
(b) Report.--Not <<NOTE: Deadline.>> later than 6 months after the
conclusion of the program year that begins during fiscal year 2004, the
Comptroller General shall submit to Congress a report on the study
conducted under subsection (a). The report shall include such
recommendations as the Comptroller General determines appropriate,
including recommendations for legislation or administrative action.
Approved November 7, 2002.
LEGISLATIVE HISTORY--H.R. 4015:
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HOUSE REPORTS: No. 107-476 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 148 (2002):
May 20, 21, considered and passed House.
Oct. 15, considered and passed Senate, amended.
Oct. 16, House concurred in Senate amendments.
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