article: SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans' Employment, Business Opportunity, and Training Act of 2002''. (b) References.--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. TITLE I--EMPLOYMENT SERVICES SEC. 101. DEFINITIONS. As used in this title: (1) The term ``veteran'' has the same meaning as ``eligible veteran'' as defined in section 4211(4) of title 38, United States Code. (2) The term ``eligible person'' means-- (A) the spouse of any person who died of a service- connected disability; (B) the spouse of any member of the Armed Forces serving on active duty who, at the time of application for assistance under this Act, is listed, pursuant to section 556 of title 37, United States Code, 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 ninety 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; or (C) the spouse of any person who has a total disability permanent in nature resulting from a service-connected disability or the spouse of a veteran who died while a disability so evaluated was in existence. (3) The term ``State'' means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, and may include, to the extent determined necessary by the Secretary of Veterans Affairs and feasible for all purposes of this title, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas Islands, and the Trust Territory of the Pacific Islands. (4) The term ``servicemember'' has the same meaning as an individual who is a member of the Armed Forces as defined in section 101(10) of title 38, United States Code, and who is being separated from the Armed Forces within the time periods specified in section 1142(a)(3) of title 10, United States Code. SEC. 102. PURPOSE. In furtherance of the Nation's responsibility toward alleviating unemployment and underemployment among veterans, there shall be established a national performance-based job-search assistance program that-- (1) will provide high-quality, job-search service to veterans, servicemembers, and other eligible persons, focused on assisting such individuals in obtaining and maintaining employment, as well as reducing the duration of individual's unemployment; (2) will assist employers in locating and hiring qualified veterans, servicemembers, and other eligible persons; and (3) will be accessible to veterans, servicemembers, and other eligible persons. The Department of Veterans Affairs would continue to aggressively use web-based technology to provide better service to veterans around the world. SEC. 103. ESTABLISHMENT OF NEW COMPETITIVE GRANTS PROGRAM. (a) Establishment of New Program.--Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a competitive grants program to be referred to as the ``Veterans' Employment, Business Opportunity and Training Program'' (``VEBOT'') through which State Governors or other entities, as may be appropriate, would receive grants for the purpose of providing employment services to veterans, servicemembers, and other eligible persons within each State. The purpose of such program shall be to assist veterans, servicemembers, and other eligible persons in obtaining employment by providing for access to optimal employment opportunities. (b) Implementation of New Program.--The Secretary of Veterans Affairs shall prescribe such regulations as the Secretary considers appropriate to implement the VEBOT program required to be established under this section. Such regulations shall address matters relating to the development and implementation of the program, including-- (1) the determination of eligibility criteria for affected veterans, servicemembers, or other eligible persons, for employment services and other related services that shall be provided; (2) the nature and type of services to be provided; (3) the most appropriate and efficient means to provide such services; (4) the most appropriate means to monitor and assess the performance of entities providing employment services; (5) the manner in which the Department of Veterans Affairs will cooperate with State employment agencies to ensure that veterans continue to have access to the full range of workforce services available through existing State and local one-stop employment-service delivery systems; (6) the manner in which the Department of Veterans Affairs will coordinate with the Department of Labor to ensure that veterans continue to receive priority or other special consideration in the provision of employment services through existing State and local one-stop employment-service delivery systems, as required by law or regulation; and (7) the entity or organization within the Department of Veterans Affairs that will administer the program. In developing the regulations, the Secretary shall take into consideration the recommendations of the task force required to be established under subsection (c) of this section and shall consult with the Secretary of Defense with respect to eligibility criteria affecting servicemembers. (c) Task Force To Be Established; Consultation With Designated Parties.--The Secretary of Veterans Affairs shall establish a task force comprised of at least eleven (but not more than fifteen) members which shall, not later than 180 days from the date of its establishment, make recommendations to the Secretary regarding the matters described in subsection (b) of this section. The task force shall include representatives of veterans service organizations, representatives of employers in private industry or employer organizations, and representatives of State Governors. The Secretary of Labor, the Secretary of Defense, and the Secretary of Transportation shall be ex officio members of the task force. (d) Grants, Program To Be Competitive; Grants To Include Performance Requirements.--The Secretary of Veterans Affairs shall ensure that all services under the VEBOT program are provided through grants awarded either directly or indirectly on a competitive basis and that such grants include appropriate performance requirements with clear outcome measures. States or other entities may join in consortia to provide services to veterans. (e) Performance Measurement.-- (1) Each Governor of a State or other entity receiving funds under a grant authorized by this section shall achieve the performance requirements as agreed in the established provisions for such grant. If unanticipated circumstances arising in a State would adversely affect a grantee's ability to meet its performance requirements, the grantee may request that the Secretary adjust the agreed-to levels of performance. If a grantee fails to meet the agreed-to levels of performance, the Secretary of Veterans Affairs may provide to the grantee assistance in such form as the Secretary may consider appropriate, including training, technical assistance, staff development, and activities replicating those used by other successful grants and projects with demonstrated effectiveness. In the event of continued non-performance, the Secretary may, pursuant to such regulations as the Secretary may prescribe, remove the funds from a grantee and directly or indirectly solicit through a competition a new grantee and service provider. (2) Consistent with State law, the Secretary of Veterans Affairs and States and other entities identified to deliver services under the VEBOT program may utilize wage record information for program performance measurement as prescribed by the Secretary of Veterans Affairs. The Secretary of Labor shall provide assistance to the Secretary of Veterans Affairs in gaining access to wage information for this purpose. (f) Cost Principles.-- (1)(A) Each Governor of a State or other entity receiving funds under this section shall comply with the applicable uniform-cost principles included in the appropriate circulars or directives of the Office of Management and Budget for the type of entity receiving the funds, as well as regulations prescribed by the Secretary of Veterans Affairs. Each grantee shall establish such fiscal controls and fund accounting procedures as may be necessary to assure the proper disbursal of, and accounting for, Federal funds allocated to any provider receiving funds under this section and shall maintain appropriate records in accordance with generally accepted accounting principles applicable in each State. Each grantee shall comply with the appropriate uniform administrative requirements for grants, contracts and agreements applicable for the type of entity receiving funds, as promulgated in circulars or directives of the Office of Management and Budget. (B) If a grantee determines that a service provider acting under a contract or sub-grant is not in compliance with the requirements of this Act, the grantee shall take corrective action either to secure the service provider's prompt compliance or to remove the funds from the service provider for failure to so comply. If the grantee fails to take such corrective action, the Secretary may, pursuant to such regulations as the Secretary may prescribe, remove funds from the grantee and directly or indirectly solicit through a competition a new grantee and service provider. (2) Unless approved by the Secretary of Veterans Affairs, not more than 15 percent of the funds available under this section to each State Governor or other entity may be expended by a service provider and State Governor for costs of administration. The Secretary shall prescribe regulations governing the expenditure of funds for costs of administration under this paragraph. (g) Pilot Projects Authorized.--In connection with the development and implementation of the VEBOT program, the Secretary of Veterans Affairs, during each fiscal year, may reserve up to 25 percent of the total available funding for grants to finance national-level primary services and to create pilot programs and demonstration projects to establish the effectiveness and viability of specific proposed innovative program designs and service delivery systems. SEC. 104. TRANSFER OF RESPONSIBILITY FOR ADMINISTRATION OF CERTAIN EMPLOYMENT SERVICES TO SECRETARY OF VETERANS AFFAIRS. Notwithstanding any other provision of law, during the period beginning on October 1, 2002, and ending on the later of September 30, 2003, or the date upon which regulations prescribed by the Secretary of Veterans Affairs under section 103(b) of this title become effective, responsibilities assigned to the Secretary of Labor under sections 4101 through 4102A (other than responsibilities assigned under section 4102A regarding the purposes of chapters 42 and 43 of title 38, United States Code), sections 4103 through 4108, and section 4110 of title 38, United States Code, shall be assumed by the Secretary of Veterans Affairs, and the function of the Assistant Secretary of Labor for Veterans' Employment and Training in the Department of Labor, as well as such personnel of the Department of Labor as may be deemed necessary to carry out such function, shall be transferred from the Department of Labor to the Department of Veterans Affairs. During that period, the Secretary of Veterans Affairs shall coordinate activities with the Secretary of Labor to facilitate the transfer of functions associated with the administration of employment services provided under chapter 41 of title 38, United States Code, that are conducted by disabled veterans' outreach programs specialists and local veterans' employment representatives. SEC. 105. REPEAL OR AMENDMENT OF EXISTING AUTHORITIES. (a) Repeal of Authorities.--Effective on the later of September 30, 2003, or the date upon which regulations prescribed by the Secretary of Veterans Affairs under section 103(b) of this Act become effective, the following sections are repealed: 4100 through 4104A, 4105(b), 4106 through 4109, and 4110A. (b) Conforming Amendment to Chapter 43 Provision.--Section 4321 is amended by striking out ``(through the Veterans' Employment and Training Service)''. (c) Advisory Committee.--Section 4110 is amended)-- (1) in subsection (a)(1), by striking out ``Department of Labor'' and by inserting in lieu thereof ``Department of Veterans Affairs''; (2) in subsection (a)(2), by inserting ``Department of Veterans Affairs and the'' before ``Department of Labor''; (3) in subsection (b), by striking out ``Secretary of Labor'' and inserting in lieu thereof ``Secretary of Veterans Affairs''; (4) in subsection (c), by striking out ``Labor'' each place it appears and inserting in lieu thereof ``Veterans Affairs''; (5) in subsection (d)-- (A) by striking out ``Secretary of Veterans Affairs'' each place it appears and inserting in lieu thereof ``Secretary of Labor''; (B) by striking out in paragraph (6) ``The Assistant Secretary of Labor for Veterans Employment and Training'' and inserting in lieu thereof ``The official designated by the Secretary of Veterans Affairs to administer the Veterans' Employment, Business Opportunity and Training Program''; (C) by striking out in paragraph (11) ``The Director of the United States Employment Service.'' and inserting in lieu thereof ``A representative of State Governors.''; and (D) by striking out in paragraph (12) ``Secretary of Labor'' and inserting in lieu thereof ``Secretary of Veterans Affairs''; (6) in subsection (e)-- (A) by striking out ``Secretary of Labor'' each place it appears and inserting in lieu thereof ``Secretary of Veterans Affairs''; and (B) by striking out in paragraph (4) ``through the Veterans Employment and Training Service''; (7) in subsection (f)-- (A) by striking out ``Secretary of Labor'' each place it appears and inserting in lieu thereof ``Secretary of Veterans Affairs''; and (B) by striking out ``Department of Labor'' and inserting in lieu thereof ``Department of Veterans Affairs''; and (8) in subsection (g), by striking out ``Secretary of Labor'' and inserting in lieu thereof ``Secretary of Veterans Affairs''. TITLE II--TRANSITION ASSISTANCE SEC. 201. TRANSFER OF RESPONSIBILITY FOR ADMINISTRATION OF TRANSITION ASSISTANCE PROGRAM TO THE SECRETARY OF VETERANS AFFAIRS. Notwithstanding any other provision of law-- (1) references to the ``Secretary of Labor'' in section 1144 of title 10, United States Code, shall be deemed to be references to the Secretary of Veterans Affairs; (2) references to the ``Secretary of Veterans Affairs'' in section 1144 of title 10, United States Code, shall be deemed to be references to the Secretary of Labor; and (3) section 1144(d) of title 10, United States Code, is amended by striking out paragraph (1) and inserting in lieu thereof the following: ``(1) provide, as the case may be, for the use of personnel of grant recipients under section 103(b) of the Veterans' Employment, Business Opportunity, and Training Act of 2002 or such other personnel as the Secretary of Veterans Affairs may determine to be appropriate, to the extent that the Secretary determines that such use will not significantly interfere with the provision of services or other benefits to eligible veterans and other eligible recipients of services or benefits under programs administered by the Secretary.''. TITLE III--HOMELESS VETERANS' REINTEGRATION PROGRAMS SEC. 301. TRANSFER OF RESPONSIBILITY FOR ADMINISTRATION OF HOMELESS VETERANS' REINTEGRATION PROGRAM TO THE SECRETARY OF VETERANS AFFAIRS. Section 2021 is amended-- (1) by striking out ``Secretary of Labor'' each place it appears and inserting in lieu thereof ``Secretary of Veterans Affairs''; and (2) by striking out subsection (c) and redesignating subsection (d) as subsection (c). TITLE IV--EFFECTIVE DATE SEC. 401. EFFECTIVE DATE. Except where provided otherwise, the provisions of this Act shall become effective on October 1, 2002.
summary: Veterans' Employment, Business Opportunity, and Training Act of 2002 - Directs the Secretary of Veterans Affairs to establish the Veterans' Employment, Business Opportunity and Training Program through which State governors or other entities receive grants for providing employment services to veterans, servicemembers, and the spouses of certain veterans. Requires the Secretary to ensure that all services under the program are provided through grants awarded on a competitive basis and that such grants include appropriate performance requirements with clear outcome measures. Requires each governor or entity receiving grant funds to: (1) achieve the performance requirements; and (2) comply with applicable uniform-cost principles and regulations prescribed by the Secretary.Transfers from the Secretary of Labor to the Secretary of Veterans Affairs responsibility for the administration of: (1) certain employment services for veterans; (2) a program of furnishing counseling and employment and training assistance to members of the armed forces who are being separated from active duty and their spouses; and (3) the homeless veterans' reintegration program.