116 STAT. 2040 PUBLIC LAW 107-288—NOV. 7, 2002 "(I) duties assigned by the State to disabled veterans' outreach program speciaHsts and local veterans' employ- ment 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. Effective date. "(ii) The Secretary shall phase in over the three fiscal-year period that begins on October 1, 2002, the manner in which amounts are made available to States under subsection (b)(5) and this subsection, as amended by the Jobs for Veterans Act. "(iii) In carrying out this paragraph, the Secretary may establish minimum funding levels and hold-harmless criteria for States. "(3)(A)(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. Regulations. "(B) To carry out subparagraph (A), the Secretary shall establish in regulations a uniform national threshold entered-employ- ment 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.
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