12 2 STA T .4 1 67PUBLIC LA W 11 0–389—O CT. 10 , 2008 (b)CLERICA L AM E ND MEN T.—Theta b l e ofs e c t i o n satthebe g in - ning of cha p te r43 isa m en d edb y adding at the end the follo w ing new item
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‘ 43 3 5.Train in gfo r Fed era l e x e cut i v e agenc yh u m an re s ources p ersonnel on employ - ment and reemployment rights and limitations. ’ ’. SEC.314 . R E PO R T O N T H EE M P L O Y MENT NEE D SO F N A T IV E AMERICAN VETERANS LIVIN G ON TRI B AL LANDS. (a) R E PO RT.— N ot later than D ecember 1,20 0 9 , the S ecretary of L abor shall, in cons u ltation with the Secretary of V eterans Affairs and the Secretary of the I nterior, submit to the Committee on Veterans ’ Affairs of the Senate and the Committee on Veterans’ Affairs of the H ouse of Representati v es a report assessing the employment needs of Native American (American Indian, Alas k a Native, Native Hawaiian, and P acific Islander) veterans living on tribal lands, including Indian reservations, Alaska Native villages, and Hawaiian Home Lands. The report shall include— (1) a review of current and prior government-to-government relationships between tribal organi z ations and the Veterans’ E mployment and Training Service of the Department of Labor
and (2) recommendations for improving employment and j ob training opportunities for Native American veterans on tribal land, especially through the utilization of resources for veterans. (b) TRI B AL O R G ANI Z ATION DE F INED.—In this section, the term ‘ ‘tribal organization’’ has the meaning given such term in section 3 765 (4) of title 3 8 , U nited States Code. SEC. 31 5 .E QU ITY PO W ERS. Section 4323(e) of title 38, United States Code, is amended by striking ‘‘may use’’ and inserting ‘‘shall use, in any case in which the court determines it is appropriate,’’. SEC. 31 6 . WAIVER OF RESIDENCY REQUIREMENT FOR DIRECTORS FOR VETERANS ’ EMPLOYMENT AND TRAINING. Section 4103(a)(2) is amended— (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and (2) by adding at the end the following new subparagraph: ‘‘( B ) The Secretary may waive the re q uirement in subparagraph (A) with respect to a Director for Veterans’ Employment and Training if the Secretary determines that the waiver is in the public interest. Any such waiver shall be made on a case-by-case basis.’’. SEC. 31 7 . MODIFICATION OF SPECIAL UNEMPLOYMENT STUDY TO COVER VETERANS OF POST 9/ 11 GLOBAL OPERATIONS. (a) M ODIFICATION OF ST U D Y .—Subsection (a)(1) of section 4110A is amended— (1) in the matter before subparagraph (A), by striking ‘‘a study every two years’’ and inserting ‘‘an annual study’’; and (2) by striking subparagraphs (A) through (E) and inserting the following new subparagraphs: ‘‘(A) Veterans who were called to active duty while members of the National G uard or a Reserve Component. ‘‘(B) Veterans who served in combat or in a war zone in the Post 9 / 11 Global Operations theaters. 38USC410 3 .
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