HR 1941 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 1941CommentsClose CommentsPermalink

To improve the provision of Federal transition, rehabilitation, vocational, and unemployment benefits to members of the Armed Forces and veterans, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

May 23, 2011CommentsClose CommentsPermalink

Mr. BISHOP of Georgia (for himself, Mr. YOUNG of Florida, Mr. DICKS, Mr. FILNER, and Mr. MCNERNEY) introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committees on Armed Services and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To improve the provision of Federal transition, rehabilitation, vocational, and unemployment benefits to members of the Armed Forces and veterans, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Hiring Heroes Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. TWO-YEAR EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO PROVIDE REHABILITATION AND VOCATIONAL BENEFITS TO MEMBERS OF THE ARMED FORCES WITH SEVERE INJURIES OR ILLNESSES.

Section 1631(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note) is amended by striking ‘December 31, 2012’ and inserting ‘December 31, 2014’.CommentsClose CommentsPermalink

SEC. 3. EXPANSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO PAY EMPLOYERS FOR PROVIDING ON-JOB TRAINING TO VETERANS WHO HAVE NOT BEEN REHABILITATED TO POINT OF EMPLOYABILITY.

Section 3116(b)(1) of title 38, United States Code, is amended by striking ‘who have been rehabilitated to the point of employability’.CommentsClose CommentsPermalink

SEC. 4. TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES WHO HAVE EXHAUSTED RIGHTS TO UNEMPLOYMENT BENEFITS UNDER STATE LAW.

(a) Entitlement to Additional Rehabilitation Programs-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 3102 of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(A) in the matter before paragraph (1), by striking ‘A person’ and inserting the following:CommentsClose CommentsPermalink





‘(a) In General- A person’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(b) Additional Rehabilitation Programs for Persons Who Have Exhausted Rights to Unemployment Benefits Under State Law- (1) A person who has completed a rehabilitation program under this chapter shall be entitled to an additional rehabilitation program under the terms and conditions of this chapter if--CommentsClose CommentsPermalink





‘(A) the person is described by paragraph (1) or (2) of subsection (a); andCommentsClose CommentsPermalink





‘(B) the person--CommentsClose CommentsPermalink





‘(i) has exhausted all rights to regular compensation under the State law or under Federal law with respect to a benefit year;CommentsClose CommentsPermalink





‘(ii) has no rights to regular compensation with respect to a week under such State or Federal law; andCommentsClose CommentsPermalink





‘(iii) is not receiving compensation with respect to such week under the unemployment compensation law of Canada; andCommentsClose CommentsPermalink





‘(C) begins such additional rehabilitation program within six months of the date of such exhaustion.CommentsClose CommentsPermalink





‘(2) For purposes of paragraph (1)(B)(i), a person shall be considered to have exhausted such person’s rights to regular compensation under a State law when--CommentsClose CommentsPermalink





‘(A) no payments of regular compensation can be made under such law because such person has received all regular compensation available to such person based on employment or wages during such person’s base period; orCommentsClose CommentsPermalink





‘(B) such person’s rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed.CommentsClose CommentsPermalink





‘(3) In this subsection, the terms ‘compensation’, ‘regular compensation’, ‘benefit year’, ‘State’, ‘State law’, and ‘week’ have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).’.CommentsClose CommentsPermalink





(2) DURATION OF ADDITIONAL REHABILITATION PROGRAM- Section 3105(b) of such title is amended--CommentsClose CommentsPermalink





(A) by striking ‘Except as provided in subsection (c) of this section,’ and inserting ‘(1) Except as provided in paragraph (2) and in subsection (c),’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) The period of a vocational rehabilitation program pursued by a veteran under section 3102(b) of this title following a determination of the current reasonable feasibility of achieving a vocational goal may not exceed 24 months.’.CommentsClose CommentsPermalink





(b) Extension of Period of Eligibility- Section 3103 of such title is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘in subsection (b), (c), or (d)’ and inserting ‘in subsection (b), (c), (d), or (e)’;CommentsClose CommentsPermalink





(2) by redesignating subsection (e) as subsection (f); andCommentsClose CommentsPermalink





(3) by inserting after subsection (d) the following new subsection (e):CommentsClose CommentsPermalink





‘(e)(1) The limitation in subsection (a) shall not apply to a rehabilitation program described in paragraph (2).CommentsClose CommentsPermalink





‘(2) A rehabilitation program described in this paragraph is a rehabilitation program pursued by a veteran under section 3102(b) of this title.’.CommentsClose CommentsPermalink





(c) Exception to Limitation on Receipt of Assistance Under Chapter 31 and One or More Programs- Section 3695(b) of such title is amended--CommentsClose CommentsPermalink





(1) by striking ‘No person’ and inserting ‘Except as provided in paragraph (2), no person’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) Paragraph (1) shall not apply with respect to a rehabilitation program described in section 3103(e)(2) of this title.’.CommentsClose CommentsPermalink

SEC. 5. ASSESSMENT AND FOLLOW-UP ON VETERANS WHO PARTICIPATE IN DEPARTMENT OF VETERANS AFFAIRS TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES.

(a) In General- Section 3106 of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) For each rehabilitation program pursued by a veteran under this chapter, the Secretary shall contact such veteran not later than 180 days after the date on which such veteran completes such rehabilitation program or terminates participation in such rehabilitation program and not less frequently than once every 180 days thereafter for a period of one year to ascertain the employment status of the veteran and assess such rehabilitation program.’; andCommentsClose CommentsPermalink





(2) in the section heading, by adding ‘; program assessment and follow-up’ at the end.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 31 of such title is amended by striking the item relating to section 3106 and inserting the following new item:CommentsClose CommentsPermalink





‘3106. Initial and extended evaluations; determinations regarding serious employment handicap; program assessment and follow-up.’.CommentsClose CommentsPermalink

SEC. 6. MANDATORY PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN THE TRANSITIONAL ASSISTANCE PROGRAM OF THE DEPARTMENT OF DEFENSE.

(a) In General- Section 1144(c) of title 10, United States Code, is amended by striking ‘shall encourage’ and all that follows and inserting ‘shall require the participation in the program carried out under this section of the members eligible for assistance under the program.’.CommentsClose CommentsPermalink





(b) Required Use of Employment Assistance, Job Training Assistance, and Other Transitional Services in Preseparation Counseling- Section 1142(a)(2) of such title is amended by striking ‘may’ and inserting ‘shall’.CommentsClose CommentsPermalink

SEC. 7. FOLLOW-UP ON EMPLOYMENT STATUS OF MEMBERS OF ARMED FORCES WHO RECENTLY PARTICIPATED IN TRANSITIONAL ASSISTANCE PROGRAM OF DEPARTMENT OF DEFENSE.

For each individual who participates in the Transitional Assistance Program (TAP) of the Department of Defense, the Secretary of Labor shall contact such individual not later than 180 days after the date on which such individual completes such program and not less frequently than once every 90 days thereafter for a period of 180 days to ascertain the employment status of such individual.CommentsClose CommentsPermalink

SEC. 8. COLLABORATIVE VETERANS’ TRAINING, MENTORING, AND PLACEMENT PROGRAM.

(a) In General- Chapter 41 of title 38, United States Code, is amended by inserting after section 4104 the following new section:CommentsClose CommentsPermalink

‘Sec. 4104A. Collaborative veterans’ training, mentoring, and placement program

‘(a) Grants- The Secretary shall award grants to eligible nonprofit organizations to provide training and mentoring for eligible veterans who seek employment. The Secretary shall award the grants to not more than 3 organizations, for periods of 2 years.CommentsClose CommentsPermalink





‘(b) Collaboration and Facilitation- The Secretary shall ensure that the recipients of the grants--CommentsClose CommentsPermalink





‘(1) collaborate with--CommentsClose CommentsPermalink





‘(A) the appropriate disabled veterans’ outreach specialists (in carrying out the functions described in section 4103A(a)) and the appropriate local veterans’ employment representatives (in carrying out the functions described in section 4104); andCommentsClose CommentsPermalink





‘(B) the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) for the areas to be served by recipients of the grants; andCommentsClose CommentsPermalink





‘(2) based on the collaboration, facilitate the placement of the veterans that complete the training in meaningful employment that leads to economic self-sufficiency.CommentsClose CommentsPermalink





‘(c) Application- To be eligible to receive a grant under this section, a nonprofit organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the information shall include--CommentsClose CommentsPermalink





‘(1) information describing how the organization will--CommentsClose CommentsPermalink





‘(A) collaborate with disabled veterans’ outreach specialists and local veterans’ employment representatives and the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801));CommentsClose CommentsPermalink





‘(B) based on the collaboration, provide training that facilitates the placement described in subsection (b)(2); andCommentsClose CommentsPermalink





‘(C) make available, for each veteran receiving the training, a mentor to provide career advice to the veteran and assist the veteran in preparing a resume and developing job interviewing skills; andCommentsClose CommentsPermalink





‘(2) an assurance that the organization will provide the information necessary for the Secretary to prepare the reports described in subsection (d).CommentsClose CommentsPermalink





‘(d) Reports- (1) Not later than 6 months after the date of enactment of the Hiring Heroes Act of 2011, the Secretary shall prepare and submit to the appropriate committees of Congress a report that describes the process for awarding grants under this section, the recipients of the grants, and the collaboration described in subsections (b) and (c).CommentsClose CommentsPermalink





‘(2) Not later than 18 months after the date of enactment of the Hiring Heroes Act of 2011, the Secretary shall--CommentsClose CommentsPermalink





‘(A) conduct an assessment of the performance of the grant recipients, disabled veterans’ outreach specialists, and local veterans’ employment representatives in carrying out activities under this section, which assessment shall include collecting information on the number of--CommentsClose CommentsPermalink





‘(i) veterans who applied for training under this section;CommentsClose CommentsPermalink





‘(ii) veterans who entered the training;CommentsClose CommentsPermalink





‘(iii) veterans who completed the training;CommentsClose CommentsPermalink





‘(iv) veterans who were placed in meaningful employment under this section; andCommentsClose CommentsPermalink





‘(v) veterans who remained in such employment as of the date of the assessment; andCommentsClose CommentsPermalink





‘(B) submit to the appropriate committees of Congress a report that includes--CommentsClose CommentsPermalink





‘(i) a description of how the grant recipients used the funds made available under this section;CommentsClose CommentsPermalink





‘(ii) the results of the assessment conducted under subparagraph (A); andCommentsClose CommentsPermalink





‘(iii) the recommendations of the Secretary as to whether amounts should be appropriated to carry out this section for fiscal years after 2013.CommentsClose CommentsPermalink





‘(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $4,500,000 for the period consisting of fiscal years 2012 and 2013.CommentsClose CommentsPermalink





‘(f) Definitions- In this section--CommentsClose CommentsPermalink





‘(1) the term ‘appropriate committees of Congress’ means the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives; andCommentsClose CommentsPermalink





‘(2) the term ‘nonprofit organization’ means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code.’CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 4103A of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘and facilitate placements’ after ‘intensive services’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) In facilitating placement of a veteran under this program, a disabled veterans’ outreach program specialist shall help to identify job opportunities that are appropriate for the veteran’s employment goals and assist that veteran in developing a cover letter and resume that are targeted for those particular jobs.’.CommentsClose CommentsPermalink





(c) Clerical Amendment- The table of sections at the beginning of chapter 41 of such title is amended by inserting after the item relating to section 4104 the following new item:CommentsClose CommentsPermalink





‘4104A. Collaborative veterans’ training, mentoring, and placement program.’.CommentsClose CommentsPermalink

SEC. 9. INDIVIDUALIZED ASSESSMENT FOR MEMBERS OF THE ARMED FORCES UNDER TRANSITION ASSISTANCE ON EQUIVALENCE BETWEEN SKILLS DEVELOPED IN MILITARY OCCUPATIONAL SPECIALITIES AND QUALIFICATIONS REQUIRED FOR CIVILIAN EMPLOYMENT WITH THE PRIVATE SECTOR.

(a) Study on Equivalence Required-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Labor shall jointly enter into a contract with a qualified organization or entity jointly selected by the Secretaries, to conduct a study to identify any equivalences between the skills developed by members of the Armed Forces through various military occupational specialties (MOS) and the qualifications required for various positions of civilian employment in the private sector.CommentsClose CommentsPermalink





(2) COOPERATION OF FEDERAL AGENCIES- The departments and agencies of the Federal Government, including the Office of Personnel Management, the General Services Administration, the Government Accountability Office, and other appropriate departments and agencies, shall cooperate with the contractor under paragraph (1) to conduct the study required under that paragraph.CommentsClose CommentsPermalink





(3) REPORT- Upon completion of the study conducted under paragraph (1), the contractor under that paragraph shall submit to the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Labor a report setting forth the results of the study. The report shall include such information as the Secretaries shall specify in the contract under paragraph (1) for purposes of this section.CommentsClose CommentsPermalink





(4) TRANSMITTAL TO CONGRESS- The Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Labor shall jointly transmit to Congress the report submitted under paragraph (3), together with such comments on the report as the Secretaries jointly consider appropriate.CommentsClose CommentsPermalink





(b) Individualized Assessment of Civilian Positions Available Through MOS Skills- The Secretary of Defense shall ensure that each member of the Armed Forces who is participating in the Transition Assistance Program (TAP) of the Department of Defense receives, as part of such member’s participation in that program, an individualized assessment of the various positions of civilian employment in the private sector for which such member may be qualified as a result of the skills developed by such member through such member’s military occupational specialty. The assessment shall be performed using the results of the study conducted under subsection (a) and such other information as the Secretary of Defense, in consultation with the Secretary of Veterans Affairs and the Secretary of Labor, considers appropriate for that purpose.CommentsClose CommentsPermalink





(c) Further Use in Employment-Related Transition Assistance-CommentsClose CommentsPermalink





(1) TRANSMITTAL OF ASSESSMENT- The Secretary of Defense shall transmit the individualized assessment provided a member under subsection (a) to the Secretary of Veterans Affairs and the Secretary of Labor.CommentsClose CommentsPermalink





(2) USE IN ASSISTANCE- The Secretary of Veterans Affairs and the Secretary of Labor may use an individualized assessment with respect to an individual under paragraph (1) for employment-related assistance in the transition from military service to civilian life provided the individual by such Secretary and to otherwise facilitate and enhance the transition of the individual from military service to civilian life.CommentsClose CommentsPermalink

SEC. 10. APPOINTMENT OF HONORABLY DISCHARGED MEMBERS AND OTHER EMPLOYMENT ASSISTANCE.

(a) Appointment of Honorably Discharged Members of the Uniformed Services to Civil Service Positions-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 33 of title 5, United States Code, is amended by inserting after section 3330c the following:CommentsClose CommentsPermalink

‘Sec. 3330d. Honorably discharged members of the uniformed services

‘The head of an executive agency may appoint a member of the uniformed services who is honorably discharged to a position in the civil service without regard to sections 3301 through 3330c during the 180-day period beginning on the date that the individual is honorably discharged, if that individual is otherwise qualified for the position.’.CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 33 of title 5, United States Code, is amended by adding after the item relating to section 3330c the following:CommentsClose CommentsPermalink





‘3330d. Honorably discharged members of the uniformed services.’.CommentsClose CommentsPermalink





(b) Employment Assistance: Other Federal Agencies-CommentsClose CommentsPermalink





(1) DEFINITIONS- In this subsection--CommentsClose CommentsPermalink





(A) the term ‘agency’ has the meaning given the term ‘Executive agency’ in section 105 of title 5, United States Code; andCommentsClose CommentsPermalink





(B) the term ‘veteran’ has the meaning given that term in section 101 of title 38, United States Code.CommentsClose CommentsPermalink





(2) RESPONSIBILITIES OF OFFICE OF PERSONNEL MANAGEMENT- The Director of the Office of Personnel Management shall--CommentsClose CommentsPermalink





(A) designate agencies that shall establish a program to provide employment assistance to members of the armed forces who are being separated from active duty in accordance with paragraph (3); andCommentsClose CommentsPermalink





(B) ensure that the programs established under this subsection are coordinated with the Transition Assistance Program (TAP) of the Department of Defense.CommentsClose CommentsPermalink





(3) ELEMENTS OF PROGRAM- The head of each agency designated under paragraph (2)(A), in consultation with the Director of the Office of Personnel Management, and acting through the Veterans Employment Program Office of the agency established under Executive Order 13518 (74 Fed. Reg. 58533; relating to employment of veterans in the Federal Government), or any successor thereto, shall--CommentsClose CommentsPermalink





(A) establish a program to provide employment assistance to members of the Armed Forces who are being separated from active duty, including assisting such members in seeking employment with the agency;CommentsClose CommentsPermalink





(B) provide such members with information regarding the program of the agency established under subparagraph (A); andCommentsClose CommentsPermalink





(C) promote the recruiting, hiring, training and development, and retention of such members and veterans by the agency.CommentsClose CommentsPermalink





(4) OTHER OFFICE- If an agency designated under paragraph (2)(A) does not have a Veterans Employment Program Office, the head of the agency, in consultation with the Director of the Office of Personnel Management, shall select an appropriate office of the agency to carry out the responsibilities of the agency under paragraph (3).CommentsClose CommentsPermalink

SEC. 11. OUTREACH PROGRAM FOR CERTAIN VETERANS RECEIVING UNEMPLOYMENT COMPENSATION.

(a) In General- The Secretary of Labor shall carry out a program through the Assistant Secretary of Labor for Veterans’ Employment and Training, the disabled veterans’ outreach program specialists employed under section 4103A of title 38, United States Code, and local veterans’ employment representatives employed under section 4104 of such title to provide outreach to covered veterans and provide them with assistance in finding employment.CommentsClose CommentsPermalink





(b) Covered Veterans- For purposes of this section, a covered veteran is a veteran who--CommentsClose CommentsPermalink





(1) recently separated from service in the Armed Forces; andCommentsClose CommentsPermalink





(2) has been in receipt of assistance under the Unemployment Compensation for Ex-servicemembers program under subchapter II of chapter 85 of title 5 for more than 105 days.CommentsClose CommentsPermalink

SEC. 12. DEPARTMENT OF DEFENSE PILOT PROGRAM ON WORK EXPERIENCE FOR MEMBERS OF THE ARMED FORCES ON TERMINAL LEAVE.

(a) In General- The Secretary of Defense may establish a pilot program to assess the feasibility and advisability of providing to covered individuals work experience with civilian employees and contractors of the Department of Defense to facilitate the transition of the individuals from service in the Armed Forces to employment in the civilian labor market.CommentsClose CommentsPermalink





(b) Covered Individuals- For purposes of this section, a covered individual is any individual who--CommentsClose CommentsPermalink





(1) is a member of the Armed Forces;CommentsClose CommentsPermalink





(2) the Secretary expects to be discharged or separated from service in the Armed Forces and is on terminal leave;CommentsClose CommentsPermalink





(3) the Secretary determines has skills that can be used to provide services to the Department that the Secretary considers critical to the success of the mission of the Department; andCommentsClose CommentsPermalink





(4) the Secretary determines might benefit from exposure to the civilian work environment while working for the Department in order to facilitate a transition of the individual from service in the Armed Forces to employment in the civilian labor market.CommentsClose CommentsPermalink





(c) Duration- The pilot program shall be carried out during the two-year period beginning on the date of the commencement of the pilot program.CommentsClose CommentsPermalink





(d) Report- Not later than 540 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate and the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program that includes the findings of the Secretary with respect to the feasibility and advisability of providing covered individuals with work experience as described in subsection (a).CommentsClose CommentsPermalink

SEC. 13. ENHANCEMENT OF DEMONSTRATION PROGRAM ON CREDENTIALING AND LICENSING OF VETERANS.

Section 4114 of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘may’ and inserting ‘shall’;CommentsClose CommentsPermalink





(2) in subsection (b)(1)--CommentsClose CommentsPermalink





(A) by striking ‘Assistant Secretary shall’ and inserting ‘Assistant Secretary of Veterans’ Employment and Training shall, in consultation with the Assistant Secretary for Employment and Training,’;CommentsClose CommentsPermalink





(B) by striking ‘10 military’ and inserting ‘five military’; andCommentsClose CommentsPermalink





(C) by inserting ‘of Veterans’ Employment and Training’ after ‘selected by the Assistant Secretary’; andCommentsClose CommentsPermalink





(3) by striking subsections (d) through (h) and inserting the following:CommentsClose CommentsPermalink





‘(d) Period of Project- The period during which the Assistance Secretary shall carry out the demonstration project under this section shall be the two-year period beginning on the date of the enactment of the Hiring Heroes Act of 2011.’.CommentsClose CommentsPermalink