Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	198	n/a	n/a
Reported in House	974	6	85%
Engrossed in House	449	17	90%
Placed on Calendar Senate	518	8	12%
Engrossed Amendment Senate	10,953	125	98%
Enrolled Bill	10,694	18 Show Changes Hide Changes	2%

Display Version Introduced in House Reported in House Engrossed in House Placed on Calendar Senate Engrossed Amendment Senate Enrolled Bill

HR 674 EAS

In the Senate of the United States,

November 10, 2011.

Resolved, That the bill from the House of Representatives (H.R.674CommentsClose CommentsPermalink

) entitled ‘An Act t One Hundred Twelfth Congress CommentsClose CommentsPermalink

CommentsClose CommentsPermalink

To amend the Internal Revenue Code of 1986 to repeal the imposition of 3 percent withholding on certain payments made to vendors by government entities, to modify the calculation of modified adjusted gross income for purposes of determining eligibility for certain healthcare-related programs, and for other purposes.CommentsClose CommentsPermalink

’, do pass with the following

AMENDMENT:

Strike title II and insert the following:

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

TITLE II--VOW TO HIRE HEROES

Sec. 201. Short title.CommentsClose CommentsPermalink

Subtitle A--Retraining Veterans

Sec. 211. Veterans retraining assistance program.CommentsClose CommentsPermalink

Subtitle B--Improving the Transition Assistance Program

Sec. 221. Mandatory participation of members of the Armed Forces in the Transition Assistance Program of Department of Defense.CommentsClose CommentsPermalink





Sec. 222. Individualized assessment for members of the Armed Forces under transition assistance on equivalence between skills developed in military occupational specialties and qualifications required for civilian employment with the private sector.CommentsClose CommentsPermalink





Sec. 223. Transition Assistance Program contracting.CommentsClose CommentsPermalink





Sec. 224. Contracts with private entities to assist in carrying out Transition Assistance Program of Department of Defense.CommentsClose CommentsPermalink





Sec. 225. Improved access to apprenticeship programs for members of the Armed Forces who are being separated from active duty or retired.CommentsClose CommentsPermalink





Sec. 226. Comptroller General review.CommentsClose CommentsPermalink

Subtitle C--Improving the Transition of Veterans to Civilian Employment

Sec. 231. 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.CommentsClose CommentsPermalink





Sec. 232. 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.CommentsClose CommentsPermalink





Sec. 233. Training and rehabilitation for veterans with service-connected disabilities who have exhausted rights to unemployment benefits under State law.CommentsClose CommentsPermalink





Sec. 234. Collaborative veterans’ training, mentoring, and placement program.CommentsClose CommentsPermalink





Sec. 235. Appointment of honorably discharged members and other employment assistance.CommentsClose CommentsPermalink





Sec. 236. Department of Defense pilot program on work experience for members of the Armed Forces on terminal leave.CommentsClose CommentsPermalink





Sec. 237. Enhancement of demonstration program on credentialing and licensing of veterans.CommentsClose CommentsPermalink





Sec. 238. Inclusion of performance measures in annual report on veteran job counseling, training, and placement programs of the Department of Labor.CommentsClose CommentsPermalink





Sec. 239. Clarification of priority of service for veterans in Department of Labor job training programs.CommentsClose CommentsPermalink





Sec. 240. Evaluation of individuals receiving training at the National Veterans’ Employment and Training Services Institute.CommentsClose CommentsPermalink





Sec. 241. Requirements for full-time disabled veterans’ outreach program specialists and local veterans’ employment representatives.CommentsClose CommentsPermalink

Subtitle D--Improvements to Uniformed Services Employment and Reemployment Rights

Sec. 251. Clarification of benefits of employment covered under USERRA.CommentsClose CommentsPermalink

Subtitle E--Other Matters

Sec. 261. Returning heroes and wounded warriors work opportunity tax credits.CommentsClose CommentsPermalink





Sec. 262. Extension of reduced pension for certain veterans covered by Medicaid plans for services furnished by nursing facilities.CommentsClose CommentsPermalink





Sec. 263. Reimbursement rate for ambulance services.CommentsClose CommentsPermalink





Sec. 264. Extension of authority for Secretary of Veterans Affairs to obtain information from Secretary of Treasury and Commissioner of Social Security for income verification purposes.CommentsClose CommentsPermalink





Sec. 265. Modification of loan guaranty fee for certain subsequent loans.CommentsClose CommentsPermalink

TITLE III--OTHER PROVISIONS RELATING TO FEDERAL VENDORS

Sec. 301. One hundred percent levy for payments to Federal vendors relating to property.CommentsClose CommentsPermalink





Sec. 302. Study and report on reducing the amount of the tax gap owed by Federal contractors.CommentsClose CommentsPermalink

TITLE IV--MODIFICATION OF CALCULATION OF MODIFIED ADJUSTED GROSS INCOME FOR DETERMINING CERTAIN HEALTHCARE PROGRAM ELIGIBILITY

Sec. 401. Modification of calculation of modified adjusted gross income for determining certain healthcare program eligibility.CommentsClose CommentsPermalink

TITLE V--BUDGETARY EFFECTS

Sec. 501. Statutory Pay-As-You-Go Act of 2010.CommentsClose CommentsPermalink

TITLE I--THREE PERCENT WITHHOLDING REPEAL AND JOB CREATION ACTCommentsClose CommentsPermalink

TITLE II--VOW TO HIRE HEROESCommentsClose CommentsPermalink

SEC. 201. SHORT TITLE.CommentsClose CommentsPermalink

This title may be cited as the ‘VOW to Hire Heroes Act of 2011’.CommentsClose CommentsPermalink

Subtitle A--Retraining VeteransCommentsClose CommentsPermalink

SEC. 211. VETERANS RETRAINING ASSISTANCE PROGRAM.CommentsClose CommentsPermalink

(a) Program Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than July 1, 2012, the Secretary of Veterans Affairs shall, in collaboration with the Secretary of Labor, establish and commence a program of retraining assistance for eligible veterans.CommentsClose CommentsPermalink





(2) NUMBER OF ELIGIBLE VETERANS- The number of unique eligible veterans who participate in the program established under paragraph (1) may not exceed--CommentsClose CommentsPermalink





(A) 45,000 during fiscal year 2012; andCommentsClose CommentsPermalink





(B) 54,000 during the period beginning October 1, 2012, and ending March 31, 2014.CommentsClose CommentsPermalink





(b) Retraining Assistance- Except as provided by subsection (k), each veteran who participates in the program established under subsection (a)(1) shall be entitled to up to 12 months of retraining assistance provided by the Secretary of Veterans Affairs. Such retraining assistance may only be used by the veteran to pursue a program of education (as such term is defined in section 3452(b) of title 38, United States Code) for training, on a full-time basis, that--CommentsClose CommentsPermalink





(1) is approved under chapter 36 of such title;CommentsClose CommentsPermalink





(2) is offered by a community college or technical school;CommentsClose CommentsPermalink





(3) leads to an associate degree or a certificate (or other similar evidence of the completion of the program of education or training);CommentsClose CommentsPermalink





(4) is designed to provide training for a high-demand occupation, as determined by the Commissioner of Labor Statistics; andCommentsClose CommentsPermalink





(5) begins on or after July 1, 2012.CommentsClose CommentsPermalink





(c) Monthly Certification- Each veteran who participates in the program established under subsection (a)(1) shall certify to the Secretary of Veterans Affairs the enrollment of the veteran in a program of education described in subsection (b) for each month in which the veteran participates in the program.CommentsClose CommentsPermalink





(d) Amount of Assistance- The monthly amount of the retraining assistance payable under this section is the amount in effect under section 3015(a)(1) of title 38, United States Code.CommentsClose CommentsPermalink





(e) Eligibility-CommentsClose CommentsPermalink





(1) IN GENERAL- For purposes of this section, an eligible veteran is a veteran who--CommentsClose CommentsPermalink





(A) as of the date of the submittal of the application for assistance under this section, is at least 35 years of age but not more than 60 years of age;CommentsClose CommentsPermalink





(B) was last discharged from active duty service in the Armed Forces under conditions other than dishonorable;CommentsClose CommentsPermalink





(C) as of the date of the submittal of the application for assistance under this section, is unemployed;CommentsClose CommentsPermalink





(D) as of the date of the submittal of the application for assistance under this section, is not eligible to receive educational assistance under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code;CommentsClose CommentsPermalink





(E) is not in receipt of compensation for a service-connected disability rated totally disabling by reason of unemployability;CommentsClose CommentsPermalink





(F) was not and is not enrolled in any Federal or State job training program at any time during the 180-day period ending on the date of the submittal of the application for assistance under this section; andCommentsClose CommentsPermalink





(G) by not later than October 1, 2013, submits to the Secretary of Labor an application for assistance under this section containing such information and assurances as that Secretary may require.CommentsClose CommentsPermalink





(2) DETERMINATION OF ELIGIBILITY-CommentsClose CommentsPermalink





(A) DETERMINATION BY SECRETARY OF LABOR-CommentsClose CommentsPermalink





(i) IN GENERAL- For each application for assistance under this section received by the Secretary of Labor from an applicant, the Secretary of Labor shall determine whether the applicant is eligible for such assistance under subparagraphs (A), (C), (F), and (G) of paragraph (1).CommentsClose CommentsPermalink





(ii) REFERRAL TO SECRETARY OF VETERANS AFFAIRS- If the Secretary of Labor determines under clause (i) that an applicant is eligible for assistance under this section, the Secretary of Labor shall forward the application of such applicant to the Secretary of Veterans Affairs in accordance with the terms of the agreement required by subsection (h).CommentsClose CommentsPermalink





(B) DETERMINATION BY SECRETARY OF VETERANS AFFAIRS- For each application relating to an applicant received by the Secretary of Veterans Affairs under subparagraph (A)(ii), the Secretary of Veterans Affairs shall determine under subparagraphs (B), (D), and (E) of paragraph (1) whether such applicant is eligible for assistance under this section.CommentsClose CommentsPermalink





(f) Employment Assistance- For each veteran who participates in the program established under subsection (a)(1), the Secretary of Labor shall contact such veteran not later than 30 days after the date on which the veteran completes, or terminates participation in, such program to facilitate employment of such veteran and availability or provision of employment placement services to such veteran.CommentsClose CommentsPermalink





(g) Charging of Assistance Against Other Entitlement- Assistance provided under this section shall be counted against the aggregate period for which section 3695 of title 38, United States Code, limits the individual’s receipt of educational assistance under laws administered by the Secretary of Veterans Affairs.CommentsClose CommentsPermalink





(h) Joint Agreement-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Veterans Affairs and the Secretary of Labor shall enter into an agreement to carry out this section.CommentsClose CommentsPermalink





(2) APPEALS PROCESS- The agreement required by paragraph (1) shall include establishment of a process for resolving disputes relating to and appeals of decisions of the Secretaries under subsection (e)(2).CommentsClose CommentsPermalink





(i) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than July 1, 2014, the Secretary of Veterans Affairs shall, in collaboration with the Secretary of Labor, submit to the appropriate committees of Congress a report on the retraining assistance provided under this section.CommentsClose CommentsPermalink





(2) ELEMENTS- The report required by paragraph (1) shall include the following:CommentsClose CommentsPermalink





(A) The total number of--CommentsClose CommentsPermalink





(i) eligible veterans who participated; andCommentsClose CommentsPermalink





(ii) associates degrees or certificates awarded (or other similar evidence of the completion of the program of education or training earned).CommentsClose CommentsPermalink





(B) Data related to the employment status of eligible veterans who participated.CommentsClose CommentsPermalink





(j) Funding- Payments under this section shall be made from amounts appropriated to or otherwise made available to the Department of Veterans Affairs for the payment of readjustment benefits. Not more than $2,000,000 shall be made available from such amounts for information technology expenses (not including personnel costs) associated with the administration of the program established under subsection (a)(1).CommentsClose CommentsPermalink





(k) Termination of Authority- The authority to make payments under this section shall terminate on March 31, 2014.CommentsClose CommentsPermalink





(l) Appropriate Committees of Congress Defined- In this section, the term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink





(1) the Committee on Veterans’ Affairs and the Committee on Health, Education, Labor, and Pension of the Senate; andCommentsClose CommentsPermalink





(2) the Committee on Veterans’ Affairs and the Committee on Education and the Workforce of the House of Representatives.CommentsClose CommentsPermalink

Subtitle B--Improving the Transition Assistance ProgramCommentsClose CommentsPermalink

SEC. 221. MANDATORY PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN THE TRANSITION ASSISTANCE PROGRAM OF DEPARTMENT OF DEFENSE.CommentsClose CommentsPermalink

(a) In General- Subsection (c) of section 1144 of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(c) Participation- (1) Except as provided in paragraph (2), the Secretary of Defense and the Secretary of Homeland Security shall require the participation in the program carried out under this section of the members eligible for assistance under the program.CommentsClose CommentsPermalink





‘(2) The Secretary of Defense and the Secretary of Homeland Security may, under regulations such Secretaries shall prescribe, waive the participation requirement of paragraph (1) with respect to--CommentsClose CommentsPermalink





‘(A) such groups or classifications of members as the Secretaries determine, after consultation with the Secretary of Labor and the Secretary of Veterans Affairs, for whom participation is not and would not be of assistance to such members based on the Secretaries’ articulable justification that there is extraordinarily high reason to believe the exempted members are unlikely to face major readjustment, health care, employment, or other challenges associated with transition to civilian life; andCommentsClose CommentsPermalink





‘(B) individual members possessing specialized skills who, due to unavoidable circumstances, are needed to support a unit’s imminent deployment.’.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





(c) Effective Date- The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 222. INDIVIDUALIZED ASSESSMENT FOR MEMBERS OF THE ARMED FORCES UNDER TRANSITION ASSISTANCE ON EQUIVALENCE BETWEEN SKILLS DEVELOPED IN MILITARY OCCUPATIONAL SPECIALTIES AND QUALIFICATIONS REQUIRED FOR CIVILIAN EMPLOYMENT WITH THE PRIVATE SECTOR.CommentsClose CommentsPermalink

(a) Study on Equivalence Required-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Labor shall, in consultation with the Secretary of Defense and the Secretary of Veterans Affairs, enter into a contract with a qualified organization to conduct a study to identify any equivalences between the skills developed by members of the Armed Forces through various military occupational specialties (MOS), successful completion of resident training courses, attaining various military ranks or rates, or other military experiences 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, the Department of Education, 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 Labor shall transmit to the appropriate committees of Congress the report submitted under paragraph (3), together with such comments on the report as the Secretary considers appropriate.CommentsClose CommentsPermalink





(5) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this subsection, the term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink





(A) the Committee on Veterans’ Affairs, the Committee on Armed Services, and the Committee on Health, Education, Labor, and Pension of the Senate; andCommentsClose CommentsPermalink





(B) the Committee on Veterans’ Affairs, the Committee on Armed Services, and the Committee on Education and the Workforce of the House of Representatives.CommentsClose CommentsPermalink





(b) Publication- The secretaries described in subsection (a)(1) shall ensure that the equivalences identified under subsection (a)(1) are--CommentsClose CommentsPermalink





(1) made publicly available on an Internet website; andCommentsClose CommentsPermalink





(2) regularly updated to reflect the most recent findings of the secretaries with respect to such equivalences.CommentsClose CommentsPermalink





(c) Individualized Assessment of Civilian Positions Available Through Military Experiences- 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 various military occupational specialties (MOS), successful completion of resident training courses, attaining various military ranks or rates, or other military experiences. 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





(d) Further Use in Employment-related Transition Assistance-CommentsClose CommentsPermalink





(1) TRANSMITTAL OF ASSESSMENT- The Secretary of Defense shall make the individualized assessment provided a member under subsection (a) available electronically 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





(e) Effective Date- This section shall take effect on the date that is one year after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 223. TRANSITION ASSISTANCE PROGRAM CONTRACTING.CommentsClose CommentsPermalink

(a) Transition Assistance Program Contracting-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 4113 of title 38, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

-‘Sec. 4113. Transition Assistance Program personnelCommentsClose CommentsPermalink

‘(a) Requirement to Contract- In accordance with section 1144 of title 10, the Secretary shall enter into a contract with an appropriate private entity or entities to provide the functions described in subsection (b) at all locations where the program described in such section is carried out.CommentsClose CommentsPermalink





‘(b) Functions- Contractors under subsection (a) shall provide to members of the Armed Forces who are being separated from active duty (and the spouses of such members) the services described in section 1144(a)(1) of title 10, including the following:CommentsClose CommentsPermalink





‘(1) Counseling.CommentsClose CommentsPermalink





‘(2) Assistance in identifying employment and training opportunities and help in obtaining such employment and training.CommentsClose CommentsPermalink





‘(3) Assessment of academic preparation for enrollment in an institution of higher learning or occupational training.CommentsClose CommentsPermalink





‘(4) Other related information and services under such section.CommentsClose CommentsPermalink





‘(5) Such other services as the Secretary considers appropriate.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 41 of title 38, United States Code, is amended by striking the item relating to section 4113 and inserting the following new item:CommentsClose CommentsPermalink





‘4113. Transition Assistance Program personnel.’.CommentsClose CommentsPermalink





(b) Deadline for Implementation- The Secretary of Labor shall enter into the contract required by section 4113 of title 38, United States Code, as added by subsection (a), not later than two years after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 224. CONTRACTS WITH PRIVATE ENTITIES TO ASSIST IN CARRYING OUT TRANSITION ASSISTANCE PROGRAM OF DEPARTMENT OF DEFENSE.CommentsClose CommentsPermalink

Section 1144(d) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (5), by striking ‘public or private entities; and’ and inserting ‘public entities;’;CommentsClose CommentsPermalink





(2) by redesignating paragraph (6) as paragraph (7); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (5), the following new paragraph (6):CommentsClose CommentsPermalink





‘(6) enter into contracts with private entities, particularly with qualified private entities that have experience with instructing members of the armed forces eligible for assistance under the program carried out under this section on--CommentsClose CommentsPermalink





‘(A) private sector culture, resume writing, career networking, and training on job search technologies;CommentsClose CommentsPermalink





‘(B) academic readiness and educational opportunities; orCommentsClose CommentsPermalink





‘(C) other relevant topics; and’.CommentsClose CommentsPermalink

SEC. 225. IMPROVED ACCESS TO APPRENTICESHIP PROGRAMS FOR MEMBERS OF THE ARMED FORCES WHO ARE BEING SEPARATED FROM ACTIVE DUTY OR RETIRED.CommentsClose CommentsPermalink

Section 1144 of title 10, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(e) Participation in Apprenticeship Programs- As part of the program carried out under this section, the Secretary of Defense and the Secretary of Homeland Security may permit a member of the armed forces eligible for assistance under the program to participate in an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), or a pre-apprenticeship program that provides credit toward a program registered under such Act, that provides members of the armed forces with the education, training, and services necessary to transition to meaningful employment that leads to economic self-sufficiency.’.CommentsClose CommentsPermalink

SEC. 226. COMPTROLLER GENERAL REVIEW.CommentsClose CommentsPermalink

Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the Transition Assistance Program (TAP) and submit to Congress a report on the results of the review and any recommendations of the Comptroller General for improving the program.CommentsClose CommentsPermalink

Subtitle C--Improving the Transition of Veterans to Civilian EmploymentCommentsClose CommentsPermalink

SEC. 231. 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.CommentsClose CommentsPermalink

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. 232. 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.CommentsClose CommentsPermalink

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

(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) Except as provided in paragraph (4), 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





‘(4) No person shall be entitled to an additional rehabilitation program under paragraph (1) from whom the Secretary receives an application therefor after March 31, 2014.’.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 12 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) Effective Date- The amendments made by subsections (a) and (b) shall take effect on June 1, 2012, and shall apply with respect to rehabilitation programs beginning after such date.CommentsClose CommentsPermalink





(d) Comptroller General Review- Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall--CommentsClose CommentsPermalink





(1) conduct a review of the training and rehabilitation under chapter 31 of title 38, United States Code; andCommentsClose CommentsPermalink





(2) submit to Congress a report on the findings of the Comptroller General with respect to the review and any recommendations of the Comptroller General for improving such training and rehabilitation.CommentsClose CommentsPermalink

SEC. 234. COLLABORATIVE VETERANS’ TRAINING, MENTORING, AND PLACEMENT PROGRAM.CommentsClose CommentsPermalink

(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 programCommentsClose CommentsPermalink

‘(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 three organizations, for periods of two 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 six months after the date of the enactment of the VOW to Hire 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 VOW to Hire 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--CommentsClose CommentsPermalink





‘(A) the Committee on Veterans’ Affairs and the Committee on Health, Education, Labor, and Pension of the Senate; andCommentsClose CommentsPermalink





‘(B) the Committee on Veterans’ Affairs and the Committee on Education and Workforce 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(a) 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. 235. APPOINTMENT OF HONORABLY DISCHARGED MEMBERS AND OTHER EMPLOYMENT ASSISTANCE.CommentsClose CommentsPermalink

(a) Appointments to Competitive Service Positions-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 21 of title 5, United States Code, is amended by inserting after section 2108 the following:CommentsClose CommentsPermalink

‘Sec. 2108a. Treatment of certain individuals as veterans, disabled veterans, and preference eligiblesCommentsClose CommentsPermalink

‘(a) Veteran-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided under paragraph (3), an individual shall be treated as a veteran defined under section 2108(1) for purposes of making an appointment in the competitive service, if the individual--CommentsClose CommentsPermalink





‘(A) meets the definition of a veteran under section 2108(1), except for the requirement that the individual has been discharged or released from active duty in the armed forces under honorable conditions; andCommentsClose CommentsPermalink





‘(B) submits a certification described under paragraph (2) to the Federal officer making the appointment.CommentsClose CommentsPermalink





‘(2) CERTIFICATION- A certification referred to under paragraph (1) is a certification that the individual is expected to be discharged or released from active duty in the armed forces under honorable conditions not later than 120 days after the date of the submission of the certification.CommentsClose CommentsPermalink





‘(b) Disabled Veteran-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided under paragraph (3), an individual shall be treated as a disabled veteran defined under section 2108(2) for purposes of making an appointment in the competitive service, if the individual--CommentsClose CommentsPermalink





‘(A) meets the definition of a disabled veteran under section 2108(2), except for the requirement that the individual has been separated from active duty in the armed forces under honorable conditions; andCommentsClose CommentsPermalink





‘(B) submits a certification described under paragraph (2) to the Federal officer making the appointment.CommentsClose CommentsPermalink





‘(2) CERTIFICATION- A certification referred to under paragraph (1) is a certification that the individual is expected to be separated from active duty in the armed forces under honorable conditions not later than 120 days after the date of the submission of the certification.CommentsClose CommentsPermalink





‘(c) Preference Eligible- Subsections (a) and (b) shall apply with respect to determining whether an individual is a preference eligible under section 2108(3) for purposes of making an appointment in the competitive service.’.CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) DEFINITIONS- Section 2108 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(i) in paragraph (1), in the matter following subparagraph (D), by inserting ‘, except as provided under section 2108a,’ before ‘who has been’;CommentsClose CommentsPermalink





(ii) in paragraph (2), by inserting ‘(except as provided under section 2108a)’ before ‘has been separated’; andCommentsClose CommentsPermalink





(iii) in paragraph (3), in the matter preceding subparagraph (A), by inserting ‘or section 2108a(c)’ after ‘paragraph (4) of this section’.CommentsClose CommentsPermalink





(B) TABLE OF SECTIONS- The table of sections for chapter 21 of title 5, United States Code, is amended by adding after the item relating to section 2108 the following:CommentsClose CommentsPermalink





‘2108a. Treatment of certain individuals as veterans, disabled veterans, and preference eligibles.’.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. 236. DEPARTMENT OF DEFENSE PILOT PROGRAM ON WORK EXPERIENCE FOR MEMBERS OF THE ARMED FORCES ON TERMINAL LEAVE.CommentsClose CommentsPermalink

(a) In General- The Secretary of Defense may establish a pilot program to assess the feasibility and advisability of providing to members of the Armed Forces on terminal leave 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) 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





(c) Report- Not later than 540 days after the date of the commencement of the pilot program, 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 an interim 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. 237. ENHANCEMENT OF DEMONSTRATION PROGRAM ON CREDENTIALING AND LICENSING OF VETERANS.CommentsClose CommentsPermalink

(a) In General- 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)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





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





(ii) by striking ‘not less than 10 military’ and inserting ‘not more than five military’; andCommentsClose CommentsPermalink





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





(B) in paragraph (2), by striking ‘consult with appropriate Federal, State, and industry officials to’ and inserting ‘enter into a contract with an appropriate entity representing a coalition of State governors to consult with appropriate Federal, State, and industry officials and’; andCommentsClose CommentsPermalink





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





‘(d) Period of Project- The period during which the Assistant 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 VOW to Hire Heroes Act of 2011.’.CommentsClose CommentsPermalink





(b) Study Comparing Costs Incurred by Secretary of Defense for Training for Military Occupational Specialties Without Credentialing or Licensing With Costs Incurred by Secretary of Veterans Affairs and Secretary of Labor in Providing Employment-related Assistance-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the conclusion of the period described in subsection (d) of section 4114 of title 38, United States Code, as added by subsection (a), the Assistant Secretary of Labor of Veterans’ Employment and Training shall, in consultation with the Secretary of Defense and the Secretary of Veterans Affairs, complete a study comparing the costs incurred by the Secretary of Defense in training members of the Armed Forces for the military occupational specialties selected by the Assistant Secretary of Labor of Veterans’ Employment and Training pursuant to the demonstration project provided for in such section 4114, as amended by subsection (a), with the costs incurred by the Secretary of Veterans Affairs and the Secretary of Labor in providing employment-related assistance to veterans who previously held such military occupational specialties, including--CommentsClose CommentsPermalink





(A) providing educational assistance under laws administered by the Secretary of Veterans Affairs to veterans to obtain credentialing and licensing for civilian occupations that are similar to such military occupational specialties;CommentsClose CommentsPermalink





(B) providing assistance to unemployed veterans who, while serving in the Armed Forces, were trained in a military occupational specialty; andCommentsClose CommentsPermalink





(C) providing vocational training or counseling to veterans described in subparagraph (B).CommentsClose CommentsPermalink





(2) REPORT-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 180 days after the conclusion of the period described in subsection (d) of section 4114 of title 38, United States Code, as added by subsection (a), the Assistant Secretary of Labor of Veterans’ Employment and Training shall submit to Congress a report on the study carried out under paragraph (1).CommentsClose CommentsPermalink





(B) ELEMENTS- The report required by subparagraph (A) shall include the following:CommentsClose CommentsPermalink





(i) The findings of the Assistant Secretary with respect to the study required by paragraph (1).CommentsClose CommentsPermalink





(ii) A detailed description of the costs compared under the study required by paragraph (1).CommentsClose CommentsPermalink

SEC. 238. INCLUSION OF PERFORMANCE MEASURES IN ANNUAL REPORT ON VETERAN JOB COUNSELING, TRAINING, AND PLACEMENT PROGRAMS OF THE DEPARTMENT OF LABOR.CommentsClose CommentsPermalink

Section 4107(c) of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (2), by striking ‘clause (1)’ and inserting ‘paragraph (1)’;CommentsClose CommentsPermalink





(2) in paragraph (5), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(3) in paragraph (6), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





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





‘(7) performance measures for the provision of assistance under this chapter, including--CommentsClose CommentsPermalink





‘(A) the percentage of participants in programs under this chapter who find employment before the end of the first 90-day period following their completion of the program;CommentsClose CommentsPermalink





‘(B) the percentage of participants described in subparagraph (A) who are employed during the first 180-day period following the period described in such subparagraph;CommentsClose CommentsPermalink





‘(C) the median earnings of participants described in subparagraph (A) during the period described in such subparagraph;CommentsClose CommentsPermalink





‘(D) the median earnings of participants described in subparagraph (B) during the period described in such subparagraph; andCommentsClose CommentsPermalink





‘(E) the percentage of participants in programs under this chapter who obtain a certificate, degree, diploma, licensure, or industry-recognized credential relating to the program in which they participated under this chapter during the third 90-day period following their completion of the program.’.CommentsClose CommentsPermalink

SEC. 239. CLARIFICATION OF PRIORITY OF SERVICE FOR VETERANS IN DEPARTMENT OF LABOR JOB TRAINING PROGRAMS.CommentsClose CommentsPermalink

Section 4215 of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(3), by adding at the end the following: ‘Such priority includes giving access to such services to a covered person before a non-covered person or, if resources are limited, giving access to such services to a covered person instead of a non-covered person.’; andCommentsClose CommentsPermalink





(2) by amending subsection (d) to read as follows:CommentsClose CommentsPermalink





‘(d) Addition to Annual Report- (1) 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. Such evaluation shall include--CommentsClose CommentsPermalink





‘(A) an analysis of the implementation of providing such priority at the local level;CommentsClose CommentsPermalink





‘(B) 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; andCommentsClose CommentsPermalink





‘(C) performance measures, as determined by the Secretary, to determine whether veterans are receiving priority of service and are being fully served by qualified job training programs.CommentsClose CommentsPermalink





‘(2) The Secretary may not use the proportion of representation of veterans described in subparagraph (B) of paragraph (1) as the basis for determining under such paragraph whether veterans are receiving priority of service and are being fully served by qualified job training programs.’.CommentsClose CommentsPermalink

SEC. 240. EVALUATION OF INDIVIDUALS RECEIVING TRAINING AT THE NATIONAL VETERANS’ EMPLOYMENT AND TRAINING SERVICES INSTITUTE.CommentsClose CommentsPermalink

(a) In General- Section 4109 of title 38, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(d)(1) The Secretary shall require that each disabled veterans’ outreach program specialist and local veterans’ employment representative who receives training provided by the Institute, or its successor, is given a final examination to evaluate the specialist’s or representative’s performance in receiving such training.CommentsClose CommentsPermalink





‘(2) The results of such final examination shall be provided to the entity that sponsored the specialist or representative who received the training.’.CommentsClose CommentsPermalink





(b) Effective Date- Subsection (d) of section 4109 of title 38, United States Code, as added by subsection (a), shall apply with respect to training provided by the National Veterans’ Employment and Training Services Institute that begins on or after the date that is 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 241. REQUIREMENTS FOR FULL-TIME DISABLED VETERANS’ OUTREACH PROGRAM SPECIALISTS AND LOCAL VETERANS’ EMPLOYMENT REPRESENTATIVES.CommentsClose CommentsPermalink

(a) Disabled Veterans’ Outreach Program Specialists- Section 4103A of title 38, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(d) Additional Requirement for Full-time Employees- (1) A full-time disabled veterans’ outreach program specialist shall perform only duties related to meeting the employment needs of eligible veterans, as described in subsection (a), and shall not perform other non-veteran-related duties that detract from the specialist’s ability to perform the specialist’s duties related to meeting the employment needs of eligible veterans.CommentsClose CommentsPermalink





‘(2) The Secretary shall conduct regular audits to ensure compliance with paragraph (1). If, on the basis of such an audit, the Secretary determines that a State is not in compliance with paragraph (1), the Secretary may reduce the amount of a grant made to the State under section 4102A(b)(5) of this title.’.CommentsClose CommentsPermalink





(b) Local Veterans’ Employment Representatives- Section 4104 of such title is amended--CommentsClose CommentsPermalink





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





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





‘(e) Additional Requirements for Full-time Employees- (1) A full-time local veterans’ employment representative shall perform only duties related to the employment, training, and placement services under this chapter, and shall not perform other non-veteran-related duties that detract from the representative’s ability to perform the representative’s duties related to employment, training, and placement services under this chapter.CommentsClose CommentsPermalink





‘(2) The Secretary shall conduct regular audits to ensure compliance with paragraph (1). If, on the basis of such an audit, the Secretary determines that a State is not in compliance with paragraph (1), the Secretary may reduce the amount of a grant made to the State under section 4102A(b)(5) of this title.’.CommentsClose CommentsPermalink





(c) Consolidation- Section 4102A of such title is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(h) Consolidation of Disabled Veterans’ Outreach Program Specialists and Veterans’ Employment Representatives- The Secretary may allow the Governor of a State receiving funds under subsection (b)(5) to support specialists and representatives as described in such subsection to consolidate the functions of such specialists and representatives if--CommentsClose CommentsPermalink





‘(1) the Governor determines, and the Secretary concurs, that such consolidation--CommentsClose CommentsPermalink





‘(A) promotes a more efficient administration of services to veterans with a particular emphasis on services to disabled veterans; andCommentsClose CommentsPermalink





‘(B) does not hinder the provision of services to veterans and employers; andCommentsClose CommentsPermalink





‘(2) the Governor submits to the Secretary a proposal therefor at such time, in such manner, and containing such information as the Secretary may require.’.CommentsClose CommentsPermalink

Subtitle D--Improvements to Uniformed Services Employment and Reemployment RightsCommentsClose CommentsPermalink

SEC. 251. CLARIFICATION OF BENEFITS OF EMPLOYMENT COVERED UNDER USERRA.CommentsClose CommentsPermalink

Section 4303(2) of title 38, United States Code, is amended by inserting ‘the terms, conditions, or privileges of employment, including’ after ‘means’.CommentsClose CommentsPermalink

Subtitle E--Other MattersCommentsClose CommentsPermalink

SEC. 261. RETURNING HEROES AND WOUNDED WARRIORS WORK OPPORTUNITY TAX CREDITS.CommentsClose CommentsPermalink

(a) In General- Paragraph (3) of section 51(b) of the Internal Revenue Code of 1986 is amended by striking ‘($12,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii))’ and inserting ‘($12,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(I), $14,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(iv), and $24,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(II))’.CommentsClose CommentsPermalink





(b) Returning Heroes Tax Credits- Subparagraph (A) of section 51(d)(3) of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink





(1) by striking ‘or’ at the end of clause (i),CommentsClose CommentsPermalink





(2) by striking the period at the end of clause (ii)(II), andCommentsClose CommentsPermalink





(3) by adding at the end the following new clauses:CommentsClose CommentsPermalink





‘(iii) having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 4 weeks (but less than 6 months), orCommentsClose CommentsPermalink





‘(iv) having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 6 months.’.CommentsClose CommentsPermalink





(c) Simplified Certification- Paragraph (13) of section 51(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(D) CREDIT FOR UNEMPLOYED VETERANS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Notwithstanding subparagraph (A), for purposes of paragraph (3)(A)--CommentsClose CommentsPermalink





‘(I) a veteran will be treated as certified by the designated local agency as having aggregate periods of unemployment meeting the requirements of clause (ii)(II) or (iv) of such paragraph (whichever is applicable) if such veteran is certified by such agency as being in receipt of unemployment compensation under State or Federal law for not less than 6 months during the 1-year period ending on the hiring date, andCommentsClose CommentsPermalink





‘(II) a veteran will be treated as certified by the designated local agency as having aggregate periods of unemployment meeting the requirements of clause (iii) of such paragraph if such veteran is certified by such agency as being in receipt of unemployment compensation under State or Federal law for not less than 4 weeks (but less than 6 months) during the 1-year period ending on the hiring date.CommentsClose CommentsPermalink





‘(ii) REGULATORY AUTHORITY- The Secretary may provide alternative methods for certification of a veteran as a qualified veteran described in clause (ii)(II), (iii), or (iv) of paragraph (3)(A), at the Secretary’s discretion.’.CommentsClose CommentsPermalink





(d) Extension of Credit- Subparagraph (B) of section 51(c)(4) of the Internal Revenue Code of 1986 is amended to read as follows:CommentsClose CommentsPermalink





‘(B) after--CommentsClose CommentsPermalink





‘(i) December 31, 2012, in the case of a qualified veteran, andCommentsClose CommentsPermalink





‘(ii) December 31, 2011, in the case of any other individual.’.CommentsClose CommentsPermalink





(e) Credit Made Available to Tax-exempt Organizations in Certain Circumstances-CommentsClose CommentsPermalink





(1) IN GENERAL- Subsection (c) of section 52 of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink





(A) by inserting ‘(1) IN GENERAL- ’ before ‘No credit’, andCommentsClose CommentsPermalink





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





‘(2) Credit Made Available to Qualified Tax-exempt Organizations Employing Qualified Veterans- For credit against payroll taxes for employment of qualified veterans by qualified tax-exempt organizations, see section 3111(e).’.CommentsClose CommentsPermalink





(2) CREDIT ALLOWABLE- Section 3111 of such Code is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(e) Credit for Employment of Qualified Veterans-CommentsClose CommentsPermalink





‘(1) IN GENERAL- If a qualified tax-exempt organization hires a qualified veteran with respect to whom a credit would be allowable under section 38 by reason of section 51 if the organization were not a qualified tax-exempt organization, then there shall be allowed as a credit against the tax imposed by subsection (a) on wages paid with respect to employment of all employees of the organization during the applicable period an amount equal to the credit determined under section 51 (after application of the modifications under paragraph (3)) with respect to wages paid to such qualified veteran during such period.CommentsClose CommentsPermalink





‘(2) OVERALL LIMITATION- The aggregate amount allowed as a credit under this subsection for all qualified veterans for any period with respect to which tax is imposed under subsection (a) shall not exceed the amount of the tax imposed by subsection (a) on wages paid with respect to employment of all employees of the organization during such period.CommentsClose CommentsPermalink





‘(3) MODIFICATIONS- For purposes of paragraph (1), section 51 shall be applied--CommentsClose CommentsPermalink





‘(A) by substituting ‘26 percent’ for ‘40 percent’ in subsection (a) thereof,CommentsClose CommentsPermalink





‘(B) by substituting ‘16.25 percent’ for ‘25 percent’ in subsection (i)(3)(A) thereof, andCommentsClose CommentsPermalink





‘(C) by only taking into account wages paid to a qualified veteran for services in furtherance of the activities related to the purpose or function constituting the basis of the organization’s exemption under section 501.CommentsClose CommentsPermalink





‘(4) APPLICABLE PERIOD- The term ‘applicable period’ means, with respect to any qualified veteran, the 1-year period beginning with the day such qualified veteran begins work for the organization.CommentsClose CommentsPermalink





‘(5) DEFINITIONS- For purposes of this subsection--CommentsClose CommentsPermalink





‘(A) the term ‘qualified tax-exempt organization’ means an employer that is an organization described in section 501(c) and exempt from taxation under section 501(a), andCommentsClose CommentsPermalink





‘(B) the term ‘qualified veteran’ has meaning given such term by section 51(d)(3).’.CommentsClose CommentsPermalink





(3) TRANSFERS TO FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND- There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by paragraphs (1) and (2). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted.CommentsClose CommentsPermalink





(f) Treatment of Possessions-CommentsClose CommentsPermalink





(1) PAYMENTS TO POSSESSIONS-CommentsClose CommentsPermalink





(A) MIRROR CODE POSSESSIONS- The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States.CommentsClose CommentsPermalink





(B) OTHER POSSESSIONS- The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this section.CommentsClose CommentsPermalink





(2) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED STATES INCOME TAXES- The credit allowed against United States income taxes for any taxable year under the amendments made by this section to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in paragraph (1)(B)) allowed to such person against income taxes imposed by the possession of the United States by reason of this subsection with respect to such qualified veteran for such taxable year.CommentsClose CommentsPermalink





(3) DEFINITIONS AND SPECIAL RULES-CommentsClose CommentsPermalink





(A) POSSESSION OF THE UNITED STATES- For purposes of this subsection, the term ‘possession of the United States’ includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands.CommentsClose CommentsPermalink





(B) MIRROR CODE TAX SYSTEM- For purposes of this subsection, the term ‘mirror code tax system’ means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.CommentsClose CommentsPermalink





(C) TREATMENT OF PAYMENTS- For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from credit provisions described in such section.CommentsClose CommentsPermalink





(g) Effective Date- The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 262. EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES.CommentsClose CommentsPermalink

Section 5503(d)(7) of title 38, United States Code, is amended by striking ‘May 31, 2015’ and inserting ‘September 30, 2016’.CommentsClose CommentsPermalink

SEC. 263. REIMBURSEMENT RATE FOR AMBULANCE SERVICES.CommentsClose CommentsPermalink

Section 111(b)(3) of title 38, United States Code, is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(C) In the case of transportation of a person under subparagraph (B) by ambulance, the Secretary may pay the provider of the transportation the lesser of the actual charge for the transportation or the amount determined by the fee schedule established under section 1834(l) of the Social Security Act (42 U.S.C. 1395(l)) unless the Secretary has entered into a contract for that transportation with the provider.’.CommentsClose CommentsPermalink

SEC. 264. EXTENSION OF AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO OBTAIN INFORMATION FROM SECRETARY OF TREASURY AND COMMISSIONER OF SOCIAL SECURITY FOR INCOME VERIFICATION PURPOSES.CommentsClose CommentsPermalink

Section 5317(g) of title 38, United States Code, is amended by striking ‘September 30, 2011’ and inserting ‘September 30, 2016’.CommentsClose CommentsPermalink

SEC. 265. MODIFICATION OF LOAN GUARANTY FEE FOR CERTAIN SUBSEQUENT LOANS.CommentsClose CommentsPermalink

(a) In General- Section 3729(b)(2) of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A)--CommentsClose CommentsPermalink





(A) in clause (iii), by striking ‘November 18, 2011’ and inserting ‘October 1, 2016’; andCommentsClose CommentsPermalink





(B) in clause (iv), by striking ‘November 18, 2011’ and inserting ‘October 1, 2016’;CommentsClose CommentsPermalink





(2) in subparagraph (B)--CommentsClose CommentsPermalink





(A) in clause (i), by striking ‘November 18, 2011’ and inserting ‘October 1, 2016’;CommentsClose CommentsPermalink





(B) by striking clauses (ii) and (iii);CommentsClose CommentsPermalink





(C) by redesignating clause (iv) as clause (ii); andCommentsClose CommentsPermalink





(D) in clause (ii), as redesignated by subparagraph (C), by striking ‘October 1, 2013’ and inserting ‘October 1, 2016’;CommentsClose CommentsPermalink





(3) in subparagraph (C)--CommentsClose CommentsPermalink





(A) in clause (i), by striking ‘November 18, 2011’ and inserting ‘October 1, 2016’; andCommentsClose CommentsPermalink





(B) in clause (ii), by striking ‘November 18, 2011’ and inserting ‘October 1, 2016’; andCommentsClose CommentsPermalink





(4) in subparagraph (D)--CommentsClose CommentsPermalink





(A) in clause (i), by striking ‘November 18, 2011’ and inserting ‘October 1, 2016’; andCommentsClose CommentsPermalink





(B) in clause (ii), by striking ‘November 18, 2011’ and inserting ‘October 1, 2016’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (a) shall take effect on the later of--CommentsClose CommentsPermalink





(1) November 18, 2011; orCommentsClose CommentsPermalink





(2) the date of the enactment of this Act.CommentsClose CommentsPermalink

TITLE III--OTHER PROVISIONS RELATING TO FEDERAL VENDORSCommentsClose CommentsPermalink

SEC. 301. ONE HUNDRED PERCENT LEVY FOR PAYMENTS TO FEDERAL VENDORS RELATING TO PROPERTY.CommentsClose CommentsPermalink

(a) In General- Section 6331(h)(3) of the Internal Revenue Code of 1986 is amended by striking ‘goods or services’ and inserting ‘property, goods, or services’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to levies issued after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 302. STUDY AND REPORT ON REDUCING THE AMOUNT OF THE TAX GAP OWED BY FEDERAL CONTRACTORS.CommentsClose CommentsPermalink

(a) Study-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of the Treasury, or the Secretary’s delegate, in consultation with the Director of the Office of Management and Budget and the heads of such other Federal agencies as the Secretary determines appropriate, shall conduct a study on ways to reduce the amount of Federal tax owed but not paid by persons submitting bids or proposals for the procurement of property or services by the Federal government.CommentsClose CommentsPermalink





(2) MATTERS STUDIED- The study conducted under paragraph (1) shall include the following matters:CommentsClose CommentsPermalink





(A) An estimate of the amount of delinquent taxes owed by Federal contractors.CommentsClose CommentsPermalink





(B) The extent to which the requirement that persons submitting bids or proposals certify whether such persons have delinquent tax debts has--CommentsClose CommentsPermalink





(i) improved tax compliance; andCommentsClose CommentsPermalink





(ii) been a factor in Federal agency decisions not to enter into or renew contracts with such contractors.CommentsClose CommentsPermalink





(C) In cases in which Federal agencies continue to contract with persons who report having delinquent tax debt, the factors taken into consideration in awarding such contracts.CommentsClose CommentsPermalink





(D) The degree of the success of the Federal lien and levy system in recouping delinquent Federal taxes from Federal contractors.CommentsClose CommentsPermalink





(E) The number of persons who have been suspended or debarred because of a delinquent tax debt over the past 3 years.CommentsClose CommentsPermalink





(F) An estimate of the extent to which the subcontractors under Federal contracts have delinquent tax debt.CommentsClose CommentsPermalink





(G) The Federal agencies which have most frequently awarded contracts to persons notwithstanding any certification by such person that the person has delinquent tax debt.CommentsClose CommentsPermalink





(H) Recommendations on ways to better identify Federal contractors with delinquent tax debts.CommentsClose CommentsPermalink





(b) Report- Not later than 12 months after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Government Affairs of the Senate, a report on the study conducted under subsection (a), together with any legislative recommendations.CommentsClose CommentsPermalink

TITLE IV--MODIFICATION OF CALCULATION OF MODIFIED ADJUSTED GROSS INCOME FOR DETERMINING CERTAIN HEALTHCARE PROGRAM ELIGIBILITYCommentsClose CommentsPermalink

SEC. 401. MODIFICATION OF CALCULATION OF MODIFIED ADJUSTED GROSS INCOME FOR DETERMINING CERTAIN HEALTHCARE PROGRAM ELIGIBILITY.CommentsClose CommentsPermalink

(a) In General- Subparagraph (B) of section 36B(d)(2) of the Internal Revenue Code of 1986 is amended by striking ‘and’ at the end of clause (i), by striking the period at the end of clause (ii) and inserting ‘, and’, and by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(iii) an amount equal to the portion of the taxpayer’s social security benefits (as defined in section 86(d)) which is not included in gross income under section 86 for the taxable year.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink





(c) No Impact on Social Security Trust Funds-CommentsClose CommentsPermalink





(1) ESTIMATE OF SECRETARY- The Secretary of the Treasury, or the Secretary’s delegate, shall annually estimate the impact that the amendments made by subsection (a) have on the income and balances of the trust funds established under section 201 of the Social Security Act (42 U.S.C. 401).CommentsClose CommentsPermalink





(2) TRANSFER OF FUNDS- If, under paragraph (1), the Secretary of the Treasury or the Secretary’s delegate estimates that such amendments have a negative impact on the income and balances of such trust funds, the Secretary shall transfer, not less frequently than quarterly, from the general fund an amount sufficient so as to ensure that the income and balances of such trust funds are not reduced as a result of such amendments.CommentsClose CommentsPermalink

TITLE V--BUDGETARY EFFECTSCommentsClose CommentsPermalink

SEC. 501. STATUTORY PAY-AS-YOU-GO ACT OF 2010.CommentsClose CommentsPermalink

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.CommentsClose CommentsPermalink

Attest:

Secretary.

112th CONGRESS

1st Session

H.R. 674

AMENDMENT

Speaker of the House of Representatives. CommentsClose CommentsPermalink