[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3398 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3398

     To amend the Internal Revenue Code of 1986 to extend the work 
      opportunity credit to certain recently discharged veterans.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2010

  Mr. Baucus (for himself and Mr. Grassley) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
     To amend the Internal Revenue Code of 1986 to extend the work 
      opportunity credit to certain recently discharged veterans.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veteran Employment Transition Act of 
2010''.

SEC. 2. WORK OPPORTUNITY CREDIT FOR CERTAIN RECENTLY DISCHARGED 
              VETERANS.

    (a) In General.--Subparagraph (A) of section 51(d)(3) of the 
Internal Revenue Code of 1986 is amended by striking ``means any 
veteran'' and all that follows and inserting ``means any recently 
discharged veteran and any disadvantaged veteran.''
    (b) Recently Discharged Veteran; Disadvantaged Veteran.--Paragraph 
(3) of section 51(d) of the Internal Revenue Code of 1986 is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (D) and (E), respectively, and
            (2) by inserting after subparagraph (A) the following new 
        subparagraphs:
                    ``(B) Recently discharged veteran.--For purposes of 
                subparagraph (A), the term `recently discharged 
                veteran' means--
                            ``(i) any individual who has served on 
                        active duty (other than active duty for 
                        training) in the Armed Forces of the United 
                        States for more than 180 total days (whether 
                        consecutive or not),
                            ``(ii) any individual who has been 
                        discharged or released from active duty in the 
                        Armed Forces of the United States for a 
                        service-connected disability, and
                            ``(iii) any member of the National Guard 
                        who has served for more than 180 total days 
                        (whether consecutive or not) of--
                                    ``(I) active duty (within the 
                                meaning of title 32, United States 
                                Code) other than for training,
                                    ``(II) full-time National Guard 
                                duty (within the meaning of such title 
                                32) other than for training,
                                    ``(III) duty, other than inactive 
                                duty or duty for training, in State 
                                status (within the meaning of such 
                                title 32), or
                                    ``(IV) any combination of duty 
                                described in subclause (I), (II), or 
                                (III),
                who has been discharged or released from such duty at 
                any time during the 5-year period ending on the hiring 
                date. Such term shall not include any unemployed 
                veteran who begins work for the employer before the 
                date of the enactment of the Veteran Employment 
                Transition Act of 2010.
                    ``(C) Disadvantaged veteran.--For purposes of 
                subparagraph (A), the term `disadvantaged veteran' 
                means any veteran who is certified by the designated 
                local agency as--
                            ``(i) being a member of a family receiving 
                        assistance under a supplemental nutrition 
                        assistance program under the Food and Nutrition 
                        Act of 2008 for at least a 3-month period 
                        ending during the 12-month period ending on the 
                        hiring date, or
                            ``(ii) entitled to compensation for a 
                        service-connected disability, and--
                                    ``(I) having a hiring date which is 
                                not more than 1 year after having been 
                                discharged or released from active duty 
                                in the Armed Forces of the United 
                                States, or
                                    ``(II) having aggregate periods of 
                                unemployment during the 1-year period 
                                ending on the hiring date which equal 
                                or exceed 6 months.''.
    (c) Conforming Amendments.--Section 51 of the Internal Revenue Code 
of 1986 is amended--
            (1) by striking ``(d)(3)(A)(ii)'' in paragraph (3) of 
        subsection (b) and inserting ``(d)(3)(C)(ii)'',
            (2) by striking ``For purposes of subparagraph (A)'' each 
        place it appears in subparagraphs (D) and (E) of subsection 
        (d)(3), as redesignated by subsection (b), and inserting ``For 
        purposes of subparagraph (C)'',
            (3) by adding at the end of paragraph (13) of subsection 
        (d) the following new subparagraph:
                    ``(D) Pre-screening of recently discharged 
                veterans.--
                            ``(i) In general.--For purposes of 
                        subparagraph (A), the term `pre-screening 
                        notice' shall include any documentation 
                        provided to an individual by the Department of 
                        Defense or the National Guard upon release or 
                        discharge from the Armed Forces or from service 
                        in the National Guard which includes 
                        information sufficient to establish that such 
                        individual is a recently discharged veteran.
                            ``(ii) Additional certification not 
                        required.--Subparagraph (A) shall be applied 
                        without regard to clause (ii)(II) thereof in 
                        the case of a recently discharged veteran who 
                        provides to the employer documentation 
                        described in clause (i).'',
            (4) by inserting ``who begins work for the employer after 
        December 31, 2008, and before the date of the enactment of the 
        Veteran Employment Transition Act of 2010,'' after ``Any 
        unemployed veteran'' in subparagraph (A) of subsection (d)(14), 
        and
            (5) by inserting a comma after ``during 2009 or 2010'' in 
        subparagraph (A) of subsection (d)(14).
    (d) Effective Date.--The amendments made by subsections (a), (b), 
and (c) shall apply to individuals whose hiring date (as defined in 
section 51(d)(11) of the Internal Revenue Code of 1986) is on or after 
the date of the enactment of this Act.
    (e) Department of Defense Documentation.--
            (1) In general.--The Department of Defense and the National 
        Guard, as applicable, shall provide--
                    (A) to each individual who is discharged or 
                released from active duty in the Armed Forces of the 
                United States on or after the date of the enactment of 
                this Act; and
                    (B) to each member of the National Guard who is 
                released from duty described in section 
                51(d)(3)(B)(iii) of the Internal Revenue Code of 1986 
                (as added by this Act) on or after the date of the 
                enactment of this Act;
        in addition to the documentation which, without regard to this 
        subsection, is provided at the time of such discharge or 
        release, documentation described in paragraph (4). If the 
        documentation which is provided without regard to this 
        subsection at the time of the discharge or release described in 
        the preceding sentence does not include information sufficient 
        to satisfy the requirements of section 51(d)(13)(D)(i) of the 
        Internal Revenue Code of 1986 (as added by this Act), the 
        Department of Defense or the National Guard, whichever is 
        applicable, shall provide additional documentation which 
        includes such information.
            (2) Informational briefing.--In the case of an individual 
        who is discharged or released from duty described in 
        subparagraph (A) or (B) of paragraph (1) after the date of the 
        enactment of this Act, the Department of Defense or the 
        National Guard, whichever is applicable, shall provide a 
        briefing to such individual before or at the time of such 
        discharge or release to inform such individual of the credit 
        for employment of recently discharged veterans under section 51 
        of the Internal Revenue Code of 1986.
            (3) Request for documentation.--The Department of Defense 
        or the National Guard, whichever is applicable, shall provide 
        upon request the documentation described in paragraph (1) to 
        any individual who is discharged or released from duty 
        described in subparagraph (A) or (B) of paragraph (1) during 
        the 5-year period preceding and including the date of the 
        enactment of this Act.
            (4) Instructions for use of work opportunity credit.--The 
        documentation described in this paragraph is a document which 
        includes--
                    (A) instructions for an individual to ensure 
                treatment as a recently discharged veteran for purposes 
                of section 51(d)(3)(B) of the Internal Revenue Code of 
                1986 (as added by this Act),
                    (B) instructions for employers detailing the use of 
                the credit under such section 51 with respect to such 
                individual, and
                    (C) the dates during which the credit under such 
                section 51 is available.
        Such instructions shall be developed in collaboration with the 
        Internal Revenue Service.
                                 <all>