[Congressional Record Volume 157, Number 172 (Thursday, November 10, 2011)]
[Senate]
[Pages S7328-S7336]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         EPA DEADLINE EXTENSION

  Mr. MANCHIN. Mr. President, I rise today to speak about a very real 
problem, making sure that we do everything we can to protect jobs, 
safeguard our environment, and make sure utility companies can provide 
reliable and affordable electricity from our domestic resources. There 
are two EPA rules that are at the heart of this issue. One is the 
utility MACT rule, which would require a decrease in mercury emissions 
at powerplants, and the cross-State air pollution rule, which would 
require powerplants to lower emissions of pollutants that may reduce 
air quality in neighboring States.
  Some utilities have already complied with these rules. Many have not. 
You can put the blame for the past sins on anybody and everybody, and 
we seem to do it well here from time to time. This is not what we are 
here for today.
  My good colleague and my friend from Indiana will be speaking after 
me. This is truly a bipartisan effort trying to bring reasonability and 
common sense to this subject. But we have proven here in this body time 
and again that you truly cannot fix it if you blame people for it. What 
we intend to do with our legislation is truly fix the problem.
  Let me be clear. I believe both of these rules aim to accomplish 
important objectives. But as they are written, they are nearly 
impossible to realize. If we do not extend the deadline for utilities 
to responsibly comply, we are going to lose the jobs and the 
reliability of the electricity we depend upon, and that hike of rates 
to consumers will be unimaginable. So we need to find a balance with 
our economy and the environment. That is why I am proud to stand today 
with my friend Senator Coats, a Republican from Indiana, to offer a 
commonsense solution to this problem, and to move forward with 
responsible, reasonable legislation that would get plants in 
compliance.
  We are offering a bill today which is called the Fair Compliance Act 
of 2011, which has broad support from labor and industry and across the 
aisle. It is rare for so many groups with different points of view to 
come together behind a bill, but let me give you a list of some of our 
supporters: the Building and Construction Trades, the International 
Brotherhood of Boilermakers, International Brotherhood of Electrical 
Workers, United Mine Workers of America, AES, American Electric Power, 
Enerfab, the Electric Reliability Coordinating Council, to name a few.
  I believe this bill provides a reasonable, responsible extension of 
the deadlines, while also protecting our most important priority, our 
environment and our responsibility to the environment, the reliability 
of our electric grid, the consumers who have to buy energy and can only 
afford to pay a reasonable price, using our own domestic resources so 
that we depend less on foreign energy and, most importantly, the 
thousands of jobs that are on the line.
  I yield the floor for my friend from Indiana.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. COATS. Mr. President, I thank my colleague from West Virginia, 
Senator Manchin, for joining with me to produce a bipartisan, 
commonsense solution that is supported by both industry and labor, a 
piece of legislation that will ensure that the provision established 
through the Clean Air Act relative to the emissions of sulfur dioxide, 
nitrous oxide, mercury, and other emissions will not be reduced and 
eliminated.
  We do nothing to stop the progress that has been made over many years 
in regard to cleaning up our air. We should be proud as Americans that 
we have taken the steps necessary to produce a cleaner environment, to 
eliminate toxic pollutants in the air. Over $100 billion has been spent 
by industry to retrofit their energy-producing plants with equipment 
that reduces and eliminates these pollutants. So we are not here today 
to advocate in favor of pumping more toxins into the air. We are here 
today to say we need a reasonable provision in place that would allow 
these industries to continue to spend the billions of dollars they are 
spending and do it in a timely manner so that we can reach the goal 
established through the Clean Air Act and other regulations.
  But I think this current regulation we had a vote on--the Paul 
resolution--less than an hour ago, which came close to passing, now 
sets the stage for this particular provision, which the Senator from 
West Virginia, Joe Manchin, and I have cosponsored.
  The Fair Compliance Act simply says that we want to continue to meet 
those standards, but we need to do it in a time-sensitive way so that 
industry can comply with the necessary procedures to arrange the plans, 
hire the contractors, and install the equipment. The timeline proposed 
by the EPA is

[[Page S7329]]

simply unattainable, unreasonable, and punitive. It costs jobs and 
money. Furthermore, it negatively impacts these necessary energy-
producing facilities in the United States that are critical to our 
economy and employment. What we need now is an extension of 2 years on 
one of the provisions and 3 years on the other so that companies can 
address these rules together.
  For those who have indicated on the floor in previous debate that we 
are undermining and undercutting regulations from going forward to 
reduce contaminants in the air, that is absolutely incorrect. We are 
ensuring that these will take place in a reasonable way that won't cost 
us jobs and further harm our economy.
  Just to repeat something and to ask my colleague from West Virginia, 
my understanding is that this has significant labor and industry 
support. My colleague has outlined a number of industries and a number 
of labor unions that have supported this.
  I know there is some concern that the utilities have avoided these 
rules in the past--that has been alleged--although they have spent over 
$100 billion in compliance. And some say this is just another delaying 
tactic. I ask my colleague, what would he say to people who object to 
this legislation on those grounds?
  Mr. MANCHIN. Mr. President, let me say to the Senator that that 
question has been out there, and the naysayers are saying we should not 
delay it longer or extend it any more. This has gone through a real 
storied past, if you will. It had been repealed by previous 
administrations, it had gone through a court system and was overturned, 
and we are back where we are.
  They are going to say: Well, some of them have complied and some 
haven't. There is ample time.
  We can sit here--and we have talked and we have watched, in the last 
year, the blame game. That doesn't work. We haven't fixed a thing in 
this body this year by blaming the other side or blaming a previous 
administration or some other partisan group. We have a chance, with 
what the Senator and I have teamed up on, to fix this.
  The only thing I would say, which the Senator eloquently laid out, is 
that a 2-year extension on one to comply, not just to extend and 
forgive--we are not asking to reduce in any way possible or to amend 
the Clean Air Act. We want it in force, and we want to do it with the 
energy we have used for the last century--it is domestic, and it is a 
fossil fuel. We have cleaned up the air in West Virginia by putting 
scrubbers and SCRs on boilers to the tune of 89 percent within the last 
two decades. We can do a lot more.
  What we are allowing now is to bring plants into compliance without 
shocking the system. The shock is this: The cost, if I may quote this--
even by EPA's own estimate, they peg the cost--if this rule is not 
extended so that we can comply, it will cost $2.4 billion. Who do you 
think will pay that? It will be your consumers, your constituents, and, 
most importantly, people who cannot afford it. It is putting a burden 
on, it is challenging jobs that rely on reliable, dependable, and 
affordable energy so that they can compete globally. It is knocking us 
out of the market to compete. Why would we shoot ourselves in the foot 
economically?
  We can work within the Clean Air Act and comply with it, and it 
doesn't make any of these rules less stringent. We are not saying relax 
it. We are just saying: Let us comply. Don't blame what happened in the 
past. Let's fix what is before us right now.
  That is what I would say to my good friend.
  If I may, I will ask my good friend a question. What has he heard 
from the utilities in Indiana about the EPA's current timeline? What 
have they told the Senator?
  Mr. COATS. I thank my friend for asking me that question, and I thank 
him so much for his answer to the previous question. I have visited 
those utilities. Let me mention one.
  Tanners Creek is down along the Ohio River. It is a facility that 
will have to retire many units under this proposal, at the cost of more 
than 60 jobs. These types of closures may result in increased energy 
costs for consumers and the loss of electricity that will flow into the 
grid, potentially causing blackouts or interruptions in electric 
supply.
  They are good citizens. They have plans to deal with their plants, to 
comply with these regulations. But they need more time to do it. They 
have also said: If we have to do this immediately, with all the plants 
all across the country, there is a shortage of equipment and 
contractors that are able to manufacture this type of equipment 
necessary and install it. That will drive up costs.

  As the Senator from West Virginia has said, all of this is borne on 
the backs of the taxpayers, those who receive utility bills, whether 
for residences or companies that receive bills that are producing in 
the Midwest. The Senator's State and my State--we make big stuff, such 
as cars, locomotives, airplanes, major airplane parts, and big 
machines--things at the industrial heart of America. So it takes a lot 
of energy to produce the kinds of products that are made in our States.
  To have a sudden spike in utility costs at a time when our economy is 
struggling is the worst thing we could do in this economy. While this 
amendment is not designed to specifically address that issue, it 
certainly helps us as we work our way through the downturn in the 
economy that has kept people out of work and kept our economy from 
growing as it should.
  This is just another blow to the manufacturing industry in the 
Midwest, particularly in terms of hiring and in terms of being 
competitive and making a product. So the industries have come forward 
and said: We will comply, and we have complied--$100 billion-plus in 
compliance, which is a record to date. It will be continued as we go 
forward. We are simply asking for a sensible timeframe in which to do 
this.
  In conclusion--and then I will turn it back to my friend--to my 
colleagues, I simply say that the allegation that this undermines what 
we are trying to do relative to providing clean air for American 
citizens to breathe is exaggerated and not true. Our bill requires 
compliance with the Clean Air Act, and it does not take away any 
regulation relative to these emissions that are poured into the air out 
of our utilities.
  It is a bipartisan bill. This is not something that divides us on a 
partisan basis. It has industry support and labor support. It ensures 
full compliance with the Clean Air Act and reduction levels through 
regulations. It ensures that we won't have energy disruptions and 
blackouts and grid problems. It keeps jobs, and it spreads out the 
costs so that utility payers aren't hit with the shock of an increase 
in their bills. And the time to do it is set in a way that it will be 
accomplished within a more reasonable period of time. It synchronizes 
the two rules on reductions of emissions, the sulfur and nitrous oxide, 
as well as mercury and other toxins, so utilities can make the 
necessary changes at the same time.
  We urge our colleagues to look at the details of the bill and study 
this. I see no reason why those who are concerned just about the 
environment and those who might be concerned just about the production 
capacity can't come together in a compromise and achieve the ends they 
both want to meet.
  With that, I yield the floor and turn it back to my colleague. I 
thank him for his work in this process. We have been working together 
to do this in a way that both sides can support.
  Mr. MANCHIN. I thank my good friend, the Senator from Indiana, Mr. 
Coats, for his diligence in working on this issue. In the greatest 
Nation on Earth, not to have an energy policy is wrong. It is also 
wrong to be so insecure--or less secure, if you will--by depending on 
foreign oil as we have. We know the results we are faced with now.
  We are saying: Let us comply and make sure we are working in harmony 
with the environment and the economy. We can make that happen within a 
reasonable amount of time. That is all we have asked for. We are not 
asking to make the rules less stringent or to forget about them and 
throw caution to the wind. We know jobs and the economy are at stake. 
We know that, basically, the security of the Nation is at stake. But 
until we find a fuel of the future, we need to use what we have right 
here in America. Coal has supplied energy for a hundred years and will 
do so until we find a fuel that will replace it that is dependable, 
reliable,

[[Page S7330]]

and affordable. So what we are asking for is something that is 
reasonable, and we are not blaming anything.


                     AMENDMENT NO. 927, AS MODIFIED

  Mr. MANCHIN. Mr. President, I ask unanimous consent that the Reid for 
Tester amendment No. 927 be modified with the changes at the desk.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendment (No. 927), as modified, is as follows:

       Strike title II and insert the following:

                      TITLE II--VOW TO HIRE HEROES

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``VOW to Hire Heroes Act of 
     2011''.

                    Subtitle A--Retraining Veterans

     SEC. 211. VETERANS RETRAINING ASSISTANCE PROGRAM.

       (a) Program Authorized.--
       (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.
       (2) Number of eligible veterans.--The number of unique 
     eligible veterans who participate in the program established 
     under paragraph (1) may not exceed--
       (A) 45,000 during fiscal year 2012; and
       (B) 54,000 during the period beginning October 1, 2012, and 
     ending March 31, 2014.
       (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--
       (1) is approved under chapter 36 of such title;
       (2) is offered by a community college or technical school;
       (3) leads to an associate degree or a certificate (or other 
     similar evidence of the completion of the program of 
     education or training);
       (4) is designed to provide training for a high-demand 
     occupation, as determined by the Commissioner of Labor 
     Statistics; and
       (5) begins on or after July 1, 2012.
       (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.
       (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.
       (e) Eligibility.--
       (1) In general.--For purposes of this section, an eligible 
     veteran is a veteran who--
       (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;
       (B) was last discharged from active duty service in the 
     Armed Forces under conditions other than dishonorable;
       (C) as of the date of the submittal of the application for 
     assistance under this section, is unemployed;
       (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;
       (E) is not in receipt of compensation for a service-
     connected disability rated totally disabling by reason of 
     unemployability;
       (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; and
       (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.
       (2) Determination of eligibility.--
       (A) Determination by secretary of labor.--
       (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).
       (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).
       (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.
       (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.
       (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.
       (h) Joint Agreement.--
       (1) In general.--The Secretary of Veterans Affairs and the 
     Secretary of Labor shall enter into an agreement to carry out 
     this section.
       (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).
       (i) Report.--
       (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.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The total number of--
       (i) eligible veterans who participated; and
       (ii) associates degrees or certificates awarded (or other 
     similar evidence of the completion of the program of 
     education or training earned).
       (B) Data related to the employment status of eligible 
     veterans who participated.
       (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).
       (k) Termination of Authority.--The authority to make 
     payments under this section shall terminate on March 31, 
     2014.
       (l) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Veterans' Affairs and the Committee on 
     Health, Education, Labor, and Pension of the Senate; and
       (2) the Committee on Veterans' Affairs and the Committee on 
     Education and the Workforce of the House of Representatives.

        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.

       (a) In General.--Subsection (c) of section 1144 of title 
     10, United States Code, is amended to read as follows:
       ``(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.
       ``(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--
       ``(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; and
       ``(B) individual members possessing specialized skills who, 
     due to unavoidable circumstances, are needed to support a 
     unit's imminent deployment.''.
       (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''.
       (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.

     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.

       (a) Study on Equivalence Required.--
       (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

[[Page S7331]]

     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.
       (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.
       (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.
       (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.
       (5) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Veterans' Affairs, the Committee on 
     Armed Services, and the Committee on Health, Education, 
     Labor, and Pension of the Senate; and
       (B) the Committee on Veterans' Affairs, the Committee on 
     Armed Services, and the Committee on Education and the 
     Workforce of the House of Representatives.
       (b) Publication.--The secretaries described in subsection 
     (a)(1) shall ensure that the equivalences identified under 
     subsection (a)(1) are--
       (1) made publicly available on an Internet website; and
       (2) regularly updated to reflect the most recent findings 
     of the secretaries with respect to such equivalences.
       (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.
       (d) Further Use in Employment-related Transition 
     Assistance.--
       (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.
       (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.
       (e) Effective Date.--This section shall take effect on the 
     date that is one year after the date of the enactment of this 
     Act.

     SEC. 223. TRANSITION ASSISTANCE PROGRAM CONTRACTING.

       (a) Transition Assistance Program Contracting.--
       (1) In general.--Section 4113 of title 38, United States 
     Code, is amended to read as follows:

     ``Sec. 4113. Transition Assistance Program personnel

       ``(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.
       ``(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:
       ``(1) Counseling.
       ``(2) Assistance in identifying employment and training 
     opportunities and help in obtaining such employment and 
     training.
       ``(3) Assessment of academic preparation for enrollment in 
     an institution of higher learning or occupational training.
       ``(4) Other related information and services under such 
     section.
       ``(5) Such other services as the Secretary considers 
     appropriate.''.
       (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:

``4113. Transition Assistance Program personnel.''.

       (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.

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

       Section 1144(d) of title 10, United States Code, is 
     amended--
       (1) in paragraph (5), by striking ``public or private 
     entities; and'' and inserting ``public entities;'';
       (2) by redesignating paragraph (6) as paragraph (7); and
       (3) by inserting after paragraph (5), the following new 
     paragraph (6):
       ``(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--
       ``(A) private sector culture, resume writing, career 
     networking, and training on job search technologies;
       ``(B) academic readiness and educational opportunities; or
       ``(C) other relevant topics; and''.

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

       Section 1144 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(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.''.

     SEC. 226. 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 
     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.

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.

       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''.

     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.

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

     SEC. 233. 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.--
       (1) In general.--Section 3102 of title 38, United States 
     Code, is amended--
       (A) in the matter before paragraph (1), by striking ``A 
     person'' and inserting the following:
       ``(a) In General.--A person''; and
       (B) by adding at the end the following new paragraph:
       ``(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--
       ``(A) the person is described by paragraph (1) or (2) of 
     subsection (a); and
       ``(B) the person--
       ``(i) has exhausted all rights to regular compensation 
     under the State law or under Federal law with respect to a 
     benefit year;
       ``(ii) has no rights to regular compensation with respect 
     to a week under such State or Federal law; and
       ``(iii) is not receiving compensation with respect to such 
     week under the unemployment compensation law of Canada; and
       ``(C) begins such additional rehabilitation program within 
     six months of the date of such exhaustion.

[[Page S7332]]

       ``(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--
       ``(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; or
       ``(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.
       ``(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).
       ``(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.''.
       (2) Duration of additional rehabilitation program.--Section 
     3105(b) of such title is amended--
       (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),''; and
       (B) by adding at the end the following new paragraph:
       ``(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.''.
       (b) Extension of Period of Eligibility.--Section 3103 of 
     such title is amended--
       (1) in subsection (a), by striking ``in subsection (b), 
     (c), or (d)'' and inserting ``in subsection (b), (c), (d), or 
     (e)'';
       (2) by redesignating subsection (e) as subsection (f); and
       (3) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e)(1) The limitation in subsection (a) shall not apply 
     to a rehabilitation program described in paragraph (2).
       ``(2) A rehabilitation program described in this paragraph 
     is a rehabilitation program pursued by a veteran under 
     section 3102(b) of this title.''.
       (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.
       (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--
       (1) conduct a review of the training and rehabilitation 
     under chapter 31 of title 38, United States Code; and
       (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.

     SEC. 234. 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:

     ``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 three organizations, for 
     periods of two years.
       ``(b) Collaboration and Facilitation.--The Secretary shall 
     ensure that the recipients of the grants--
       ``(1) collaborate with--
       ``(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); and
       ``(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; and
       ``(2) based on the collaboration, facilitate the placement 
     of the veterans that complete the training in meaningful 
     employment that leads to economic self-sufficiency.
       ``(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--
       ``(1) information describing how the organization will--
       ``(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));
       ``(B) based on the collaboration, provide training that 
     facilitates the placement described in subsection (b)(2); and
       ``(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; and
       ``(2) an assurance that the organization will provide the 
     information necessary for the Secretary to prepare the 
     reports described in subsection (d).
       ``(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).
       ``(2) Not later than 18 months after the date of enactment 
     of the VOW to Hire Heroes Act of 2011, the Secretary shall--
       ``(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--
       ``(i) veterans who applied for training under this section;
       ``(ii) veterans who entered the training;
       ``(iii) veterans who completed the training;
       ``(iv) veterans who were placed in meaningful employment 
     under this section; and
       ``(v) veterans who remained in such employment as of the 
     date of the assessment; and
       ``(B) submit to the appropriate committees of Congress a 
     report that includes--
       ``(i) a description of how the grant recipients used the 
     funds made available under this section;
       ``(ii) the results of the assessment conducted under 
     subparagraph (A); and
       ``(iii) the recommendations of the Secretary as to whether 
     amounts should be appropriated to carry out this section for 
     fiscal years after 2013.
       ``(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.
       ``(f) Definitions.--In this section--
       ``(1) the term `appropriate committees of Congress' means--
       ``(A) the Committee on Veterans' Affairs and the Committee 
     on Health, Education, Labor, and Pension of the Senate; and
       ``(B) the Committee on Veterans' Affairs and the Committee 
     on Education and Workforce of the House of Representatives; 
     and
       ``(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.''.
       (b) Conforming Amendment.--Section 4103A(a) of title 38, 
     United States Code, is amended--
       (1) in paragraph (1), by inserting ``and facilitate 
     placements'' after ``intensive services''; and
       (2) by adding at the end the following:
       ``(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.''.
       (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:

``4104A. Collaborative veterans' training, mentoring, and placement 
              program.''.

     SEC. 235. APPOINTMENT OF HONORABLY DISCHARGED MEMBERS AND 
                   OTHER EMPLOYMENT ASSISTANCE.

       (a) Appointments to Competitive Service Positions.--
       (1) In general.--Chapter 21 of title 5, United States Code, 
     is amended by inserting after section 2108 the following:

     ``Sec. 2108a. Treatment of certain individuals as veterans, 
       disabled veterans, and preference eligibles

       ``(a) Veteran.--
       ``(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--
       ``(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; and
       ``(B) submits a certification described under paragraph (2) 
     to the Federal officer making the appointment.
       ``(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.
       ``(b) Disabled Veteran.--
       ``(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--
       ``(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; and
       ``(B) submits a certification described under paragraph (2) 
     to the Federal officer making the appointment.

[[Page S7333]]

       ``(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.
       ``(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.''.
       (2) Technical and conforming amendments.--
       (A) Definitions.--Section 2108 of title 5, United States 
     Code, is amended--
       (i) in paragraph (1), in the matter following subparagraph 
     (D), by inserting ``, except as provided under section 
     2108a,'' before ``who has been'';
       (ii) in paragraph (2), by inserting ``(except as provided 
     under section 2108a)'' before ``has been separated''; and
       (iii) in paragraph (3), in the matter preceding 
     subparagraph (A), by inserting ``or section 2108a(c)'' after 
     ``paragraph (4) of this section''.
       (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:

``2108a. Treatment of certain individuals as veterans, disabled 
              veterans, and preference eligibles.''.
       (b) Employment Assistance: Other Federal Agencies.--
       (1) Definitions.--In this subsection--
       (A) the term ``agency'' has the meaning given the term 
     ``Executive agency'' in section 105 of title 5, United States 
     Code; and
       (B) the term ``veteran'' has the meaning given that term in 
     section 101 of title 38, United States Code.
       (2) Responsibilities of office of personnel management.--
     The Director of the Office of Personnel Management shall--
       (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); and
       (B) ensure that the programs established under this 
     subsection are coordinated with the Transition Assistance 
     Program (TAP) of the Department of Defense.
       (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--
       (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;
       (B) provide such members with information regarding the 
     program of the agency established under subparagraph (A); and
       (C) promote the recruiting, hiring, training and 
     development, and retention of such members and veterans by 
     the agency.
       (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).

     SEC. 236. 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 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.
       (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.
       (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).

     SEC. 237. ENHANCEMENT OF DEMONSTRATION PROGRAM ON 
                   CREDENTIALING AND LICENSING OF VETERANS.

       (a) In General.--Section 4114 of title 38, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``may'' and inserting 
     ``shall'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (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,'';
       (ii) by striking ``not less than 10 military'' and 
     inserting ``not more than five military''; and
       (iii) by inserting ``for Veterans' Employment and 
     Training'' after ``selected by the Assistant Secretary''; and
       (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''; and
       (3) by striking subsections (d) through (h) and inserting 
     the following:
       ``(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.''.
       (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.--
       (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--
       (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;
       (B) providing assistance to unemployed veterans who, while 
     serving in the Armed Forces, were trained in a military 
     occupational specialty; and
       (C) providing vocational training or counseling to veterans 
     described in subparagraph (B).
       (2) Report.--
       (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).
       (B) Elements.--The report required by subparagraph (A) 
     shall include the following:
       (i) The findings of the Assistant Secretary with respect to 
     the study required by paragraph (1).
       (ii) A detailed description of the costs compared under the 
     study required by paragraph (1).

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

       Section 4107(c) of title 38, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``clause (1)'' and 
     inserting ``paragraph (1)'';
       (2) in paragraph (5), by striking ``and'' at the end;
       (3) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (4) by adding at the end the following new paragraph:
       ``(7) performance measures for the provision of assistance 
     under this chapter, including--
       ``(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;
       ``(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;
       ``(C) the median earnings of participants described in 
     subparagraph (A) during the period described in such 
     subparagraph;
       ``(D) the median earnings of participants described in 
     subparagraph (B) during the period described in such 
     subparagraph; and
       ``(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.''.

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

       Section 4215 of title 38, United States Code, is amended--
       (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.''; and

[[Page S7334]]

       (2) by amending subsection (d) to read as follows:
       ``(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--
       ``(A) an analysis of the implementation of providing such 
     priority at the local level;
       ``(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; and
       ``(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.
       ``(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.''.

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

       (a) In General.--Section 4109 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(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.
       ``(2) The results of such final examination shall be 
     provided to the entity that sponsored the specialist or 
     representative who received the training.''.
       (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.

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

       (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:
       ``(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.
       ``(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.''.
       (b) Local Veterans' Employment Representatives.--Section 
     4104 of such title is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(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.
       ``(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.''.
       (c) Consolidation.--Section 4102A of such title is amended 
     by adding at the end the following new subsection:
       ``(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--
       ``(1) the Governor determines, and the Secretary concurs, 
     that such consolidation--
       ``(A) promotes a more efficient administration of services 
     to veterans with a particular emphasis on services to 
     disabled veterans; and
       ``(B) does not hinder the provision of services to veterans 
     and employers; and
       ``(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.''.

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

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

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

                       Subtitle E--Other Matters

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

       (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))''.
       (b) Returning Heroes Tax Credits.--Subparagraph (A) of 
     section 51(d)(3) of the Internal Revenue Code of 1986 is 
     amended--
       (1) by striking ``or'' at the end of clause (i),
       (2) by striking the period at the end of clause (ii)(II), 
     and
       (3) by adding at the end the following new clauses:
       ``(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), or
       ``(iv) having aggregate periods of unemployment during the 
     1-year period ending on the hiring date which equal or exceed 
     6 months.''.
       (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:
       ``(D) Credit for unemployed veterans.--
       ``(i) In general.--Notwithstanding subparagraph (A), for 
     purposes of paragraph (3)(A)--

       ``(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, and
       ``(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.

       ``(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.''.
       (d) Extension of Credit.--Subparagraph (B) of section 
     51(c)(4) of the Internal Revenue Code of 1986 is amended to 
     read as follows:
       ``(B) after--
       ``(i) December 31, 2012, in the case of a qualified 
     veteran, and
       ``(ii) December 31, 2011, in the case of any other 
     individual.''.
       (e) Credit Made Available to Tax-exempt Organizations in 
     Certain Circumstances.--
       (1) In general.--Subsection (c) of section 52 of the 
     Internal Revenue Code of 1986 is amended--
       (A) by inserting ``(1) In general.--'' before ``No 
     credit'', and
       (B) by adding at the end the following new paragraph:
       ``(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).''.
       (2) Credit allowable.--Section 3111 of such Code is amended 
     by adding at the end the following new subsection:
       ``(e) Credit for Employment of Qualified Veterans.--
       ``(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.
       ``(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

[[Page S7335]]

     all employees of the organization during such period.
       ``(3) Modifications.--For purposes of paragraph (1), 
     section 51 shall be applied--
       ``(A) by substituting `26 percent' for `40 percent' in 
     subsection (a) thereof,
       ``(B) by substituting `16.25 percent' for `25 percent' in 
     subsection (i)(3)(A) thereof, and
       ``(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.
       ``(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.
       ``(5) Definitions.--For purposes of this subsection--
       ``(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), and
       ``(B) the term `qualified veteran' has meaning given such 
     term by section 51(d)(3).''.
       (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.
       (f) Treatment of Possessions.--
       (1) Payments to possessions.--
       (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.
       (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.
       (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.
       (3) Definitions and special rules.--
       (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.
       (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.
       (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.
       (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.

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

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

     SEC. 263. REIMBURSEMENT RATE FOR AMBULANCE SERVICES.

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

     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.

       Section 5317(g) of title 38, United States Code, is amended 
     by striking ``September 30, 2011'' and inserting ``September 
     30, 2016''.

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

       (a) In General.--Section 3729(b)(2) of title 38, United 
     States Code, is amended--
       (1) in subparagraph (A)--
       (A) in clause (iii), by striking ``November 18, 2011'' and 
     inserting ``October 1, 2016''; and
       (B) in clause (iv), by striking ``November 18, 2011'' and 
     inserting ``October 1, 2016'';
       (2) in subparagraph (B)--
       (A) in clause (i), by striking ``November 18, 2011'' and 
     inserting ``October 1, 2016'';
       (B) by striking clauses (ii) and (iii);
       (C) by redesignating clause (iv) as clause (ii); and
       (D) in clause (ii), as redesignated by subparagraph (C), by 
     striking ``October 1, 2013'' and inserting ``October 1, 
     2016'';
       (3) in subparagraph (C)--
       (A) in clause (i), by striking ``November 18, 2011'' and 
     inserting ``October 1, 2016''; and
       (B) in clause (ii), by striking ``November 18, 2011'' and 
     inserting ``October 1, 2016''; and
       (4) in subparagraph (D)--
       (A) in clause (i), by striking ``November 18, 2011'' and 
     inserting ``October 1, 2016''; and
       (B) in clause (ii), by striking ``November 18, 2011'' and 
     inserting ``October 1, 2016''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the later of--
       (1) November 18, 2011; or
       (2) the date of the enactment of this Act.

        TITLE III--OTHER PROVISIONS RELATING TO FEDERAL VENDORS

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

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

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

       (a) Study.--
       (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.
       (2) Matters studied.--The study conducted under paragraph 
     (1) shall include the following matters:
       (A) An estimate of the amount of delinquent taxes owed by 
     Federal contractors.
       (B) The extent to which the requirement that persons 
     submitting bids or proposals certify whether such persons 
     have delinquent tax debts has--
       (i) improved tax compliance; and
       (ii) been a factor in Federal agency decisions not to enter 
     into or renew contracts with such contractors.
       (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.
       (D) The degree of the success of the Federal lien and levy 
     system in recouping delinquent Federal taxes from Federal 
     contractors.
       (E) The number of persons who have been suspended or 
     debarred because of a delinquent tax debt over the past 3 
     years.
       (F) An estimate of the extent to which the subcontractors 
     under Federal contracts have delinquent tax debt.
       (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.
       (H) Recommendations on ways to better identify Federal 
     contractors with delinquent tax debts.
       (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.

[[Page S7336]]

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.

       (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:
       ``(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.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
       (c) No Impact on Social Security Trust Funds.--
       (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).
       (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.

                       TITLE V--BUDGETARY EFFECTS

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

       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.

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