[Congressional Record Volume 157, Number 175 (Wednesday, November 16, 2011)]
[House]
[Pages H7643-H7661]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
3% WITHHOLDING REPEAL AND JOB CREATION ACT
Mr. CAMP. Madam Speaker, I move to suspend the rules and concur in
the Senate amendment to the bill (H.R. 674) to amend the Internal
Revenue Code of 1986 to repeal the imposition of 3 percent withholding
on certain payments made to vendors by government entities, to modify
the calculation of modified adjusted gross income for purposes of
determining eligibility for certain healthcare-related programs, and
for other purposes.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
Strike title II and insert the following:
TITLE II--VOW TO HIRE HEROES
Sec. 201. Short title.
Subtitle A--Retraining Veterans
Sec. 211. Veterans retraining assistance program.
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.
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.
Sec. 223. Transition Assistance Program contracting.
Sec. 224. Contracts with private entities to assist in carrying out
Transition Assistance Program of Department of Defense.
Sec. 225. Improved access to apprenticeship programs for members of the
Armed Forces who are being separated from active duty or
retired.
Sec. 226. Comptroller General review.
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.
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.
Sec. 233. Training and rehabilitation for veterans with service-
connected disabilities who have exhausted rights to
unemployment benefits under State law.
[[Page H7644]]
Sec. 234. Collaborative veterans' training, mentoring, and placement
program.
Sec. 235. Appointment of honorably discharged members and other
employment assistance.
Sec. 236. Department of Defense pilot program on work experience for
members of the Armed Forces on terminal leave.
Sec. 237. Enhancement of demonstration program on credentialing and
licensing of veterans.
Sec. 238. Inclusion of performance measures in annual report on veteran
job counseling, training, and placement programs of the
Department of Labor.
Sec. 239. Clarification of priority of service for veterans in
Department of Labor job training programs.
Sec. 240. Evaluation of individuals receiving training at the National
Veterans' Employment and Training Services Institute.
Sec. 241. Requirements for full-time disabled veterans' outreach
program specialists and local veterans' employment
representatives.
Subtitle D--Improvements to Uniformed Services Employment and
Reemployment Rights
Sec. 251. Clarification of benefits of employment covered under USERRA.
Subtitle E--Other Matters
Sec. 261. Returning heroes and wounded warriors work opportunity tax
credits.
Sec. 262. Extension of reduced pension for certain veterans covered by
Medicaid plans for services furnished by nursing
facilities.
Sec. 263. Reimbursement rate for ambulance services.
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.
Sec. 265. Modification of loan guaranty fee for certain subsequent
loans.
TITLE III--OTHER PROVISIONS RELATING TO FEDERAL VENDORS
Sec. 301. One hundred percent levy for payments to Federal vendors
relating to property.
Sec. 302. Study and report on reducing the amount of the tax gap owed
by Federal contractors.
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.
TITLE V--BUDGETARY EFFECTS
Sec. 501. Statutory Pay-As-You-Go Act of 2010.
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--
[[Page H7645]]
``(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
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.--
[[Page H7646]]
(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.
``(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
[[Page H7647]]
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.
``(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
(2) by amending subsection (d) to read as follows:
[[Page H7648]]
``(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
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--
[[Page H7649]]
``(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.
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.
[[Page H7650]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Camp) and the gentleman from Michigan (Mr. Levin) each
will control 20 minutes.
The Chair recognizes the gentleman from Michigan (Mr. Camp).
General Leave
Mr. CAMP. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CAMP. Madam Speaker, I yield myself such time as I may consume.
I come to the floor today in support of permanently repealing the
onerous, job-killing 3 percent withholding law. During House action
last month, this legislation garnered more than 400 votes for repeal
and passed, as amended, with an overwhelming 95 votes in the Senate
last week.
The legislation, which has been championed by Ways and Means Health
Subcommittee Chairman Wally Herger and our Democrat colleague Earl
Blumenauer, is supported by President Obama and makes clear that when
we work together, we can find bipartisan solutions to the laws and
regulations that stifle job creation. This legislation does just that
and frees up valuable resources businesses can use for hiring.
In addition to the provisions in the House-passed 3 percent
withholding bill, the Senate amendment contains a variety of veterans-
related provisions--a group of Americans clearly deserving of our
support.
Finally, the Senate amendment retains another provision passed by
this House with bipartisan support and authored by one of the newest
members of the Ways and Means Committee, Representative Diane Black.
Mrs. Black's legislation modifies the income definition for determining
eligibility for exchange subsidies, Medicaid, and the Children's Health
Insurance Program, conforming the definition of income in the
Democrats' health care law to the standards used by other Federal low-
income programs such as food stamps and public housing. In doing so,
taxpayers save $13 billion, and Medicaid funds will not be diverted
away from serving America's low-income families.
Madam Speaker, today we can take the final step and send this
deficit-reducing and job-creating legislation to the President's desk.
I urge my colleagues to vote ``yes'' on the Senate amendment to H.R.
674, and I look forward to seeing the President sign this bill into
law.
I ask unanimous consent that the gentleman from California (Mr.
Herger) control the balance of my time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. LEVIN. Madam Speaker, I yield myself such time as I may consume.
I believe this bill will pass with overwhelming support. Nearly
everyone agrees that the 3 percent withholding provision should be
repealed. It was a misguided approach when it was enacted by the last
Republican Congress and it is misguided now. That is why we tried to
repeal it earlier and ultimately delayed its implementation. Its
repeal, however, should not be claimed as a significant jobs bill. As
economist Mark Zandi has said, ``I don't think it's meaningful in terms
of jobs. It's more trying to clean up something that needs cleaning
up.''
The veterans provisions added by the Senate are a real jobs bill.
They are a useful start in helping those who have loyally served our
Nation find work, and I would hope all of us support them, including
the tax credits to encourage businesses to hire veterans.
Most on our side support these provisions, and they were included in
the President's jobs proposal. But no one should consider these modest
steps as a substitute for action on the President's comprehensive jobs
plan, which Republicans have so far blocked.
The President's jobs plan includes a payroll tax cut that would save
the average family $1,500 a year. It includes tax credits for hiring
the long-term unemployed, payroll tax cuts for hiring, and incentives
to invest. It includes an infrastructure bank, and $75 billion to build
roads and schools. That's a jobs agenda that could help many of the 14
million Americans who are still looking for work. Picking out two of
the smaller pieces of that agenda and saying you've acted on the
President's jobs bill is really disingenuous. The 3 percent withholding
repeal and the veterans provisions are things we should do, but we must
do much more.
{time} 1310
Millions are counting on us to do more. So passage of this bill today
represents a challenge to the majority in this House. End your blockade
of comprehensive jobs legislation as proposed by the President of the
United States.
I reserve the balance of my time.
Mr. HERGER. Madam Speaker, I yield myself such time as I may consume.
I rise in strong support of H.R. 674. Members of this House are well
aware of why the 3 percent withholding tax must be repealed. It
threatens to destroy the cash flow of thousands of small businesses
that sell goods and services to the government agencies and impose
additional costs on cash-strapped State and local governments.
Today I want to talk about the big picture and why this is so
important for job creation. Americans are hurting. Nearly 14 million
are unable to find work, and millions more are stuck in part-time jobs,
even though they would like to work more. We are now well into the
fourth year of this downturn, and many Americans are increasingly
discouraged about the long-term future of our economy.
America's job creators are hurting too. Today, thousands of small
business owners will sit down, look over their books, and try to
discern what the future holds. They are uncertain about whether there
will be sufficient demand for their goods and services. They are
uncertain about how Europe's fiscal crisis will affect our economy and
whether we will do what is needed to address our own debt crisis before
it's too late. And they're uncertain about the direction of government
policy, whether Washington will continue to hand down new taxes and
regulations that stifle economic growth.
The 3 percent withholding tax is an example of the kind of government
policies that discourage job creation. When small business owners are
evaluating whether their investments will allow them to make a living,
it matters if a new tax is going to cut off their cash flow in just
over a year.
Repealing this tax is one important step. It sends a message to
America's job creators that jobs are our number one priority and that
Congress is committed to undoing policies that stand in the way of
restoring prosperity.
I reserve the balance of my time.
Mr. LEVIN. I yield 2 minutes to the gentleman from Georgia (Mr.
Lewis), a distinguished member of our committee.
Mr. LEWIS of Georgia. Madam Speaker, the most important task we face
today is helping Americans get back to work. People stop me all over
metro Atlanta and tell me how long they've been looking for work, how
many applications they have filled out, how many resumes they have
sent.
And with the unemployment rate for Iraq and Afghanistan veterans over
12 percent, Senator Tester's amendment is a good start. It is a
necessary start. These are people who want to work, who need to work.
They don't want a handout; they want a job.
These men and women put on that uniform to serve and protect our
country. We can and must do more to honor their service. It is simply
the right and good thing to do.
Now, I must say, Madam Speaker, that I strongly object to the
Republican effort to stain a bipartisan bill with a partisan poison
pill, making it more difficult for America's seniors to get private
health insurance and Medicaid. It is not right, it is not fair, and it
is not just.
[[Page H7651]]
Mr. HERGER. Madam Speaker, I yield 3 minutes to the gentlewoman from
Tennessee (Mrs. Black), who has been instrumental in working on this
legislation and coming up with savings that we can do to see that it is
paid for.
Mrs. BLACK. Thank you, Chairman Herger.
Madam Speaker, I would like to begin by saying that I am extremely
proud that my legislation is part of this very worthy, bipartisan jobs
package.
Congress can and should work together to find common ground and
forward solutions-based legislation like what we are considering right
here. Today the House will pass a package that not only creates more
certainty for small business, encourages hiring of our Nation's
veterans, but is also paid for, thanks to my legislation, that repeals
a costly glitch in the health care law. And this is more than deficit
neutral. This legislation will save billions of dollars.
I've spoken on the floor of the House previously about my cost-saving
legislation that is now part of this package. When the Affordable Care
Act was passed, few realized that this legislation contained a loophole
that would allow middle class Americans to receive Medicaid benefits.
The new income formula that determines eligibility for government
subsidized health insurance, the Modified Adjusted Gross Income, or
MAGI, deviated from other Federal assistance programs, failing to
include Social Security benefits as income.
Under the health care law, a married couple with an annual income of
over $60,000 could qualify to receive Medicaid benefits. Let me put it
in more stark terms. Changing the income formula could result in
individuals whose incomes are up to 400 percent of the poverty level
receiving Medicaid. This is unacceptable. I very strongly believe that
it is our duty to ensure that the very scarce Medicaid resources are
there for those in most need.
Again, let me state that the Affordable Care Act income formula for
Medicaid, CHIP, and exchange subsidies deviated from the eligibility
requirements for other Federal assistance programs. Supplemental Social
Security Income; Supplemental Nutrition Programs, known as food stamps;
Temporary Assistance for Needy Families; and public housing all include
the entire Social Security benefit as income.
My legislation, now a part of this package, adds Social Security
benefits back into the equation, realigning Medicaid with the other
programs and stopping these improper payments before they occur.
Closing the loophole in Medicaid will save $13 billion over 10 years
according to the Congressional Budget Office. And by adding my
legislation into this package that includes the 3 percent withholding
repeal and the veterans tax deductions, this package will save vital
tax dollars.
Madam Speaker, I'd like to take a moment to praise other sections of
this bill. And on the heels of Veterans Day, I cannot think of a better
time for Congress to step forward and help our veterans get to work. As
a wife, mother, and daughter of veterans, I know how important it is
that we support those brave men and women who fought for our country.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. HERGER. I yield the gentlewoman 1 additional minute.
Mrs. BLACK. I thank the gentleman.
I hope that this bipartisan, bicameral veterans legislation is just
the beginning of more veterans bills getting passed by Congress.
Veterans who return home to us and seek work should be able to find
it. With our economic recovery sluggish, at best, my colleague Mr.
Herger's 3 percent withholding repeal will go a long way to create more
certainty for small business. Taxing business at 3 percent is something
we cannot afford.
I look forward to this legislation and the entire package being
signed into law by the President as soon as possible. We should not
have to wait for these commonsense, bipartisan solutions to go into
effect.
Mr. LEVIN. Madam Speaker, it is now my real pleasure to yield 2
minutes to the gentleman from California (Mr. Filner), a gentleman who
has worked so hard on veterans issues.
Mr. FILNER. Thank you, Mr. Levin, and I appreciate the time. And
thank you, Mr. Herger, for bringing us this bill.
I rise in support of H.R. 674. Every day I get phone calls and
letters from veterans telling me how rewarding their service was and
what an invaluable experience they received in the military. But they
are confused as to why potential employers don't value their time and
service and why they get rejection letters for jobs they are qualified
to perform.
These veterans are highly skilled individuals who are ready to make
an immediate impact to any job. Veterans bring real-world experience to
any company and, unfortunately, employers fail to see this value.
In August of this year, the President proposed a comprehensive plan
to decrease the veteran unemployment rate. Part of his plan includes a
tax credit for employers, and I'm happy to see that Senator Murray
included this in H.R. 674. It would provide a tax credit for firms that
hire certain unemployed veterans, and these tax credits are a win for
veterans and a win for the companies. The credits will incentivize
struggling businesses that need to increase their work force to hire
veterans while getting a tax deduction.
{time} 1320
The bill also provides veterans with training, mentoring, and
placement services and allows for the appointment of honorably
discharged veterans to the civil service. I'm happy to see H.R. 674
move forward because it will provide individualized assessments for
servicemembers in the Transitional Assistance Program, increase access
to apprenticeship programs for separating servicemembers, provide
authority to the VA to provide services to servicemembers with severe
injuries, and many other positive programs that will help veterans.
The President's message was clear. We must fight for our
servicemembers and veterans by enacting legislation that will help
veterans get jobs.
I hope that all of my colleagues will join me in supporting H.R. 674.
Mr. HERGER. Madam Speaker, I yield 5 minutes to the gentleman from
Florida (Mr. Miller), the chairman of the Veterans' Affairs Committee.
Mr. MILLER of Florida. I thank the gentleman for yielding.
As chairman of the House Veterans' Affairs Committee, I do stand
today in the strongest possible support of the Senate amendment to H.R.
674, which includes the provision of the bipartisan and bicameral VOW
to Hire Heroes Act of 2011.
This bill contains many provisions of H.R. 2433, the Veterans
Opportunity to Work Act, or the VOW Act, which was introduced in July
and passed the House by an overwhelming majority just last month.
The VOW Act honors the 1 percent of Americans who, as veterans, have
signed a blank check in the amount of up to and including their lives
and payable to the other 99 percent of Americans. In return for that
investment, too many of them, veterans of every working age generation,
are finding themselves unemployed or seriously underemployed due to the
current economic downturn. Unfortunately, today's economy has
eliminated millions of jobs, many of which will unfortunately never
return.
Regardless of the reason, nearly one million veterans need help in
acquiring the skills needed for today's job market. That is what the
VOW to Hire Heroes Act will do in a very comprehensive and cost-
effective manner.
There are millions of jobs going unfilled right now because employers
can't find workers with the right skills. I'm proud that a major
provision of the VOW to Hire Heroes Act will give nearly 100,000
veterans a chance to gain the new skills that are in demand for today's
jobs. And these jobs are not just in high-tech fields. Many are in the
trades. Many are in fields that cannot be moved overseas, like
transportation. And this bill helps provide the training needed to
complete and compete for these types of jobs without adding new
programs.
In fact, the two major provisions of this bill essentially recycle
two existing well-regarded education and training programs, the
Montgomery GI Bill and the Vocational Rehabilitation and Employment
Program. That will make use of existing staff and current regulations.
[[Page H7652]]
As I said, this Act takes a comprehensive approach. For those just
leaving the service, this bill would vastly improve the Transition
Assistance Program, or TAP, as it's known, by adding personal skills
assessment and improved skills crosswalks into civilian occupations.
The bill would also begin the process of working with the States to
help standardize occupational licensing and credentialing, a major
bottleneck that often wastes millions of dollars spent on our military
training.
For the disabled veterans who have completed VA's Voc Rehab and
Employment Program and who have exhausted their unemployment benefits,
the bill would offer up to an additional year of vocational
rehabilitation.
Madam Speaker, I want to thank the chair of the Senate Committee on
Veterans Affairs, Senator Patty Murray, for her insight in including
the vocational rehabilitation benefits as part of the compromise bill.
I have two final points. The first is, this bill is paid for both
mandatory and discretionary. We have worked with the veteran services
organizations in order to find the pay-for provisions, and they
understand the urgency to help veterans become employed, and I thank
them for their support of this legislation.
Secondly, Madam Speaker, I would like to thank Chairman Camp. I know
his plate is full right now, and I thank him most sincerely for helping
bring this to the floor.
Mr. LEVIN. Madam Speaker, I yield 2 minutes to a very distinguished
member of our committee and a cosponsor of the amendment that we now
add to the original bill, the gentleman from Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. It is a pleasure to be on the floor with my partner
on this legislation, the gentleman from California (Mr. Herger), being
able to see it finally brought to fruition. It was actually made a
little better with the inclusion of these important provisions for our
veterans.
I am hopeful that we will act with dispatch and approve it
unanimously. But I hope we can also focus on what this chapter
represents. It was something, in terms of working with the gentleman
from California, moving this through Congress, that it seemed to me
that there are three elements that we ought to focus on going forward.
First and foremost, that same spirit that has resulted in being able
to fix and improve this legislation ought to be focused on how we
rebuild and renew America. Because so many of the businesses and
governments that were going to be pounded with this 3 percent
withholding are struggling to deal with challenges that they face.
There are hundreds of thousands of veterans that could potentially be
at work rebuilding and renewing America. We are in a precarious
position in terms of our competitiveness internationally, with problems
of congestion, pollution. I am hopeful that this same spirit focused
here can be focused on this major effort to rebuild and renew America
that can help revitalize the economy while it improves our communities.
Second, we need to take a hard look at flaws in how we score
legislation. This piece of legislation that we were looking at, part of
the challenge was to have some sort of offset because it was going to
``cost government money.'' Well, as a practical matter that is not the
case because the CBO rules never take into account how much it would
cost to implement it. And as a result of the hearings with Mr. Herger,
with the small business Committee, with a whole range of sources, I am
absolutely confident that it would have cost the Federal Government far
more to implement it than it ever would have collected.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. LEVIN. I yield the gentleman an additional minute.
Mr. BLUMENAUER. We need to make sure going forward we don't have
these aberrations that cause us to go through these gyrations for
something that on its face really is not going to yield the economic
results.
Finally, I hope we can work together in the same sort of spirit,
evidenced working with Mr. Herger, Chairman Camp, Ranking Member Levin,
to deal with the broader picture of how we're going to solve the long-
term problems of our budget deficit and our flawed revenue system. We
can reform our system, give a balanced program that both reforms and
raises revenues, that changes how we do business. I'm convinced that
this is within the capacity of those of us in Congress, and today's
positive vote on this legislation is a little indication of how it can
be done.
Mr. HERGER. Madam Speaker, I yield 1 minute to the gentleman from
Indiana (Mr. Stutzman), the chairman of the Veterans' Affairs
Subcommittee on Economic Opportunity.
Mr. STUTZMAN. I thank the chairman for yielding.
Madam Speaker, jobs for America's veterans has become a popular topic
over the past few weeks. The VOW to Hire Heroes Act is a vital first
step in meeting our responsibilities to that 1 percent of Americans
mentioned by VA Committee Chairman Miller in his remarks.
For those who are in the middle of their civilian working life,
gaining new skills is often problematic due to a lack of resources to
fund education and training, while recently discharged veterans have
the post 9/11 GI Bill's generous resources to acquire the skills now in
demand. Therefore, I believe the most important provision in the VOW to
Hire Heroes Act offers 99,000 unemployed veterans between the ages of
35 and 60 the resources to acquire those new skills.
To my colleagues, the veterans provisions in this bill are worthy of
your support, and I urge you to join me in voting ``yes'' on the VOW to
Hire Heroes Act.
The Amendment to H.R. 674, includes the VOW to Hire Heroes Act of
2011, which reflects a Compromise Agreement reached by the House and
Senate Committees on Veterans' Affairs (the Committees) on the
following bills reported during the 112th Congress: H.R. 2433, as
amended, (House Bill); and S. 951, as reported (Senate Bill).
H.R. 2433, as amended, passed the House on October 12, 2011. S. 951
was reported favorably out of the Senate Committee on July 18, 2011.
The Committees have prepared the following explanation of certain
provisions contained in the amendment to H.R. 674, as amended, to
reflect a Compromise Agreement between the Committees. Differences
between the provisions contained in the Compromise Agreement and the
related provisions of the House Bill and the Senate Bill are noted in
this document, except for clerical corrections, conforming changes made
necessary by the Compromise Agreement, and minor drafting, technical,
and clarifying changes.
Subtitle A--Retraining Veterans
VETERANS RETRAINING ASSISTANCE PROGRAM
Current Law
In general, educational assistance under the Montgomery GI
Bill (Chapter 30 of title 38 United States Code (U.S.C.)) is
limited by section 3031 of title 38, U.S.C., to ten years
following a servicemember's last discharge from active duty
in the Armed Forces.
Senate Bill
The Senate Bill contains no similar provision.
House Bill
Section 101 of H.R. 2433, as amended, would provide an
opportunity for unemployed veterans ages 35 to 60 to gain new
skills through a temporary expansion of eligibility for an
existing education and training benefit, the Montgomery GI
Bill (MGIB). This section would allow these veterans to
enroll in courses at community colleges and technical
training schools for up to 12 months. Education payments
would be administered under the rules governing the existing
MGIB and would only be payable to veterans enrolled in
education or training courses that lead to an associate
degree, certificate, or similar qualification, in a high
growth occupation as determined by the U.S. Department of
Labor (DOL).
This section would authorize the DOL and the U.S.
Department of Veterans Affairs (VA) to enroll up to 100,000
unemployed veterans beginning June 1, 2011, through March 31,
2014. Veterans would be eligible to receive the monthly MGIB
benefit that is in effect for up to 12 months. Payments under
this section would terminate after March 31, 2014. In
addition to the above mentioned age requirement, the veteran
must have been discharged under conditions other than
dishonorable, be unemployed as determined by the Secretary of
Labor with special consideration given to those who have been
unemployed for at least 26 consecutive weeks and have no
eligibility for other education programs administered by VA.
The House Bill includes a provision requiring program
participants to certify attendance on a monthly basis as is
done under the existing MGIB. This provision was included to
minimize overpayments to enrollees who do not complete their
course of training. This section would require DOL and VA to
submit a report to the Committees on veteran participants and
their employment status after participation.
[[Page H7653]]
Compromise Agreement
Section 211 of the Compromise Agreement generally follows
the House's position except that 99,000 unique beneficiaries
would be authorized under the agreement. The agreement
removes any of the special considerations for eligibility
listed in the House provision to simplify the administration
of the program. It also directs VA and DOL to jointly carry
out this program with a memorandum of agreement that includes
provisions to create an appeals system for denied applicants.
To provide VA and DOL with the time necessary to administer
this section, a July 1 effective date is established. The
Committees believe that DOL, through the state employment
agencies, is the most appropriate intake point for unemployed
veterans to apply for this grant program. DOL is also the
appropriate entity to determine that an applicant is
unemployed and whether they are currently or had been a
participant in any other job training programs. Following
these determinations, DOL would forward the application to
VA. VA would then determine an applicant's veteran status and
eligibility for other education programs administered by VA
under title 38 U.S.C. and title 10 U.S.C. The Compromise
Agreement also provided up to $2 million in assistance to VA
for use on information technology systems. This is the amount
estimated by the Congressional Budget Office to develop and
maintain information technology systems to support this
section. Finally, the Compromise Agreement includes the
Senate Committee on Health, Education, Labor and Pension and
the House Committee on Education and the Workforce in the
list of committees that would receive the final report on
implementation of this section.
The Committees understand that many veterans are in need of
the assistance provided under section 101, and urge DOL and
VA to come to an agreement on the administration of the
program quickly so it can be fully implemented and ready to
process applications by the mandated July 1, 2012 start date.
Subtitle B--Improving the Transition Assistance Program
MANDATORY PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN THE
TRANSITIONAL ASSISTANCE PROGRAM OF DEPARTMENT OF DEFENSE
Current Law
Section 1144 of title 10, U.S.C., establishes an
interagency program known as the Transition Assistance
Program (TAP), which offers basic training on veterans
benefits, job hunting skills, and other related subjects. TAP
is delivered via a partnership between the U.S. Department of
Defense (DOD), DOL's Veterans' Employment and Training
Service (VETS), VA, and the U.S. Department of Homeland
Security (DHS). TAP includes a wide variety of employment-
related training lessons as well as a VA benefits briefing,
and the Disabled Transition Assistance Program for wounded or
injured servicemembers. Under current law, DOD and DHS are
required to encourage servicemembers to participate in TAP,
but are not required to mandate their participation. Only the
U.S. Marine Corps has elected to require its members to
participate in TAP.
Senate Bill
Section 6 of S. 951, as reported, would amend section 1144
of title 10, U.S.C., to require mandatory participation in
TAP for all servicemembers with limited exceptions. These
exceptions would be set forth by the Secretaries of DOD and
DHS in consultation with VA and VETS.
House Bill
Section 202 of H.R. 2433, as amended, would amend section
1144(c) of title 10, U.S.C., to require mandatory
participation in TAP with limited exceptions. The exceptions
would allow for enlisted servicemembers who are in the pay
grades of E-8 and above, and officers in pay grades, 0-6 and
above to be exempt from mandatory participation. Also, a
servicemember would be exempt if there is a documented
operational requirement that prevents attendance, or if the
servicemember submits a written plan, which receives written
approval from the servicemember's commanding officer, and the
servicemember declines in writing to participate in TAP based
on planned post-service employment or acceptance to an
education program.
Compromise Agreement
Section 221 of the Compromise Agreement reflects the Senate
position with minor modifications, and includes a provision
to exempt servicemembers from TAP if they possess a
specialized skill that is needed to support a unit's imminent
deployment.
It is the Committees' intent that, in light of this effort,
all servicemembers participate in at least the most basic
components of TAP and that waivers not be granted except for
those who are extraordinarily qualified or for those for whom
TAP would be unnecessary or inappropriate due to other
extraordinary circumstances.
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
Current Law
Under current practice, DOD provides some assessment of
servicemembers' skills related to their military occupational
specialty (MOS); however, the comparison of military-acquired
skills and civilian requirements is not sufficiently robust
or detailed, and is not sufficiently inclusive of other
training and skills, beyond MOS-related skills, which may
qualify a servicemember for civilian employment. The result
is many servicemembers who separate from active duty are
unable to effectively translate their military experience to
an equivalent civilian skill-set.
Senate Bill
Section 9 of S. 951, as reported, would require VA, DOD,
and DOL to jointly select a contractor to conduct a study to
identify any equivalencies between the skills developed by
members of the Armed Forces through various MOSs and the
qualifications for various positions of civilian employment
in the private sector. This section would also require
Federal Government departments and agencies to cooperate with
the contractor.
Following completion of the study, the contractor would be
required to submit a report to VA, DOD, and DOL. In turn, the
section would direct the Departments to jointly submit to
Congress the report, along with such comments on the report
as the Departments jointly consider appropriate.
This section would also require DOD to ensure that each
member of the Armed Forces participating in TAP receives an
individualized assessment of the various positions of
civilian employment for which such member may be qualified as
a result of the member's MOS. DOD would be required to
transmit the individualized assessment to VA and DOL for use
by either Department when providing employment related
assistance during the member's transition from military
service to a civilian career.
House Bill
The House Bill contains no similar provisions.
Compromise Agreement
Section 222 of the Compromise Agreement reflects the Senate
position with minor modifications. Under the study required
under subsection (a), the Compromise Agreement would require
that DOL be the lead agency in implementing the study
required under that subsection. The Committees believe that
DOL is already the lead agency under TAP, and the study would
be better suited to be completed by them and have VA and DOD
only consult with DOL on its contents where appropriate. The
Compromise Agreement also expands the range of military
experiences to be considered in the study to include not only
the servicemember's MOS, but also non-resident training
programs, attaining higher ranks, and other experiences. The
compromise also includes the Department of Education in the
list of federal agencies that shall cooperate with the study
required under subsection (a). In subsection (d) the
Committees have amended the original provision to require DOD
to make the individualized assessment of each servicemember
available electronically to both DOL and VA so they can
use this assessment in any future employment related
assistance they provide the servicemember. It is the
Committees' view that this assessment should be stored as
part of the servicemember's ``e-benefits'' account. E-
benefits is a new online system being developed by VA and
DOD as an online repository of servicemembers' and
veterans' records. This portal will allow the veteran to
easily access this assessment so it can assist them with
their transition to civilian life after discharge.
TRANSITION ASSISTANCE PROGRAM CONTRACTING
Current Law
Under section 4113 of title 38, U.S.C, Disabled Veteran
Outreach Program Specialists (DVOPS) and Local Veteran
Employment Representatives (LVER) are authorized to teach
most TAP courses in the United States. DVOPS and LVERs are
state employees funded by VETS to provide employment services
to veterans. The section also provides the option for VETS to
contract with instructors to teach TAP. VETS has used this
option to contract for overseas TAP instruction as well as at
a limited number of locations in the United States.
Senate Bill
The Senate Bill contains no similar provision.
House Bill
Section 201 of H.R. 2433, as amended, would amend section
4113 of title 38, U.S.C., to require VETS to contract for all
TAP instruction. This change would not only ensure quality
instruction for all servicemembers but it would allow DVOPS
and LVERs to focus on their primary mission, which is to
provide intensive employment services to disabled veterans
and meet with employers to discuss the advantages of hiring
veterans. The provision would require implementation of this
provision within two years of enactment.
Compromise Agreement
Section 223 of the Compromise Agreement follows the House
Bill.
CONTRACTS WITH PRIVATE ENTITIES TO ASSIST IN CARRYING OUT TRANSITION
ASSISTANCE PROGRAM OF DEPARTMENT OF DEFENSE
Current Law
Section 1144(d) of title 10, U.S.C., lists the types of
personnel and organizations that DOL can use in the teaching
or facilitating TAP classes. These groups include DVOPS and
LVERs, both civilian employees and uniformed members of the
Armed Forces, employees of the Veterans Benefits
Administration, and representatives of veterans service
organizations. The section also allows DOL to enter into
contracts with public or private entities to teach all or
portions of TAP.
[[Page H7654]]
Senate Bill
The Senate Bill contains no similar provision.
House Bill
The House Bill contains no similar provision.
Compromise Agreement
Section 224 of the Compromise Agreement would amend section
1144(d) of title 10, U.S.C., to clarify that when DOL enters
into contracts with private entities that they have
experience in teaching courses on private sector culture,
resume writing, career networking, and training on job search
technologies, or in academic readiness and educational
opportunities. It is the Committees' view that when DOL
contracts for TAP services pursuant to section 223 of the
Compromise Agreement they should ensure that the contractors
have pertinent expertise in providing quality services to TAP
participants. The Committees also recognize that many
servicemembers are using their Post-
9/11 GI Bill benefits soon after they are discharged, and
believe that having TAP instructors provide more information
on the type of educational choices that are available to
these servicemembers is an effective way to increase use of
the Post-9/11 GI Bill and to encourage educational choices
that are in line with the servicemember's career goals or
intents.
IMPROVED ACCESS TO APPRENTICESHIP PROGRAMS FOR MEMBERS OF THE ARMED
FORCES WHO ARE BEING SEPARATED FROM ACTIVE DUTY OR RETIRED
Current Law
Under section 1144 of title 10, U.S.C., TAP furnishes
career counseling, assistance in identifying employment and
training opportunities, help in obtaining such employment and
training, and other related information and services to
members of the Armed Forces who are being separated from
active duty, and the spouses of such members. However, it is
not explicit what types of training are authorized to
facilitate a servicemember's transition.
Senate Bill
Section 14 of S. 951, as reported, would amend section 1144
of title 10, U.S.C., by adding at the end a new subsection
that would authorize DOD and DHS to permit a member of the
Armed Forces eligible for assistance under the section to
participate in a pre-apprenticeship program or an
apprenticeship program.
Such a program would be required to be registered under the
Act of August 1937 (commonly known as the `National
Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50
et seq.) The section would also authorize DOD and DHS to
permit an eligible member to participate in a pre-
apprenticeship program that provides credit toward a program
registered under the Act of August 1937. Any such
apprenticeship or pre-apprenticeship program would be
required to provide participating servicemembers with the
education, training, and services necessary to transition
to meaningful employment that leads to economic self-
sufficiency.
House Bill
The House Bill contains no similar provision.
Compromise Agreement
Section 225 of the Compromise Agreement follows the Senate
Bill.
REPORT ON THE TRANSITION ASSISTANCE PROGRAM
Current Law
There is currently no statutory requirement for the
Comptroller General to complete a study on TAP.
Senate Bill
Section 7(b) of S. 951, as reported, would require DOL to
enter into a contract with a private entity for audits of
TAP. Such audits would be required to measure the
effectiveness of TAP, and the contractor would be required to
report on the findings of the audit and make recommendations,
which DOL would be required to implement, to improve TAP.
House Bill
Section 205 of H.R. 2433, as amended, requires that within
one year of enactment that the Comptroller General of the
United States conduct a review of TAP and its effectiveness.
Compromise Agreement
Section 226 of the Compromise Agreement generally follows
the House Bill in that it requires a review to be completed
by the Comptroller General. However the agreement requires
that the study be completed within two years of enactment.
Subtitle C--Improving the Transition of Veterans to Civilian Employment
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
Current Law
Under section 1631 of the Wounded Warrior Act (title XVI of
Public Law (P.L.) 110-181), VA's authority to provide
rehabilitation and vocational benefits to members of the
Armed Forces with severe injuries or illnesses will expire on
December 31, 2012.
Senate Bill
Section 2 of S. 951, as reported, would amend section
1631(b)(2) of the Wounded Warrior Act by extending through
December 31, 2014, VA's authority to provide rehabilitation
and vocational benefits to certain severely wounded active-
duty servicemembers in the same manner as provided to
veterans.
House Bill
The House Bill contain no similar provision.
Compromise Agreement
Section 231 of the Compromise Agreement follows the Senate
Bill. It is the view of the Committees that a two-year
extension of VA's authority is necessary to ensure that
severely wounded active-duty servicemembers have continued
and uninterrupted access to rehabilitation and vocational
benefits.
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
Current Law
Under section 3116 of title 38, U.S.C., VA is authorized to
make payments to employers for providing on-job training to
veterans who have been rehabilitated to the point of
employability to promote the development and establishment of
employment and training for veterans who have participated in
VA's vocational rehabilitation and employment programs. VA
provides these benefits to veterans with service-connected
disabilities to enable them to obtain suitable employment.
Senate Bill
Section 3 of S. 951, as reported, would amend section 3116
of title 38 U.S.C, by striking the requirement that veterans
be rehabilitated to the point of employability before VA is
authorized to make payments to employers for providing on-job
training.
House Bill
The House Bill contain no similar provision.
Compromise Agreement
Section 232 of the Compromise Agreement follows the Senate
Bill. This change will enable VA to incentivize employers to
provide training and employment opportunities to a broader
number of veterans and allow veterans to obtain on-job
training and experience while they are still in
rehabilitation.
TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED
DISABILITIES WHO HAVE EXHAUSTED RIGHTS TO UNEMPLOYMENT BENEFITS UNDER
STATE LAW
Current Law
Under sections 3102 and 3103 of title 38 U.S.C., veterans
who have a service connected disability rating of at least 20
percent and have an employment handicap or have a disability
rating of at least ten percent and have serious employment
handicap are eligible for vocational rehabilitation benefits.
Eligible veterans are entitled, generally, to 48 months of
benefits during the 12-year, post discharge period. These
limitations can be extended under certain circumstances.
Senate Bill
Section 4 of S. 951, as reported, would amend section 3102
of title 38, U.S.C., to entitle certain veterans, who have
completed a rehabilitation program, as set forth under
chapter 31, to up to 24 months of additional vocational
rehabilitation and employment benefits if they meet certain
requirements.
Under section 4, a person who has completed a chapter 31
rehabilitation program would be entitled to an additional
rehabilitation program if the person meets the current
requirements for entitlement to a chapter 31 rehabilitation
program and has, under State or Federal law, exhausted all
rights to regular unemployment compensation with respect to a
benefit year, has no rights to regular compensation with
respect to a week, is not receiving compensation with respect
to such week under the unemployment compensation laws of
Canada, and begins such additional rehabilitation program
within six months of the date of such exhaustion. Under this
section, a person would be considered to have exhausted
rights to regular unemployment compensation under State law
when no payments of regular unemployment compensation may be
made under such law because the person has received all
regular unemployment compensation available based on
employment or wages during a base period, or such person's
rights to compensation have been terminated by reason of the
expiration of the benefit year.
House Bill
The House Bill contains no similar provision.
Compromise Agreement
Section 233 of the Compromise Agreement follows the Senate
Bill. The Committees realize that many veterans who were
rehabilitated have had difficulty in finding and maintaining
employment. The Committees understand that unemployed
service-connected veterans who have passed their current
eligibility for vocational rehabilitation benefits could
benefit from additional vocational rehabilitation and
employment services while seeking meaningful employment. The
agreement limits the amount of assistance to 12 months,
provides an effective date of June 1, 2012 and a sunset date
of March 31, 2014. In addition, the agreement includes a
review of the program and its outcomes by the Government
Accountability Office (GAO). It is the intent of the
Committees that enrollment in this program be considered a
last resort for unemployed and disabled veterans who have
exhausted other federal training and unemployment benefit
resources.
COLLABORATIVE VETERANS' TRAINING, MENTORING, AND PLACEMENT PROGRAM
Current Law
Under Chapter 41, of title 38, U.S.C., the Department of
Labor is authorized to provide job counseling, training, and
placement services to veterans.
[[Page H7655]]
Senate Bill
Section 8 of S. 951, as reported, would amend chapter 41 of
title 38, U.S.C., by inserting after section 4104 a new
section, 4104A, which would require DOL to award grants to
eligible non-profit organizations to provide training and
mentoring for eligible veterans who seek employment. Under
this provision, DOL would award grants to not more than three
organizations, for contract periods of two years.
The section would require DOL to ensure that the recipients
of such grants collaborate with the appropriate DVOPS and
LVERs, and the appropriate State Workforce Investment boards
and local boards for the areas to be served by the grant
recipients. DOL would also be required to ensure that grant
recipients facilitate placement in employment that leads to
economic self-sufficiency for veterans who have completed
training.
To be eligible for such grants, a non-profit organization
would be required to submit an application to DOL. The
application must include information describing how the
organization will engage in the collaboration discussed
herein, provide training that facilitates job placement for
veterans, and provide mentorship for each veteran receiving
training.
Section 8 would also require DOL to prepare and submit to
the House and Senate Veterans' Affairs Committees a report
that describes the process for awarding grants, the
recipients of such grants, and the collaboration described
herein. DOL would provide this report not later than six
months after the date of enactment of the Hiring Heroes Act
of 2011.
Additionally, not later than 18 months after the date of
enactment, DOL would be required under this section to
conduct an assessment of the performance of the grant
recipients, DVOPS, and LVERs in carrying out activities under
this section. Section 8 also would authorize
appropriations of $4,500,000 for each of Fiscal Years 2012
and 2013.
House Bill
The House Bill contains no similar provision.
Compromise Agreement
Section 234 of the Compromise Agreement generally follows
the Senate Bill with the addition of the Senate Committee on
Health, Education, Labor, and Pension and House Committee on
Education and Workforce to the list of Committees that DOL is
required to submit the assessment required under subsection
(d)(2).
APPOINTMENT OF HONORABLY DISCHARGED MEMBERS AND OTHER EMPLOYMENT
ASSISTANCE
Current Law
Chapter 33 of title 5, U.S.C., sets forth the examination,
certification, and appointment process for individuals
seeking to enter the civil and competitive services in the
Executive branch. The Veterans Recruitment Act authorizes
non-competitive appointment for eligible veterans to
positions up to the GS-11 level, or equivalent. The Veterans
Employment Opportunities Act (VEOA) can be used to appoint
those entitled to veterans' preference or veterans who have
at least 3 years of active military service to permanent
positions in the competitive civil service. Under sections
2108 and 3309(1) of title 5, U.S.C., a veteran must have a
disability rating to establish ten-point preference
eligibility for a service-connected disability.
Senate Bill
Section 10 of S. 951, as reported, would amend chapter 33
of title 5, U.S.C., by creating a new section, 3330d, which
would allow the head of an Executive agency to appoint an
honorably discharged servicemember to a position in the civil
service, without regard to certain civil service authorities,
within the 180 days following such member's separation from
service.
Section 10 would also require the Office of Personnel
Management (OPM) to designate agencies to establish a program
to provide employment assistance to members of the Armed
Forces who are being separated from active duty and to ensure
such programs are coordinated with TAP. Each designated
agency would be required to consult with OPM and act through
its Veterans Employment and Placement Office (VEPO) in order
to establish the employment assistance program, which would
include assistance to members of the Armed Forces seeking
employment with that agency. Under the program, the agency
would also provide servicemembers with information regarding
its employment assistance program and would promote the
recruitment, hiring, training and development, and retention
of such servicemembers and veterans by the agency. If a
designated agency does not have a VEPO, the agency would be
required to select an appropriate office of the agency to
carry out the employment assistance program.
House Bill
The House Bill contains no similar provision.
Compromise Agreement
Section 235 of the Compromise Agreement generally follows
the Senate Bill with modifications. The Committees expect
that enactment of this section would further support
servicemembers' seamless transition from the Armed Forces
into the civil service by granting veteran preference prior
to discharge. The Committees also recognize that certain
servicemembers are unable to receive a ten-point preference
because of VA's lengthy claims processing system and
achieving the ten-point preference granted to disabled
veterans will smooth the transition to civilian life.
The agreement strikes all of subsection (a) of S. 951, as
reported, regarding agency authority to directly appoint
veterans within 180 days of separation from the military and
inserts new language that amends section 2108 of title 5,
U.S.C., that allows a servicemember to submit paperwork to
Federal hiring managers to certify that they expect to be
discharged under honorable conditions. This certification
would allow the hiring manager to consider the servicemember
as a veteran who qualifies for veteran preference for the
purpose of a competitive appointment to a civil service job.
A similar certification would be authorized for disabled
veterans. Servicemembers would be permitted to submit these
certifications to hiring managers within 120 days of their
discharge. Section 235(b) of the Compromise Agreement follows
subsection 10(b) of S. 951, as reported.
A seamless transition from military service to a Federal
job opening benefits not only servicemembers, but also the
Federal Government. It means that a servicemember can
potentially leverage the skills he or she gained while on
active duty and apply them as a member of the civil service.
The Federal Government benefits from hiring veterans as it
allows the Federal Government to continue to receive services
from individuals in whom the Federal Government has already
invested resources for training. Additionally, this allows
the Federal Government to employ individuals with a proven
history in Federal service.
DEPARTMENT OF DEFENSE PILOT PROGRAM ON WORK EXPERIENCE FOR MEMBERS OF
THE ARMED FORCES ON TERMINAL LEAVE
Current Law
There is no current statute that provides outside work
experience to members of the Armed Forces on terminal leave.
Senate Bill
Section 12 of S. 951, as reported, would authorize DOD to
establish a pilot program to assess the feasibility and
advisability of providing to certain servicemembers on
terminal leave work experience with civilian employees and
contractors of DOD. The program would facilitate a covered
servicemember's transition from active duty into the civilian
labor market.
Under this section, an eligible servicemember would be any
individual who (1) is a member of the Armed Forces; (2) DOD
expects to be discharged or separated from service in the
Armed Forces and is on terminal leave; (3) DOD determines has
skills that can be used to provide services to DOD that are
considered critical to the success of its mission; and (4)
DOD determines might benefit from exposure to the civilian
work environment in order to facilitate the individual's
transition from service in the Armed Forces to employment in
the civilian labor market. The pilot program would be carried
out during the two-year period beginning on the date of the
commencement of the pilot program.
Not later than 540 days after the date of the enactment of
this section, DOD would be required to submit to the
Committee on Armed Services and the Committee on Veterans'
Affairs of the Senate, and to the Committee on Armed Services
and the Committee on Veterans' Affairs of the House of
Representatives, a report on the pilot program. The report
would include the findings of DOD with respect to the
feasibility and advisability of providing such work
experience to qualifying servicemembers.
House Bill
The House Bill contains no similar provision.
Compromise Agreement
Section 236 of the Compromise Agreement generally follows
the Senate Bill. The Committees believe these servicemembers
could benefit from being given access to outside work
experience while technically still on active duty. The
Committees hope this opportunity will better prepare the
servicemember for their transition to civilian life.
ENHANCEMENT OF DEMONSTRATION PROJECT ON CREDENTIALING AND LICENSING OF
VETERANS
Current Law
Under current law, section 4114 of title 38, U.S.C., DOL,
through the Assistant Secretary of Veterans Employment and
Training (ASVET), is authorized to carry out a demonstration
project on credentialing for the purpose of facilitating the
seamless transition of servicemembers from active duty to
civilian employment. The section provides for the selection
of not less than ten MOSs for purposes of the demonstration
project. The selected specialties must involve a skill or set
of skills required for civilian employment in an industry
with high growth or high worker demand.
After selection of the ten MOSs, DOL is required to consult
with Federal, State, and industry stakeholders to identify
requirements for civilian credentials, certifications, and
licenses that require a skill or set of skills also required
by an MOS selected under this section. DOL must analyze these
requirements to determine which may be satisfied by the
skills, training, or experience acquired by servicemembers
with the applicable MOS.
Following this determination, DOL is required to cooperate
with the appropriate government and industry stakeholders to
reduce or eliminate any barriers to providing a civilian
credential, certification, or license to a veteran who
acquired any skill, training, or experience while serving as
a member of the Armed Forces with an MOS selected
[[Page H7656]]
under this section that satisfies the Federal and State
requirements for the credential, certification, or license.
This program was never carried out because funding for the
pilot program was authorized only by using unobligated funds
for the administration of job counseling, training, and
placement services for veterans under section 4106 of title
38, U.S.C.
Senate Bill
Section 13 of S. 951, as reported, would amend section 4114
by mandating that DOL carry out the demonstration project on
credentialing. Section 4114 would also be amended to require
that the ASVET act in consultation with the Assistant
Secretary for Employment and Training when selecting the
specialties. The number of specialties to be selected would
also be reduced from ten to five.
The section would also strike subsections (d) through (h)
of section 4114, concerning a task force, consultation,
contract authority, and duration of the program described
under current law. New subsection (d) would require the
demonstration project to be carried out within a two-year
period beginning on the date of the enactment of this
section.
Section 13 would also require, not later than 180 days
after the enactment of the Senate Bills, which the ASVET, in
consultation with DOD and VA, study the costs incurred by DOD
to train servicemembers for MOSs compared to those incurred
by VA and DOL for employment-related assistance to veterans.
The study would include an analysis of the costs incurred by
VA to provide educational assistance to veterans regarding
civilian credentialing and licensing and the costs associated
with assistance, vocational training, and counseling to
unemployed veterans who were trained in an MOS.
Within the 180-day period after the enactment of the Senate
Bill, the ASVET would also be required to submit to Congress
a report on the study carried out. Required provisions of the
report would include the findings of the Assistant Secretary
with respect to the study and an estimate of the savings that
would be realized by VA and DOL if DOD were to tailor its MOS
training(s) to satisfy Federal, State, and/or local
requirements for certain credentials, certifications, or
licenses.
House Bill
Section 301 of H.R. 2433 amends section 4114 of title 38,
United States Code, to reauthorize the demonstration project
and direct the DOL to conduct a study in cooperation with an
association of state governors on five to ten military
occupations to determine barriers to transitioning those
skills to civilian employment and authorizes $180,000 per
year to fund the program through September 30, 2014, and sets
reporting requirements.
Compromise Agreement
Section 237 of the Compromise Agreement contains provisions
from both the Senate and House Bills. Subsection (a)
generally follows the House Bill by reauthorizing the
demonstration project and requires that the study be
conducted in cooperation with an association of state
governors. The agreement also limits the number of MOS's to
be studied to not more than five. Subsection (b) of this
section adopt a modified version of the Senate Bill by
removing the language that assumes that the Federal
Government would experience savings if DOD were to tailor its
MOS training(s) to satisfy Federal, State, and/or local
requirements for certain credentials, certifications, or
licenses.
DOD has the largest training program in the world, training
servicemembers in hundreds of occupations. While many of
these occupations center on combat-related duties, the vast
majority train servicemembers in support roles, many of which
are closely related to skills required in civilian
occupations.
Despite that close relationship, the Committees' have found
that servicemembers find it difficult to transition directly
into equivalent civilian occupations. There are many reasons
for this, but chief among those reasons is the plethora of
vastly differing State laws and regulations that directly
impede that transition.
The Committees believes that it is vital to engage the
States in an effort to standardize laws and regulations, even
on a limited basis, in an effort to smooth servicemembers'
transition to civilian employment and retain the value of
taxpayer investment in the military training program. The
Committees also recognize that an unregulated transition for
some specialties may not be achievable, but expects DOL to
select military specialties ranging from those that are
easier to transition from, to those that are more difficult.
INCLUSION OF PERFORMANCE MEASURES IN ANNUAL REPORT ON VETERAN JOB
COUNSELING, TRAINING, AND PLACEMENT PROGRAMS OF THE DEPARTMENT OF LABOR
Current Law
Under Section 4107(c) of title 38, U.S.C., VETS is required
to provide Congress with an annual report on the activities
of the VETS and some performance measure on the state grant
program that provides funding for DVOPS and LVERs. VETS is
required under the report to provide the number of veterans
who were served by states and various other demographic
information.
Senate Bill
The Senate Bill does not contain a similar provision.
House Bill
Section 302 of H.R. 2433, as amended, amends section
4107(c) by adding a new paragraph that requires that VETS
submit, in its annual report to Congress, certain employment/
education/training-related data for veterans placed in jobs
by DVOPS and LVERs under the State Grant Program.
Compromise Agreement
Section 238 of the Compromise Agreement generally follows
the House Bill. VETS currently funds the salaries and
expenses of DVOPS and LVERs at a cost of over $165 million
per year. Unfortunately, there is little statistical
accountability built into the system to determine if this
funding, objectively, leads to effective results. Changes
include modifying the timeline of when VETS needs to follow
up with the veteran on their employment status and earnings.
These modifications were made to better align this section
with DOL's current reporting of performance data from states.
The Committees hope this section will provide much needed
transparency on this critical program and help promote more
effective services to unemployed veterans.
CLARIFICATION OF PRIORITY OF SERVICE FOR VETERANS IN DEPARTMENT OF
LABOR TRAINING PROGRAMS
Current Law
Section 2 of the Jobs for Veterans Act, P.L. 107-288,
required DOL to give veterans, and certain spouses of
veterans, priority of service in all DOL training programs
for which the veteran or spouse would otherwise qualify.
DOL's interpretation of this requirement is to use the
proportion of representation of veterans in training programs
versus the general veteran population as a basis for
determining that the priority of service requirement of
section 4215 of title 38, U.S.C, is met.
Senate Bill
The Senate Bill does not contain a similar provision.
House Bill
Section 239 of H.R. 2433, as amended, would amend section
4215 of title 38, U.S.C., to clarify the law to ensure that
veterans are indeed receiving the priority of service
envisioned in P.L. 107-288. The section also requires a new
section to the VETS annual report, required under section
4107(c) U.S.C., which will track this priority of service at
the local level. The section also clarifies that DOL may not
use the proportion of representation of veterans in training
programs vs. the general veteran population as a basis for
determining that the priority of service requirement of
section 4215 of title 38, U.S.C, is met.
Compromise Agreement
Section 309 of the Compromise Agreement follows the House
Bill. The Committees note that there are at least 24 job
training programs operated under the Workforce Investment Act
(WIA) for which veterans should have priority. Based on DOL
statistics, it appears that DOL interprets the priority of
service requirement to be met if veterans and other covered
persons are shown to be participating in a DOL training
program at a percentage roughly equal to the percentage of
veterans in the general population (around nine to ten
percent). The Committees believe such a proportion-based
approach fails to meet both the letter and spirit of the law.
While DOL indicates that veterans comprise about eight
percent of WIA participants, most WIA programs fall well
short of the rate. Therefore, the Committees believe that
priority of service must be quantified using the number of
qualified veteran applicants and the number trained relative
to the total program participants.
EVALUATION OF INDIVIDUALS RECEIVING TRAINING AT THE NATIONAL VETERANS'
EMPLOYMENT AND TRAINING SERVICES INSTITUTE
Current Law
Section 4109 of title 38, U.S.C, establishes the National
Veterans Employment and Training Services Institute (NVTI) to
provide standardized training to DVOPS and LVERs in how to
assist veterans and disabled veteran in obtaining meaningful
employment. However, there is no statutory requirement that
DVOPS and LVERs satisfactorily complete the course of
training or that the employing State agency be informed of an
employee's performance at NVTI.
Senate Bill
The Senate Bill does not contain a similar provision.
House Bill
Section 304 of H.R. 2433, as amended, would require that at
the completion of their training at NVTI, each trainee would
be required to take a final examination based on the training
at NVTI. The results of this examination would then be sent
to the organization or group that sponsored the trainee's
attendance at NVTI.
Compromise Agreement
Section 240 of the Compromise Agreement follows the House
Bill with a small modification that the results of the
examination be provided to the organization or group that
sponsored the trainee's attendance at NVTI, but that the
results not be listed as passing or failing. However, the
Committees strongly believe that the information provided to
the state or agency should indicate whether the student's
performance on the exam meets minimum standards and that a
minimal grade should be included. Under the Compromise
Agreement the requirements of the section shall not be
enforced until 180 days following the passage of the
Compromise Agreement.
REQUIREMENTS FOR FULL-TIME DISABLED VETERANS OUTREACH PROGRAM
SPECIALISTS AND LOCAL VETERANS EMPLOYMENT REPRESENTATIVES
Current Law
[[Page H7657]]
There is no current statutory requirement that full time
DVOPS and LVERs only provide services to veterans and not
non-veterans.
Senate Bill
The Senate Bill does not contain a similar provision.
House Bill
Section 305 of H.R. 2433, as amended, amends sections 4103A
and 4104 of title 38 U.SC., to require that full-time DVOPS
and LVERs perform only duties related to providing employment
assistance to veterans. Section 305 also requires that VETS
conduct regular audits to ensure compliance with these
requirements and authorizes VETS to reduce the amount of
assistance paid to a state to fund DVOPS and LVERs if the
state is not in compliance with this section.
Compromise Agreement
Section 241 of the Compromise Agreement generally follows
the House Bill. The Committees continue to hear that
unemployment center managers divert DVOPs and LVERs to non-
veterans related work. This practice obviously negatively
impacts the amount of time that veterans unemployment
specialists can spend on serving veterans. The agreement
amends the provision to ensure that DVOPS and LVERs are
allowed to provide, minor, non-substantive support to non-
veterans. The Compromise Agreement also gives Governors the
option of consolidating DVOP and LVER positions into one job
as long as they certify to DOL that no services to veterans
will be reduced as part of the consolidation. The Committees
expect VETS to provide clear guidance to the states as to
what constitutes minor, non-substantive services. The
agreement further requires that DOL approve of Governor's
consolidation plan. The Committees believe that in a time of
fiscal restraint, flexibility in providing service to
veterans so long as services do not deteriorate is
appropriate. For example, at smaller employer center there
may be only one part-time DVOP and one part-time LVER. This
provision would permit the consolidation of those two
positions into one, thereby reducing administrative overhead
while not affecting quality of service to veterans.
Subtitle D--Improvments to Uniformed Services Employment and
Reemployment Rights
CLARIFICATION OF BENEFITS OF EMPLOYMENT COVERED UNDER USERRA
Current Law
Section 4303 of title 38 U.S.C, for the purposes of the
protections under the Uniformed Services Employment and
Reemployment Right Act (USERRA), defines `benefit,' `benefit
of employment,' or `rights and benefits'.
Senate Bill
The Senate Bill does not contain a similar provision.
House Bill
Section 401 of H.R. 2433, as amended, would expand the
definition of `benefit,' `benefit of employment,' or `rights
and benefits' to include the right not to suffer workplace
harassment or the creation of a hostile work environment by
including, `the terms, conditions, or privileges of
employment,' to conform USERRA with the Supreme Court's
decision in Mentor Savings Bank vs. Vinson, 477 U.S. 57, 63-
66 (1986) and DOL's request for such change in its annual
report on USERRA.
Compromise Agreement
Section 251 of the Compromise Agreement follows the House
Bill.
Subtitle E--Others Matters
EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS COVERED BY MEDICAID
PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES
Current Law
P.L. 101-508, the Omnibus Budget Reconciliation Act of
1990, reduced VA pension for certain veterans in receipt of
Medicaid-covered nursing home care to no more than $90 per
month, for any period after the month of admission to the
nursing care facility. This authority expired on September
30, 1992, but has been extended several times, most recently
through May 31, 2015, in the Veterans' Benefit Act of 2010.
Senate Bill
The Senate Bill does not contain a similar provision.
House Bill
Section 507 of H.R. 2433, as amended, would amend section
5503(d)(7) of title 38 U.S.C., to extend the authority for
limitation of VA pension to $90 per month for certain
beneficiaries receiving Medicaid-covered nursing home care
from May 31, 2015.
Compromise Agreement
Section 262 of the Compromise Agreement follows the House
Bill, except that the limitation would be extended until
September 30, 2016 and not May 31, 2016.
REIMBURSEMENT RATE FOR AMBULANCE SERVICES
Current Law
Under section 111 of title 38, U.S.C., VA is authorized to
reimburse certain veterans for their transportation by
ambulance to and from VA medical facilities based on the
'actual necessary expense.'
Senate Bill
The Senate Bill does not contain a similar provision.
House Bill
Section 504 of H.R. 2433, as amended, would amend section
111(b)(3) of title 38, U.S.C., by adding a new subparagraph
(C), which would authorize VA to pay the lesser of the actual
amount charged by the ambulance provider or the applicable
amount in the Medicare fee schedule for ambulance services,
unless VA has entered into a contract for such transportation
with the provider.
Compromise Agreement
Section 263 of the Compromise Agreement follows the House
Bill.
EXTENSION OF AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO OBTAIN
INFORMATION FROM SECRTARY OF TREASURY AND COMMISSIONER OF SOCIAL
SECURITY FOR INCOME VERIFICATION PURPOSES
Current Law
Section 6103(1)(7)(D)(viii) of title 26, U.S.C., authorizes
the release of certain income information by the Internal
Revenue Service (IRS) or the Social Security Administration
(SSA) to VA for the purposes of verifying the incomes of
applicants for VA needs-based benefits. Section 5317(g) of
title 38, U.S.C., provides VA with temporary authority to
obtain and use this information. Under current law, this
authority expires on November 18, 2011.
Senate Bill
The Senate Bill does not contain a similar provision.
House Bill
The House Bill does not contain a similar provision.
Compromise Agreement
Section 264 of the Compromise Agreement extends the
authority under section 5317(g) to authorize the release of
certain income information by IRS or the SSA to VA for the
purposes of verifying the incomes of applicants for VA needs-
based non-service connected pension benefits through
September 30, 2016. The Committees note that this extension
was also included in section 3(c) of H.R. 2349, as amended,
which passed the House on October 11, 2011, and section 708
of S. 914, as reported by the Senate Committee on June 29,
2011.
MODIFICATION OF LOAN GUARANTY FEE FOR CERTAIN SUBSEQUENT LOANS
Current Law
Section 3729(b)(2) of title 38, U.S.C., sets forth a loan
fee table that lists funding fees to be paid by
beneficiaries, expressed as a percentage of the loan amount,
for different types of loans guaranteed by VA. Funding fee
rates have varied over the years, but with one exception,
have remained constant since 2004. All funding fee rates are
set to be reduced on November 18, 2011.
Senate Bill
Section 15 of S. 951 would amend the fee schedule set forth
in section 3729(b)(2) of title 38 U.S.C., by extending VA's
authority to collect certain fees and by adjusting the amount
of the fees. Specifically, the section would amend-section
3729(b)(2)(B)(ii) by striking `January 1, 2004, and before
October 1, 2011' and inserting `October 1, 2011, and before
October 1, 2014,' and by striking `3.30' both places it
appears and inserting `3.00.'
The section would also amend section 3729(b)(2)(B)(i) by
striking `January 1, 2004' and inserting `October 1, 2011'
and by striking `3.00' both places it appears and inserting
`3.30.' The section would also strike clause (iii) and re-
designate clause (iv) as clause (iii). Clause (iii), as
redesignated, would be amended by striking `October 1, 2013'
and inserting `October 1, 2014.'
House Bill
Section 501 of H.R. 2433, as amended, would amend the fee
schedule set forth in section 3729(b)(2) of title 38 U.S.C.,
by extending VA's authority to collect certain fees and by
adjusting the amount of the fees. Specifically, the section
would amend section 3729(b)(2)(A)(iii) and 3729(b)(2)(A)(iv)
by striking `November 18, 2011', and inserting `October 1,
2017'.
The section would also amend section 3729(b)(2)(B)(i) by
striking `November 18, 2011' and inserting `October 1, 2017'.
The section would also strike clauses (ii) and (iii) and
redesignate clause (iv) as clause (ii). Clause (ii), as re-
designated, would be amended by striking `October 1, 2013'
and inserting `October 1, 2017.' The section would also amend
section 3729(b)(2)(C)(i) and 3729(b)(2)(C)(ii) by striking
`November 18, 2011' and inserting `October 1, 2017'. Finally,
the section would also amend section 3729(b)(2)(D)(i) and
3729(b)(2)(D)(ii) by striking `November 18, 2011' and
inserting `October 1, 2017'.
Compromise Agreement
Section 265 of the Compromise Agreement follows the House
Bill except that instead of inserting `October 1, 2017' for
the various extensions the agreement inserts `October 1,
2016'.
TITLE V--BUDGETARY EFFECTS
STATUTORY PAY-AS-YOU-GO ACT OF 2010
Current Law
P.L. 111-139, the Statutory Pay-As-You-Go Act (PAYGO Act),
requires that most new spending is offset by spending cuts or
added revenue elsewhere.
Senate Bill
The Senate Bill does not contain a similar provision.
House Bill
Section 507 of H.R. 2433, as amended, contains language
required by the PAYGO Act in order for the estimate of
budgetary effect from the House Budget Committee to be used
by the Office of Management and Budget on PAYGO scorecards.
Compromise Agreement
Section 501 of the compromise agreement follows the House
Bill.
{time} 1330
Mr. LEVIN. I yield 2 minutes to the gentleman from Pennsylvania (Mr.
Altmire).
Mr. ALTMIRE. Madam Speaker, I spoke in favor of repealing the 3
percent withholding provision when it
[[Page H7658]]
passed the House just last month, and I am pleased the Senate has not
only passed it but has added important provisions to help our brave men
and women in uniform find work when they return home.
The amended bill provides retraining assistance to unemployed
veterans as well as tax credits to businesses that hire unemployed
veterans, which is a segment of our population that has been especially
hard-hit by our sluggish economy. An estimated 12 percent of veterans
who have served since the attacks of September 11 are unemployed. This
is far above the national average and is not what our Nation's heroes
deserve.
Our servicemembers have gone above and beyond for their country, and
this legislation is one way for Congress to honor their sacrifice and
to help them succeed here at home. I strongly support this legislation
and urge my colleagues to vote in its favor.
Mr. HERGER. Madam Speaker, I yield 2 minutes to the gentleman from
South Carolina (Mr. Mulvaney), the chairman of the Small Business
Subcommittee on Contracting and Workforce.
Mr. MULVANEY. Last week I came to this floor and stood in the well
and called upon the Senate to do something, which was to take up this
bill--this bill that had passed out of our subcommittee with tremendous
bipartisan support and that passed out of this House with bipartisan
support. It's something that went practically unnoticed nationwide,
especially in the media.
I ask the Senate to simply take this bill up because it was not only
something that the House had supported on a bipartisan basis, but it
was something that was actually part of the President's jobs bill as
well. So, in the name of doing the right thing, I come to the House
floor to thank the Senate for actually doing that. While they're at it,
they might want to take this opportunity to take up the other 19 jobs
bills that we've sent them over the course of the last several months.
The Senate has done the right thing here. They've taken up a bill
that the House has sent them, a bill that will actually give people the
opportunity to go back to work. What has happened is that both parties
have come together to try and figure out ways to give folks exactly
that opportunity. That same possibility exists another 19 times over in
the Senate. The Senate has done the right thing with this bill by
passing it and by sending it back to us. It's going to become law now.
I call upon the Senate to please do the right thing again and take up
the 19 bills that we have sent over so that we will have the
opportunity to do this again before the end of the year.
Mr. LEVIN. Madam Speaker, I yield myself 15 seconds.
The problem is that the 19 bills weren't real jobs bills. So now what
the Senate has sent us back is an addition that is a real jobs bill,
though not comprehensive.
I now yield 2 minutes to the gentlelady from New York (Mrs. Maloney).
Mrs. MALONEY. I thank the gentleman for his leadership, not only on
the committee but in so many ways in this Congress, and for yielding me
time.
Madam Speaker, I rise in strong support of H.R. 674 and of the
President's veterans jobs bill.
The 3 percent withholding repeal is very important on its own. This
was an important bill that will help small business contractors who
would have experienced significant cash flow problems for day-to-day
operations had the withholding tax gone into effect. It also provides
important tax credits to encourage more employers to hire our veterans
who are out of work. Well over 12 percent of our returning veterans are
out of work. This bill provides additional education and job training
for veterans to gain additional skills and to be successful in an
increasingly competitive job market, and it takes important steps to
help ease the transition between military service and the civilian
workforce.
I am pleased that we are working together to repeal this tax burden
and help our veterans in a comprehensive way during these tough
economic times. I am pleased that this portion of the President's jobs
bill is being enacted today. I thank all who are supporting it.
Mr. HERGER. Madam Speaker, I have no further requests for time, and I
reserve the balance of my time.
Mr. LEVIN. I now, with pleasure, yield 2 minutes to the gentleman
from Georgia (Mr. Bishop).
(Mr. BISHOP of Georgia asked and was given permission to revise and
extend his remarks.)
Mr. BISHOP of Georgia. I thank the distinguished gentleman for
yielding.
Madam Speaker, I would like to thank the Democratic and Republican
leadership in both the House and the Senate for their timely
consideration of the VOW to Hire Heroes Act of 2011.
As the House sponsor of the Hiring Heroes Act provisions that are in
the bill, I would also like to thank the chairmen and ranking members
of the House and Senate Veterans' Affairs Committees for their
outstanding work on this jobs measure, as well as to thank the chairs
and ranking members of the House Ways and Means Committee.
Just as this Nation has a responsibility not to leave our soldiers
behind on the battlefield, we also have an obligation not to forget our
veterans when they return home.
Last month the unemployment rate for veterans who fought in Iraq and
Afghanistan was 12 percent. The youngest of veterans, ages 18 to 24,
had a 30 percent unemployment rate in October. Among African American
veterans aged 18 to 24, the jobless rate is a striking 48 percent.
These numbers, Madam Speaker, are unacceptable. H.R. 674 allows us to
honor our veterans by ensuring that they have the resources and the
tools they need to find suitable and sustainable employment.
I urge my colleagues to support H.R. 674 and to provide our Nation's
veterans with the employment opportunities that they need and so
rightly deserve.
Madam Speaker, as the House sponsor of the Hiring Heroes provisions
in this bill, I would be remiss if I did not also thank House Veterans'
Affairs Committee Chair Jeff Miller; House Veterans' Affairs Committee
Ranking Member Bob Filner; Senate Veterans' Affairs Committee Chair
Patty Murray; and Senate Veterans' Affairs Committee Ranking Member
Richard Burr for their outstanding work on this comprehensive 1
veterans' jobs measure.
Last week as America celebrated Veterans' Day, patriots all across
our great nation honored our brave veterans with parades, luncheons,
and other ceremonies of remembrance. The many sacrifices members of our
Armed Services have made for the freedoms we currently enjoy certainly
warrants a national day of recognition and so much more.
Our patriotic service members have been instrumental in building and
defending our democracy. We, as a nation, have a responsibility to pay
tribute to them and preserve the memory of their service in our history
and in our hearts and minds.
Just as this nation has a responsibility not to leave our soldiers
behind on the battlefield, we also must not forget our veterans when
they return home. In many respects, our soldiers need our help even
more when they receive their discharge papers and return to civilian
life.
Last month, the unemployment rate for veterans who fought in Iraq and
Afghanistan was 12.1 percent versus 9.1 percent for the U.S. overall.
The youngest of veterans, age 18 to 24, had a 30.4 percent unemployment
rate in October, an increase from 18.4 percent a year earlier. Among
black veterans age 18 to 24, the jobless rate is a striking 48 percent.
These numbers are unacceptable.
H.R. 674 allows us to honor our veterans by ensuring they have the
resources and tools they need to find suitable and sustainable
employment.
This wide-ranging legislation combines key components of President
Obama's American Jobs Act, Chairman Miller's Veterans Opportunity to
Work Act, and the Hiring Heroes Act. I sponsored the bipartisan Hiring
Heroes Act in the House and Senator Patty Murray introduced the measure
in the Senate.
The bipartisan Hiring Heroes Act provisions included in this
legislation will ensure that all service members transitioning to
civilian life receive the job training skills they need to find a job.
This legislation allows service members to begin the federal employment
process prior to separation in order to facilitate a smooth transition
from the military to jobs at the Departments of Veterans Affairs,
Homeland Security, and other federal agencies in need of our veterans.
This bill also makes the Transition Assistance Program--an
interagency workshop coordinated by the Departments of Defense, Labor
and Veterans Affairs--mandatory for service members moving on to
civilian life.
[[Page H7659]]
This initiative helps veterans secure 21st Century jobs by providing
resume writing workshops, job search techniques, interview tips, and
career counseling.
Other provisions in the VOW to Hire Heroes Act will provide nearly
100,000 unemployed veterans with up to one-year of additional
Montgomery GI Bill benefits to qualify for jobs in high demand sectors.
In addition, the legislation provides tax incentives of up to $5,600
for hiring veterans, and up to $9,600 for hiring disabled veterans, if
the veteran has been looking for work for six months or longer.
Madam Speaker, we have an obligation to ensure our veterans land on
their feet when they come home and help them find good paying jobs to
support their families. These heroes have risked the most for our
country. They shouldn't be coming home to unemployment checks. That's
why providing this support to our nation's veterans is simply the right
thing to do, and I look forward to voting in favor of this
comprehensive veterans' employment initiative.
I urge my colleagues to support H.R. 674 and to provide our nation's
veterans with the employment assistance opportunities that they need
and so rightly deserve.
Mr. HERGER. I continue to reserve the balance of my time.
Mr. LEVIN. Madam Speaker, I yield myself the balance of my time.
It can be stated very briefly.
The unemployment rate for veterans is beyond acceptance, and these
bills hopefully will help. We need to pass more comprehensive
legislation so that everybody has a chance at a job. For those who are
unemployed and looking for work, we need to act so that, by next
February, 2 million people will not be left without unemployment
insurance.
But again, these provisions added by the Senate, provisions that were
part of the President's bill, will help to address this simply
inappropriate, unacceptable, unsatisfactory rate of employment and
reemployment for people who have served our country so loyally and so
well. So I support this bill and urge its passage.
I yield back the balance of my time.
Mr. HERGER. Madam Speaker, I yield myself such time as I may consume.
Today we have an opportunity to encourage job creation by repealing a
tax that's looming over small businesses and also to improve economic
opportunities for the men and women who have risked their lives and
limbs to serve our country in the Armed Forces.
I urge a strong bipartisan vote for this legislation, and I yield
back the balance of my time.
Chamber of Commerce of the
United States of America,
Washington, DC, November 14, 2011.
To the Members of the United States House of
Representatives: The U.S. Chamber of Commerce, the world's
largest business federation representing the interests of
more than three million members and organizations of every
size, sector, and region, strongly urges you to support H.R.
674 as amended, which would fully repeal the burdensome 3%
Withholding Tax mandate enacted in Section 511 of the Tax
Increase Prevention and Reconciliation Act of 2005 (P.L. 109-
222).
H.R. 674 was approved with overwhelming bipartisan support
in the U.S. Senate last week. The Senate passed bill adds
language to make a technical clarification regarding the
existing federal levy program in order to conform to
congressional intent and directly address tax delinquency.
H.R. 674 originally passed in the U.S. House of
Representatives by a vote of 405 to 16 and is supported by
the Administration. Given the substantial bipartisan,
bicameral support for repealing the 3% withholding tax
mandate, the Chamber urges the House to expeditiously approve
H.R. 674 as amended to give greater certainty to those
impacted.
Unless repealed before it takes effect on January 1, 2013,
the 3% Withholding Tax will have a dramatic, negative impact
on millions of honest taxpaying businesses as well as state
and local governments. Under this provision, the Internal
Revenue Service (IRS) was given new broad sweeping authority
to hold hostage 3% of nearly every transaction between the
public and private sector--giving the federal government an
interest free loan on the backs of many honest taxpayers.
This mandate is also anti-stimulus in the sense that it
removes money from local economies and sends it to the IRS.
Additionally, the profit margin for many businesses is
often less than 3%, meaning that the withholding tax will
create significant cash flow problems for day-to-day
operations as well as draining capital that could be used for
job creation and business expansion. The 3% Withholding Tax
will also drive opportunities away from small businesses as
governments look to consolidate their purchasing with larger
companies to make it less onerous to comply with the mandate.
During these difficult economic times, Congress should be
pursuing policies that encourage, not hamper, business growth
and job creation in the private sector.
The U.S. Chamber of Commerce strongly supports H.R. 674 as
amended, to fully repeal the 3% Withholding Tax, and urges
you to approve this important legislation and send it to the
President for his signature.
Sincerely,
R. Bruce Josten.
____
Government Withholding
Relief Coalition,
Washington, DC, November 14, 2011.
To the Members of the United States House of
Representatives: The Government Withholding Relief Coalition
and its member organizations strongly urge you to vote for
H.R. 674 as amended, bipartisan legislation to fully repeal
the burdensome 3% Withholding Tax mandate enacted in Section
511 of the Tax Increase Prevention and Reconciliation Act of
2005 (P.L. 109-222).
On November 10, 2011, the U.S. Senate emphatically endorsed
repeal by approving H.R. 674 as amended by a vote of 95 to 0.
The Senate amendment clarifies the existing federal levy
program in order to conform to congressional intent and
directly address tax delinquency. The Government Withholding
Relief Coalition supports this targeted approach that, unlike
the 3% Withholding Tax, will not negatively affect honest
taxpayers and state and local governments. The underlying
bill to repeal the 3% Withholding Tax mandate passed in the
U.S. House of Representatives by a vote of 405 to 16 last
month. The Administration has endorsed repealing this onerous
burden as well. Given the overwhelming bipartisan, bicameral
support and the endorsement of the Administration, we call on
the House to act expeditiously to approve H.R. 674 as amended
to give certainty to those impacted--businesses, doctors,
farmers, state and local governments and colleges and
universities.
Unless repealed before it takes effect on January 1, 2013,
the 3% Withholding Tax will have a dramatic, negative impact
on millions of honest taxpaying businesses as well as state
and local governments, health care providers, farmers and
colleges and universities. The profit margin for many
businesses is often less than 3%, meaning that the
withholding tax will create significant cash flow problems
for day-to-day operations as well as draining capital that
could be used for job creation and business expansion. This
mandate is also anti-stimulus in the sense that it removes
money from local economies and sends it to the IRS.
The mandate is already proving costly and will increase
exponentially as the implementation deadline moves closer. If
this mandate is not repealed, it will cost companies and
governments at all levels substantial amounts of money just
to prepare to comply with this unnecessary and unfortunate
tax provision. These exorbitant expenditures will be at the
expense of hiring new employees, expanding businesses, and
providing government services at a time when neither the
public nor private sector can afford such unnecessary costs.
The Government Withholding Relief Coalition, which
represents all sectors of the economy, believes it is
imperative that the 3% Withholding Tax be fully repealed to
limit the damaging impacts to our economy. We appreciate
bipartisan efforts to repeal it and strongly encourage you to
vote for H.R. 674 as amended, to fully repeal the 3%
Withholding Tax once and for all.
Sincerely,
Government Withholding Relief Coalition.
Aeronautical Repair Station Association; Aerospace
Industries Association; Air Conditioning Contractors of
America; Air Transport Association; Airports Council
International-North America; America's Health Insurance
Plans; American Ambulance Association; American Bankers
Association; American Bus Association; American Clinical
Laboratory Association; American Concrete Pressure Pipe
Association; American Congress on Surveying and Mapping;
American Council of Engineering Companies; American Dental
Association; American Gas Association; American Health Care
Association; American Institute of Architects; American
Institute of Certified Public Accountants; American Logistics
Association; American Medical Association.
American Moving and Storage Association; American Nursery
and Landscape Association; American Road & Transportation
Builders Association; American Society of Civil Engineers;
American Society of Landscape Architects; American
Subcontractors Association; American Supply Association;
American Traffic Safety Services Association; American
Trucking Associations; Armed Forces Marketing Council;
Associated Builders and Contractors; Associated Equipment
Distributors; Associated General Contractors of America;
Association of Management Consulting Firms; Association of
National Account Executives; Association of School Business
Officials International; Baltimore Washington Corridor
Chamber; Biotechnology Industry Organization; Business and
Institutional Furniture Manufacturers Association; CTIA-The
Wireless AssociationTM; California Association of
Public Purchasing Officers.
Coalition for Government Procurement; Coalition of Higher
Education Assistance Organizations; Colorado Motor Carriers
Association; Computing Technology Industry Association;
Construction CPAs/Consultants Association (CICPAC);
Construction Contractors Association; Construction Employers'
Association of California; Construction
[[Page H7660]]
Financial Management Association; Construction Industry Round
Table; Construction Management Association of America; Design
Professionals Coalition; Edison Electric Institute;
Electronic Security Association; Engineering & Utility
Contractors Association; Federation of American Hospitals;
Financial Executives International; Finishing Contractors
Association; Gold Coast Hispanic Chamber of Commerce;
Government Finance Officers Association; Hawaii
Transportation Association.
Heating, Airconditioning & Refrigeration Distributors
International; IPC--Association Connecting Electronics
Industries; Independent Electrical Contractors, Inc;
International City/County Management Association;
International Council of Employers of Bricklayers and Allied
Craftworkers; International Foodservice Distributors
Association; International Municipal Lawyers Association;
Large Public Power Council; Management Association for
Private Photogrammetric Surveyors; Mason Contractors
Association of America; Massachusetts Motor Transportation
Association; Mechanical Contractors Association of America;
Medical Group Management Association; Messenger Courier
Association of the Americas; Miami Dade County; Mississippi
Trucking Association; Modular Building Institute; Motor
Transport Association of Connecticut; Munitions Industrial
Base Task Force; National Asphalt Pavement Association.
National Association for Self-Employed; National
Association of College & University Business Officers;
National Association of Counties; National Association of
Credit Management; National Association of Educational
Procurement; National Association of Energy Services
Companies; National Association of Government Contractors;
National Association of Manufacturers; National Association
of Minority Contractors; National Association of State
Auditors, Comptrollers and Treasurers; National Association
of State Chief Information Officers; National Association of
State Procurement Officials; National Association of Surety
Bond Producers; National Association of Water Companies;
National Association of Wholesaler-Distributors; National
Automobile Dealers Association; National Beer Wholesalers
Association; National Corn Growers Association; National
Council for Public Procurement and Contracting; National
Defense Industrial Association.
National Electrical Contractors Association; National
Electrical Manufacturers Association; National Emergency
Equipment Dealers Association; National Federation of
Independent Business; National Institute of Governmental
Purchasing; National Italian-American Business Association;
National League of Cities; National Mining Association;
National Precast Concrete Association; National Propane Gas
Association; National Office Products Alliance; National
Railroad Construction & Maintenance Association; National
Ready Mixed Concrete Association; National Roofing
Contractors Association; National School Transportation
Association; National Small Business Association; National
Society of Professional Engineers; National Society of
Professional Surveyors; National Utility Contractors
Association; National Wooden Pallet and Container
Association.
New Jersey Chamber of Commerce; North-American Association
of Uniform Manufacturers & Distributors; North Coast Builders
Exchange; Office Furniture Dealers Alliance; Oregon Trucking
Association; Owner Operator Independent Drivers Association;
Petroleum Marketers Association of America; Plumbing-Heating-
Cooling Contractors--National Association; Printing
Industries of America; Professional Services Council;
Regional Legislative Alliance of Ventura and Santa Barbara
Counties; Retail Energy Supply Association; Santa Rosa
Chamber of Commerce; Security Industry Association; Service
Disabled Veteran Owned Small Business Council; Sheet Metal
and Air Conditioning Contractors National Association, Inc.;
Shipbuilders Council of America; Small Business &
Entrepreneurship Council; Small Business Legislative Council.
South Carolina Trucking Association; TechAmerica; Tennessee
Trucking Association; Textile Rental Services Association of
America; The Association of Union Constructors; The Distilled
Spirits Council of the U.S.; The Financial Services
Roundtable; U.S. Chamber of Commerce; United States Telecom
Association; Utah Trucking Association; Veterans Business
Institute; Veterans Entrepreneurship Task Force; Water and
Wastewater Equipment Manufacturers Association; Women
Construction Owners & Executives; Women Impacting Public
Policy.
Mr. KIND. Madam Speaker, I rise today in support of H.R. 674, the
Three Percent Withholding Repeal and Job Creation Act.
The Three Percent Withholding Repeal and Job Creation Act repeals a
burdensome tax law that President Bush and Congressional Republicans
passed in 2006. Fortunately, the law has never gone into effect because
Democrats have fought it for years, and the Senate was successful in
voting to repeal it last week. Estimates project that the tax actually
costs more to implement than it raises in new revenue. Thus, it only
hurts our local businesses, especially in an underperforming economy,
by restricting cash flow and causing administrative headaches.
Eliminating such a barrier will allow our businesses to better use
their assets to grow and hire, which is exactly what our economy needs
right now.
Currently, many contractors and small businesses are strapped for
cash and doing everything they can to keep their doors open. In
addition to repealing a burdensome tax, the Three Percent Withholding
Repeal and Job Creation Act also provides incentives to grow our
stagnant economy by helping businesses all over the country hire
unemployed veterans. Because veterans returning from Iraq and
Afghanistan are facing 12.1 percent unemployment, the Three Percent
Withholding Repeal and Job Creation Act contains critical veterans'
jobs initiatives that will not only incentivize hiring, but will spur
economic growth by putting veterans back to work and investing in small
businesses that are struggling in this stagnant economy.
In a fiscally responsible way, the Three Percent Withholding Repeal
and Job Creation Act provides meaningful tax incentives to hire 45,000
unemployed veterans in 2012 and 54,000 each in 2013 and 2014. It not
only helps veterans who have been unemployed for more than six months,
but also those who have been unemployed for over four weeks. Businesses
are further incentivized to hire veterans returning to the workforce
with service-connected disabilities after six months of looking for a
job.
In addition to providing incentives to hire veterans, the Three
Percent Withholding Repeal and Job Creation Act provides transition
assistance through a mandatory program for servicemembers returning to
civilian life. Such a vital program will assist returning
servicemembers in securing 21st Century jobs through career counseling
and resume-writing workshops.
By helping our veterans transition back to civilian life and by
creating opportunities for them to obtain meaningful employment, we
show our thanks for their selfless service to our country. Furthermore,
we instill faith in our local businesses to grow and hire by providing
them support and resources to get through this tough economic time.
This bill is one small but important step in upholding our commitment
to support the troops that have proudly defended our Nation. I'm proud
to support this legislation for our veterans and our small businesses
and government contractors.
Mr. DINGELL. Madam Speaker, today the House is considering
legislation that will repeal the onerous requirement that federal,
state, and local government entities withhold three percent of payments
to government contractors. H.R. 674 will also take the first step in
passing a piece of the President's American Jobs Act, by providing tax
credits for businesses that hire unemployed or disabled veterans, and
will help provide servicemembers who are leaving the service with job
training and other skills necessary for starting a career outside of
the military.
While I support these initiatives, I am disappointed that my friends
in the House and Senate are pairing two bipartisan pieces of
legislation with legislation that will change the intent of the
Affordable Care Act and roll back eligibility for middle-class
Americans to qualify for tax credits in the new Health Insurance
Exchanges or Medicaid and CHIP.
As a veteran myself, I want nothing more than to help veterans to
find gainful employment after the military and I believe that as we
draw near the end of our engagement in Iraq and Afghanistan the need
for this assistance is paramount. I will also gladly help my colleagues
on the other side of the aisle to repeal their own three percent
withholding requirement which we have delayed year after year. What I
do not support is how we will pay for this repeal--on the backs of
middle class Americans who as a result may find themselves paying more
for their health care.
This legislation will add Social Security income back into the
calculation of the Modified Adjusted Gross Income or MAGI for purposes
of determining eligibility for the premium tax credits in the exchange
and for Medicaid and CHIP. Some have suggested that excluding
nontaxable Social Security benefits in the MAGI definition was a
glitch. This is not so. The Affordable Care Act used the definition of
MAGI that excluded nontaxable Social Security benefits because it is
typical when determining eligibility for tax benefits.
Changing the MAGI definition to add Social Security income back in
will make 500,000 to 1 million people ineligible for Medicaid and Chip
and ineligible for premium tax credits. This will impose high costs for
health care on low-income and middle-income families, early retirees
and the disabled, and consequently could shift them out of Medicaid
coverage or require increased out-of-pocket costs for health coverage.
This goes against the very intent of the Affordable Care Act.
Madam Speaker, I oppose the sort of legislating that is before us
today as I believe each chamber should be allowed to work its will on
separate items, rather than be forced to accept bad policy sandwiched
between pieces of bipartisan legislation. This goes against the pledge
to openness and transparency my Republican colleagues have claimed to
support.
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While I will lend my support to the legislation before us, I cannot
continue to accept such abuses of procedure.
Mr. BRADY of Texas. Madam Speaker, I rise in support of H.R. 674,
repealing the requirement that all levels of government withhold 3
percent of payments owed to their contractors throughout the United
States.
If not repealed, small businesses operating on the slimmest of
margins would see their operating budgets once again taking a hit from
the Federal Government.
It is important to remember that our neighbors and friends work at
these businesses.
Their jobs depend on these businesses having the necessary cash flow
to pay their wages so they can raise their families and pay their
bills.
And we, as a country, are depending on these same businesses to
create new jobs which will help our unemployed friends and neighbors,
and move our economy forward.
I am also supportive of simplifying the process for employers to hire
our unemployed and disabled veterans through the Work Opportunity Tax
Credit program. The one-year extension and simplification will help
bring more certainty to the hiring process for our job creators looking
to hire veterans who have more than proven their worth to anyone
looking for productive employees.
A vote in support of H.R. 674 is a vote to remove impediments to
American job creation and expand opportunities for our veterans. I urge
my colleagues to support the bill.
Mr. VAN HOLLEN. Madam Speaker, three weeks ago, this House passed
legislation to repeal the 3% withholding rule for contractors doing
business with the federal government and an adjustment to the formula
used to calculate Medicaid and tax credit eligibility under the
Affordable Care Act.
Today's bill--sent back to us by the Senate--packages these two
initiatives with the Veterans Hiring Tax Credit contained in the
American Jobs Act and several other provisions designed to support
veterans looking for work.
Madam Speaker, it's about time. Finally, if only in a small way, we
are moving legislation to accelerate job creation in this Congress.
With unemployment rates for today's returning veterans hovering above
12%, these steps are the least we can take to support our service
members transitioning to civilian life. Frankly, I would go further and
complete consideration of the rest of the American Jobs Act without
further delay.
As regards the rest of the legislation, it is no secret that I would
prefer savings from the adjustment to the Affordable Care Act formula
be repurposed to other pressing health care needs. That being said, I
support the adjustment and have long been a cosponsor of the bill to
repeal the onerous 3% withholding requirement.
Accordingly, I will cast a ``yes'' vote for today's legislation.
Mr. HOLT. Madam Speaker, I rise today in support of H.R. 674. The
provisions contained in this amended legislation are a long time coming
and I am pleased to see this body finally consider a measure that will
have a tangible effect for Americans who are unemployed and
underemployed. More importantly, these measures will help a particular
group of Americans who I think we all agree deserve our full support:
our Nation's veterans. Right now, men and women returning stateside
from Iraq and Afghanistan face an unemployment rate of over 12 percent.
Nearly a quarter of a million of recently returned veterans are
jobless. This is unconscionable. If we can give our men and women the
tools they need to succeed in combat, then certainly we must help them
succeed when they return home. Moreover, veterans make excellent
employees--I know because I have two working for me. Helping our
veterans find jobs will put some of the finest men and women in the
country into the American workforce. It's a win-win situation.
This measure provides tax credits for businesses who hire veterans--
up to $5,600 if the veteran has been out of a job for more than six
months. It also provides a $9,600 tax credit if the veteran has a
service-connected disability. It expands Montgomery G.I. benefits for
education and training opportunities for older veterans. And it
includes provisions to encourage separating service members to seek
employment in civilian federal service.
Madam Speaker, it is worth noting that many of these are measures
that President Obama proposed in the American Jobs Act. I am pleased
that we are considering these specific provisions today, but dozens of
other provisions in the Jobs Act would help put an even greater number
of veterans back to work: small business tax cuts, supporting teachers
and first responders, rebuilding and expanding our infrastructure. We
must do more, and by advancing the proposals currently idling in this
body, we can do more.
I urge my colleagues to join me in supporting this measure to help
put our Nation's veterans back to work.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Camp) that the House suspend the rules and
concur in the Senate amendment to the bill, H.R. 674.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HERGER. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
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