[Senate Report 112-36]
[From the U.S. Government Publishing Office]
Calendar No. 95
112th Congress Report
SENATE
1st Session 112-36
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HIRING HEROES ACT OF 2011
_______
July 18, 2011.--Ordered to be printed
_______
Mrs. Murray, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany S. 951]
The Committee on Veterans' Affairs (hereinafter, ``the
Committee''), to which was referred the bill (S. 951), to amend
titles 5, 10, and 38, United States Code (hereinafter,
``U.S.C.''), to improve the provision of Federal transition,
rehabilitation, vocational, and unemployment benefits to
members of the Armed Forces and veterans, and for other
purposes, having considered the same, reports favorably thereon
with an amendment in the nature of a substitute, and recommends
that the bill, as amended, do pass.
Introduction
On May 11, 2011, Committee Chairman Patty Murray introduced
S. 951, the proposed ``Hiring Heroes Act of 2011.'' Senators
Akaka, Baucus, Begich, Boxer, Brown of Massachusetts, Brown of
Ohio, Casey, Coons, Leahy, Murkowski, Rockefeller, Sanders, and
Tester were original cosponsors. Later, Senators Bennet,
Cardin, Durbin, Kerry, Klobuchar, Kohl, Levin, McCaskill,
Menendez, Reed, Schumer, Snowe, Stabenow, Udall of New Mexico,
and Whitehouse were added as cosponsors. S. 951, as introduced,
would amend titles 5, 10, and 38 to improve the provision of
Federal transition, rehabilitation, vocational, and
unemployment benefits to members of the Armed Forces and
veterans, and for other purposes. The bill was referred to the
Committee.
On May 26, 2011, Senator Robert Casey, Jr., introduced
S. 1104, the proposed ``Veteran Transition Assistance Program
Audit Act of 2011.'' S. 1104, as introduced, would require the
Department of Labor (hereinafter, ``DOL'') to enter into a
contract for audits of the Transition Assistance Program
(hereinafter, ``TAP'') not less often than once every three
years. The bill was referred to the Committee.
Committee Hearing
On June 8, 2011, the Committee held a hearing on pending
legislation, including S. 951 and S. 1104. Testimony was
offered by: Michael Cardarelli, Principal Deputy Under
Secretary for Benefits, Veterans Benefits Administration,
Department of Veterans Affairs (hereinafter, ``VA''); John
McWilliam, Deputy Assistant Secretary, Veterans' Employment and
Training Service, DOL; Jeff Steele, Assistant Legislative
Director, The American Legion; Joseph A. Violante, National
Legislative Director, Disabled American Veterans; and Raymond
Kelley, Director, National Legislative Service, Veterans of
Foreign Wars of the United States.
Committee Meeting
After carefully reviewing the testimony from the foregoing
hearing, the Committee met in open session on June 29, 2011, to
consider, among other legislation, an amended version of
S. 951, consisting of provisions from S. 951 as introduced and
provisions from the other legislation noted above. The
Committee voted, without dissent, to report favorably S. 951 as
amended to the Senate.
Summary of S. 951 as Reported
S. 951 as reported (hereinafter, ``the Committee bill'') is
summarized below:
Section 1 would provide a short title.
Section 2 would extend for two years the authority of the
Secretary of Veterans Affairs (hereinafter, ``the Secretary'')
to provide rehabilitation and vocational benefits to members of
the Armed Forces with severe injuries or illnesses.
Section 3 would expand the authority of the Secretary to
pay employers for providing on-job training to veterans who
have not yet been rehabilitated to the point of employability.
Section 4 would provide training and rehabilitation for
veterans with service-connected disabilities who have exhausted
their rights to unemployment benefits under State and Federal
law and exhausted entitlement to VA rehabilitation programs.
Section 5 would require VA to conduct an assessment and
follow-up on veterans who participate in VA training and
rehabilitation programs.
Section 6 would require mandatory participation in TAP by
separating members of the Armed Forces, with certain limited
exceptions.
Section 7 would require that DOL follow-up with veterans
who participated in TAP to ascertain their employment status.
Section 7 would also require DOL to enter into a contract for
audits of TAP not less often than once every three years.
Section 8 would establish a collaborative veterans'
training, mentoring, and placement program between nonprofit
organizations and DOL.
Section 9 would require the Department of Defense
(hereinafter, ``DOD''), VA, and DOL to enter into a contract to
study and identify equivalencies between military occupational
specialty (hereinafter, ``MOS'') skills and the qualifications
required for various positions of civilian employment. It would
also require that the participants in TAP be provided with
individual assessments of any civilian positions for which they
may be qualified based upon their MOS skills.
Section 10 would permit the Federal Government to expedite
Federal employment for transitioning servicemembers and
requires the Office of Personnel Management (hereinafter,
``OPM'') to designate agencies to provide employment assistance
to servicemembers separating from active duty and to coordinate
such assistance with TAP.
Section 11 would require DOL to conduct outreach to certain
veterans receiving unemployment compensation and provide them
with assistance in finding employment.
Section 12 would authorize DOD to establish a pilot program
for providing work experience with civilian employees and
contractors of DOD to certain servicemembers on terminal leave.
Section 13 would require DOL to conduct a demonstration
project on credentialing and licensing for the purpose of
facilitating the seamless transition of members of the Armed
Forces from service on active duty to civilian employment. The
section would also require DOL, in consultation with DOD and
VA, to study and report upon the costs incurred by DOD to train
servicemembers for MOSs and by VA and DOL for employment-
related assistance to veterans.
Section 14 would authorize DOD and the Department of
Homeland Security (hereinafter, ``DHS'') to permit
participation by certain servicemembers in apprenticeship
programs designed to provide the education, training, and
services necessary for such servicemembers' transition to
meaningful employment and economic self-sufficiency.
Section 15 would extend VA's authority to levy a fee for
certain guaranteed housing loans.
Background and Discussion
Sec. 2. Two-year extension of authority of Secretary of Veterans
Affairs to provide rehabilitation and vocational benefits to
members of the Armed Forces with severe injuries or illnesses.
Section 2 of the Committee bill, which is derived from
S. 951 as introduced, would extend for a period of two years
VA's authority to provide rehabilitation and vocational
benefits to certain severely wounded members of the Armed
Forces.
Background. Under current law, and pursuant to section 1631
of the Wounded Warrior Act (title XVI of Public Law 110-181; 10
U.S.C. 1071 note), 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.
Committee Bill. Section 2 of the Committee bill 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.
It is the Committee's view 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.
Sec. 3. Expansion of authority of Secretary of Veterans Affairs to pay
employers for providing on-job training to veterans who have
not been rehabilitated to point of employability.
Section 3 of the Committee bill, which is derived from
S. 951 as introduced, would expand VA's current authority to
incentivize on-job training of veterans with service-connected
disabilities by permitting VA to compensate employers to
provide on-job training to veterans who have not been fully
rehabilitated.
Background. Under current law, section 3116 of title 38,
U.S.C., VA is authorized to promote the development and
establishment of employment and training for veterans who have
participated in certain rehabilitation programs, for veterans
with service-connected disabilities, and for other qualifying
veterans. The law authorizes VA to make payments to employers
for providing on-job training to veterans who have been
rehabilitated to the point of employability.
Committee Bill. Section 3 of the Committee bill would amend
section 3116 of title 38, 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.
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.
Sec. 4. Training and rehabilitation for veterans with service-connected
disabilities who have exhausted rights to unemployment benefits
under State law.
Section 4 of the Committee bill, which is derived from
S. 951 as introduced, would provide up to an additional 24
months of vocational rehabilitation and employment
(hereinafter, ``VR&E'') services to veterans who have exhausted
State or Federally-provided unemployment benefits.
Background. According to the U.S. Bureau of Labor
Statistics' (hereinafter, ``BLS'') report entitled, Employment
Situation of Veterans--2010, veterans with service-connected
disabilities are statistically less likely to participate in
the labor force than veterans without such disabilities. For
example, among veterans who served in the Gulf War II era (any
veteran who served in the military at any time since September
2001), one in four reported having a service-connected
disability. Of these veterans, only 81 percent reported
participating in the labor force, as compared to 86.2 percent
of their non-disabled peers.
Committee Bill. Section 4 of the Committee bill 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 additional rehabilitation programs if they meet
certain requirements.
Under the Committee bill, 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 law 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.
Section 4 would amend section 3105 of title 38, U.S.C., to
allow for up to 24 months of additional rehabilitation for a
veteran who meets the requirements of this section.
In the Committee's opinion, the troubling data that
suggests the difficulty that service-connected veterans have in
maintaining employment underscores the continued need to
provide veterans with service-connected disabilities with the
training and rehabilitation they need to successfully enter the
labor force. It is the Committee's intent that this section
would provide an additional resource to qualifying veterans who
are not yet able to enter the labor force and rely upon
rehabilitation programs to build skills needed to succeed in
the workforce.
Sec. 5. Assessment and follow-up on veterans who participate in
Department of Veterans Affairs training and rehabilitation for
veterans with service-connected disabilities.
Section 5 of the Committee bill, which is derived from
S. 951 as introduced, would require VA to contact any veteran
who participated in, or completed, a rehabilitation program
under chapter 31 of title 38, U.S.C., including the VR&E
program, at least two times in the year following his or her
participation in the rehabilitation program to ascertain the
veteran's employment status and the program's effectiveness.
Background. Currently, title 38, U.S.C., does not impose
upon VA an affirmative obligation to ascertain the employment
status of a veteran who participated in, or completed, a
rehabilitation program as set forth under chapter 31. Nor does
title 38, U.S.C., obligate VA to assess such a rehabilitation
program. Instead, section 3106(f) of title 38, U.S.C., requires
only that:
In connection with each period of extended evaluation
of a veteran and each rehabilitation program for a
veteran who is determined to have a serious employment
handicap, the Secretary shall assign a Department of
Veterans Affairs employee to be responsible for the
management and followup of the provision of all
services (including appropriate coordination of
employment assistance under section 3117 of this title)
and assistance under this chapter to such veteran.
Committee Bill. Section 5 of the Committee bill would add a
new subsection to section 3106, requiring that, for each
rehabilitation program pursued by a veteran under chapter 31,
VA shall contact the veteran not later than 180 days after the
date on which the veteran completes his or her rehabilitation
program or terminates participation in the program. The new
subsection mandates that the Secretary contact the veteran not
less frequently than once every 180 days for a period of one
year to ascertain the employment status, to assess the
effectiveness of the rehabilitation program in reaching the
veteran's career goals, and to ascertain the level of
satisfaction experienced by each veteran who received services
under VR&E.
This section clarifies the scope of VA's responsibility
under section 3106 and ensures that VA will conduct appropriate
follow-up regarding the employment status and satisfaction of
any veteran participating in a rehabilitation program under
chapter 31. Given the high unemployment rates for veterans with
service-connected disabilities, the Committee believes such
follow-up by VA may allow for important and necessary
programmatic adjustments to ensure the quality of services
provided. Such follow-up may also be an important and necessary
step towards achieving a meaningful reduction in the veteran
unemployment rate.
Sec. 6. Mandatory participation of members of the Armed Forces in the
Transition Assistance Program of the Department of Defense.
Section 6 of the Committee bill, which is derived from
S. 951 as introduced, would require that all servicemembers
separating from the Armed Forces attend, and participate in,
TAP prior to their separation, with certain limited exceptions.
Background. According to the BLS, in 2010 the unemployment
rate for young male veterans, ages 18-24, who served over the
past decade outpaced that of non-veterans, 21.9 percent to 19.7
percent. By February 2011, the unemployment rate for young
veterans, ages 20-24, had grown to an unprecedented 27 percent.
During that month, more than 1 in 4 young veterans were unable
to find employment. These statistics underscore the challenging
employment landscape for veterans.
Under current law, section 1142 of title 10, U.S.C., DOD is
required to provide pre-separation counseling to members of the
Armed Forces who are leaving active duty. Pursuant to this
requirement, DOD has delegated to each of the individual
services the responsibility to design and implement a pre-
separation counseling program. The pre-separation counseling
courses that the services have developed are generally only a
couple of hours in length and cover very generally some of the
required topics, the list of which is contained in section
1142.
Additionally, section 1144 of title 10, U.S.C., requires an
interagency program known as the Transition Assistance Program,
which offers more in-depth training on benefits, employment,
and other subjects. TAP is delivered via a partnership between
DOD, DOL's Veterans' Employment and Training Service
(hereinafter, ``VETS''), VA, and 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.
With the unemployment rate for young veterans as high as 27
percent, a comprehensive and effective transition program may
be a critical resource for servicemembers separating from the
Armed Forces.
Under current law, participation in TAP by servicemembers
is encouraged but not mandatory. Only the Marine Corps has
elected to require its members to participate in TAP. According
to Fiscal Year 2010 data provided by the Army, only 53.6
percent of active duty junior enlisted soldiers, those with the
ranks of private through specialist, who participated in pre-
separation counseling went beyond that course and also
participated in TAP. For active duty junior officers, those
with the ranks of second lieutenant through captain,
participation was 35.8 percent. In the Army Reserve, both
junior enlisted and junior officers participated in TAP at an
incredibly low rate of approximately 1.7 percent.
These low participation rates are especially of concern as
junior servicemembers tend to be those most in need of the
services provided by TAP and the benefits available through VA.
For many, skills such as writing resumes or interviewing have
never been needed or learned before, and not having such skills
or knowing from where to learn them puts those individuals at a
serious disadvantage when attempting to enter and compete in
the civilian employment market.
Committee Bill. Section 6 of the Committee bill would amend
section 1144(c) of title 10, U.S.C., by requiring that all
servicemembers transitioning from active duty participate in
TAP, with certain limited exceptions.
Specifically, section 6 would amend section 1144(c) by
requiring that DOD and DHS ensure the participation in TAP of
all servicemembers eligible for assistance under the program.
The section would also authorize DOD and DHS, under
regulations prescribed by both Departments, to waive
participation with respect to such groups or classifications of
members as DOD and DHS consider appropriate after consultation
with DOL and VA. The scope of this authorization is to be
construed narrowly. It is the Committee's intent that any
waiver would be limited to general officers or flag officers or
to certain members of the National Guard or the reserve
components who were voluntarily or involuntarily recalled to
active duty for a period not-exceeding 365 days.
Revisions are pending by DOL, VA, and DOD to the applicable
components of TAP. Those revisions would make the program
focused and responsive to individual needs and would make the
program modular in order to allow individuals to be assessed
for specific needs and subsequently receive training in those
areas. It is the Committee's 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.
Sec. 7. Follow-up and audits of Transition Assistance Program.
Section 7 of the Committee bill, which is derived from
S. 951 and S. 1104 as introduced, would require DOL to contact
each veteran who participated in TAP not later than six months
after the date on which that veteran separated from service in
the Armed Forces to ascertain the veteran's employment status,
and not less frequently than every three months thereafter for
the remainder of the year. Section 7 would also require DOL to
enter into a contract for audits of TAP not less often than
once every three years.
Background. Currently, DOL is not required to follow-up
with servicemembers who participated in TAP and have since left
active duty. DOL is also not required to track the employment
status of TAP participants within one year following their
separation from the Armed Forces. Consequently, there is no
historical outcome data with which to evaluate the
effectiveness of TAP as it relates to job placement for
separating servicemembers.
Additionally, under current law, there is no audit
requirement for TAP.
Committee Bill. Section 7 would require DOL to engage in
follow-up with veterans who participated in TAP and track
veterans' employment status. Section 7 would require DOL to
contact each individual participating in TAP not later than 180
days after the date on which that individual separates from the
Armed Forces, and not less frequently than once every 90 days
thereafter for a period of 180 days to ascertain the
individual's employment status.
By requiring DOL to engage in follow-up with veterans
regarding their employment status, the Committee believes that
VA, DOL, and DOD will be better able to track veteran
employment status, evaluate the efficacy of TAP, and solicit
veterans' feedback to improve TAP.
Section 7 of the Committee bill would also require that DOL
enter into a contract for audits of TAP. DOL would be required
to enter into such contract with a private organization not
affiliated with the program and ensure that the audits are
conducted not less often than once every three years.
Under this section, the organization conducting the audit
would be required to measure the effectiveness of TAP and
identify any measures needed to improve the effectiveness of
the program. At the conclusion of each audit, the organization
would be required to prepare a report containing the findings
resulting from the audit and recommendations for improving the
effectiveness of the program. The section would direct the
organization to submit the report to DOL, the other Departments
referred to in section 1144 of title 10, 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.
Finally, under this section DOL, in conjunction with VA and
DOD, would be required to review the report and implement any
measures needed to improve the effectiveness of TAP.
Sec. 8. Collaborative veterans' training, mentoring, and placement
program.
Section 8 of the Committee bill, which is derived from
S. 951 as introduced, would establish a competitive grant
program for non-profit organizations that provide mentoring and
training to
veterans.
Background. High unemployment for young veterans
underscores the need for innovative partnerships, programs, and
organizations that prepare veterans to successfully transition
from active duty service to civilian employment.
One such example of an innovative organization is the non-
profit Veterans Green Jobs. At the Committee's April 13, 2011,
hearing, Army veteran and Director of Veterans Development for
Veterans Green Jobs, Garett Reppenhagen, described how his
organization engages, transitions, and connects military
veterans with meaningful employment opportunities that serve
their communities and environment. Mr. Reppenhagen stated:
``[O]ur successes have been accomplished by partnering with a
wide array of government, private and nonprofit entities. We
have developed an array of formal partnerships and teaming
agreements with businesses, community colleges, 4-year
educational institutions and other non-profits.''
Committee Bill. Section 8 of the Committee bill would
foster and sustain the critical work performed by non-profit
organizations, like Veterans Green Jobs, and build upon public-
private partnerships that support veterans transitioning to
civilian employment. The section would amend chapter 41 of
title 38, U.S.C., by inserting after section 4104 a new section
authorizing DOL to award grants to eligible non-profit
organizations to provide training and mentoring for eligible
veterans who seek employment. Under this provision, DOL shall
award grants to not more than three organizations, for periods
of two years.
The section would require DOL to ensure that the recipients
of such grants collaborate with the appropriate disabled
veterans' outreach program specialists, the appropriate local
veterans' employment representatives, and the appropriate State
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
must 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 appropriate committees of Congress a report that describes
the process for awarding grants, the recipients of such grants,
and the collaboration described herein. DOL must 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,
disabled veterans' outreach program specialists, and local
veterans' employment representatives in carrying out activities
under this section. Such an assessment would include collecting
information on the numbers of veterans who applied for training
under this section, veterans who entered the training, veterans
who completed the training, veterans who were placed in
meaningful employment under this section, and veterans who
remained in such employment as of the date of the assessment.
DOL would also be required to submit to the appropriate
committees of Congress a report that includes a description of
how the grant recipients used the funds made available under
this section, the results of the assessment, and DOL
recommendations as to whether amounts should be appropriated to
carry out this section for Fiscal Years after 2013.
Section 8 also would authorize appropriations of $4,500,000
for the period consisting of Fiscal Years 2012 and 2013.
Sec. 9. 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.
Section 9 of the Committee bill, which is derived from
S. 951 as introduced, would require DOD, VA, and DOL to jointly
contract for a study to identify equivalencies between MOS-
related skills and civilian employment. This section would also
require DOD to ensure that all TAP participants receive an
individual assessment of civilian positions for which they may
be qualified based upon the study.
Background. Today, DOD provides some assessment of
servicemembers' MOS-related skills; however, the comparison of
military-acquired skills and civilian requirements is not
robust or detailed. In many cases, the expectation has been
that occupations with similar titles, such as military police
and police officer, were equivalent and the servicemember would
be able to simply begin an equivalent job in the civilian
sector. However, this failed to take into account the myriad of
certification and licensing requirements that military training
has not provided. Additionally, the military has been unable to
identify translatable skills or equivalent civilian occupations
for several fields, such as the infantry. The result is many
servicemembers separate from active duty unable to effectively
translate their military experience to an equivalent civilian
skill-set.
Committee Bill. Section 9 of the Committee bill would
require VA, DOD, and DOL to 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 directs the Departments to jointly submit to Congress
the report, along with such comments on the report as the
Departments jointly consider appropriate.
Section 9 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. The individualized assessment may also be used to
otherwise facilitate and enhance a member's transition from
military service to civilian life.
It is the Committee's intent that the Departments will
utilize the information developed pursuant to this section to
more closely align military training to meet civilian-sector
requirements in addition to military requirements and that the
Departments will negotiate with applicable private sector
entities to increase the acceptance of military training as
being sufficient for applicable licenses and certifications.
Sec. 10. Appointment of honorably discharged members and other
employment assistance.
Section 10 of the Committee bill, which is derived from
S. 951, would allow the Federal Government to directly appoint
a transitioning servicemember to a position in the civil
service during the 180-day period after that servicemember's
honorable discharge. The section would also direct OPM to
designate Federal agencies that shall establish programs to
provide employment assistance to servicemembers separating from
the Armed Forces. These programs would be required to
coordinate with TAP.
Background. Chapter 33 of title 5, U.S.C., sets forth the
examination, certification, and appointment process for
individuals into the civil and competitive services in the
Executive branch. Section 3301 of title 5 affords the President
substantial authority and discretion to ``prescribe such
regulations for the admission of individuals into the civil
service in the Executive branch as will best promote the
efficiency of that service * * *.''
In 2009, President Obama issued Executive Order 13518,
establishing the Veterans Employment Initiative (hereinafter,
``VEI''). The order created the Council on Veterans Employment
to advise and assist the President on improving employment
opportunities for veterans in the Federal Government. Twenty-
four agencies are represented on the Council. Each has a
Veterans Employment Program Office (hereinafter, ``VEPO''). The
mission of these offices is to support the VEI and provide
employment assistance to veterans at the agency level. The
VEPOs are intended to provide a full-range of support to
transitioning servicemembers and veterans.
Several hiring authorities that may encourage and
facilitate veterans' employment in the Federal Government are
currently available to agencies. In his April 13, 2011,
testimony before the Committee, the Director of OPM, John
Berry, identified two such authorities:
[T]he 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.
Director Berry also outlined the Federal Government's
continuing efforts to promote a seamless transition for
servicemembers from active duty to the civil service.
More than two years ago, we embarked on a broad
initiative to reform the entire Federal hiring process.
Along the way, we have attempted to address broad
systemic problems such as reducing long job
announcements and allowing resumes and cover letters as
applications. However, where appropriate, we have taken
on targeted approaches, as with veterans' employment,
to improving the recruitment and hiring of talented men
and women to represent the diversity of our Nation and
our workforce. This intersection of these various
reform initiatives is creating a veterans-friendly
employment environment that is unmatched in the private
sector.
However, despite efforts of OPM to increase veteran
representation in Federal employment, only 2,000 more veterans
were hired in 2010 than the year prior.
While resources exist for veterans seeking to transition
into the civil service, servicemembers still on active duty are
often unable to access such resources because they are not yet
veterans. At present, servicemembers must wait until they have
fully separated from active duty to be eligible for OPM civil
service employment initiatives. Consequently, these
servicemembers are unable to transition seamlessly from active
duty to the civil service.
Likewise, 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. However, chronic delays in the adjudication of
claims through VA's claims processing system prevent certain
veterans who may be eligible for the ten-point preference from
realizing such assistance when applying for Federal employment.
Such delays cause an unnecessary disruption in the transition
from active duty to the civil service.
Committee Bill. Section 10 of the Committee bill 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 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 DOD via TAP.
Each designated agency would be required to consult with OPM
and act through its 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. For
purposes of this section, it would be consistent with the
Committee's intent for OPM to designate the current 24 agencies
with VEPOs as those that would initially take part in this new
program.
Section 10 would not affect any right or remedy set forth
in sections 3330a through 3330c of title 5, U.S.C., nor would
the section affect the probationary period authorized in
section 3321 of title 5, U.S.C. Finally, the section would not
alter the selective service requirement set forth in section
3328 of title 5, U.S.C.
The Committee expects that the enactment of this section
would further support servicemembers' seamless transition from
the Armed Forces into the civil service.
The Committee recognizes that certain servicemembers are
unable to receive a ten-point preference because of VA's
lengthy claims processing system. The Committee believes that
it is extremely unfortunate that disabled veterans are unable
to benefit from assistance currently available to them under
the law because of VA's inability to process claims in a timely
manner. The Committee intends that this direct hiring authority
would benefit these individuals by giving them assistance as
soon as practicable, rather than when VA is able to adjudicate
his or her claim.
Moreover, a seamless transition benefits not only
servicemembers, but also the Federal Government. It means that
a servicemember can leverage the skills he or she gained while
on active duty as a member of the civil service, thus ensuring
the Federal Government's investment in training is fully
realized. The Committee intends that, for those who are
currently in Federal service, as active duty servicemembers,
and who are qualified and wishing to extend their Federal
service, by moving to an Executive agency, this section will
assist in that effort.
Sec. 11. Outreach program for certain veterans receiving unemployment
compensation.
Section 11 of the Committee bill, which is derived from
S. 951, would require DOL to conduct outreach to recently
separated veterans who have been in receipt of unemployment
compensation for longer than 105 days, in order to provide
employment assistance.
Background. According to the Employment and Training
Administration (hereinafter, ``ETA''), 36,716 newly discharged
veterans claimed unemployment benefits during the week ending
June 11, 2011, an increase of 1,124 from the prior week. During
that same week, there were 2,584 initial claims for benefits by
newly discharged veterans, a decrease of 134 from the preceding
week.
Committee Bill. Section 11 of the Committee bill would
require DOL to carry out a program through VETS, the disabled
veterans' outreach program specialists employed under section
4103A of title 38, U.S.C., and local veterans' employment
representatives employed under section 4104 of such title, to
provide outreach to recently separated veterans who have been
in receipt of unemployment compensation for more than 105 days.
The Committee believes employment assistance and outreach
by DOL to veterans in receipt of unemployment compensation is
an appropriate measure given the persistent rate of high
unemployment for young veterans.
Sec. 12. Department of Defense pilot program on work experience for
members of the Armed Forces on terminal leave.
Section 12 of the Committee bill, which is derived from
S. 951 as introduced, would authorize DOD to establish a pilot
program to provide certain servicemembers on terminal leave
work experience with civilian employees and contractors of DOD.
Background. Servicemembers on terminal leave are uniquely
positioned to use such leave time to prepare for their
transition into civilian employment.
Committee Bill. Section 12 of the Committee bill 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 be designed
to 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.
Sec. 13. Enhancement of demonstration program on credentialing and
licensing of veterans.
Section 13 of the Committee bill, which is derived from
S. 951 as introduced, would require DOL to carry out a
demonstration project on credentialing for five MOSs for the
purpose of facilitating a seamless transition of members of the
Armed Forces from active duty to civilian employment. The
section would also require DOL, in consultation with DOD and
VA, to study and report upon the costs incurred by DOD to train
servicemembers for MOSs and by VA and DOL for employment-
related assistance to veterans.
Background. Servicemembers continue to face barriers when
attempting to draw upon their military training to satisfy
civilian licensure or credentialing requirements. In his
testimony before the Committee on April 13, 2011, former Navy
Corpsman Eric Smith described how, despite his unique skills
and qualifications as a senior corpsman, he has been unable to
draw upon such experience to secure comparable civilian
employment.
During my deployment to Iraq, I served as the primary
corpsman for an infantry platoon in the 3rd Battalion,
5th Marine Regiment. In a combat zone, a platoon's
corpsman is their medical lifeline, performing duties
that in the civilian world are normally left to a
Physician's Assistant. In this capacity, my medical and
leadership training were unparalleled.
* * * * * * *
In 2009 [after having left active duty], I applied
for a job as a Certified Nursing Assistant * * *. My
experience in numerous medical disciplines and
procedures impressed the three nurses who interviewed
me for the position. When they recommended me to the
doctors in charge of the clinic, I was confident that I
would get the job. However, I never received a call
back.
Looking back, I'm almost positive that despite my
knowledge and experience, I was ultimately disqualified
from the position for lack of civilian equivalent
certifications. I was disappointed by this outcome.
However, I was more frustrated by the reality that
graduation from Naval Hospital Corps school and years
worth of experience provided me with no certifications
that translated into the civilian world.
Drawing upon Mr. Smith's story, Rear Admiral McCreary
argued in his April 13, 2011, testimony before the Committee
that it is clear ``a better understanding of how military
certifications translate to civilian professional
certifications should be addressed with State governments.''
Under current law, section 4114 of title 38, U.S.C., DOL,
through the Assistant Secretary of Veterans Employment and
Training (hereinafter, ``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 directed 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 directed 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 under this section that
satisfies the Federal and State requirements for the
credential, certification, or license.
Unfortunately, this program was never carried out because
funding for the pilot was authorized only by utilizing
unobligated funds that are appropriated in accordance with the
authorization set forth in section 4106 of title 38, U.S.C.,
for the administration of job counseling, training, and
placement services for veterans.
Committee Bill. Section 13 of the Committee bill 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 Committee bill, that 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
Committee 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.
Sec. 14. Improved access to apprenticeship programs for members of the
Armed Forces who are being separated from active duty or
retired.
Section 14 of the Committee bill would amend section 1144
of title 10, U.S.C., to authorize DOD and DHS to permit
participation by certain servicemembers in an apprenticeship or
pre-apprenticeship program designed to provide the education,
training, and services necessary for such servicemembers'
transition to meaningful employment and economic self-
sufficiency.
Background. Under current law, TAP, which is authorized
pursuant to section 1144 of title 10, furnishes 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.
Committee Bill. Section 14 of the Committee bill would
amend section 1144 of title 10, 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.
The Committee believes that providing servicemembers with
additional training opportunities will help facilitate a
successful transition from active duty to civilian life.
Sec. 15. Extension of loan guaranty fee for certain subsequent loans.
Section 15 of the Committee bill would extend VA's
authority to levy a loan guaranty fee for certain subsequent
guaranteed housing loans.
Background. Under VA's home loan guaranty program, VA may
guarantee a loan made to eligible servicemembers, veterans,
reservists, and certain un-remarried surviving spouses for the
purchase (or refinancing) of houses, condominiums, and
manufactured homes.
Section 3729(b)(2) of title 38, U.S.C., sets forth a loan
fee table that lists funding fees, expressed as a percentage of
the loan amount, for different types of loans.
Committee Bill. Section 15 of the Committee bill would
amend the fee schedule set forth in section 3729(b)(2) of title
38 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 re-
designated, would be amended by striking ``October 1, 2013''
and inserting ``October 1, 2014.''
The practical effect of these changes would be to lower the
percentage of the home loan funding fee from 3.3 percent to 3.0
percent beginning on October 1, 2011. The fee is currently
scheduled to be reduced to 2.15 percent beginning on October 1,
2011. Beginning on October 1, 2014, rather than the currently
scheduled October 1, 2013, the funding fee would be reduced to
1.25 percent.
These amendments would take effect on the later of October
1, 2011, and the date of the enactment of this section.
Committee Bill Cost Estimate
In compliance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate, the Committee, based on
information supplied by the Congressional Budget Office
(hereinafter, ``CBO''), estimates that, on net, the Committee
bill would decrease direct spending by $227 million over the
2012-2016 period and by $179 million over the 2012-2021 period.
In addition, CBO estimates that implementing the Committee
bill would have a discretionary cost of $160 million over the
2012-2016 period, assuming appropriation of the necessary
amounts. The Committee bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act.
The cost estimate provided by CBO, setting forth a detailed
breakdown of costs, follows:
Congressional Budget Office,
Washington, DC, July 7, 2011.
Hon. Patty Murray,
Chairman,
Committee on Veterans' Affairs,
U.S. Senate, Washington, DC.
Dear Madam Chairman:
The Congressional Budget Office has prepared the enclosed
cost estimate for S. 951, the Hiring Heroes Act of 2011.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is William Ma.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
S. 951, Hiring Heroes Act of 2011
Summary: S. 951 would affect programs that provide
employment services and mortgage guarantees to veterans. If
enacted, CBO estimates that, on net, the bill would decrease
direct spending by $227 million over the 2012-2016 period and
by $179 million over the 2012-2021 period.
In addition, CBO estimates that implementing S. 951 would
have a discretionary cost of $160 million over the 2012-2016
period, assuming appropriation of the necessary amounts.
Pay-as-you-go procedures apply because enacting the
legislation would affect direct spending. Enacting the bill
would not affect revenues.
S. 951 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 951 is shown in the following table. The
costs of this legislation fall within budget functions 700
(veterans benefits and services) and 050 (national defense).
Table 1.--Estimated Budgetary Effects of S.951, The Hiring Heroes Act of 2011
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------
2012 2013 2014 2015 2016 2012-2016
----------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Estimated Budget Authority........................................ -72 -62 -111 8 9 -227
Estimated Outlays................................................. -72 -62 -111 8 9 -227
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level..................................... 59 26 27 28 27 166
Estimated Outlays................................................. 25 34 34 34 33 160
----------------------------------------------------------------------------------------------------------------
Notes: In addition to the direct spending effects shown here, enacting S.951 would have additional effects on
direct spending beyond 2016 (see Table 2). CBO estimates that total direct spending would decrease by $179
million over the 2012-2021 period.
Components may not add to totals because of rounding.
Basis of estimate: S. 951 would affect a number of veterans
programs. This estimate is based on information from the
Department of Veterans Affairs (VA), the Department of Defense
(DOD), the Department of Labor (DOL), and the U.S. Office of
Personnel Management (OPM). For the purposes of this estimate,
CBO assumes the bill will be enacted near the beginning of
fiscal year 2012, that the necessary amounts will be
appropriated each year, and that outlays will follow historical
patterns for similar and existing programs.
Direct Spending
Table 2 summarizes S. 951's effects on direct spending for
veterans' housing loan guarantees and veterans' training and
rehabilitation programs. In total, CBO estimates that enacting
those provisions would reduce direct spending for veterans'
programs by $179 million over the 2012-2021 period.
Fees for Guaranteed Loans. Section 15 would increase the
fee that VA charges for guaranteeing certain mortgages made to
veterans. Under current law, VA guarantees lenders a payment of
up to 25 percent of the outstanding loan balance (subject to
some limitations on the original loan amount) in the event that
a veteran defaults. Such guarantees enable veterans to get
better loan terms, such as lower interest rates or smaller down
payments. VA charges fees to some veterans for this guarantee
to offset the costs of subsequent defaults.
Veterans seeking a loan guarantee who have previously used
that benefit must pay an upfront fee equal to 2.15 percent of a
loan taken in 2012 or 2013, and 1.25 percent of such loans
taken in 2014 or any year thereafter. Section 15 would increase
the fee to 3.00 percent for such loans taken in the 2012-2014
period. After 2014, the fee would remain at the current-law
rate of 1.25 percent. Raising the fee for the next three years
would increase collections by VA, thus lowering the subsidy
cost of the loan guarantees and reducing direct spending by
$257 million over the 2012-2014 period, CBO estimates.\1\
---------------------------------------------------------------------------
\1\Under the Federal Credit Reform Act of 1990, the subsidy cost of
a loan guarantee is the net present value of estimated payments by the
government to cover defaults and delinquencies, interest subsidies, or
other expenses, offset by any payments to the government, including
origination fees, other fees, penalties, and recoveries on defaulted
loans. Such subsidy costs are recorded in the budget when the loans are
disbursed.
Table 2.--Impact of S.951 on Direct Spending
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2012-2016 2012-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fees for Guaranteed Loans
Estimated Budget Authority..................................... -73 -66 -118 0 0 0 0 0 0 0 -257 -257
Estimated Outlays.............................................. -73 -66 -118 0 0 0 0 0 0 0 -257 -257
Benefits for Veterans Who Exhaust Unemployment Benefits
Estimated Budget Authority..................................... 1 3 6 7 8 8 8 8 9 9 25 67
Estimated Outlays.............................................. 1 3 6 7 8 8 8 8 9 9 25 67
Employer Incentive Program
Estimated Budget Authority..................................... * 1 1 1 1 1 1 1 1 1 5 11
Estimated Outlays.............................................. * 1 1 1 1 1 1 1 1 1 5 11
------------------------------------------------------------------------------------
Total Changes in Direct Spending
Estimated Budget Authority................................. -72 -62 -111 8 9 9 9 9 10 10 -227 -179
Estimated Outlays.......................................... -72 -62 -111 8 9 9 9 9 10 10 -227 -179
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: * = less than $500,000.
Components may not add to totals because of rounding.
Benefits for Veterans Who Exhaust Unemployment Benefits.
Section 4 would entitle certain disabled veterans to
participate in an additional program of vocational
rehabilitation for up to 24 months. Veterans who have
previously completed a program of vocational rehabilitation,
and who have exhausted all rights to unemployment benefits,
could qualify for the additional assistance, but only if they
begin such a program within six months of the expiration of
their unemployment benefits. Based on information from VA, CBO
estimates that an average of 350 veterans would benefit from
this provision each year, with each veteran receiving a total
of about $19,000 in additional training assistance. Over the
2012-2021 period, CBO estimates that providing an additional
program of vocational rehabilitation to those veterans would
increase direct spending by $67 million.
Employer Incentive Program. Under current law, VA may pay
employers up to one-half of a veteran's salary for direct
expenses incurred in providing employment and on-the-job
training to disabled veterans who have successfully completed a
program of vocational rehabilitation. Section 3 would expand
eligibility to disabled veterans who have not completed the
program, thus increasing the number of veterans who would be
eligible to have such payments made on their behalf. Based on
information from VA, CBO estimates that an average of about 140
additional veterans each year would benefit from on-the-job
training opportunities resulting from this provision, with each
participating employer receiving an average of $9,700 per
veteran.
Included in the estimated 140 veterans per year are about
40 individuals that we expect would withdraw from a current
program of vocational rehabilitation if offered employment with
on-the-job training. Each of those veterans then would use an
estimated $6,500 less in vocational rehabilitation benefits
than he or she would have used under current law. On net,
enacting this provision would increase direct spending by $11
million over the 2012-2021 period, CBO estimates.
Other Provisions. The following provisions would affect
direct spending, because they would allow certain
servicemembers on active duty to receive selected veterans'
readjustment benefits earlier than they would have under
current law but those effects would not be significant. CBO
estimates that the shift in timing of benefits usage for those
individuals would, collectively, increase direct spending by
less than $500,000 over the 2012-2021 period.
Section 2 would extend for two years VA's
authority to provide rehabilitation and vocational benefits to
severely injured servicemembers on active duty. Based on
information from VA and DOD, CBO estimates that a small number
of those individuals would begin to receive such benefits about
three months earlier than they otherwise would have.
Section 14 would allow active-duty servicemembers
who are in the process of separating or retiring from service
to participate in apprenticeship programs. Under current law,
individuals may receive educational benefits while
participating in approved apprenticeship programs. Based on
information from VA and DOD, CBO estimates that a small
population of individuals participating in apprenticeship
programs would begin to receive benefits about four months
earlier than they would have under current law.
Spending Subject to Appropriation
S. 951 would authorize various programs to provide
employment, training, and placement services to veterans and to
servicemembers separating from active-duty. CBO estimates that
implementing those programs would cost $160 million over the
2012-2016 period, assuming appropriation of the specified and
necessary amounts (see Table 3).
Table 3.--Impact of S.951 on Spending Subject to Appropriation
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------
2012 2013 2014 2015 2016 2012-2016
----------------------------------------------------------------------------------------------------------------
Outreach and Follow-Up Programs
Estimated Authorization Level................................. 17 20 23 24 24 108
Estimated Outlays............................................. 17 20 23 24 24 108
Individualized MOS Assessment
Estimated Authorization Level................................. 32 0 0 0 0 32
Estimated Outlays............................................. 2 6 6 6 6 26
Mandatory Participation in TAP
Estimated Authorization Level................................. 2 3 3 3 3 14
Estimated Outlays............................................. 2 3 3 3 3 14
Employment Services and Placement Programs
Estimated Authorization Level................................. 5 * * * * 5
Estimated Outlays............................................. 1 3 1 * * 5
Reports
Estimated Authorization Level................................. 2 1 1 1 0 4
Estimated Outlays............................................. 2 1 1 1 0 4
Credentialing and Licensure
Estimated Authorization Level................................. 1 2 0 0 0 3
Estimated Outlays............................................. 1 1 * * 0 3
---------------------------------------------
Total Changes in Discretionary Spending
Estimated Authorization Level............................. 59 26 27 28 27 166
Estimated Outlays......................................... 25 34 34 34 33 160
----------------------------------------------------------------------------------------------------------------
Notes: * = less than $500,000.
MOS = Military Occupational Specialty, TAP = Transition Assistance Program.
Components may not add to totals because of rounding.
Outreach and Follow-Up Programs. Section 5 would require VA
to conduct outreach to certain veterans and to follow up on
veterans that participated in a program of vocational
rehabilitation. Sections 7 and 11 would require DOL to follow
up on all participants in DOD's Transition Assistance Program
(TAP) and all recently separated servicemembers that have
received unemployment compensation for ex-servicemembers (UCX)
for more than 105 days. Collectively, CBO estimates that those
programs would cost $108 million over the 2012-2016 period,
assuming appropriation of the estimated amounts.
Veterans in Receipt of UCX. Section 11 would require DOL to
establish a program to conduct outreach and provide employment
services to veterans who recently separated from uniformed
service and who have received UCX for more than 105 days. Based
on information from VA and DOL, CBO estimates that about 70,000
veterans each year would be contacted through this program. CBO
estimates those efforts would cost about $45 million over the
2012-2016 period to hire 100 additional employees to conduct
this outreach, assuming appropriation of the estimated amounts.
Veterans Who Participated in DOD's TAP. Section 7 would
require DOL to determine the employment status of every TAP
participant not later than 180 days after separating from
uniformed service and then once every 90 days thereafter for a
period of 180 days. Based on information from DOL and DOD, and
assuming enactment of section 6 (see discussion below under
``Mandatory Participation in TAP''), CBO estimates that DOL
would need to contact about 175,000 veterans each year. CBO
estimates that it would cost $39 million to hire the additional
staff and about $2 million to develop and maintain the
information technology (IT) system needed to conduct this
outreach over the 2012-2016 period, assuming appropriation of
the estimated amounts.
Veterans Who Participated in a Program of Vocational
Rehabilitation. Section 5 would require VA to determine the
employment status of veterans who have either completed or
terminated a program of vocational rehabilitation and to assess
the effectiveness of those programs. Those assessments must be
made within 180 days after an individual completes or
terminates a program and then once every 180 days for a period
of one year. Based on information from VA, CBO estimates that
VA would have to hire about 40 additional vocational
rehabilitation counselors to conduct this type of follow-up on
about 35,000 veterans annually. VA also would have to develop
an IT system to track those efforts. CBO estimates that the
costs to hire those vocational rehabilitation counselors and to
develop and maintain the IT system would total $21 million and
$1 million, respectively, over the 2012-2016 period, assuming
appropriation of the estimated amounts.
Individualized MOS Assessments. Section 9 would require
DOL, VA, and DOD to conduct a joint study to identify the
skills servicemembers develop through their respective military
occupational specialties (MOS) and then map those skills to
positions in the civilian sector. Upon completion of the study,
the Secretary of Defense would be required to provide
separating servicemembers with an individualized assessment of
the different positions in the civilian sector for which they
may be qualified. Based on information from DOD, CBO estimates
that about 1,750 different MOSs would need to be studied. CBO
estimates that the study would take several years and would
cost $26 million over the 2012-2016 period, assuming
appropriation of the estimated amounts.
Mandatory Participation in TAP. Under current law,
separating servicemembers are not required to participate in
the employment and job training workshops provided by DOL as an
element of TAP. Section 6 would mandate that all servicemembers
separating from active-duty participate in those workshops.
(The Secretaries of Defense and Homeland Security would be
authorized to waive that requirement for certain individuals.)
Under current law, DOL provides employment and job training
services to an average of 130,000 separating servicemembers
through about 4,100 employment workshops per year. Based on
information from DOL and DOD, CBO estimates that under section
6 an additional 45,000 individuals would be required to attend
those workshops each year and that DOL would have to hold about
1,400 additional workshops annually to accommodate the
increased attendance. Based on the cost of current workshops,
CBO estimates that implementing section 6 would cost $14
million over the 2012-2016 period, assuming appropriation of
the estimated amounts.
Employment Services and Placement Programs. Sections 8, 10,
12, and 14 would assist veterans and servicemembers separating
from active duty in seeking and obtaining employment. Such
assistance would include:
Direct appointment of qualified veterans to civil
service positions,
A work-experience program within DOD and with DOD
contractors for active-duty servicemembers on terminal leave,
Access to apprenticeship programs for members
separating or retiring from active duty, and
A mentorship and training program for veterans
seeking employment.
Based on information from DOD and OPM, CBO estimates that,
collectively, those programs would cost about $5 million over
the 2012-2021 period, assuming appropriation of the authorized
and estimated amounts.
Reports, Studies, and Audits. S. 951 would require several
reports, studies, and an audit to be completed by the
Secretaries of Labor, Defense, and Veterans Affairs. CBO
estimates that those efforts, collectively, would cost $4
million over the 2012-2016 period, assuming appropriation of
the necessary amounts.
Credentialing and Licensure. Section 13 would continue a
demonstration project on credentialing and licensure of
veterans for two years beginning on the date of enactment of
this bill. The authority to run that project ended September
30, 2009. This section also would require DOL to select not
less than five MOSs for the demonstration project. Based on
information from DOL, CBO estimates that continuing that
demonstration project would cost $3 million over the 2012-2016
period, assuming appropriation of the necessary amounts.
Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. CBO estimates that by modifying the veterans' housing
loan guarantee program and other veterans' training and
rehabilitation programs, S. 951 would decrease direct spending
for veterans' benefits. The net changes in outlays that are
subject to those pay-as-you-go procedures are shown in the
following table. (Enacting S. 951 would not affect revenues.)
Table 4.--CBO Estimate of Pay-As-You-Go Effects for S.951 as ordered reported by the Senate Committee on Veterans' Affairs on June 29, 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------------------------
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2011-2016 2011-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact................................. 0 -72 -62 -111 8 9 9 9 9 10 10 -227 -179
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Numbers do not add to totals because of rounding.
Intergovernmental and private-sector impact: S. 951
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of State,
local, or tribal governments.
Estimate prepared by: Federal Costs: Veterans Housing Loan
Program--David Newman; Readjustment Benefits--William Ma;
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum; Impact on the Private Sector: Elizabeth Bass.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee on Veterans'
Affairs has made an evaluation of the regulatory impact that
would be incurred in carrying out the Committee bill. The
Committee finds that the Committee bill would not entail any
regulation of individuals or businesses or result in any impact
on the personal privacy of any individuals and that the
paperwork resulting from enactment would be minimal.
Tabulation of Votes Cast in Committee
In compliance with paragraph 7 of rule XXVI of the Standing
Rules of the Senate, the following is a tabulation of votes
cast in person or by proxy by members of the Committee on
Veterans' Affairs at its June 29, 2011, meeting. The Committee
voted, without dissent, to report S. 951 as amended to the
Senate.
Agency Report
On June 8, 2011, Robert L. Jesse, M.D., PhD., Principal
Deputy Under Secretary for Health, Veterans Health
Administration, Department of Veterans Affairs, appeared before
the Committee and submitted testimony on S. 951, among other
issues. Excerpts from this statement are reprinted below:
STATEMENT OF ROBERT L. JESSE, MD, PhD, PRINCIPAL DEPUTY UNDER SECRETARY
FOR HEALTH, VETERANS HEALTH ADMINISTRATION, U.S. DEPARTMENT OF VETERANS
AFFAIRS
Good Morning Chairman Murray, Ranking Member Burr and
Members of the Committee: Thank you for inviting me here today
to present the Administration's views on several bills that
would affect Department of Veterans Affairs (VA) benefits
programs and services. Joining me today are Michael Cardarelli,
Principal Deputy Under Secretary for Benefits, Richard Hipolit,
Assistant General Counsel, and Walter A. Hall, Assistant
General Counsel. We do not yet have cleared views on S. 411,
S. 491, S. 873, S. 874, S. 914, S. 1017, S. 1060, S. 1089,
S. 1104, S. 1123, S. 1124, and S. 1127 and the draft bill
entitled ``Veterans Programs Improvements Act of 2011.'' Also,
we do not have estimated costs associated with implementing
S. 396, S. 666, S. 910, S. 935, and section 9 of S. 951. We
will forward the views and estimated costs to you as soon as
they are available.
* * * * * * *
S. 951, HIRING HEROES ACT OF 2011
Chairman Murray, we are pleased to provide our views on
sections 2, 3, 4, 5, and 9 of your bill, S. 951, the ``Hiring
Heroes Act of 2011,'' but respectfully defer to the views of
DOD regarding sections 6, 7, and 12; the Department of Labor
(DOL) regarding sections 8, 11, and 13; and the Office of
Personnel Management (OPM) regarding section 10.
Section 2 of the bill would extend through 2014 a provision
enacted in Title XVI of Public Law 110-181, known as the
Wounded Warrior Act, which authorizes VA to provide
rehabilitative services and assistance to certain severely
disabled active-duty Servicemembers in the same manner as
provided to Veterans. VA proposed a similar provision in its
draft Veterans Benefits Improvement Act of 2011, transmitted to
the Senate on May 19, 2011. While the provisions differ in the
length of the extension, VA supports section 2.
Section 3 of the bill would amend section 3116(b)(1) of
title 38, United States Code, to expand VA's authority to pay
employers for providing on-job training to Veterans. Under
current law, VA is authorized to make payments to employers for
providing on-job training to Veterans who have been
rehabilitated to the point of employability in certain cases.
By removing the requirement that Veterans be rehabilitated to
the point of employability before VA can make payments to
employers for providing on-job training, this section would
allow VA to make these payments to employers for providing on-
job training to many more Veterans. VA supports this provision.
VA estimates benefit costs to be $792 thousand for the first
year, $4.2 million for five years, and $9.1 million over ten
years.
Section 4 of the bill would provide for additional
rehabilitation programs for persons who have exhausted rights
to unemployment benefits under State law. Under section 3102 of
title 38, United States Code, as amended by this section, 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 compensation with
respect to a benefit year, has no rights to regular
compensation with respect to a week, and is not receiving
compensation with respect to such week under the unemployment
compensation law of Canada. In addition, the person must begin
the additional rehabilitation program within 6 months of the
date of such exhaustion. Under this section, a person would be
considered to have exhausted rights to regular compensation
under a State law when no payments of regular compensation can
be made under such law because the person has received all
regular 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.
Section 4 of the bill would also amend section 3105 of
title 38, United States Code, to limit the period of an
additional rehabilitation program to 24 months, and sections
3105 and 3695 to exempt Veterans pursuing an additional
rehabilitation program from certain limits. Under current
section 3105, a rehabilitation program may not be pursued after
12 years after a veteran's discharge or release from active
service. Under current section 3695(b), assistance under
chapter 31 in combination with certain other provisions of law
is limited to 48 months. Section 4 of the bill would amend
sections 3105 and 3695(b) to make these limitations
inapplicable to an additional rehabilitation program.
VA supports this provision because it would help VA serve
more Veterans in need of assistance. VA estimates benefit costs
to be $51 thousand in the first year, $294 thousand for five
years, and $724 thousand over ten years.
Section 5 of the bill would amend section 3106 of title 38,
United States Code, to require an assessment and follow-up on
Veterans with service-connected disabilities who participate in
VA training and rehabilitation. In addition, section 5 would
require VA to ascertain the employment status of a
participating Veteran and assess his or her rehabilitation
program not later than 180 days after completion of, or
termination of, his or her participation in that program, and
at least once every 180 days thereafter for a period of one
year. VA supports this provision. We believe that providing
follow-up is an important endeavor. No benefit costs would be
associated with this provision. VA estimates administrative
costs to be $4.7 million in the first year, $24.2 million over
five years, and $55 million over ten years. In addition, VA
estimates that $250 thousand will be needed in FY 2012 to
develop an IT solution to automate follow up activity.
Finally, section 9 of the bill would require VA, DOD, and
DOL to select a contractor to conduct a study to identify
equivalencies between skills developed by members of the
military through various military occupational specialties
(MOS) and the qualifications required for private sector
civilian employment positions and report on the results of the
study. This section would also require Federal Government
departments and agencies to cooperate with the contractor. VA,
DOD, and DOL would be required to transmit the report with
appropriate comments to Congress.
Section 9 would also require DOD to use the results of the
study and other information to ensure that each member of the
military participating in the Transition Assistance Program
(TAP) receives an assessment of the various private sector
civilian employment positions for which the member may be
qualified as a result the member's MOS. DOD would have to
transmit the individualized assessment to VA and DOL to use in
providing employment-related assistance in the transition from
military service to civilian life and to facilitate and enhance
the transition.
VA does not support this provision to enter into a joint
contract to identify civilian equivalencies of military jobs.
Software applications that analyze military occupational data
and provide equivalent civilian jobs currently exist.
Therefore, VA believes a contract to conduct a study to
identify this information is not necessary. VA is currently
utilizing web software available in the public domain that
translates military skills to equivalent civilian jobs. VA will
continue to closely monitor the market place to identify
software that may improve our ability to identity civilian
equivalents of military jobs.
We do not have a cost estimate for implementing this
section but will provide it when it is available.
* * * * * * *
This concludes my prepared statement. Madam Chairman, we
would be pleased to respond to whatever questions you may have.
------
On June 8, 2011, John McWilliam, Deputy Assistant
Secretary, Veterans' Employment and Training Service,
Department of Labor, appeared before the Committee and
submitted testimony on S. 951, among other issues. Excerpts
from this statement are reprinted below:
STATEMENT OF JOHN McWILLIAM, DEPUTY ASSISTANT SECRETARY, VETERANS'
EMPLOYMENT AND TRAINING SERVICE, U.S. DEPARTMENT OF LABOR
Chairman Murray, Ranking Member Burr, and distinguished
Members of the Committee, I am pleased to appear before you
today to discuss legislation pending in this Committee aimed at
helping our returning Servicemembers transition back to
civilian life.
* * * * * * *
Your letter of invitation seeks input on a significant
number of bills at this hearing, and you ask VETS to
specifically provide input on S. 951, the ``Hiring Heroes Act
of 2011.'' We have done so in subsequent portions of this
testimony, in addition to providing comments on the proposed
``Honoring All Veterans Act of 2011,'' which would require the
Department of Labor (DOL), through the Assistant Secretary of
the Office of Disability Employment Policy (ODEP), to initiate
a program providing technical assistance to employers of
Veterans who have a Traumatic Brain Injury or Post Traumatic
Stress Disorder.
As the remaining pieces of proposed legislation being
addressed at this hearing fall under the purview of other
departments, VETS defers to those departments and I will
restrict my testimony to the appropriate sections of S. 951,
and the ``Honoring All Veterans Act of 2011'' that have a
direct impact on DOL and the Veterans' Employment and Training
Service.
In addition to the invitation for today's hearing, VETS has
received a follow-up request to comment on Senator Casey's
proposed ``Veteran Transition Assistance Program Audit Act of
2011.'' Due to time constraints, VETS was unable to conduct a
thorough review in time for today's hearing, but we look
forward to providing our comments for the record and continuing
to work with Senator Casey and this entire Committee to ensure
that our Servicemembers receive the best assistance possible as
they transition back to civilian life.
S. 951: ``HIRING HEROES ACT OF 2011''
Section 6: This section would require the mandatory
participation of members of the Armed Forces in the Transition
Assistance Program (TAP). We assume that this mandatory
participation would include participation in all segments of
the TAP, to include the Department's Employment Workshop.
We believe that all transitioning Servicemembers who plan
to enter civilian employment would benefit from attending the
Employment Workshop, but defer to the Department of Defense
(DOD) as to whether this program should be mandatory for all
transitioning Servicemembers.
Section 7: This section would require DOL to follow-up on
the employment status of members of the Armed Forces who
recently participated in TAP. In particular, it would require
that DOL contact each participating Veteran no later than six
months after their completion of the program (TAP), and every
three months thereafter for the rest of the year in order to
ascertain the Veteran's employment status.
DOL supports the concept of the TAP follow-up, but believes
that the metrics of our redesigned Employment Workshop makes
this requirement unnecessary. As you may recall, we recently
testified on our current initiative to redesign and transform
the Employment Workshop. As part of this initiative, a
comprehensive follow-up program will be implemented to track
participants' success entering the civilian workforce. DOL
believes that this program may provide the information that the
Committee desires, and we would like to work with the Committee
to provide additional information on this initiative.
Section 8: This section would: 1) establish a competitive
grant program for nonprofit organizations that provide
mentoring and training to Veterans; 2) require DOL and
nonprofit organizations to collaborate in order to facilitate
the placement of Veterans in jobs that lead to economic self-
sufficiency; 3) require DOL to conduct an assessment of grant
performance no later than 18 months after enactment; and 4)
authorize appropriations of $4.5 million for Fiscal Years 2012
and 2013.
DOL believes that this section is unnecessary. We note that
this section seems to closely follow the parameters of the
existing Veterans' Workforce Investment Program (VWIP)
established under section 168 of the Workforce Investment Act
of 1998, and it is unclear whether the intent of this section
differs from the intent of the VWIP. Therefore, we would like
to work with the Committee to discuss the potential overlap
between this section and the VWIP.
Section 9: Among other things, this section would require
DOL, DOD, and the Department of Veterans Affairs (VA) to
conduct a joint study to identify any equivalences between the
skills developed by members of the Armed Forces through various
military occupational specialties (MOS) and the qualifications
required for various positions of civilian employment in the
private sector.
Section 9 is unnecessary as it duplicates existing
processes that provide the capability to crosswalk
Servicemember skills to equivalent civilian occupations. We
note that there are several tools that partially meet the need
for skill equivalencies for separating Servicemembers, such as
the Department's Occupational Information Network (O*NET) and
DOD's Credentialing Opportunities On-Line (COOL). In addition,
the TAP redesign will include practical exercises to assist
participants in translating their skills, abilities,
experience, and training on to a resume, as well as creating an
Individual Transition Plan. We would like to work with the
Committee to explore ways to strengthen these resources and
improve the transition of Veterans into civilian employment.
Section 11: This section would require the Department to
conduct outreach to recently-separated Veterans in receipt of
unemployment compensation for longer than 105 days in order to
provide employment assistance.
The Department supports this section, but requests that the
time period be changed from 105 days to 15 weeks to coincide
with the end of a benefit week for the purposes of Unemployment
Compensation.
Section 13: This section would reauthorize and modify the
demonstration program for the credentialing and licensure of
Veterans contained in 38 U.S.C. 4114.
DOL supports the concept of this section and believes that
the credentialing and licensing of Veterans will be helpful in
transitioning Servicemembers into the civilian sector, but
there continue to be serious implementation issues with this
provision. In particular, licensure and credentialing is mostly
a function of the individual States, and to facilitate
credentialing and licensure for Veterans, the demonstration
project would require DOD to align its military training and
assessments to more closely match States' civilian licensing
requirements. We also note that credentialing and licensure
requirements differ from State to State. We would like to work
with the Committee to help resolve these issues so that the
credentialing and licensure of Veterans can be more
successfully implemented.
* * * * * * *
We are reminded everyday of the tremendous sacrifices made
by our Veterans, Servicemembers and their families. Secretary
Solis and the Veterans' Employment and Training Service believe
that America must honor those sacrifices by providing the
Nation's bravest with the best possible programs and services
that we have to offer. We look forward to continuing our work
with this Committee to do just that.
I again thank this Committee for your commitment to our
Nation's Veterans and for the opportunity to testify before
you. We would be happy to work with your staffs to provide
technical assistance on any of these or future bills, and I
would be happy to respond to any questions.
------
STATEMENT OF U.S. DEPARTMENT OF DEFENSE
Chairman Murray, Ranking Member Burr, and Members of this
distinguished Committee thank you for extending the invitation
to the Department of Defense to address pending legislation
that would significantly affect our Servicemembers: S. 277, the
proposed ``Caring for Camp Lejeune Veterans Act of 2011;''
S. 486, the proposed ``Protecting Servicemembers from Mortgage
Abuses Act of 2011;'' S. 491, the proposed ``Honor America's
Guard-Reserve Retirees Act of 2011;'' S. 698, the proposed bill
to amend title 38, United States Code, to codify the
prohibition against the reservation of gravesites at Arlington
National Cemetery, and for other purposes; S. 951, the proposed
``Hiring Heroes Act of 2011.''
* * * * * * *
S. 951
The Department's comments on S. 951 are limited to sections
directly impacting the Department.
Section 2: The Department is not opposed to the provisions
of section 2 that would extend Section 1631(b)(1) of the
National Defense Authorization Act (NDAA) for 2008 (Public Law
110-181) through December 31, 2014. Section 1631(b)(1) allows
Servicemembers, with a severe injury or illness to receive
vocational, rehabilitation and employment benefits (but not
compensation) from the Secretary of Veterans Affairs to
facilitate their recovery and rehabilitation while still a
member of the Armed Forces. Extending this benefit provides
Servicemembers with disabilities assistance in identifying the
training requirements and resources needed to achieve their
rehabilitation and employment goals.
Section 6: The Department does not support section 6 as
written. In FY 2010 there were approximately 155,000 active
component retirements/separations with an 82.5 participation
rate in the Department of Labor (DOL) employment workshops.
Section 6 will require mandatory participation in the DOL
Employment Workshop for all transitioning Servicemembers and
does not allow any exceptions. As written, this section would
require the following personnel to be retained on active duty
until they have completed this TAP component: Unanticipated
losses (i.e., administrative discharges), approximately 57,000;
Demobilizing/deactivating Guard/Reserve Component
Servicemembers to complete the same program as their active
duty counterparts, approximately 100,000; and several thousand
Individual Mobilization Augmentees (IMA).
This provision also assumes increased TAP participation
will correlate with an increase in transitioning Servicemembers
obtaining employment. DOL is currently revamping its 2\1/2\-day
employment workshop and will have the new workshop in place in
November 2011. The Department recommends an analysis of the
impact of the new workshop on employment before mandating this
component of TAP for all transitioning personnel.
There is also an unknown, but potentially huge resource
requirement that is currently not addressed in the President's
budget, which would result from extending the previously noted
categories of Servicemembers on active duty in order to be in
compliance with mandatory TAP requirements. This would require
an in-depth cost analysis, showing the impact of extending
personnel on active duty to provide TAP counseling/briefings as
well as to determine the impact on existing facilities (i.e.,
adequate classrooms, additional counselors/coaches,
administrative support staff, IT support, equipment/computers,
and IT infrastructure). A mandatory TAP requirement would also
be a huge increase on costs for demobilizing National Guard and
Reserves, to include post-deployment follow-up for up
intervention for employment assistance. Such costs would also
need to be part of an in-depth cost analysis.
In lieu of mandatory employment workshop participation for
all separating Servicemembers, the Department recommends
considering mandatory participation for Servicemembers with 10
or fewer years of active duty service (if the goal is to impact
the group with the highest unemployment rate) with an ``opt
out'' provision for all others. The Department also recommends
having TAP components provided no later than 6-9 months before
discharge and allow Servicemembers access to partnership
programs with private employers or methods to develop/refine
job skills prior to discharge
Section 9: The Department believes that section 9 is
unnecessary as it duplicates existing processes that provide
the capability to crosswalk Servicemember skills to equivalent
civilian occupations, and therefore opposes section 9 of
S. 951.
During mandatory (required by statute) preseparation
counseling, Servicemembers are informed about the Occupational
Information Network. The revised DD Form 2648, Preseparation
Counseling Checklist for Active Component (AC), Active Guard
Reserve (AGR), and Reserve Program Administrator (RPA)
Servicemembers, states, ``counselors will provide information
on civilian occupations corresponding to Military occupations
(see Occupational Information Network (O*NET Web site) at
www.online.onetcenter.org/crosswalk and related programs * *
*.''
The Occupational Information Network (O*NET) is under the
sponsorship of the US Department of Labor/Employment and
Training Administration. The O*NET program is the Nation's
primary source of occupational information. Central to the
project is the O*NET database, containing information on
hundreds of standardized and occupation-specific descriptors.
The database is continually updated by surveying a broad range
of workers from each occupation. O*NET Online contains
crosswalks between the O*NET-Standard Occupational
Classification (SOC) and the Classification of Instructional
Programs (CIP), Dictionary of Occupational Titles (DOT),
Military Occupational Classification (MOC), Registered
Apprenticeship Partners Information Data System (RAPIDS), and
Standard Occupational Classification (SOC).
Additionally, the Department of Labor's Employment and
Training Administration has a long-standing record of assisting
transitioning Servicemembers with O*NET.
Another program is the United States Military
Apprenticeship Program (USMAP), a partnership between Secretary
of Labor, Secretary of Navy and Secretary of Transportation.
Out of 300 enlisted Military Occupational Specialties (MOS's),
257 are covered under USMAP trades/occupations employing
apprenticeship. Occupations offered through USMAP cross over
into several civilian industries, including servicing,
manufacturing and construction, and transportation/utilities.
Section 10: The Department opposes section 10. The
authority under this section is too broad in its application
and scope. It would appear the language would simply allow
veterans to be non-competitively appointed to the GS system
within 180 days of discharge. There appears to be no provision
on how we would establish qualifications. Given we have a
myriad of hiring authorities for veterans, we do not see what
problem this language is trying to solve. Further, it runs the
risk of making it extremely difficult for someone who is not a
veteran to gain entry level employment in light on this
authority. We run the risk of inadvertently giving veterans
preference that is far overreaching and will likely be
challenged by the Merit Systems Protection Board.
Section 12: The Department is not opposed to the provisions
of section 12 which would allow the Department to establish a
pilot program to provide separating Servicemembers, who are on
terminal leave, work experience with civilian employees and
contractors of the Department of Defense to facilitate the
transition of those members from service in the Armed Forces to
employment in the civilian labor market. The Department
realizes the value of programs that improve the employment
outcomes for our transitioning servicemembers, such as those
that provide exposure to the civilian work environment while
working for the Department. The Department of Labor, Veterans
Affairs, and Homeland Security all jointly develop and
contribute to the Transition Assistance Program, and we look
forward to working with them to improve transition outcomes by
using new and creative ideas, such as the one provided in this
section.
------
STATEMENT OF HON. JOHN BERRY, DIRECTOR, U.S. OFFICE OF PERSONNEL
MANAGEMENT
As discussed in the April 13th testimony, there are special
veterans' hiring authorities that the Federal Government can
use to recruit and employ veterans. OPM continues to encourage
agencies to make full use of the various hiring authorities
that can facilitate veterans' employment. For example, the
Veterans Recruitment Act (VRA) 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. Hiring of veterans under the VEOA increased from
about 20,200 in 2009 to more than 20,750 in 2010. VRA
appointments grew from 6,659 to nearly 7,000 during the same
period, and the special hiring authority for veterans who are
30 percent or More Disabled accounted for more than 2,000 hires
last year, compared to 1,727 in 2009.
Additionally, certain veterans have a statutory right to
veterans' preference, as do certain mothers and spouses of 100
percent disabled veterans, and certain widows of deceased
veterans. Preference in hiring applies to permanent and
temporary positions in the Executive branch. Veterans'
preference also applies in a reduction in force.\1\
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\1\For more details on the history of veterans' preference, please
visit http://www.opm.gov/staffingPortal/vghist.asp.
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In summary, there are numerous hiring authorities and
statutory rights that facilitate veterans' employment in the
Federal Government.
S. 951, THE HIRING HEROES ACT OF 2011
S. 951 would create a fifth, separate hiring provision for
veterans (in addition to veterans' preference). While we do not
have a position on the legislation at this time, pursuant to
the Committee's request, we would like to provide the Committee
with an understanding of the practical implications of the
legislation. The legislation would allow heads of Executive
agencies to ``appoint a member of the uniformed services who is
honorably discharged to a position in the civil service without
regard to sections 5 U.S.C. Sec. Sec. 3301 through 3330c during
the 180-day period beginning on the date that the individual is
honorably discharged, if that individual is otherwise qualified
for the position.''
It is important to note that S. 951 might impact
preference-eligible veterans who may also be eligible under the
other hiring authorities presently available to veterans. For
example, a non-preference veteran selected under this authority
over a disabled veteran who otherwise might be selected under
the 30 percent or More Disabled Veterans authority, or who
might receive his or her preference under the competitive
examining process. The non-disabled veteran who is unable to
secure a position through the authority created by S. 951 would
still be eligible under the VRA authority.
There are a few provisions in 5 U.S.C. Sec. Sec. 3301
through 3330c that would be impacted by this legislation. These
provisions establish veterans' preference in hiring. Veterans'
preference in its present form comes from the Veterans'
Preference Act of 1944, as amended, and is codified in various
provisions of title 5, United States Code. By law, veterans who
are disabled or who served on active duty in the Armed Forces
during certain specified time periods or in military campaigns
are entitled to preference over others in hiring from
competitive lists of eligibles and also in retention during
reductions in force.\2\
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\2\For more details on who is eligible for veterans' preference,
please visit http://www.opm.gov/staffingPortal/Vetguide.asp#2When.
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However, veterans' preference is not available to all
members of the uniformed services who are honorably discharged.
Under this legislation, non-preference eligible veterans would
be afforded the same newly created appointment authority as
preference eligible veterans.
Similarly, the distinction between the preferences for non-
disabled and disabled veterans was conceived as a beneficial
preference for disabled veterans. Veterans' preference in its
current form acknowledges the larger obligation owed to
disabled veterans. The language in the legislation that would
allow for the appointment of a member of the uniformed services
``without regard to sections 3301 through 3330c'' would create
an authority without distinction between disabled and non-
disabled veterans.
5 U.S.C. Sec. 3321 creates a probationary period which
applies to all Federal employees who are appointed to positions
in the competitive service. The language of this legislation
would remove the probationary period for any member of the
uniformed services who is appointed under the authority
proposed by this legislation. Similarly, 5 U.S.C. Sec. 3328
outlines the requirements for Selective Service registration
for individuals who are seeking Federal employment. This
requirement would also not apply to individuals who are
appointed under the authority proposed by this legislation.
Finally, individuals who have a preference eligibility are
afforded administrative redress under 5 U.S.C. Sec. Sec. 3330a
through 3330c. The administrative redress enables individuals
with veterans' preference who allege violations of their hiring
rights to file a complaint with the Secretary of Labor, to
pursue judicial redress, and to seek legal remedy. Individuals
appointed under the authority proposed by this legislation
would not be able to avail themselves of the protections of 5
U.S.C. Sec. Sec. 3330a through 3330c.
The current veterans' preference statutes reflect a policy
decision to differentiate between disabled and non-disabled
veterans, a distinction that is not present in this
legislation.
Additionally, S. 951 would create a conflict between
individuals entitled to preference, and those who are not. As a
result, this would create a bypass around the application of
veterans' preference in both the competitive hiring process as
well as for positions excepted from the competitive hiring
process.
* * * * * * *
Changes in Existing Law
In compliance with paragraph 12 of Rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman).
Title 5. Government Organization
and Employees
* * * * * * *
Part III. Employees
* * * * * * *
Subpart B. Employment and Retention
* * * * * * *
Chapter 33. Examination, Selection, and Placement
SEC.
SUBCHAPTER I. EXAMINATION, CERTIFICATION, AND APPOINTMENT
3301. CIVIL SERVICE; GENERALLY.
* * * * * * *
3330C. PREFERENCE ELIGIBLES; REMEDY.
3330D. HONORABLY DISCHARGED MEMBERS OF THE UNIFORMED SERVICES.
* * * * * * *
SEC. 3330C. PREFERENCE ELIGIBLES; REMEDY
* * * * * * *
SEC. 3330D. HONORABLY DISCHARGED MEMBERS OF THE UNIFORMED SERVICES
The head of an Executive agency may appoint a member of the
uniformed services who is honorably discharged to a position in
the civil service without regard to sections 3301 through 3320,
3322 through 3327, 3329, and 3330 during the 180-day period
beginning on the date that the individual is honorably
discharged, if that individual is otherwise qualified for the
position.
* * * * * * *
Title 10. Armed Forces
* * * * * * *
Subtitle A. General Military Law
* * * * * * *
Part II. Personnel
* * * * * * *
Chapter 58. Benefits and Services for Members Being Separated or
Recently Separated
* * * * * * *
SEC. 1142. PRESEPARATION COUNSELING; TRANSMITTAL OF MEDICAL RECORDS TO
DEPARTMENT OF VETERANS AFFAIRS
(a) Requirement.--(1) * * *
(2) In carrying out this section, the Secretary concerned
[may] shall use the services available under section 1144 of
this title.
* * * * * * *
SEC. 1144. EMPLOYMENT ASSISTANCE, JOB TRAINING ASSISTANCE, AND OTHER
TRANSITIONAL SERVICES: DEPARTMENT OF LABOR
(a) * * *
* * * * * * *
[(c) Participation.--The Secretary of Defense and the
Secretary of Homeland Security shall encourage and otherwise
promote maximum participation by members of the armed forces
eligible for assistance under the program carried out under
this section.]
(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 such groups or classifications of members as
the Secretaries consider appropriate after consultation with
the Secretary of Labor and the Secretary of Veterans Affairs.
* * * * * * *
(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.
* * * * * * *
Title 38. Veterans' Benefits
* * * * * * *
Part III. Readjustment and Related Benefits
* * * * * * *
Chapter 31. Training and Rehabilitation for Veterans with Service-
Connected Disabilities
SEC.
3100. PURPOSES.
* * * * * * *
3106. INITIAL AND EXTENDED EVALUATIONS; DETERMINATIONS REGARDING
SERIOUS EMPLOYMENT HANDICAP; PROGRAM ASSESSMENT AND
FOLLOW-UP.
* * * * * * *
SEC. 3102. BASIC ENTITLEMENT
[A person] (a) In General.--A person shall be entitled to a
rehabilitation program under the terms and conditions of this
chapter if--
* * * * * * *
(b) Additional Rehabilitation Programs for Persons Who Have
Exhausted Rights to Unemployment Benefits Under State Law.--(1)
A person who has completed a rehabilitation program under this
chapter shall be entitled to an additional rehabilitation
program under the terms and conditions of this chapter if--
(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).
SEC. 3103. PERIODS OF ELIGIBILITY
(a) Except as provided [in subsection (b), (c), or (d)] in
subsection (b), (c), (d), or (e) of this section, a
rehabilitation program may not be afforded to a veteran under
this chapter after the end of the twelve-year period beginning
on the date of such veteran's discharge or release from active
military, naval, or air service.
* * * * * * *
(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.
(f) [(e)] In any case in which the Secretary has determined
that a veteran was prevented from participating in a vocational
rehabilitation program under this chapter within the period of
eligibility otherwise prescribed in this section as a result of
being ordered to serve on active duty under section 688,
12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, such
period of eligibility shall not run for the period of such
active duty service plus four months.
* * * * * * *
SEC. 3105. DURATION OF REHABILITATION PROGRAMS
(a) * * *
(b) [Except as provided in subsection (c) of this section,]
(1) Except as provided in paragraph (2) and in subsection (c),
the period of a vocational rehabilitation program for a veteran
under this chapter following a determination of the current
reasonable feasibility of achieving a vocational goal may not
exceed forty-eight months, except that the counseling and
placement and postplacement services described in section
3104(a)(2) and (5) of this title may be provided for an
additional period not to exceed eighteen months in any case in
which the Secretary determines the provision of such counseling
and services to be necessary to accomplish the purposes of a
rehabilitation program in the individual case.
(2) The period of a vocational rehabilitation program
pursued by a veteran under section 3102(b) of this title
following a determination of the current reasonable feasibility
of achieving a vocational goal may not exceed 24 months.
* * * * * * *
SEC. 3106. INITIAL AND EXTENDED EVALUATIONS; DETERMINATIONS REGARDING
SERIOUS EMPLOYMENT HANDICAP; PROGRAM ASSESSMENT AND
FOLLOW-UP
* * * * * * *
(g) For each rehabilitation program pursued by a veteran
under this chapter, the Secretary shall contact such veteran
not later than 180 days after the date on which such veteran
completes such rehabilitation program or terminates
participation in such rehabilitation program and not less
frequently than once every 180 days thereafter for a period of
one year to ascertain the employment status of the veteran and
assess such rehabilitation program.
* * * * * * *
SEC. 3116. PROMOTION OF EMPLOYMENT AND TRAINING OPPORTUNITIES
(a) * * *
(b)(1) The Secretary, pursuant to regulations prescribed in
accordance with paragraph (3) of this subsection, may make
payments to employers for providing on-job training to veterans
[who have been rehabilitated to the point of employability] in
individual cases in which the Secretary determines that such
payment is necessary to obtain needed on-job training or to
begin employment. Such payments may not exceed the direct
expenses incurred by such employers in providing such on-job
training or employment opportunity.
* * * * * * *
Chapter 36. Administration of Educational Benefits
* * * * * * *
Subchapter II. Miscellaneous Provisions
* * * * * * *
SEC. 3695. LIMITATION ON PERIOD OF ASSISTANCE UNDER TWO OR MORE
PROGRAMS
(a) * * *
(b) [No person] (1) Except as provided in paragraph (2), no
person may receive assistance under chapter 31 of this title in
combination with assistance under any of the provisions of law
cited in subsection (a) of this section in excess of 48 months
(or the part-time equivalent thereof) unless the Secretary
determines that additional months of benefits under chapter 31
of this title are necessary to accomplish the purposes of a
rehabilitation program (as defined in section 3101(5) of this
title) in the individual case.
(2) Paragraph (1) shall not apply with respect to a
rehabilitation program described in section 3103(e)(2) of this
title.
* * * * * * *
Chapter 37. Housing and Small Business Loans
* * * * * * *
Subchapter III. Administrative Provisions
* * * * * * *
SEC. 3729. LOAN FEE
(a) * * *
(b) Determination of Fee.--
(1) * * *
(2) The loan fee table referred to in paragraph (1)
is as follows:
Loan Fee Table
Other
Type of loan Active Reservist obligor
duty veteran
(A)(i) Initial loan described in 2.00 2.75 NA
section 3710(a) to purchase or
construct a dwelling with 0-down, or
any other initial loan described in
section 3710(a) other than with 5-
down or 10-down (closed before
January 1, 2004)....................
* * * * * * *
(B)(i) Subsequent loan described in [3.00] [3.00] NA
section 3710(a) to purchase or
construct a dwelling with 0-down, or
any other subsequent loan described
in section 3710(a) (closed before
[January 1, 2004] October 1, 2011)..
3.30 3.30
(B)(ii) Subsequent loan described in [3.30] [3.30] NA
section 3710(a) to purchase or
construct a dwelling with 0-down, or
any other subsequent loan described
in section 3710(a) (closed on or
after [January 1, 2004, and before
October 1, 2011] October1, 2011, and
before October 1, 2014).............
3.00 3.00
[(B)(iii) Subsequent loan described 2.15 2.15 NA]
in section 3710(a) to purchase or
construct a dwelling with 0-down, or
any other subsequent loan described
in section 3710(a) (closed on or
after October 1, 2011 and before
October 1, 2013)....................
(B)(iii) [(iv)] Subsequent loan 1.25 1.25 NA
described in section 3710(a) to
purchase or construct a dwelling
with 0-down, or any other subsequent
loan described in section 3710(a)
(closed on or after [October 1,
2013] October 1, 2014)..............
* * * * * * *
Chapter 41. Job Counseling, Training, and Placement Service for
Veterans
SEC.
4100. FINDINGS.
* * * * * * *
4104. LOCAL VETERANS' EMPLOYMENT REPRESENTATIVES.
4104A. COLLABORATIVE VETERANS' TRAINING, MENTORING, AND PLACEMENT
PROGRAM.
* * * * * * *
SEC. 4103A. DISABLED VETERANS' OUTREACH PROGRAM
(a) Requirement for Employment by States of a Sufficient
Number of Specialists.--
(1) Subject to approval by the Secretary, a State
shall employ such full- or part-time disabled veterans'
outreach program specialists as the State determines
appropriate and efficient to carry out intensive
services and facilitate placements under this chapter
to meet the employment needs of eligible veterans with
the following priority in the provision of services:
* * * * * * *
(2) * * *
(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.
* * * * * * *
SEC. 4104. LOCAL VETERANS' EMPLOYMENT REPRESENTATIVES
* * * * * * *
SEC. 4104A. COLLABORATIVE VETERANS' TRAINING, MENTORING, AND PLACEMENT
PROGRAM
(a) Grants.--The Secretary shall award grants to eligible
nonprofit organizations to provide training and mentoring for
eligible veterans who seek employment. The Secretary shall
award the grants to not more than 3 organizations, for periods
of 2 years.
(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 6 months after the date of
enactment of the Hiring Heroes Act of 2011, the Secretary shall
prepare and submit to the appropriate committees of Congress a
report that describes the process for awarding grants under
this section, the recipients of the grants, and the
collaboration described in subsections (b) and (c).
(2) Not later than 18 months after the date of enactment of
the Hiring 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 the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs 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.
* * * * * * *
SEC. 4114. CREDENTIALING AND LICENSURE OF VETERANS: DEMONSTRATION
PROJECT
(a) Demonstration Project Authorized.--The Assistant
Secretary for Veterans' Employment and Training [may] shall
carry out a demonstration project on credentialing in
accordance with this section for the purpose of facilitating
the seamless transition of members of the Armed Forces from
service on active duty to civilian employment.
(b) Identification of Military Occupational Specialties and
Associated Credentials and Licenses.--
(1) The [Assistant Secretary shall] Assistant
Secretary of Veterans' Employment and Training shall,
in consultation with the Assistant Secretary for
Employment and Training, select not less than [10
military] five military occupational specialties for
purposes of the demonstration project. Each specialty
so selected by the Assistant Secretary of Veterans'
Employment and Training shall require a skill or set of
skills that is required for civilian employment in an
industry with high growth or high worker demand.
* * * * * * *
[(d) Task Force.--The Assistant Secretary may establish a
task force of individuals with appropriate expertise to provide
assistance to the Assistant Secretary in carrying out this
section.
[(e) Consultation.--In carrying out this section, the
Assistant Secretary shall consult with the Secretary of
Defense, the Secretary of Veterans Affairs, appropriate Federal
and State officials, private-sector employers, labor
organizations, and industry trade associations.
[(f) Contract Authority.--For purposes of carrying out any
part of the demonstration project under this section, the
Assistant Secretary may enter into a contract with a public or
private entity with appropriate expertise.
[(g) Period of Project.--The period during which the
Assistant Secretary may carry out the demonstration project
under this section shall be the period beginning on the date
that is 60 days after the date of the enactment of the Veterans
Benefits, Health Care, and Information Technology Act of 2006
and ending on September 30, 2009.
[(h) Funding.--The Assistant Secretary may carry out the
demonstration project under this section utilizing unobligated
funds that are appropriated in accordance with the
authorization set forth in section 4106 of this title.]
(d) Period of Project.--The period during which the
Assistance Secretary shall carry out the demonstration project
under this section shall be the two-year period beginning on
the date of the enactment of the Hiring Heroes Act of 2011.
* * * * * * *
Wounded Warrior Act
(Public Law 110-181; 10 U.S.C. 1071 note)
Title XVI
* * * * * * *
Subtitle C. Health Care Matters
SEC. 1631. MEDICAL CARE AND OTHER BENEFITS FOR MEMBERS AND FORMER
MEMBERS OF THE ARMED FORCES WITH SEVERE INJURIES OR
ILLNESSES.
* * * * * * *
(b) Rehabilitation and Vocational Benefits.--
(1) * * *
(2) Sunset.--The Secretary of Veterans Affairs may
not provide benefits to a member of the Armed Forces
under this subsection after [December 31, 2012]
December 31, 2014, if the Secretary has not provided
benefits to the member under this subsection before
that date.
* * * * * * *