[House Report 111-627]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-627
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AMENDING TITLE 38, UNITED STATES CODE, TO PROVIDE FOR QUALIFICATIONS
FOR VOCATIONAL REHABILITATION COUNSELORS AND VOCATIONAL REHABILITATION
EMPLOYMENT COORDINATORS EMPLOYED BY THE DEPARTMENT OF VETERANS AFFAIRS
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September 28, 2010.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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Mr. Filner, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
[To accompany H.R. 5630]
The Committee on Veterans' Affairs, to whom was referred the
bill (H.R. 5630) to amend title 38, United States Code, to
provide for qualifications for vocational rehabilitation
counselors and vocational rehabilitation employment
coordinators employed by the Department of Veterans Affairs,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Earmarks and Tax and Tariff Benefits............................. 4
Committee Cost Estimate.......................................... 4
Congressional Budget Office Estimate............................. 4
Federal Mandates Statement....................................... 4
Advisory Committee Statement..................................... 4
Constitutional Authority Statement............................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
H.R. 5630 was introduced on June 29, 2010, by
Representative John Boozman of Arkansas, Ranking Member of the
Subcommittee on Economic Opportunity. H.R. 5630 seeks to set
minimum professional qualifications for Vocational
Rehabilitation Counselors and Vocational Rehabilitation
Employment Coordinators within the Department of Veterans
Affairs (VA). The bill would also require the Secretary of the
VA to prescribe and enforce a remediation program for
Counselors and Coordinators who do not meet or maintain such
qualifications.
Background and Need for Legislation
To qualify for the VA Vocational, Rehabilitation, and
Employment (VR&E) program, a veteran must have a 20 percent
service-connected disability rating and an employment handicap
that has a substantial impact upon the veterans' ability to
``prepare for, obtain, or retain employment consistent with
such veteran's abilities, aptitudes, and interests.'' Veterans
with a 10 percent service-connected disability rating which
creates a ``serious employment handicap'' may also be eligible
for VR&E benefits.
The VR&E program includes:
Comprehensive rehabilitation evaluation to
determine abilities, skills, and interests for
employment;
Vocational counseling and rehabilitation
planning for employment services;
Employment services such as job training,
job-seeking skills, resume development, and other work
readiness assistance;
Assistance finding and keeping a job,
including the use of special employer incentives and
job accommodations for On-the-Job Training (OJT),
apprenticeships, and non-paid work experiences;
Post-secondary training at a college,
vocational, technical or business school;
Supportive rehabilitation services including
case management, counseling, and medical referrals for
Independent Living services for veterans unable to work
due to the severity of their disabilities.
To provide these services to disabled veterans requires a
significant level of education and clinical training. A
Government Accountability Office (GAO) report titled VA
Vocational Rehabilitation and Employment: Better Incentives,
Workforce Planning, and Performance Reporting Could Improve
Program (GAO 09-34, January 2009) stated that ``[i]n terms of
skill shortages, almost one-third of the regional offices
reported that the skills of their counselors no more than
moderately meet the needs of the veterans they serve and almost
one-third reported the same for their employment coordinators''
(GAO report at 17).
Vocational Rehabilitation Counselors provide all initial
testing and evaluation to assist a disabled veteran with
placement in one of the five VR&E tracks. VR&E Counselors also
provide continuing case management services while the veteran
is participating in the program. Although it is the Committee's
understanding that VA currently only hires rehabilitation
counselors with master's degrees, there is no requirement to
obtain or maintain professional certification in the field.
H.R. 5630 would place such initial hiring qualifications in
statute and require counselors to obtain and maintain
certification of their counseling skills from a national
accrediting organization within five years of employment at VA.
VR&E Employment Coordinators are responsible for assisting
VR&E participants with finding employment upon completion of
the program of rehabilitation. This function also requires a
level of skill and education to properly evaluate the skills
and needs of disabled veterans completing VR&E.
H.R. 5630 would require that in order to be employed by the
VA as a Vocational Rehabilitation Employment Coordinator, an
individual must have completed a bachelor's degree in a
relevant field, obtain certification within five years after
being first employed by an accredited certifying body
recognized by the National Commission for Certifying Agencies,
and maintain such certification as a condition of continued
employment. In order to be employed as a Vocational
Rehabilitation Counselor, an individual must have completed a
master's degree in vocational rehabilitation counseling, obtain
certification within five years after being first employed by
an accredited certifying body recognized by the National
Commission for Certifying Agencies, and maintain such
certification as a condition of continued employment.
H.R. 5630 also directs the Secretary to develop a
remediation plan for counselors and coordinators who fail to
meet these standards and to terminate any such employee who
fails to meet the requirements of the tailored remediation
plan.
Hearings
The Subcommittee on Economic Opportunity held two oversight
hearings regarding the VA's Vocational Rehabilitation and
Employment program during the 111th Congress on April 2, 2009,
and May 6, 2010.
Committee Consideration
On September 15, 2010, the full Committee met in an open
markup session, a quorum being present, and ordered H.R. 5630
reported favorably to the House of Representatives, by voice
vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report the legislation and amendments thereto.
There were no record votes taken on amendments or in connection
with ordering H.R. 5630 reported to the House. A motion by Mr.
Buyer of Indiana to order H.R. 5630 reported favorably to the
House of Representatives was agreed to by voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee will adopt as
its own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 5630 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee will adopt as its own the cost estimate on
H.R. 5630 prepared by the Director of the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, a cost estimate for H.R. 5630
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974 was not available
when the Committee filed this report.
Federal Mandates Statement
The Committee will adopt as its own the estimate of Federal
mandates regarding H.R. 5630 prepared by the Director of the
Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
5630.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for H.R. 5630 is provided by Article
I, section 8 of the Constitution of the United States.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Qualification for vocational rehabilitation counselors and
vocational rehabilitation employment coordinators employed by
the Department of Veterans Affairs
This section would establish the completion of a master's
degree as the minimum qualification to be hired by VA as an
employment counselor and a bachelor's degree as the minimum
qualification to be hired by VA as an employment eoordinator.
This section also would require obtaining and maintaining
national certification.
This section also requires the Secretary of VA to tailor a
remediation plan for counselors and coordinators who fail to
meet or maintain such qualifications and to terminate those who
do not successfully comply with a remediation program.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
TITLE 38, UNITED STATES CODE
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PART III--READJUSTMENT AND RELATED BENEFITS
* * * * * * *
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
Sec.
3100. Purposes.
* * * * * * *
3123. Qualifications for vocational rehabilitation counselors and
vocational rehabilitation employment coordinators.
* * * * * * *
Sec. 3123. Qualifications for vocational rehabilitation counselors and
vocational rehabilitation employment coordinators
(a) Vocational Rehabilitation Counselors.--Each individual
employed by the Department as a vocational rehabilitation
counselor shall--
(1) have completed a masters degree in vocational
rehabilitation counseling before being so employed;
(2) by not later than five years after the individual
is first so employed, obtain certification by an
accredited certifying body recognized by the National
Commission for Certifying Agencies; and
(3) as a condition of continued employment, maintain
such certification.
(b) Vocational Rehabilitation Employment Coordinators.--Each
individual employed by the Department as a vocational
rehabilitation employment coordinator shall--
(1) have completed a bachelors degree in the relevant
field, as designated by the Secretary, before being so
employed;
(2) by not later than five years after the individual
is first so employed, obtain certification by an
accredited certifying body recognized by the National
Commission for Certifying Agencies; and
(3) as a condition of continued employment, maintain
such certification.
(c) Remediation Plan.--If an individual employed by the
Department as a vocational rehabilitation counselor or a
vocational rehabilitation employment coordinator fails to meet
a condition of employment applicable to such individual under
subsection (a) or (b), the Director of the Vocational
Rehabilitation and Employment Service shall develop a
remediation plan for such individual. If the individual fails
to complete the remediation plan, such failure shall be cause
for termination.
* * * * * * *