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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4072 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4072

 To amend title 38, United States Code, to improve employment services 
  for veterans by consolidating various programs in the Department of 
               Veterans Affairs, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2012

  Mr. Miller of Florida (for himself and Mr. Stutzman) introduced the 
   following bill; which was referred to the Committee on Veterans' 
 Affairs, and in addition to the Committee on the Budget, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
 To amend title 38, United States Code, to improve employment services 
  for veterans by consolidating various programs in the Department of 
               Veterans Affairs, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consolidating Veteran Employment 
Services for Improved Performance Act of 2012''.

SEC. 2. TRANSFER OF DEPARTMENT OF LABOR VETERANS PROGRAMS TO DEPARTMENT 
              OF VETERANS AFFAIRS.

    (a) Transfer of Functions.--Effective October 1, 2013, there shall 
be transferred to the Secretary of Veterans Affairs all functions 
performed under the following programs of the Department of Labor, and 
all personnel, assets, and liabilities pertaining to such programs, 
immediately before such transfer occurs:
            (1) Job counseling, training, and placement services for 
        veterans under chapter 41 of title 38, United States Code.
            (2) Employment and training of veterans under chapter 42 of 
        such title.
            (3) Administration of employment and employment rights of 
        members of the uniformed services under chapter 43 of such 
        title.
            (4) Homeless veterans reintegration programs under chapter 
        20 of such title.
    (b) Budget Request.--Under section 1105 of title 31, United States 
Code, the President shall include in the President's budget request for 
the Department of Veterans Affairs for fiscal year 2014, and for each 
subsequent fiscal year, funding requested for the functions referred to 
in subsection (a).
    (c) References.--Any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or pertaining to a department or office from which a function is 
transferred by this Act--
            (1) to the head of such department or office is deemed to 
        refer to the head of the department or office to which such 
        function is transferred; or
            (2) to such department or office is deemed to refer to the 
        department or office to which such function is transferred.
    (d) Exercise of Authorities.--Except as otherwise provided by law, 
a Federal official to whom a function is transferred by this Act may, 
for purposes of performing the function, exercise all authorities under 
any other provision of law that were available with respect to the 
performance of that function to the official responsible for the 
performance of the function immediately before the effective date of 
the transfer of the function under this Act.
    (e) Savings Provisions.--
            (1) Legal documents.--All orders, determinations, rules, 
        regulations, permits, grants, loans, contracts, agreements, 
        certificates, licenses, and privileges--
                    (A) that have been issued, made, granted, or 
                allowed to become effective by the President, the 
                Secretary of Labor, the Secretary of Veterans Affairs, 
                any officer or employee of any office transferred by 
                this Act, or any other Government official, or by a 
                court of competent jurisdiction, in the performance of 
                any function that is transferred by this Act, and
                    (B) that are in effect on the effective date of 
                such transfer (or become effective after such date 
                pursuant to their terms as in effect on such effective 
                date),
        shall continue in effect according to their terms until 
        modified, terminated, superseded, set aside, or revoked in 
        accordance with law by the President, any other authorized 
        official, a court of competent jurisdiction, or operation of 
        law.
            (2) Proceedings.--This Act shall not affect any proceedings 
        or any application for any benefits, service, license, permit, 
        certificate, or financial assistance pending on the date of the 
        enactment of this Act before an office transferred by this Act, 
        but such proceedings and applications shall be continued. 
        Orders shall be issued in such proceedings, appeals shall be 
        taken therefrom, and payments shall be made pursuant to such 
        orders, as if this Act had not been enacted, and orders issued 
        in any such proceeding shall continue in effect until modified, 
        terminated, superseded, or revoked by a duly authorized 
        official, by a court of competent jurisdiction, or by operation 
        of law. Nothing in this subsection shall be considered to 
        prohibit the discontinuance or modification of any such 
        proceeding under the same terms and conditions and to the same 
        extent that such proceeding could have been discontinued or 
        modified if this Act had not been enacted.
            (3) Suits.--This Act shall not affect suits commenced 
        before the date of the enactment of this Act, and in all such 
        suits, proceeding shall be had, appeals taken, and judgments 
        rendered in the same manner and with the same effect as if this 
        Act had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Department of Labor or 
        the Secretary of Labor, or by or against any individual in the 
        official capacity of such individual as an officer or employee 
        of an office transferred by this Act, shall abate by reason of 
        the enactment of this Act.
            (5) Continuance of suits.--If any Government officer in the 
        official capacity of such officer is party to a suit with 
        respect to a function of the officer, and under this Act such 
        function is transferred to any other officer or office, then 
        such suit shall be continued with the other officer or the head 
        of such other office, as applicable, substituted or added as a 
        party.
            (6) Administrative procedure and judicial review.--Except 
        as otherwise provided by this Act, any statutory requirements 
        relating to notice, hearings, action upon the record, or 
        administrative or judicial review that apply to any function 
        transferred by this Act shall apply to the exercise of such 
        function by the head of the Federal agency, and other officers 
        of the agency, to which such function is transferred by this 
        Act.
    (f) Transfer of Assets.--Except as otherwise provided in this Act, 
so much of the personnel, property, records, and unexpended balances of 
appropriations, allocations, and other funds employed, used, held, 
available, or to be made available in connection with a function 
transferred to an official or agency by this Act shall be available to 
the official or the head of that agency, respectively, at such time or 
times as the Director of the Office of Management and Budget directs 
for use in connection with the functions transferred.
    (g) Delegation and Assignment.--Except as otherwise expressly 
prohibited by law or otherwise provided in this Act, an official to 
whom functions are transferred under this Act (including the head of 
any office to which functions are transferred under this Act) may 
delegate any of the functions so transferred to such officers and 
employees of the office of the official as the official may designate, 
and may authorize successive redelegations of such functions as may be 
necessary or appropriate. No delegation of functions under this section 
or under any other provision of this Act shall relieve the official to 
whom a function is transferred under this Act of responsibility for the 
administration of the function.
    (h) Authority of Director of the Office of Management and Budget 
With Respect to Functions Transferred.--
            (1) Determinations.--If necessary, the Director of 
        Management and Budget shall make any determination of the 
        functions that are transferred under this Act.
            (2) Incidental transfers.--The Director, at such time or 
        times as the Director shall provide, may make such 
        determinations as may be necessary with regard to the functions 
        transferred by this Act, and to make such additional incidental 
        dispositions of personnel, assets, liabilities, grants, 
        contracts, property, records, and unexpended balances of 
        appropriations, authorizations, allocations, and other funds 
        held, used, arising from, available to, or to be made available 
        in connection with such functions, as may be necessary to carry 
        out the provisions of this Act. The Director shall provide for 
        the termination of the affairs of all entities terminated by 
        this Act and for such further measures and dispositions as may 
        be necessary to effectuate the purposes of this Act.
    (i) Certain Vesting of Functions Considered Transfers.--For 
purposes of this Act, the vesting of a function in a department or 
office pursuant to reestablishment of an office shall be considered to 
be the transfer of the function.
    (j) Availability of Existing Funds.--Existing appropriations and 
funds available for the performance of functions, programs, and 
activities terminated pursuant to this Act shall remain available, for 
the duration of their period of availability, for necessary expenses in 
connection with the termination and resolution of such functions, 
programs, and activities.
    (k) Definitions.--For purposes of this Act--
            (1) the term ``function'' includes any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program; and
            (2) the term ``office'' includes any office, 
        administration, agency, bureau, institute, council, unit, 
        organizational entity, or component thereof.

SEC. 3. DEPUTY UNDER SECRETARY OF VETERANS AFFAIRS FOR VETERANS' 
              EMPLOYMENT AND TRAINING.

    (a) In General.--Subsection (a) of section 4102A of title 38, 
United States Code, is amended to read as follows:
    ``(a) Deputy Under Secretary for Veterans' Employment and 
Training.--(1) There is established within the Department a Deputy 
Under Secretary for Veterans' Employment and Training, who shall 
formulate and implement all departmental policies and procedures to 
carry out--
            ``(A) the purposes of this chapter, chapter 42, and chapter 
        43 of this title; and
            ``(B) all other Department employment, unemployment, and 
        training programs to the extent they affect veterans.
    ``(2) The employees of the Department administering chapter 43 of 
this title shall be administratively and functionally responsible to 
the Deputy Under Secretary for Veterans' Employment and Training.''.
    (b) Clerical Amendments.--Chapter 41 of title 38, United States 
Code, is amended as follows:
            (1) The section heading of section 4102A of such title is 
        amended to read as follows:
``Sec. 4102A. Deputy Under Secretary for Veterans' Employment and 
              Training; program functions; Regional Administrators''.
            (2) The item relating to such section in the table of 
        sections at the beginning of such chapter is amended to read as 
        follows:

``4102A. Deputy Under Secretary for Veterans' Employment and Training; 
                            program functions; Regional 
                            Administrators.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2013.

SEC. 4. CONSOLIDATION OF DISABLED VETERANS OUTREACH PROGRAM AND LOCAL 
              VETERANS' EMPLOYMENT REPRESENTATIVES.

    (a) Consolidation.--
            (1) In general.--Section 4104 of title 38, United States 
        Code, is amended to read as follows:
``Sec. 4104. Veteran employment specialists
    ``(a) Requirement for Employment by States.--(1) Subject to 
approval by the Secretary, a State shall employ such full- or part-time 
veteran employment specialists as the State determines appropriate and 
efficient to carry out the following:
            ``(A) Employment, training, and placement services under 
        this chapter.
            ``(B) Intensive services under this chapter to meet the 
        employment needs of eligible veterans with the following 
        priority in the provision of services:
                    ``(i) Special disabled veterans.
                    ``(ii) Other disabled veterans.
                    ``(iii) Other eligible veterans in accordance with 
                priorities determined by the Secretary taking into 
                account applicable rates of unemployment and the 
                employment emphases set forth in chapter 42 of this 
                title.
    ``(2) In the provision of services in accordance with this 
subsection, maximum emphasis in meeting the employment and training 
needs of veterans shall be placed on assisting economically or 
educationally disadvantaged veterans.
    ``(b) Principal Duties.--As principal duties, veteran employment 
specialists shall--
            ``(1) conduct outreach to employers in the area to assist 
        veterans and disabled veterans in gaining employment, including 
        conducting seminars for employers and, in conjunction with 
        employers, conducting job search workshops and establishing job 
        search groups; and
            ``(2) facilitate employment, training, and placement 
        services furnished to veterans and disabled veterans in a State 
        under the applicable State employment service delivery systems.
    ``(c) Requirement for Qualified Veterans.--(1) A State shall, to 
the maximum extent practicable, employ qualified veterans to carry out 
the services referred to in subsection (a). Preference shall be given 
in the appointment of such specialists to qualified disabled veterans. 
Preference shall be accorded in the following order:
            ``(A) To qualified service-connected disabled veterans.
            ``(B) If no veteran described in subparagraph (A) is 
        available, to qualified eligible veterans.
            ``(C) If no veteran described in subparagraph (A) or (B) is 
        available, then to qualified eligible persons.
    ``(2)(A) Each State that employs a veteran employment specialist 
under this section shall submit to the Secretary an annual report on 
the qualifications used by the State in making hiring determinations 
for such specialists and the salary structure under which such 
specialists are compensated.
    ``(B) The Secretary shall submit to the Committees on Veterans' 
Affairs of the Senate and House of Representatives an annual report 
summarizing the reports submitted under subparagraph (A).
    ``(d) Part-Time Employees.--A part-time veteran employment 
specialist shall perform the functions of a veteran employment 
specialist under this section on a halftime basis.
    ``(e) Reporting.--Each veteran employment specialist shall be 
administratively responsible to the manager of the employment service 
delivery system and shall provide reports, not less frequently than 
quarterly, to the manager of such office and to the Director for 
Veterans' Employment and Training for the State regarding compliance 
with Federal law and regulations with respect to special services and 
priorities for eligible veterans and eligible persons.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by striking the item 
        relating to section 4104 and inserting the following new item:

``4104. Veteran employment specialists.''.
    (b) Conforming Amendments.--Such title is further amended--
            (1) by striking section 4103A and by striking the item 
        relating to such section in the table of sections at the 
        beginning of chapter 41 of such title;
            (2) in section 4102A--
                    (A) in subsection (b)--
                            (i) in paragraph (5)--
                                    (I) by striking subparagraph (B) 
                                and redesignating subparagraph (C) as 
                                subparagraph (B);
                                    (II) by amending subparagraph (A) 
                                to read as follows:
                    ``(A) veteran employment specialists appointed 
                under section 4104(a) of this title; and''; and
                                    (III) in subparagraph (B), as so 
                                redesignated, by striking ``such 
                                specialists and representatives 
                                described in subparagraphs (A) and 
                                (B)'' and inserting ``such 
                                representatives described in 
                                subparagraph (A)''; and
                            (ii) in paragraph (7), by striking 
                        ``disabled veterans' outreach program 
                        specialists and through local veterans' 
                        employment representatives'' and inserting 
                        ``veteran employment specialists'';
                    (B) in subsection (c)--
                            (i) in paragraph (1)--
                                    (I) by striking ``sections 4103A(a) 
                                and'' and inserting ``section''; and
                                    (II) by striking ``section 4103A 
                                or'';
                            (ii) in paragraph (2)(A)--
                                    (I) in clause (i)(I)--
                                            (aa) by striking ``disabled 
                                        veterans' outreach program 
                                        specialists and local veterans' 
                                        employment representatives'' 
                                        and inserting ``veteran 
                                        employment specialists''; and
                                            (bb) by striking ``sections 
                                        4103A and 4104'' and inserting 
                                        ``section 4104''; and
                                    (II) in clause (iii), by striking 
                                ``disabled veterans' outreach program 
                                specialist or a local veterans' 
                                employment representative'' and 
                                inserting ``veteran employment 
                                specialist'';
                            (iii) in paragraph (4), by striking ``4103A 
                        or'';
                            (iv) in paragraph (5), by striking 
                        ``disabled veterans' outreach program 
                        specialist and local veterans' employment 
                        representative'' and inserting ``veteran 
                        employment specialist'';
                            (v) in paragraph (7), by striking ``4103A 
                        or''; and
                            (vi) in paragraph (8)(A)--
                                    (I) by striking ``4103A or''; and
                                    (II) by striking ``disabled 
                                veterans' outreach program specialist 
                                or a local veterans' employment 
                                representative'' and inserting 
                                ``veteran employment specialist''; and
                    (C) in subsection (f)(1), by striking ``disabled 
                veterans' outreach program specialists and local 
                veterans' employment representatives'' and inserting 
                ``veteran employment specialists''; and
            (3) in section 4109(a), by striking ``disabled veterans' 
        outreach program specialists, local veterans' employment 
        representatives'' and inserting ``veteran employment 
        specialists'';
            (4) in section 4112(d)--
                    (A) in paragraph (1), by striking ``disabled 
                veterans' outreach program specialist'' and inserting 
                ``veteran employment specialist''; and
                    (B) by striking paragraph (2) and redesignating 
                paragraph (3) as paragraph (2); and
            (5) in section 3672(d)(1), by striking ``disabled veterans' 
        outreach program specialists under section 4103A'' and 
        inserting ``veteran employment specialists appointed under 
        section 4104(a)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2013.

SEC. 5. ADDITIONAL TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Chapter 41.--Chapter 41 of title 38, United States Code, as 
amended by this Act, is further amended as follows:
            (1) By striking ``Assistant Secretary of Labor for 
        Veterans' Employment and Training'' each place it appears and 
        inserting ``Deputy Under Secretary for Veterans' Employment and 
        Training''.
            (2) By striking ``Department of Labor'' each place it 
        appears and inserting ``Department''.
            (3) By striking ``Secretary of Labor'' each place it 
        appears and inserting ``Secretary''.
            (4) In section 4101, by striking paragraph (8).
            (5) In section 4102A(b)--
                    (A) in paragraph (1), by striking ``such Assistant 
                Secretary'' and inserting ``such Deputy Under 
                Secretary''; and
                    (B) in paragraph (3), by striking ``and consulting 
                with the Secretary of Veterans Affairs''.
            (6) In section 4105(b), by striking ``and the Secretary of 
        Veterans Affairs'' both places it appears.
            (7) By striking section 4108.
            (8) In the table of sections at the beginning of such 
        chapter, by striking the item relating to section 4108.
            (9) In section 4110(d), by striking paragraph (1) and 
        redesignating paragraphs (2) through (6) as paragraphs (1) 
        through (5), respectively.
            (10) In section 4110A(b), by striking ``Congress'' and 
        inserting ``the Committees on Veterans' Affairs of the Senate 
        and House of Representatives''.
            (11) In subsections (b) through (h) of section 4114, by 
        striking ``Assistant Secretary'' each place it appears and 
        inserting ``Deputy Under Secretary''.
    (b) Chapter 42.--Chapter 42 of title 38, United States Code, is 
amended as follows:
            (1) By striking ``Secretary of Labor'' each place it 
        appears and inserting ``Secretary''.
            (2) By striking ``Department of Labor'' each place it 
        appears and inserting ``Department''.
    (c) Chapter 43.--Chapter 43 of title 38, United States Code, is 
amended as follows:
            (1) In section 4303, by striking paragraph (11).
            (2) By striking ``Secretary of Veterans Affairs'' each 
        place it appears and inserting ``Secretary''.
            (3) In section 4321, by striking ``(through the Veterans' 
        Employment and Training Service)''.
            (4) In section 4332(a)(1), by striking ``of Labor''.
            (5) In section 4333, by striking ``, the Secretary of 
        Defense, and the Secretary of Veterans Affairs'' and inserting 
        ``and the Secretary of Defense''.
    (d) Chapter 20.--Chapter 20 of title 38, United States Code, is 
amended as follows:
            (1) In section 2003(a)(4), by striking ``of the Department 
        of Labor''.
            (2) In section 2011(g)(2), by striking ``the Department of 
        Labor,''.
            (3) In section 2021--
                    (A) by striking ``Secretary of Labor'' each place 
                it appears and inserting ``Secretary''; and
                    (B) in subsection (c)--
                            (i) by striking the subsection heading and 
                        inserting the following:
    ``(c) Administration Through Deputy Under Secretary for Veterans' 
Employment and Training.--''; and
                            (ii) by striking ``Assistant Secretary of 
                        Labor for Veterans' Employment and Training'' 
                        and inserting ``Deputy Under Secretary for 
                        Veterans' Employment and Training''.
            (4) In section 2021A--
                    (A) by striking ``Secretary of Labor'' each place 
                it appears and inserting ``Secretary''; and
                    (B) in subsection (d)--
                            (i) by striking the subsection heading and 
                        inserting the following:
    ``(d) Administration Through Deputy Under Secretary for Veterans' 
Employment and Training.--''; and
                            (ii) by striking ``Assistant Secretary of 
                        Labor for Veterans' Employment and Training'' 
                        and inserting ``Deputy Under Secretary for 
                        Veterans' Employment and Training''.
            (5) In section 2023--
                    (A) in subsection (a), by striking ``and the 
                Secretary of Labor (hereinafter in this section 
                referred to as the `Secretaries')''; and
                    (B) by striking ``Secretaries'' each place it 
                appears and inserting ``Secretary''.
            (6) In section 2065(b)(5), by striking subparagraph (E) and 
        redesignating subparagraphs (F) through (H) as subparagraphs 
        (E) through (G), respectively.
            (7) In section 2066(a)(3), by striking subparagraph (A) and 
        redesignating subparagraphs (B) through (G) as subparagraphs 
        (A) through (F), respectively.
    (e) Other Provisions of Title 38.--Title 38, United States Code, is 
further amended as follows:
            (1) In section 542(a)(2)(B), by striking clause (i) and 
        redesignating clauses (ii) and (iii) as clauses (i) and (ii), 
        respectively.
            (2) In section 544(a)(2)(B), by striking clause (i) and 
        redesignating clauses (ii) through (vi) as clauses (i) through 
        (v), respectively.
            (3) In section 3118(b), by striking ``and the Assistant 
        Secretary for Veterans' Employment in the Department of 
        Labor''.
            (4) In section 3119(c), by striking ``Education, the 
        Assistant Secretary for Veterans' Employment in the Department 
        of Labor,''.
            (5) In section 3121(a)(3)--
                    (A) by striking ``, (B)'' and inserting ``and 
                (B)''; and
                    (B) by striking ``, and (C) one representative of 
                the Assistant Secretary of Labor for Veterans' 
                Employment and Training of the Department of Labor. (b) 
                The Secretary shall, on a regular basis, consult with 
                and seek the advice of the Committee with respect to 
                the administration of veterans' rehabilitation programs 
                under this title''.
            (6) In section 3692(a), by striking ``and the Assistant 
        Secretary of Labor for Veterans' Employment and Training shall 
        be ex officio members'' and inserting ``an ex officio member''.
            (7) In section 6306--
                    (A) in subsection (a), by striking ``shall arrange 
                with the Secretary of Labor for the State employment 
                service to match'' and inserting ``shall ensure that 
                the State employment service matches''; and
                    (B) in subsection (b), by striking ``, in 
                consultation with the Secretary of Labor,''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2013.
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