September 12, 2012 CONGRESSIONAL RECORD — SENATE S6275 

SA 2800. Mr. PORTMAN (for himself and 

Mr. BEGICH) submitted an amendment intended to be proposed by him to the bill S. 

3457, supra; which was ordered to lie on the 

table. 

SA 2801. Ms. SNOWE submitted an amendment intended to be proposed by her to the 

bill S. 3457, supra; which was ordered to lie 

on the table. 

SA 2802. Ms. SNOWE (for herself and Mr. 

BEGICH) submitted an amendment intended 

to be proposed by her to the bill S. 3457, 

supra; which was ordered to lie on the table. 

SA 2803. Mr. BROWN, of Ohio submitted an 

amendment intended to be proposed by him 

to the bill S. 3457, supra; which was ordered 

to lie on the table. 

SA 2804. Mr. PRYOR (for himself, Mr. 

BOOZMAN, and Mr. WYDEN) submitted an 

amendment intended to be proposed by him 

to the bill S. 3457, supra; which was ordered 

to lie on the table. 

SA 2805. Mr. PRYOR submitted an amendment intended to be proposed by him to the 

bill S. 3457, supra; which was ordered to lie 

on the table. 

SA 2806. Mr. BOOZMAN submitted an 

amendment intended to be proposed by him 

to the bill S. 3457, supra; which was ordered 

to lie on the table. 

SA 2807. Mr. BROWN, of Ohio (for himself, 

Mr. SANDERS, and Mr. BEGICH) submitted an 

amendment intended to be proposed by him 

to the bill S. 3457, supra; which was ordered 

to lie on the table. 

SA 2808. Mr. REID proposed an amendment 

to amendment SA 2789 proposed by Mrs. 

MURRAY to the bill S. 3457, supra. 

SA 2809. Mr. REID proposed an amendment 

to amendment SA 2808 proposed by Mr. REID

to the amendment SA 2789 proposed by Mrs. 

MURRAY to the bill S. 3457, supra. 

SA 2810. Mr. REID proposed an amendment 

to the bill S. 3457, supra. 

SA 2811. Mr. REID proposed an amendment 

to amendment SA 2810 proposed by Mr. REID

to the bill S. 3457, supra. 

SA 2812. Mr. REID proposed an amendment 

to the bill S. 3457, supra. 

SA 2813. Mr. REID proposed an amendment 

to amendment SA 2812 proposed by Mr. REID

to the bill S. 3457, supra. 

SA 2814. Mr. REID proposed an amendment 

to amendment SA 2813 proposed by Mr. REID

to the amendment SA 2812 proposed by Mr. 

REID to the bill S. 3457, supra. 

SA 2815. Mr. PAUL submitted an amendment intended to be proposed by him to the 

bill S. 3457, supra; which was ordered to lie 

on the table. 

SA 2816. Ms. COLLINS (for herself, Mr. LIEBERMAN, and Mr. BLUMENTHAL) submitted an 

amendment intended to be proposed by her 

to the bill S. 3457, supra; which was ordered 

to lie on the table. 

f 

TEXT OF AMENDMENTS 

SA 2790. Mr. BLUMENTHAL (for 

himself, Ms. SNOWE, and Mr. BEGICH) 

submitted an amendment intended to 

be proposed by him to the bill S. 3457, 

to require the Secretary of Veterans 

Affairs to establish a veterans jobs 

corps, and for other purposes; which 

was ordered to lie on the table; as follows: 

At the end, add the following: 

SEC. ll. VICTORY FOR VETERANS STAMP. 

(a) IN GENERAL.—Title 39, United States 

Code, is amended by inserting after section 

414 the following: 

‘‘§ 414a. Victory for Veterans stamp 

‘‘(a) In order to provide members of the 

public an opportunity to honor their veterans by supporting veterans’ employment 

programs, to reduce the deficit, and to preserve the vital role of the United States 

Postal Service, the Postal Service shall issue 

a special stamp (referred to in this section as 

the ‘Victory for Veterans Stamp’) in accordance with the provisions of this section. 

‘‘(b) The Victory for Veterans Stamp— 

‘‘(1) shall not be valid for purposes of postage; and 

‘‘(2) shall be offered at a cost equal to 25 

cents. 

‘‘(c)(1) The amounts becoming available 

from the sale of the Victory for Veterans 

Stamp shall be used as follows: 

‘‘(A) One-third of such amounts shall be 

transferred to the Department of Veterans 

Affairs for purposes of funding vocational rehabilitation programs for veterans under 

chapter 31 of title 38. 

‘‘(B) One-third of such amounts shall be 

transferred to the general fund of the Treasury for purposes of deficit reduction. 

‘‘(C) One-third of such amounts shall be 

used by the Postal Service to satisfy obligations incurred under section 2005. 

‘‘(2) Amounts transferred under this subsection to an agency under paragraph (1)(A) 

or (1)(B) shall be made under such arrangements as the Postal Service shall by mutual 

agreement with such agency establish in 

order to carry out the purposes of this section. 

‘‘(3) For purposes of this section, the term 

‘amounts becoming available from the sale 

of the Victory for Veterans Stamp’ means— 

‘‘(A) the total amounts received by the 

Postal Service that it would not have received but for the enactment of this section, 

reduced by 

‘‘(B) an amount sufficient to cover reasonable costs incurred by the Postal Service in 

carrying out this section, including those attributable to the printing, sale, and distribution of the Victory for Veterans Stamp 

under this section, as determined by the 

Postal Service under regulations that it 

shall prescribe. 

‘‘(d) Amounts transferred under subsection 

(c)(1)(A) to the Department of Veterans Affairs shall not be taken into account in any 

decision relating to the level of appropriations or other Federal funding to be furnished in any year to the Department. 

‘‘(e) The Victory for Veterans Stamp shall 

be made available to the public beginning on 

such date as the Postal Service shall by regulation prescribe, but in no event later than 

6 months after the date of the enactment of 

this section. 

‘‘(f) The Postmaster General shall include 

in each report rendered under section 2402 information concerning the operation of this 

section.’’. 

(b) CONFORMING AMENDMENT.—The table of 

sections for title 39, United States Code, is 

amended by inserting after the item relating 

to section 414 the following: 

‘‘414a. Victory for Veterans stamp.’’. 

SA 2791. Mr. BLUMENTHAL submitted an amendment intended to be 

proposed by him to the bill S. 3457, to 

require the Secretary of Veterans Affairs to establish a veterans jobs corps, 

and for other purposes; which was ordered to lie on the table; as follows: 

At the end, add the following: 

SEC. lll. VETERANS EDUCATION OUTREACH 

PROGRAM. 

(a) ESTABLISHMENT.—Chapter 36 of title 38, 

United States Code, is amended by adding at 

the end of subchapter II the following new 

section: 

‘‘§ 3697B. Veterans education outreach program 

‘‘(a) IN GENERAL.—The Secretary shall provide funding for offices of veterans affairs at 

institutions of higher learning, as defined in 

section 3452(f), in accordance with this section. 

‘‘(b) PAYMENTS TO INSTITUTIONS OF HIGHER

LEARNING.—(1)(A) The Secretary shall, subject to the availability of appropriations, 

make payments to any institution of higher 

learning, under and in accordance with this 

section, during any fiscal year if the number 

of persons eligible for services from offices 

assisted under this section at the institution 

is at least 50, determined in the same manner as the number of eligible veterans or eligible persons is determined under section 

3684(c) of this title. 

‘‘(B) The persons who are eligible for services from the offices assisted under this section are persons receiving educational assistance administered by the Department of Veterans Affairs, including assistance provided 

under chapter 1606 of title 10. 

‘‘(2) To be eligible for a payment under this 

section, an institution of higher learning or 

a consortium of institutions of higher learning, as described in paragraph (3), shall submit an application to the Secretary. The application shall— 

‘‘(A) set forth such policies, assurances, 

and procedures that will ensure that— 

‘‘(i) the funds received by the institution, 

or each institution in a consortium of institutions described in paragraph (3), under this 

section will be used solely to carry out this 

section; 

‘‘(ii) for enhancing the functions of its veterans education outreach program, the applicant will expend, during the academic year 

for which a payment is sought, an amount 

equal to at least the amount of the award 

under this section from sources other than 

this or any other Federal program; and 

‘‘(iii) the applicant will submit to the Secretary such reports as the Secretary may require or as are required by this section; 

‘‘(B) contain such other statement of policies, assurances, and procedures as the Secretary may require in order to protect the financial interests of the United States; 

‘‘(C) set forth such plans, policies, assurances, and procedures as will ensure that the 

applicant will maintain an office of veterans’ 

affairs which has responsibility for— 

‘‘(i) veterans’ certification, outreach, recruitment, and special education programs, 

including the provision of or referral to educational, vocational, and personal counseling 

for veterans; and 

‘‘(ii) providing information regarding other 

services provided veterans by the Department, including the readjustment counseling 

program authorized under section 1712A of 

this title and the programs carried out under 

chapters 41 and 42 of this title; and 

‘‘(D) be submitted at such time or times, in 

such manner, in such form, and contain such 

information as the Secretary determines 

necessary to carry out the functions of the 

Secretary under this section. 

‘‘(3) An institution of higher learning 

which is eligible for funding under this section and which the Secretary determines 

cannot feasibly carry out, by itself, any or 

all of the activities set forth in paragraph 

(2)(C), may carry out such program or programs through a consortium agreement with 

one or more other institutions of higher 

learning in the same community. 

‘‘(4) The Secretary shall not approve an application under this subsection unless the 

Secretary determines that the applicant will 

implement the requirements of paragraph 

(2)(C) within the first academic year during 

which it receives a payment under this section. 

‘‘(c) AMOUNT OF PAYMENTS.—(1)(A) Subject 

to subparagraph (B), the amount of the payment which any institution shall receive 

under this section for any fiscal year shall be 

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S6276 CONGRESSIONAL RECORD — SENATE September 12, 2012 

$100 for each person who is described in subsection (b)(1)(B). 

‘‘(B) The maximum amount of payments to 

any institution of higher learning, or any 

branch thereof which is located in a community which is different from that in which 

the parent institution thereof is located, in 

any fiscal year is $150,000. 

‘‘(2)(A) The Secretary shall pay to each institution of higher learning which has had an 

application approved under subsection (b) 

the amount which it is to receive under this 

section. If the amount appropriated for any 

fiscal year is not sufficient to pay the 

amounts which all such institutions are to 

receive, the Secretary shall ratably reduce 

such payments. If any amount becomes 

available to carry out this section for a fiscal year after such reductions have been imposed, such reduced payments shall be increased on the same basis as they were reduced. 

‘‘(B) In making payments under this section for any fiscal year, the Secretary shall 

apportion the appropriation for making such 

payments, from funds which become available as a result of the limitation on payments set forth in paragraph (1)(B), in an equitable manner. 

‘‘(d) COORDINATION AND PROVISION OF ASSISTANCE, TECHNICAL CONSULTATION, AND INFORMATION.—The Secretary, in carrying out 

the provisions of this section, shall seek to 

assure the coordination of programs assisted 

under this section with other programs carried out by the Department pursuant to this 

title, and the Secretary shall provide all assistance, technical consultation, and information otherwise authorized by law as necessary to promote the maximum effectiveness of the activities and programs assisted 

under this section. 

‘‘(e) BEST PRACTICES AND ADMINISTRATION.—(1) From the amounts made available 

for any fiscal year under subsection (f), the 

Secretary shall retain one percent or $20,000, 

whichever is less, for the purpose of collecting information about exemplary veterans educational outreach programs and 

disseminating that information to other institutions of higher learning having such 

programs on their campuses. Such collection 

and dissemination shall be done on an annual basis. 

‘‘(2) From the amounts made available 

under subsection (f), the Secretary may retain not more than two percent for the purpose of administering this section. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to 

carry out this section $6,000,000 for fiscal 

year 2012 and each fiscal year thereafter.’’. 

(b) CLERICAL AMENDMENT.—The table of 

sections at the beginning of chapter 36 of 

title 38, United States Code, is amended by 

inserting after the item relating to section 

3697A the following new item: 

‘‘3697B. Veterans education outreach program.’’. 

SA 2792. Mr. BLUMENTHAL submitted an amendment intended to be 

proposed by him to the bill S. 3457, to 

require the Secretary of Veterans Affairs to establish a veterans jobs corps, 

and for other purposes; which was ordered to lie on the table; as follows: 

At the end, add the following: 

SEC. lll. DEPARTMENT OF LABOR PROGRAM 

TO SECURE JOB OPPORTUNITIES 

FOR VETERANS. 

(a) DEFINITIONS.—In this section: 

(1) COVERED VETERAN.—In this subsection, 

the term ‘‘covered veteran’’ means a veteran 

with traumatic brain injury or post-traumatic stress disorder. 

(2) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of Labor, acting 

through the Assistant Secretary for Disability Employment Policy. 

(3) VETERAN.—The term ‘‘veteran’’ means a 

veteran, as defined in section 101 of title 38, 

United States Code. 

(b) TECHNICAL ASSISTANCE.—The Secretary 

shall carry out a program through which the 

Secretary shall— 

(1) provide technical assistance to prospective employers and employers of covered veterans, to enable the prospective employers 

and employers to employ and retain covered 

veterans; 

(2) provide technical assistance for entities 

in the workforce development system, to enable the entities to help covered veterans obtain employment and succeed in that employment; 

(3) receive referrals for technical assistance described in paragraphs (1) and (2) from 

reserve components described in section 101 

of title 10, United States Code, business organizations, and Federal agencies; and 

(4) conduct outreach concerning such technical assistance through regional offices of 

the Department of Labor. 

(c) INFORMATION ON BEST PRACTICES.—The 

Secretary shall disseminate information on 

best practices related to assisting covered 

veterans in obtaining employment and developing strategies to succeed in that employment. The Secretary shall disseminate the 

information to business organizations and 

employers (including veteran-owned businesses), human resource organizations, government agencies, and Federal contractors. 

(d) INTERAGENCY WORKING GROUP.— 

(1) ESTABLISHMENT OF WORKING GROUP.— 

The Secretary shall establish a working 

group, consisting of representatives of Federal agencies with programs that assist covered veterans in obtaining or maintaining 

employment. 

(2) DUTIES OF WORKING GROUP.—The working group shall share information on best 

practices, share resources, and develop a 

plan, for providing such assistance to the 

covered veterans. The working group shall 

submit the plan to the heads of the Federal 

agencies. 

(3) FUNCTIONS OF FEDERAL AGENCIES.—Each 

head of a Federal agency receiving the plan 

shall consider the plan and make appropriate 

changes to carry out functions that assist 

covered veterans in obtaining and maintaining employment. 

SA 2793. Mr. BLUMENTHAL submitted an amendment intended to be 

proposed by him to the bill S. 3457, to 

require the Secretary of Veterans Affairs to establish a veterans jobs corps, 

and for other purposes; which was ordered to lie on the table; as follows: 

At the end, add the following: 

SEC. lll. IMPROVEMENTS TO PLANS FOR VETERANS WITH TRAUMATIC BRAIN INJURY FOR REHABILITATION AND REINTEGRATION INTO THE COMMUNITY. 

Section 1710C(b) of title 38, United States 

Code, is amended— 

(1) by redesignating paragraphs (3) through 

(5) as paragraphs (5) through (7), respectively; and 

(2) by inserting after paragraph (2) the following new paragraphs: 

‘‘(3) With respect to individuals who are 

veterans described in subsection (b) of section 3120 of this title, participation in programs of independent living services provided under subsection (a) of such section. 

‘‘(4) Employment support services provided 

under section 1718(d)(2) of this title.’’. 

SA 2794. Mr. BLUMENTHAL submitted an amendment intended to be 

proposed by him to the bill S. 3457, to 

require the Secretary of Veterans Affairs to establish a veterans jobs corps, 

and for other purposes; as follows: 

At the appropriate place, insert the following: 

SEC. lll. DISPOSAL OF CONTROLLED SUBSTANCES. 

The Administrator of the Drug Enforcement Administration shall enter into a 

memorandum of understanding with the Secretary of Veterans Affairs establishing procedures under which a veteran may deliver a 

controlled substance to an employee of the 

Veterans Health Administration to be disposed of in accordance with section 302(g) of 

the Controlled Substances Act (21 U.S.C. 

822(g)). 

SA 2795. Mr. DEMINT submitted an 

amendment intended to be proposed by 

him to the bill S. 3457, to require the 

Secretary of Veterans Affairs to establish a veterans jobs corps, and for other 

purposes; which was ordered to lie on 

the table; as follows: 

At the appropriate place, insert the following: 

SEC. ll. NATIONAL RIGHT TO WORK. 

(a) AMENDMENTS TO THE NATIONAL LABOR

RELATIONS ACT.— 

(1) RIGHTS OF EMPLOYEES.—Section 7 of the 

National Labor Relations Act (29 U.S.C. 157) 

is amended by striking ‘‘except to’’ and all 

that follows through ‘‘authorized in section 

8(a)(3)’’. 

(2) UNFAIR LABOR PRACTICES.—Section 8 of 

the National Labor Relations Act (29 U.S.C. 

158) is amended— 

(A) in subsection (a)(3), by striking ‘‘: Provided, That’’ and all that follows through 

‘‘retaining membership’’; 

(B) in subsection (b)— 

(i) in paragraph (2), by striking ‘‘or to discriminate’’ and all that follows through ‘‘retaining membership’’; and 

(ii) in paragraph (5), by striking ‘‘covered 

by an agreement authorized under subsection (a)(3) of this section’’; and 

(C) in subsection (f), by striking clause (2) 

and redesignating clauses (3) and (4) as 

clauses (2) and (3), respectively. 

(b) AMENDMENT TO THE RAILWAY LABOR

ACT.—Section 2 of the Railway Labor Act (45 

U.S.C. 152) is amended by striking paragraph 

Eleven. 

SA 2796. Mr. HATCH (for himself and 

Mr. BROWN of Massachusetts) submitted an amendment intended to be 

proposed by him to the bill S. 3457, to 

require the Secretary of Veterans Affairs to establish a veterans jobs corps, 

and for other purposes; which was ordered to lie on the table; as follows: 

At the end, add the following: 

SEC. lll. EXCLUSION OF MEDICAL DEVICES 

SOLD UNDER THE TRICARE FOR 

LIFE PROGRAM OR VETERAN’S 

HEALTH CARE PROGRAMS FROM 

TAX ON SUCH DEVICES. 

(a) IN GENERAL.—Subsection (b) of section 

4191 of the Internal Revenue Code of 1986 is 

amended by adding at the end the following 

new paragraph: 

‘‘(3) EXCLUSION OF MEDICAL DEVICES SOLD

UNDER THE TRICARE FOR LIFE PROGRAM OR

VETERAN’S HEALTH CARE PROGRAMS.—Such 

term shall not include any device which is 

sold to individuals covered under the 

TRICARE for Life program or the veteran’s 

health care program under chapter 17 of title 

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September 12, 2012 CONGRESSIONAL RECORD — SENATE S6277 

38, United States Code, any portion of the 

cost of which is paid or reimbursed under either such program.’’. 

(b) EFFECTIVE DATE.—The amendment 

made by this section shall apply to sales 

after the date of the enactment of this Act. 

SA 2797. Mr. CARPER submitted an 

amendment intended to be proposed by 

him to the bill S. 3457, to require the 

Secretary of Veterans Affairs to establish a veterans jobs corps, and for other 

purposes; which was ordered to lie on 

the table; as follows: 

At the end of the bill, add the following: 

SEC. ll. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS 

ACTIONS ON INELIGIBILITY OF CERTAIN PROPRIETARY INSTITUTIONS 

OF HIGHER EDUCATION FOR PARTICIPATION IN PROGRAMS OF EDUCATIONAL ASSISTANCE. 

(a) DEPARTMENT OF VETERANS AFFAIRS.— 

(1) IN GENERAL.—Subchapter II of chapter 

36 of title 38, United States Code, is amended 

by inserting after section 3681 the following 

new section: 

‘‘§ 3681A. Ineligibility of certain proprietary 

institutions of higher education for participation in Department of Veterans Affairs 

programs of educational assistance 

‘‘(a) IN GENERAL.—Upon receipt of a notice 

from the Secretary of Education under 

clause (iii) of section 487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 

1094(d)(2)(A)) that a proprietary institution 

of higher education is ineligible for participation in or receipt of funds under any program of Federal educational assistance by 

reason of such section, the Secretary of Veterans Affairs shall ensure that no educational assistance under the provisions of 

law specified in subsection (b) is available or 

used for education at the institution for the 

period of institutional fiscal years covered 

by such notice. 

‘‘(b) COVERED ASSISTANCE.—The provisions 

of law specified in this subsection are the 

provisions of law on educational assistance 

through the Department under chapters 30, 

31, 32, 33, 34, and 35 of this title. 

‘‘(c) NOTICE ON INELIGIBILITY.—(1) The Secretary of Veterans Affairs shall take appropriate actions to notify persons receiving or 

eligible for educational assistance under the 

provisions of law specified in subsection (b) 

of the application of the limitations in section 487(d)(2) of the Higher Education Act of 

1965 to particular proprietary institutions of 

higher education. 

‘‘(2) The actions taken under this subsection with respect to a proprietary institution shall include publication, on the Internet website of the Department that provides 

information to persons described in paragraph (1), of the following: 

‘‘(A) The name of the institution. 

‘‘(B) The extent to which the institution 

failed to meet the requirements of section 

487(a)(24) of the Higher Education Act of 1965. 

‘‘(C) The length of time the institution will 

be ineligible for participation in or receipt of 

funds under any program of Federal educational assistance by reason of section 

487(d)(2)(A) of that Act. 

‘‘(D) The nonavailability of educational assistance through the Department for enrollment, attendance, or pursuit of a program of 

education at the institution by reason of 

such ineligibility.’’. 

(2) CLERICAL AMENDMENT.—The table of 

sections at the beginning of chapter 36 of 

such title is amended by inserting after the 

item relating to section 3681 the following 

new item: 

‘‘3681A. Ineligibility of certain proprietary 

institutions of higher education 

for participation in Department 

of Veterans Affairs programs of 

educational assistance.’’. 

(b) DEPARTMENT OF DEFENSE.— 

(1) IN GENERAL.—Chapter 101 of title 10, 

United States Code, is amended by inserting 

after section 2008 the following new section: 

‘‘§ 2008a. Ineligibility of certain proprietary 

institutions of higher education for participation in Department of Defense programs 

of educational assistance 

‘‘(a) IN GENERAL.—Upon receipt of a notice 

from the Secretary of Education under 

clause (iii) of section 487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 

1094(d)(2)(A)) that a proprietary institution 

of higher education is ineligible for participation in or receipt of funds under any program of Federal educational assistance by 

reason of such section, the Secretary of Defense shall ensure that no educational assistance under the provisions of law specified in 

subsection (b) is available or used for education at the institution for the period of institutional fiscal years covered by such notice. 

‘‘(b) COVERED ASSISTANCE.—The provisions 

of law specified in this subsection are the 

provisions of law on educational assistance 

through the Department of Defense as follows: 

‘‘(1) This chapter. 

‘‘(2) Chapters 105, 106A, 1606, 1607, and 1608 

of this title. 

‘‘(3) Section 1784a of this title. 

‘‘(c) NOTICE ON INELIGIBILITY.—(1) The Secretary of Defense shall take appropriate actions to notify persons receiving or eligible 

for educational assistance under the provisions of law specified in subsection (b) of the 

application of the limitations in section 

487(d)(2) of the Higher Education Act of 1965 

to particular proprietary institutions of 

higher education. 

‘‘(2) The actions taken under this subsection with respect to a proprietary institution shall include publication, on the Internet website of the Department of Defense 

that provides information to persons described in paragraph (1), of the following: 

‘‘(A) The name of the institution. 

‘‘(B) The extent to which the institution 

failed to meet the requirements of section 

487(a)(24) of the Higher Education Act of 1965. 

‘‘(C) The length of time the institution will 

be ineligible for participation in or receipt of 

funds under any program of Federal educational assistance by reason of section 

487(d)(2)(A) of that Act. 

‘‘(D) The nonavailability of educational assistance through the Department for enrollment, attendance, or pursuit of a program of 

education at the institution by reason of 

such ineligibility.’’. 

(2) CLERICAL AMENDMENT.—The table of 

sections at the beginning of chapter 101 of 

such title is amended by inserting after the 

item relating to section 2008 the following 

new item: 

‘‘2008a. Ineligibility of certain proprietary 

institutions of higher education 

for participation in Department 

of Defense programs of educational assistance.’’. 

SEC. ll. PROGRAM PARTICIPATION AGREEMENTS FOR PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION. 

Section 487 of the Higher Education Act of 

1965 (20 U.S.C. 1094) is amended— 

(1) in subsection (a)(24)— 

(A) by inserting ‘‘that receives funds provided under this title’’ before ‘‘, such institution’’; and 

(B) by striking ‘‘other than funds provided 

under this title, as calculated in accordance 

with subsection (d)(1)’’ and inserting ‘‘other 

than Federal educational assistance, as defined in subsection (d)(5) and calculated in 

accordance with subsection (d)(1)’’; and 

(2) in subsection (d)— 

(A) in the subsection heading, by striking 

‘‘NON-TITLE IV’’ and inserting ‘‘NON-FEDERAL

EDUCATIONAL’’; 

(B) in paragraph (1)— 

(i) in the matter preceding subparagraph 

(A), by inserting ‘‘that receives funds provided under this title’’ before ‘‘shall’’; 

(ii) in subparagraph (B)— 

(I) in clause (i), by striking ‘‘assistance 

under this title’’ and inserting ‘‘Federal educational assistance’’; and 

(II) in clause (ii)(I), by inserting ‘‘, or on a 

military base if the administering Secretary 

for a program of Federal educational assistance under clause (ii), (iii), or (iv) of paragraph (5)(B) has authorized such location’’ 

before the semicolon; 

(iii) in subparagraph (C), by striking ‘‘program under this title’’ and inserting ‘‘program of Federal educational assistance’’; 

(iv) in subparagraph (E), by striking ‘‘funds 

received under this title’’ and inserting 

‘‘Federal educational assistance’’; and 

(v) in subparagraph (F)— 

(I) in clause (iii), by striking ‘‘under this 

title’’ and inserting ‘‘of Federal educational 

assistance’’; and 

(II) in clause (iv), by striking ‘‘under this 

title’’ and inserting ‘‘of Federal educational 

assistance’’; 

(C) in paragraph (2)— 

(i) by striking subparagraph (A) and inserting the following: 

‘‘(A) INELIGIBILITY.— 

‘‘(i) IN GENERAL.—Notwithstanding any 

other provision of law, a proprietary institution of higher education receiving funds provided under this title that fails to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal years shall be 

ineligible to participate in or receive funds 

under any program of Federal educational 

assistance for a period of not less than two 

institutional fiscal years. 

‘‘(ii) REGAINING ELIGIBILITY.—To regain eligibility to participate in or receive funds 

under any program of Federal educational 

assistance after being ineligible pursuant to 

clause (i), a proprietary institution of higher 

education shall demonstrate compliance 

with all eligibility and certification requirements for the program for a minimum of two 

institutional fiscal years after the institutional fiscal year in which the institution became ineligible. In order to regain eligibility 

to participate in any program of Federal 

educational assistance under this title, such 

compliance shall include meeting the requirements of section 498 for such 2-year period. 

‘‘(iii) NOTIFICATION OF INELIGIBILITY.—The 

Secretary of Education shall determine when 

a proprietary institution of higher education 

that receives funds under this title is ineligible under clause (i) and shall notify all 

other administering Secretaries of the determination. 

‘‘(iv) ENFORCEMENT.—Each administering 

Secretary for a program of Federal educational assistance shall enforce the requirements of this subparagraph for the program 

concerned upon receiving notification under 

clause (iii) of a proprietary institution of 

higher education’s ineligibility.’’; and 

(ii) in subparagraph (B)— 

(I) in the matter preceding clause (i)— 

(aa) by striking ‘‘In addition’’ and all that 

follows through ‘‘education fails’’ and inserting ‘‘Notwithstanding any other provision of 

law, in addition to such other means of enforcing the requirements of a program of 

Federal educational assistance as may be 

available to the administering Secretary, if 

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S6278 CONGRESSIONAL RECORD — SENATE September 12, 2012 

a proprietary institution of higher education 

that receives funds provided under this title 

fails’’; and 

(bb) by striking ‘‘the programs authorized 

by this title’’ and inserting ‘‘all programs of 

Federal educational assistance’’; and 

(II) in clause (i), by inserting ‘‘with respect 

to a program of Federal educational assistance under this title,’’ before ‘‘on the expiration date’’; 

(D) in paragraph (4)(A), by striking 

‘‘sources under this title’’ and inserting 

‘‘Federal educational assistance’’; and 

(E) by adding at the end the following: 

‘‘(5) DEFINITIONS.—In this subsection: 

‘‘(A) ADMINISTERING SECRETARY.—The term 

‘administering Secretary’ means the Secretary of Education, the Secretary of Defense, the Secretary of Veterans Affairs, the 

Secretary of Homeland Security, or the Secretary of a military department responsible 

for administering the Federal educational 

assistance concerned. 

‘‘(B) FEDERAL EDUCATIONAL ASSISTANCE.— 

The term ‘Federal educational assistance’ 

means funds provided under any of the following provisions of law: 

‘‘(i) This title. 

‘‘(ii) Chapter 30, 31, 32, 33, 34, or 35 of title 

38, United States Code. 

‘‘(iii) Chapter 101, 105, 106A, 1606, 1607, or 

1608 of title 10, United States Code. 

‘‘(iv) Section 1784a of title 10, United 

States Code.’’. 

SA 2798. Mr. CARDIN submitted an 

amendment intended to be proposed by 

him to the bill S. 3457, to require the 

Secretary of Veterans Affairs to establish a veterans jobs corps, and for other 

purposes; which was ordered to lie on 

the table; as follows: 

At the end, add the following: 

SEC. ll. GRANTS FOR TRAINING OF VETERANS 

WHO OWN SMALL BUSINESSES ON 

APPLYING FOR FEDERAL CONTRACTS. 

(a) IN GENERAL.—The Secretary of Veterans Affairs may award a grant to a nonprofit organization to assist such organization in providing training to a veteran who 

is an owner of a small business concern on 

how to apply for and win a contract with the 

Federal Government. 

(b) MAXIMUM AMOUNTS.— 

(1) IN GENERAL.—The total amount of 

grants awarded under subsection (a) may not 

exceed $1,000,000. 

(2) INDIVIDUAL GRANT AMOUNTS.—A grant 

awarded under subsection (a) may not exceed 

$200,000. 

(c) MATCHING FUNDS.—The Secretary may 

award a grant under subsection (a) to a nonprofit organization to conduct training only 

if the organization agrees to make contributions toward the cost of conducting such 

training, from non-Federal sources, in an 

amount equal to not less than the amount of 

the grant. 

(d) SMALL BUSINESS CONCERN DEFINED.—In 

this section, the term ‘‘small business concern’’ has the meaning given such term 

under section 3 of the Small Business Act (15 

U.S.C. 632). 

SA 2799. Ms. SNOWE (for herself, Ms. 

LANDRIEU, Mr. COBURN, and Mr. KERRY) 

submitted an amendment intended to 

be proposed by her to the bill S. 3457, to 

require the Secretary of Veterans Affairs to establish a veterans jobs corps, 

and for other purposes; which was ordered to lie on the table; as follows: 

At the end, add the following: 

SEC. ll. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION. 

(a) IN GENERAL.—The Small Business Act 

(15 U.S.C. 631 et seq.) is amended by striking 

section 33 (15 U.S.C. 657c). 

(b) CORPORATION.—On and after the date of 

enactment of this Act, the National Veterans Business Development Corporation and 

any successor thereto may not represent 

that the corporation is federally chartered or 

in any other manner authorized by the Federal Government. 

(c) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) SMALL BUSINESS ACT.—The Small Business Act (15 U.S.C. 631 et seq.), as amended 

by this section, is amended— 

(A) by redesignating sections 34 through 45 

as sections 33 through 44, respectively; 

(B) in section 9(k)(1)(D) (15 U.S.C. 

638(k)(1)(D)), by striking ‘‘section 34(d)’’ and 

inserting ‘‘section 33(d)’’; 

(C) in section 33 (15 U.S.C. 657d), as so redesignated— 

(i) by striking ‘‘section 35’’ each place it 

appears and inserting ‘‘section 34’’; 

(ii) in subsection (a)— 

(I) in paragraph (2), by striking ‘‘section 

35(c)(2)(B)’’ and inserting ‘‘section 

34(c)(2)(B)’’; 

(II) in paragraph (4), by striking ‘‘section 

35(c)(2)’’ and inserting ‘‘section 34(c)(2)’’; and 

(III) in paragraph (5), by striking ‘‘section 

35(c)’’ and inserting ‘‘section 34(c)’’; and 

(iii) in subsection (h)(2), by striking ‘‘section 35(d)’’ and inserting ‘‘section 34(d)’’; 

(D) in section 34 (15 U.S.C. 657e), as so redesignated— 

(i) by striking ‘‘section 34’’ each place it 

appears and inserting ‘‘section 33’’; and 

(ii) in subsection (c)(1), by striking section 

‘‘34(c)(1)(E)(ii)’’ and inserting section 

‘‘33(c)(1)(E)(ii)’’; 

(E) in section 36(d) (15 U.S.C. 657i(d)), as so 

redesignated, by striking ‘‘section 43’’ and 

inserting ‘‘section 42’’; 

(F) in section 39(d) (15 U.S.C. 657l(d)), as so 

redesignated, by striking ‘‘section 43’’ and 

inserting ‘‘section 42’’; and 

(G) in section 40(b) (15 U.S.C. 657m(b)), as 

so redesignated, by striking ‘‘section 43’’ and 

inserting ‘‘section 42’’. 

(2) TITLE 10.—Section 1142(b)(13) of title 10, 

United States Code, is amended by striking 

‘‘and the National Veterans Business Development Corporation’’. 

(3) TITLE 38.—Section 3452(h) of title 38, 

United States Code, is amended by striking 

‘‘any of the’’ and all that follows and inserting ‘‘any small business development center 

described in section 21 of the Small Business 

Act (15 U.S.C. 648), insofar as such center offers, sponsors, or cosponsors an entrepreneurship course, as that term is defined in 

section 3675(c)(2).’’. 

(4) FOOD, CONSERVATION, AND ENERGY ACT

OF 2008.—Section 12072(c)(2) of the Food, Conservation, and Energy Act of 2008 (15 U.S.C. 

636g(c)(2)) is amended by striking ‘‘section 43 

of the Small Business Act, as added by this 

Act’’ and inserting ‘‘section 42 of the Small 

Business Act (15 U.S.C. 657o)’’. 

(5) VETERANS ENTREPRENEURSHIP AND

SMALL BUSINESS DEVELOPMENT ACT OF 1999.— 

Section 203(c)(5) of the Veterans Entrepreneurship and Small Business Development 

Act of 1999 (15 U.S.C. 657b note) is amended 

by striking ‘‘In cooperation with the National Veterans Business Development Corporation, develop’’ and inserting ‘‘Develop’’. 

SA 2800. Mr. PORTMAN (for himself 

and Mr. BEGICH) submitted an amendment intended to be proposed by him 

to the bill S. 3457, to require the Secretary of Veterans Affairs to establish 

a veterans jobs corps, and for other 

purposes; which was ordered to lie on 

the table; as follows: 

On page 18, between lines 5 and 6, insert 

the following: 

SEC. 7. IDENTIFICATION OF UNCLAIMED AND 

ABANDONED HUMAN REMAINS. 

(a) SENSE OF CONGRESS.—Congress recognizes the tireless work and dedication of the 

members of the Missing in America Project, 

in conjunction with numerous veterans service organizations, in identifying the unclaimed remains of veterans. 

(b) IDENTIFICATION OF UNCLAIMED OR ABANDONED HUMAN REMAINS.—The Secretary of 

Veterans Affairs shall cooperate with veterans service organizations to assist entities 

in possession of unclaimed or abandoned 

human remains in determining if any such 

remains are the remains of veterans or other 

individuals eligible for burial in a national 

cemetery. 

(c) BURIAL OF UNCLAIMED OR ABANDONED

HUMAN REMAINS.— 

(1) FUNERAL EXPENSES.—Section 2302(a)(2) 

of title 38, United States Code, is amended by 

striking ‘‘who was a veteran of any war or 

was discharged or released from the active 

military, naval, or air service for a disability 

incurred or aggravated in line of duty, whose 

body is held by a State (or a political subdivision of a State), and’’. 

(2) TRANSPORTATION COSTS.—Section 2308 of 

such title is amended— 

(A) by striking ‘‘Where a veteran’’ and all 

that follows through ‘‘compensation, the’’ 

and inserting ‘‘(a) IN GENERAL.—The’’; 

(B) in subsection (a), as designated by subparagraph (A), by inserting ‘‘described in 

subsection (b)’’ after ‘‘of the deceased veteran’’; and 

(C) by adding at the end the following new 

subsection: 

‘‘(b) DECEASED VETERAN DESCRIBED.—A deceased veteran described in this subsection is 

any of the following veterans: 

‘‘(1) A veteran who dies as the result of a 

service-connected disability. 

‘‘(2) A veteran who dies while in receipt of 

disability compensation (or who but for the 

receipt of retirement pay or pension under 

this title, would have been entitled to compensation). 

‘‘(3) A veteran whom the Secretary determines is eligible for funeral expenses under 

section 2302 of this title by virtue of the Secretary determining that the veteran has no 

next of kin or other person claiming the 

body of such veteran pursuant to subsection 

(a)(2)(A) of such section.’’. 

SA 2801. Ms. SNOWE submitted an 

amendment intended to be proposed by 

her to the bill S. 3457, to require the 

Secretary of Veterans Affairs to establish a veterans jobs corps, and for other 

purposes; which was ordered to lie on 

the table; as follows: 

At the end of the bill, add the following: 

SEC. 10. DOMICILE REQUIREMENT FOR COMMERCIAL DRIVER’S LICENSE. 

Section 31311(a)(12) of title 49, United 

States Code, is amended to read as follows: 

‘‘(12)(A) Except as provided in subparagraphs (B) and (C), the State may issue a 

commercial driver’s license only to an individual who operates or will operate a commercial motor vehicle and is domiciled in 

the State. 

‘‘(B) Under regulations prescribed by the 

Secretary, the State may issue a commercial 

driver’s license to an individual who— 

‘‘(i) operates or will operate a commercial 

motor vehicle; and 

‘‘(ii) is not domiciled in a State that issues 

commercial driver’s licenses. 

‘‘(C) The State may issue a commercial 

driver’s license to an individual who— 

‘‘(i) operates or will operate a commercial 

motor vehicle; 

‘‘(ii) is a member of the active duty military, military reserves, National Guard, active duty United States Coast Guard or 

Coast Guard Auxiliary; and 

‘‘(iii) is not domiciled in the State, but 

whose temporary or permanent duty station 

is located in the State.’’. 

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September 12, 2012 CONGRESSIONAL RECORD — SENATE S6279 

SA 2802. Ms. SNOWE (for herself and 

Mr. BEGICH) submitted an amendment 

intended to be proposed by her to the 

bill S. 3457, to require the Secretary of 

Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the 

table; as follows: 

At the end, add the following: 

SEC. ll. SPECTRUM INCENTIVE AUCTION BIDDING CREDIT. 

Not later than 180 days after the date of 

enactment of this Act, the Federal Communications Commission shall establish a program to promote the hiring of veterans by 

providing an eligible bidder in an incentive 

auction conducted under section 309(j)(8)(G) 

of the Communications Act of 1934 (47 U.S.C. 

309(j)(8)(G)) a bidding credit if the workforce 

of the eligible bidder is comprised of not less 

than a minimum percentage of veterans to 

be determined by the Federal Communications Commission in consultation with the 

Secretary of Veterans Affairs. 

SA 2803. Mr. BROWN of Ohio submitted an amendment intended to be 

proposed by him to the bill S. 3457, to 

require the Secretary of Veterans Affairs to establish a veterans jobs corps, 

and for other purposes; which was ordered to lie on the table; as follows: 

At the end, add the following: 

SEC. lll. ADDITIONAL ASSISTANCE UNDER 

POST-9/11 EDUCATIONAL ASSISTANCE FOR VETERANS PURSUING A 

DEGREE IN SCIENCE, TECHNOLOGY, 

ENGINEERING, OR MATH. 

(a) IN GENERAL.—Subchapter II of chapter 

33 of title 38, United States Code, is amended 

by inserting after section 3316 the following 

new section: 

‘‘§ 3316A. Additional educational assistance 

for veterans pursuing a degree in science, 

technology, engineering, or math 

‘‘(a) IN GENERAL.—The Secretary shall pay 

to each individual entitled to educational assistance under this chapter who is pursuing 

a program of education described in subsection (b) an amount equal to $2,000 per academic year, or fraction thereof for enrollment lasting less than one academic year. 

Amounts payable to an individual under this 

section are in addition to any other amounts 

payable to such individual under this chapter. 

‘‘(b) COVERED PROGRAMS OF EDUCATION.—A 

program of education described in this subsection is a program of education with a 

focus (as determined in accordance with regulations prescribed by the Secretary for purposes of this section) on science, technology, 

engineering, or math. 

‘‘(c) FREQUENCY OF PAYMENT.—Payment of 

the amount payable under subsection (a) 

shall be made in a lump-sum amount for the 

entire quarter, semester, or term, as applicable, of the program of education at the start 

of the commencement of such quarter, semester, or term.’’. 

(b) CLERICAL AMENDMENT.—The table of 

sections at the beginning of chapter 30 of 

such title is amended by inserting after the 

item relating to section 3020 the following 

new item: 

‘‘3316A. Additional educational assistance for 

veterans pursuing a degree in 

science, technology, engineering, or math.’’. 

SA 2804. Mr. PRYOR (for himself, Mr. 

BOOZMAN, and Mr. WYDEN) submitted 

an amendment intended to be proposed 

by him to the bill S. 3457, to require 

the Secretary of Veterans Affairs to establish a veterans jobs corps, and for 

other purposes; which was ordered to 

lie on the table; as follows: 

On page 18, between lines 5 and 6, insert 

the following: 

SEC. 7. PROVISION OF STATUS UNDER LAW BY 

HONORING CERTAIN MEMBERS OF 

THE RESERVE COMPONENTS OF THE 

ARMED FORCES AS VETERANS. 

(a) IN GENERAL.—Chapter 1 of title 38, 

United States Code, is amended by inserting 

after section 107 the following new section: 

‘‘§ 107A. Honoring as veterans certain persons 

who performed service in the reserve components 

‘‘Any person who is entitled under chapter 

1223 of title 10 to retired pay for nonregular 

service or, but for age, would be entitled 

under such chapter to retired pay for nonregular service shall be honored as a veteran 

but shall not be entitled to any benefit by 

reason of this section.’’. 

(b) CLERICAL AMENDMENT.—The table of 

sections at the beginning of such chapter is 

amended by inserting after the item relating 

to section 107 the following new item: 

‘‘107A. Honoring as veterans certain persons 

who performed service in the 

reserve components.’’. 

SA 2805. Mr. PRYOR submitted an 

amendment intended to be proposed by 

him to the bill S. 3457, to require the 

Secretary of Veterans Affairs to establish a veterans jobs corps, and for other 

purposes; which was ordered to lie on 

the table; as follows: 

At the end, add the following: 

SEC. ll. UNENFORCEABILITY OF AGREEMENTS 

TO ARBITRATE DISPUTES ARISING 

UNDER USERRA. 

(a) IN GENERAL.—Subchapter III of chapter 

43 of title 38, United States Code, is amended 

by adding at the end the following new section: 

‘‘§ 4328. Unenforceability of agreements to arbitrate disputes 

‘‘(a) PROTECTION OF EMPLOYEE RIGHTS.— 

Notwithstanding any other provision of law, 

any clause of any agreement between an employer and an employee that requires arbitration of a dispute arising under this chapter shall not be enforceable. 

‘‘(b) EXCEPTIONS.—(1) Subsection (a) shall 

not apply with respect to any dispute if, 

after such dispute arises, the parties involved knowingly and voluntarily agree to 

submit such dispute to arbitration. 

‘‘(2) Subsection (a) shall not preclude the 

enforcement of any of the rights or terms of 

a valid collective bargaining agreement. 

‘‘(c) VALIDITY AND ENFORCEMENT.—Any 

issue as to whether this section applies to an 

arbitration clause shall be determined by 

Federal law. Except as otherwise provided in 

chapter 1 of title 9, the validity or enforceability of an agreement to arbitrate referred 

to in subsection (a) or (b)(1) shall be determined by a court, rather than the arbitrator, 

regardless of whether the party resisting arbitration challenges the agreement to arbitrate specifically or in conjunction with 

other terms of the agreement. 

‘‘(d) APPLICATION.—This section shall apply 

with respect to all contracts and agreements 

between an employer and an employee in 

force before, on, or after the date of the enactment of this section.’’. 

(b) CLERICAL AMENDMENT.—The table of 

sections at the beginning of such chapter is 

amended by inserting after the item relating 

to section 4327 the following new item: 

‘‘4328. Unenforceability of agreements to arbitrate disputes.’’. 

(c) APPLICATION.—The provisions of section 

4328 of title 38, United States Code, as added 

by subsection (a), shall apply to— 

(1) any failure to comply with a provision 

of or any violation of chapter 43 of title 38, 

United States Code, that occurs before, on, 

or after the date of the enactment of this 

Act; and 

(2) to all actions or complaints filed under 

such chapter 43 that are pending on or after 

the date of the enactment of this Act. 

SEC. ll. EXPANSION OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS 

OF UNIFORMED SERVICES TO INCLUDE PROTECTION FOR ABSENCES 

FROM EMPLOYMENT FOR MEDICAL 

TREATMENT RELATING TO SERVICECONNECTED INJURIES AND ILLNESSES. 

(a) IN GENERAL.—Section 4303(13) of title 

38, United States Code, is amended by inserting ‘‘a period for which a person is absent 

from a position of employment for the purpose of medical or dental treatment for an 

injury or illness incurred or aggravated in 

line of duty during a period of service in the 

uniformed services,’’ after ‘‘for any such 

duty,’’. 

(b) FMLA.— 

(1) RULE OF CONSTRUCTION.—For purposes 

of that section 4303(13) and each covered provision— 

(A) the reference in that section 4303(13) to 

a period for which a person is absent from a 

position of employment for the purpose of 

medical or dental treatment shall not be 

considered to be a reference to a period of 

leave under a covered provision; and 

(B) the person’s employer shall not designate the period of absence as such a period 

of leave, 

unless the person requests and obtains the 

leave under the corresponding covered provision. 

(2) DEFINITION.—In this subsection, the 

term ‘‘covered provision’’ means— 

(A) title I of the Family and Medical Leave 

Act of 1993 (29 U.S.C. 2601 et seq.), including 

the application of that title under the Congressional Accountability Act of 1995 (2 

U.S.C. 1301 et seq.) and chapter 5 of title 3, 

United States Code; and 

(B) subchapter V of chapter 63 of title 5, 

United States Code. 

SEC. ll. SUSPENSION, TERMINATION, OR DEBARMENT OF CONTRACTORS FOR 

REPEATED VIOLATIONS OF EMPLOYMENT OR REEMPLOYMENT RIGHTS 

OF MEMBERS OF UNIFORMED SERVICES. 

(a) IN GENERAL.—Subchapter III of chapter 

43 of title 38, United States Code, is further 

amended by adding at the end the following 

new section: 

‘‘§ 4329. Suspension, termination, or debarment of contractors 

‘‘(a) GROUNDS FOR SUSPENSION, TERMINATION, OR DEBARMENT.—Payment under a 

contract awarded by a Federal executive 

agency may be suspended and the contract 

may be terminated, and the contractor who 

made the contract with the agency may be 

suspended or debarred in accordance with 

the requirements of this section, if the head 

of the agency determines that the contractor 

as an employer has repeatedly failed or refused to comply with a provision of this 

chapter. 

‘‘(b) CONDUCT OF SUSPENSION, TERMINATION, 

AND DEBARMENT PROCEEDINGS.—A contracting officer who determines in writing 

that cause for suspension of payments, termination, or suspension or debarment exists 

shall initiate an appropriate action, to be 

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S6280 CONGRESSIONAL RECORD — SENATE September 12, 2012 

conducted by the agency concerned in accordance with applicable law, including Executive Order 12549 or any superseding executive order, the Federal Acquisition Regulation, and any other regulations prescribed to 

implement the law or executive order. 

‘‘(c) EFFECT OF DEBARMENT.—A contractor 

debarred by a final decision under this section is ineligible for award of a contract by 

a Federal executive agency, and for participation in a future procurement by a Federal 

executive agency, for a period specified in 

the decision, not to exceed 5 years.’’. 

(b) CLERICAL AMENDMENT.—The table of 

sections at the beginning of chapter 43 of 

such title, as amended by section 2, is further amended by inserting after the item relating to section 4328, as added by such section, the following new item: 

‘‘4329. Suspension, termination, or debarment of contractor.’’. 

(c) REGULATIONS.—Not later than 180 days 

after the date of the enactment of this Act, 

the Federal Acquisition Regulatory Council 

shall amend the Federal Acquisition Regulation to carry out section 4329 of title 38, 

United States Code, as added by subsection 

(a). 

(d) EFFECTIVE DATE.—Section 4329 of title 

38, United States Code, as added by subsection (a), shall apply with respect to failures and refusals to comply with provisions 

of chapter 43 of such title occurring on or 

after the date of the enactment of this Act. 

SA 2806. Mr. BOOZMAN submitted an 

amendment intended to be proposed by 

him to the bill S. 3457, to require the 

Secretary of Veterans Affairs to establish a veterans jobs corps, and for other 

purposes; which was ordered to lie on 

the table; as follows: 

At the end, add the following: 

SEC. lll. LIMIT ON AWARDS AND BONUSES TO 

EMPLOYEES OF THE DEPARTMENT 

OF VETERANS AFFAIRS. 

For each of fiscal years 2013 through 2017, 

the Secretary of Veterans Affairs may not 

pay more than $357,613,229 in awards or bonuses under chapter 45 or 53 of title 5, United 

States Code, or any other awards or bonuses 

authorized under such title. 

TITLE II—TRANSFER OF CERTAIN 

EMPLOYMENT PROGRAMS 

SEC. 201. TRANSFER OF DEPARTMENT OF LABOR 

VETERANS PROGRAMS TO DEPARTMENT OF VETERANS AFFAIRS. 

(a) TRANSFER OF FUNCTIONS.— 

(1) IN GENERAL.—Effective October 1, 2014, 

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: 

(A) Job counseling, training, and placement services for veterans under chapter 41 

of title 38, United States Code. 

(B) Federal Government employment services by the Secretary of Labor under section 

4214 of such title. 

(C) Administration of employment and reemployment rights of members of the uniformed services under chapter 43 of such 

title. 

(D) Homeless veterans reintegration programs under chapter 20 of such title. 

(E) Employment and veterans benefits 

training under the Transition Assistance 

Program under section 1144 of title 10, 

United States Code. 

(2) MEMORANDUMS OF AGREEMENT.—The 

Secretary of Veterans Affairs shall enter 

into memorandums of agreement with the 

Secretary of Labor and with States (as defined in section 4101(6) of title 38, United 

States Code), as the Secretary of Veterans 

Affairs determines necessary, to implement 

the transition of the programs specified 

under paragraph (1). 

(3) RULE OF CONSTRUCTION.—Nothing in this 

title may be construed to affect the role and 

responsibility of the Secretary of Labor with 

respect to programs not administered by the 

Assistant Secretary of Labor for Veterans’ 

Employment and Training Service as of the 

day before the date of the enactment of this 

Act that are specified under paragraph (1). 

(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 2015, and for each subsequent 

fiscal year, funding requested for the functions referred to in subsection (a)(1). 

(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 title— 

(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 

title 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 title. 

(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 title, or any 

other Government official, or by a court of 

competent jurisdiction, in the performance 

of any function that is transferred by this 

title, 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 title 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 title, 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 title 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 title had not been enacted. 

(3) SUITS.—This title 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 title 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 title, 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 title 

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 title, any statutory requirements relating to notice, hearings, action upon the 

record, or administrative or judicial review 

that apply to any function transferred by 

this title 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 title. 

(f) TRANSFER OF ASSETS.—Except as otherwise provided in this title, 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 title 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 title, an official to 

whom functions are transferred under this 

title (including the head of any office to 

which functions are transferred under this 

title) 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 title shall relieve the official to whom a function is transferred under 

this title 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 title. 

(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 title, 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 title. The Director shall provide for 

the termination of the affairs of all entities 

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September 12, 2012 CONGRESSIONAL RECORD — SENATE S6281 

terminated by this title and for such further 

measures and dispositions as may be necessary to effectuate the purposes of this 

title. 

(i) CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS.—For purposes of this title, 

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 title 

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 

title— 

(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. 202. 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.—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 the purposes of this chapter, chapter 20, and chapter 43 of this title 

and the Transition Assistance Program 

under section 1144 of title 10, United States 

Code.’’. 

(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: 

‘‘§ 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, 2014. 

SEC. 203. 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: 

‘‘§ 4104. Veteran employment specialists 

‘‘(a) REQUIREMENT FOR EMPLOYMENT BY

STATES.—(1) Subject to approval by the Secretary, a State shall employ and assign such 

full- or part-time veteran employment specialists in an agency of the State 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) Except as provided by paragraph 

(2), 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) During any period in which more than 

10 percent of the individuals employed to 

carry out the services referred to in subsection (a) are non-veterans, the preference 

accorded under paragraph (1) shall be as follows: 

‘‘(A) To qualified service-connected disabled veterans. 

‘‘(B) If no veteran described in subparagraph (A) is available, to qualified eligible 

veterans. 

‘‘(3)(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). 

‘‘(C) The first report submitted by the Secretary under subparagraph (B) shall include 

an evaluation of whether the pay for veteran 

employment specialists should be scheduled 

on a standard basis for each State and include locality pay. 

‘‘(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.’’. 

(3) TRAINING.—The Secretary of Veterans 

Affairs shall ensure that an individual who is 

a veteran employment specialist under section 4104 of title 38, United States Code, as 

amended by paragraph (1), is properly 

trained to carry out the duties of such position. 

(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)’’; 

(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’’; 

(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’’; 

(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 

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S6282 CONGRESSIONAL RECORD — SENATE September 12, 2012 

(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, 2014. 

SEC. 204. ADDITIONAL TECHNICAL AND CONFORMING AMENDMENTS. 

(a) CHAPTER 41.—Chapter 41 of title 38, 

United States Code, as amended by this title, 

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) In section 4106(a), by striking ‘‘chapters 

42 and’’ and inserting ‘‘chapter’’. 

(8) By striking section 4108. 

(9) In the table of sections at the beginning 

of such chapter, by striking the item relating to section 4108. 

(10) In section 4110(d), by striking paragraph (1) and redesignating paragraphs (2) 

through (6) as paragraphs (1) through (5), respectively. 

(11) In section 4110A(b), by striking ‘‘Congress’’ and inserting ‘‘the Committees on 

Veterans’ Affairs of the Senate and House of 

Representatives’’. 

(12) 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) In section 4212(c), by striking ‘‘include 

as part’’ and inserting ‘‘shall transmit to the 

Secretary of Veterans Affairs for inclusion 

as part’’. 

(2) In section 4215(d)(1)— 

(A) by striking ‘‘In the’’ and inserting ‘‘For 

inclusion as part of the’’; and 

(B) by striking ‘‘shall evaluate’’ and inserting ‘‘shall transmit to the Secretary of Veterans Affairs an evaluation of’’. 

(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’’; 

(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’’; 

(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) TITLE 10.— 

(1) TAP PROGRAM.—Section 1144 of title 10, 

United States Code, is amended— 

(A) by striking ‘‘Secretary of Labor’’ each 

place it appears and inserting ‘‘Secretary of 

Veterans Affairs’’; 

(B) in subsection (a)— 

(i) in paragraph (1), by striking ‘‘, the Secretary of Homeland Security, and the Secretary of Veterans Affairs’’ and inserting 

‘‘and the Secretary of Homeland Security’’; 

and 

(ii) in paragraph (2), by striking ‘‘, the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall cooperate 

with the Secretary of Labor’’ and inserting 

‘‘and the Secretary of Homeland Security 

shall cooperate with the Secretary of Veterans Affairs’’; 

(C) in subsection (d)(1), by striking ‘‘Department of Labor to’’ and inserting ‘‘Department of Veterans Affairs to’’; and 

(D) in the heading, by striking ‘‘: Department of Labor’’. 

(2) CLERICAL AMENDMENT.—The table of 

sections at the beginning of chapter 58 of 

title 10, United States Code, is amended by 

striking the item relating to section 1144 and 

inserting the following new item: 

‘‘1144. Employment assistance, job training 

assistance, and other transitional services.’’. 

(g) EFFECTIVE DATE.—The amendments 

made by this section shall take effect on October 1, 2014. 

SEC. 205. STUDY AND REPORT ON TRANSFER OF 

PROGRAMS. 

(a) STUDY.—The Secretary of Veterans Affairs and the Secretary of Labor shall jointly 

conduct a study on implementing— 

(1) the transfer of functions under section 

201; and 

(2) the amendments made by this title. 

(b) MATTERS INCLUDED.—The study conducted under subsection (a) shall include the 

following: 

(1) A comprehensive discussion of the improvements to services for veterans made by 

the transfer of functions under section 201. 

(2) An analysis of the personnel, assets, 

and liabilities of the Department of Labor 

and the Department of Veterans Affairs that 

would be involved in such transfer. 

(3) An analysis of the Deputy Under Secretary for Veterans’ Employment and Training established under section 4102A(a) of title 

38, United States Code, as amended by this 

title, including— 

(A) an explanation of where such position 

would exist within the organization chart of 

the Department; 

(B) to whom such position would report to; 

and 

(C) the functions that would be carried out 

by such a position. 

(4) A detailed estimate of the cost to the 

Federal Government to implement such 

transfer, including any costs or savings resulting from— 

(A) carrying out such implementation; and 

(B) the Secretary of Veterans Affairs carrying out the functions so transferred. 

(5) A plan to implement such transfer, including— 

(A) a detailed time line of such implementation; 

(B) a list of the rules, regulations, and laws 

in effect on the date of the study that would 

need to be revised for such implementation; 

(C) a list of the memorandums of agreement entered into with Federal or State departments or agencies that would need to be 

revised for such implementation; 

(D) a detailed description of how to effectively enforce the administration of employment and employment rights of members of 

the uniformed services under chapter 43 of 

title 38, United States Code, during such implementation; and 

(E) how the transfer of employees will be 

implemented, including— 

(i) options available to employees who do 

not want to be transferred; 

(ii) the locations of where former Department of Labor employees will be assigned in 

the Department of Veterans Affairs; and 

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September 12, 2012 CONGRESSIONAL RECORD — SENATE S6283 

(iii) any organizational changes required in 

the Department of Veterans Affairs to accommodate such new employees. 

(6) A detailed plan to train employees who 

carry out activities under section 4104 of 

title 38, United States Code, to carry out the 

functions so transferred, including— 

(A) how current training manuals would 

need to be revised; 

(B) whether the Secretary of Veterans Affairs or the Secretary of Labor would have 

responsibility for any such revision; and 

(C) where such employees would be located. 

(7) Any other issues the Secretaries consider appropriate. 

(c) REPORT.—Not later than one year after 

the date of the enactment of this title, the 

Secretaries shall jointly submit to the Committees on Veterans’ Affairs of the House of 

Representatives and the Senate a report on 

the study conducted under subsection (a), including— 

(1) the recommendation of each Secretary 

as to best implement the transfer of functions described in such study; 

(2) the advantages and disadvantages of 

such transfer; 

(3) a list of regulatory and statutory actions required to implement such transfer 

that are not included under this title; 

(4) the amount of time each Secretary determines necessary to carry out such transfer; 

(5) whether, to carry out such transfer, any 

interoperability capabilities will need to be 

developed to electronically exchange information between the Department of Veterans 

Affairs and employees who were formerly 

under the Department of Labor before such 

transfer; 

(6) whether each Secretary plans to continue collaborating with the other Secretary 

after such transfer is completed, including 

an explanation of such planned collaboration; 

(7) an estimate of the training required to 

carry out the functions so transferred, including the number of employees requiring 

training and for which programs; and 

(8) any other matters the Secretaries consider appropriate. 

SA 2807. Mr. BROWN, of Ohio (for 

himself, Mr. SANDERS, and Mr. BEGICH) 

submitted an amendment intended to 

be proposed by him to the bill S. 3457, 

to require the Secretary of Veterans 

Affairs to establish a veterans jobs 

corps, and for other purposes; which 

was ordered to sit on the table; as follows: 

On page 23, after line 20, add the following: 

SEC. 10. ACCESS TO NATIONAL WAR MEMORIALS 

BY TOURS ORGANIZED BY VETERANS SERVICE ORGANIZATIONS. 

The Secretary of Veterans Affairs and the 

Secretary of the Interior (acting through the 

Director of the National Park Service) shall 

jointly— 

(1) establish procedures for veterans service organizations to register for annual visitor passes to the Korean War Veterans Memorial, National World War II Memorial, and 

the Vietnam Veterans Memorial that would 

facilitate veterans service organizations in 

bringing groups of veterans and immediate 

family members of the veterans to visit 

those memorials; and 

(2) provide for a reduction or waiver of the 

visitor fees, and a reduction in the paperwork requirements, applicable to veterans 

service organizations in bringing groups of 

veterans and immediate family members of 

the veterans to visit the memorials described in paragraph (1). 

SA 2808. Mr. REID proposed an 

amendment to amendment SA 2789 proposed by Mrs. MURRAY to the bill S. 

3457, to require the Secretary of Veterans Affairs to establish a veterans 

jobs corps, and for other purposes; as 

follows: 

At the end, add the following new section: 

Sec. ll. 

This Act shall become effective 7 days 

after enactment. 

SA 2809. Mr. REID proposed an 

amendment to amendment SA 2808 proposed by Mr. REID to the amendment 

SA 2789 proposed by Mrs. MURRAY to 

the bill S. 3457, to require the Secretary of Veterans Affairs to establish 

a veterans jobs corps, and for other 

purposes; as follows: 

In the amendment, strike ‘‘7 days’’ and insert ‘‘6 days’’. 

SA 2810. Mr. REID proposed an 

amendment to the bill S. 3457, to require the Secretary of Veterans Affairs 

to establish a veterans jobs corps, and 

for other purposes; as follows: 

At the end, add the following new section: 

Sec. ll. 

This Act shall become effective 5 days 

after enactment. 

SA 2811. Mr. REID proposed an 

amendment to amendment SA 2810 proposed by Mr. REID to the bill S. 3457, to 

require the Secretary of Veterans Affairs to establish a veterans jobs corps, 

and for other purposes; as follows: 

In the amendment, strike ‘‘5 days’’ and insert ‘‘4 days’’. 

SA 2812. Mr. REID proposed an 

amendment to the bill S. 3457, to require the Secretary of Veterans Affairs 

to establish a veterans jobs corps, and 

for other purposes; as follows: 

At the end, add the following new section: 

Sec. ll. 

This Act shall become effective 3 days 

after enactment. 

SA 2813. Mr. REID proposed an 

amendment to amendment SA 2812 proposed by Mr. REID to the bill S. 3457, to 

require the Secretary of Veterans Affairs to establish a veterans jobs corps, 

and for other purposes; as follows: 

In the amendment, strike ‘‘3 days’’ and insert ‘‘2 days’’. 

SA 2814. Mr. REID proposed an 

amendment to amendment SA 2813 proposed by Mr. REID to the amendment 

SA 2812 proposed by Mr. REID to the 

bill S. 3457, to require the Secretary of 

Veterans Affairs to establish a veterans jobs corps, and for other purposes; as follows: 

In the amendment, strike ‘‘2 days’’ and insert ‘‘1 day’’. 

SA 2815. Mr. PAUL submitted an 

amendment intended to be proposed by 

him to the bill S. 3457, to require the 

Secretary of Veterans Affairs to establish a veterans jobs corps, and for other 

purposes; which was ordered to lie on 

the table; as follows: 

At the appropriate place, insert the following: 

SEC. ll. LIMITATION OF FOREIGN ASSISTANCE 

TO LIBYA AND EGYPT. 

(a) PROHIBITION.—Except as provided under 

subsection (b), no amounts may be obligated 

or expended to provide any direct United 

States assistance, loan guarantee, or debt relief to the Government of Egypt or the Government of Libya. 

(b) WAIVER AND CERTIFICATION.—Beginning 

60 days after the date of the enactment of 

this Act, the President may waive the prohibition under subsection (a) with respect to 

the Government of Libya or the Government 

of Egypt if the President certifies to Congress that— 

(1) the Government is cooperating or has 

cooperated fully with investigations into the 

September 11, 2012, attack on the United 

States consulate in Benghazi, Libya, or the 

September 11, 2012, attack on the United 

States Embassy in Cairo, Egypt, as the case 

may be; and 

(2) all identifiable persons associated with 

organizing, planning, or participating in the 

attack— 

(A) have been identified by the Federal Bureau of Investigations and 

(B) are in the custody of the United States 

Government. 

(c) REPORT ON UNSECURED WEAPONS IN

LIBYA.—Not later than 90 days after the date 

of the enactment of this Act, the President 

shall submit a report to Congress examining 

the extent to which advanced weaponry remaining unsecured after the fall of 

Moammar Qaddafi was used by the individuals responsible for the September 11, 2012, 

attack on the United States consulate in 

Benghazi, Libya. 

(d) RULE OF CONSTRUCTION.—Nothing in 

this section may be construed as an authorization for the use of military force. 

SA 2816. Ms. COLLINS (for herself, 

Mr. LIEBERMAN, and Mr. BLUMENTHAL) 

submitted an amendment intended to 

be proposed by her to the bill S. 3457, to 

require the Secretary of Veterans Affairs to establish a veterans jobs corps, 

and for other purposes; which was ordered to lie on the table. 

At the end, add the following: 

SEC. 10. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR MEMBERS OF THE 

ARMED FORCES, THEIR DEPENDENTS, AND VETERANS. 

(a) PROGRAM FOR MEMBERS OF THE ARMED

FORCES AND DEPENDENTS.—The Secretary of 

Defense and the Attorney General shall 

jointly carry out a program (commonly referred to as a ‘‘prescription drug take-back 

program’’) under which members of the 

Armed Forces and dependents of members of 

the Armed Forces may deliver controlled 

substances to military medical treatment facilities to be disposed of in accordance with 

section 302(g) of the Controlled Substances 

Act (21 U.S.C. 822(g)). 

(b) PROGRAM FOR VETERANS.—The Secretary of Veterans Affairs and the Attorney 

General shall jointly carry out a program 

under which veterans may deliver controlled 

substances to be disposed of in accordance 

with section 302(g) of the Controlled Substances Act. 

(c) PROGRAM ELEMENTS.—The programs required by this section shall provide for the 

following: 

(1) In the case of the program required by 

subsection (a), the delivery of controlled substances under the program to such members 

of the Armed Forces, medical professionals, 

and other employees of the Department of 

Defense, and to such other acceptance mechanisms, as the Secretary of Defense and the 

Attorney General jointly specify for purposes of the program. 

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S6284 CONGRESSIONAL RECORD — SENATE September 12, 2012 

(2) In the case of the program required by 

subsection (b), the delivery of controlled substances under the program to such employees of the Veterans Health Administration of 

the Department of Veterans Affairs, and to 

such other acceptance mechanisms, as the 

Secretary of Veterans Affairs and the Attorney General jointly specify for purposes of 

the program. 

(3) Appropriate guidelines and procedures 

to prevent the diversion, misuse, theft, or 

loss of controlled substances delivered under 

such programs. 

f 

NOTICE OF HEARING 

SUBCOMMITTEE ON WATER AND POWER

Mr. BINGAMAN. Mr. President, I 

would like to announce for the information of the Senate and the public 

that a hearing has been scheduled before the Subcommittee on Water and 

Power of the Committee on Energy and 

Natural Resources. The hearing will be 

held on Wednesday, September 19, 2012, 

at 9:30 a.m., in room SD–366 of the 

Dirksen Senate Office Building in 

Washington, DC. 

The purpose of this hearing will be to 

hear testimony on four items: 

S. 3265, a bill to amend the Federal 

Power Act to remove the authority of 

the Federal Energy Regulatory Commission to collect land use fees for land 

that has been sold, exchanged, or otherwise transferred from Federal ownership but that is subject to a power site 

reservation; 

H.R. 2842, Bureau of Reclamation 

Small Conduit Hydropower Development and Rural Jobs Act of 2012; 

S. 3464, Mni Wiconi Project Act 

Amendments of 2012; and 

S. 3483, Crooked River Collaborative 

Water Security Act. 

Because of the limited time available 

for the hearing, witnesses may testify 

by invitation only. However, those 

wishing to submit written testimony 

for the hearing record ‘should send it 

to the Committee on Energy and Natural Resources, United States Senate, 

Washington, DC 20510–6150, or by email 

to MeaganllGins@energy.senate.gov. 

For further information, please contact Sara Tucker at (202) 224–6224 or 

Meagan Gins at (202) 224–0883. 

f 

AUTHORITY FOR COMMITTEES TO 

MEET 

COMMITTEE ON COMMERCE, SCIENCE, AND

TRANSPORTATION

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the 

Committee on Commerce, Science, and 

Transportation be authorized to meet 

during the session of the Senate on 

September 12, 2012, at 2 p.m. in room 

253 of the Russell Senate Office Building. The Committee will conduct a 

hearing entitled, ‘‘The Path from LEO 

to Mars.’’ 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON ENERGY AND NATURAL

RESOURCES

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the 

Committee on Energy and Natural Resources be authorized to meet during 

the session of the Senate on September 

12, 2012, at 9:30 a.m., in room 366 of the 

Dirksen Senate Office Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON ENVIRONMENT AND PUBLIC

WORKS AND SUBCOMMITTEE ON CLEAN AIR

AND NUCLEAR SAFETY

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the 

Committee on Environment and Public 

Works and the Subcommittee on Clean 

Air and Nuclear Safety be authorized 

to meet during the session of the Senate on September 12, 2012, at 10 a.m. in 

Dirksen 406 to conduct a hearing entitled, ‘‘Oversight Hearing: NRC’s Implementation of Recommendations for Enhancing Nuclear Reactor Safety in the 

21st Century.’’ 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON FOREIGN RELATIONS

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the 

Committee on Foreign Relations be authorized to meet during the session of 

the Senate on September 12, 2012, at 10 

a.m., to conduct a hearing entitled, 

‘‘Update on the Crisis in Syria and 

Iran’’. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON FOREIGN RELATIONS

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the 

Committee on Foreign Relations be authorized to meet during the session of 

the Senate on September 12, 2012, at 

2:45 p.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON HOMELAND SECURITY AND

GOVERNMENTAL AFFAIRS

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the 

Committee on Homeland Security and 

Governmental Affairs be authorized to 

meet during the session of the Senate 

on September 12, 2012, at 10 a.m. to 

conduct a hearing entitled ‘‘Moving 

from Scandal to Strategy: The Future 

of the General Services Administration.’’ 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON THE JUDICIARY

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the 

Committee on the Judiciary be authorized to meet during the session of the 

Senate, on September 12, 2012, at 10 

a.m., in room SD–226 of the Dirksen 

Senate Office Building, to conduct a 

hearing entitled ‘‘The Citizens United 

Court and the Continuing Importance 

of the Voting Rights Act.’’ 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON VETERANS’ AFFAIRS

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that the 

Committee on Veterans’ Affairs be authorized to meet during the session on 

September 12, 2012, in room 418 of the 

Senate Russell Office Building beginning at 10 a.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

PRIVILEGES OF THE FLOOR 

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that Andrea Chapman, Claire Green, Sarah 

Weaver, Sterling Laudon, Owen 

Haacke, James Mathis, and Joseph 

Steffens, staff of the Finance Committee, be granted the privilege of the 

floor for the remainder of the 112th 

Congress. 

The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. 

Mr. LIEBERMAN. Mr. President, I 

ask unanimous consent that Robert 

Morus, an intern in the office of the 

Senator from Oregon, be granted the 

privilege of the floor for the balance of 

the day. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

ACCEPTING AND DEPICTING 

FREDERICK DOUGLASS STATUE 

Mr. REID. I ask unanimous consent 

that the Senate proceed to the consideration of H.R. 6336. 

The PRESIDING OFFICER. The 

clerk will report the bill by title. 

The legislative clerk read as follows: 

A bill (H.R. 6336) to direct the Joint Committee on the Library to accept a statue depicting Frederick Douglass from the District 

of Columbia and to provide for the permanent display of the statue in Emancipation 

Hall of the United States Capitol. 

There being no objection, the Senate 

proceeded to consider the bill. 

Mr. DURBIN. Mr. President, the statues and busts in the U.S. Capitol depicting distinguished Americans number more than 120. However, among the 

collection are only two African Americans, Dr. Martin Luther King, Jr. and 

Sojourner Truth. This disparity fails to 

acknowledge the historically significant contributions of African Americans to our Nation. I am pleased that 

passage of H.R. 6336 today begins to address this need to display in the U.S. 

Capitol the statues and busts of outstanding African Americans whose contributions to the country deserve such 

recognition. 

In my fiscal year 2013 Senate Financial Services and General Government 

appropriations bill reported by the 

committee on June 14, I included a provision to permit the District of Columbia to donate and the Joint Committee 

on the Library to accept a statue of 

Frederick Douglass for placement in 

the United States Capitol. All costs of 

the transportation and placement of 

the statue would be borne by the District of Columbia. Subsequently, I 

joined Senator SCHUMER in introducing 

a free-standing resolution for acquisition of the Douglass statue. The House 

acted on its own measure and unanimously approved it earlier this week. 

Frederick Douglass was one of the 

most influential orators and writers of 

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