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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1941 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1941

    To improve the provision of Federal transition, rehabilitation, 
 vocational, and unemployment benefits to members of the Armed Forces 
                 and veterans, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2011

 Mr. Bishop of Georgia (for himself, Mr. Young of Florida, Mr. Dicks, 
Mr. Filner, and Mr. McNerney) introduced the following bill; which was 
referred to the Committee on Veterans' Affairs, and in addition to the 
Committees on Armed Services and Oversight and Government Reform, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
    To improve the provision of Federal transition, rehabilitation, 
 vocational, and unemployment benefits to members of the Armed Forces 
                 and veterans, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hiring Heroes Act of 2011''.

SEC. 2. TWO-YEAR EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS 
              AFFAIRS TO PROVIDE REHABILITATION AND VOCATIONAL BENEFITS 
              TO MEMBERS OF THE ARMED FORCES WITH SEVERE INJURIES OR 
              ILLNESSES.

    Section 1631(b)(2) of the Wounded Warrior Act (title XVI of Public 
Law 110-181; 10 U.S.C. 1071 note) is amended by striking ``December 31, 
2012'' and inserting ``December 31, 2014''.

SEC. 3. EXPANSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO PAY 
              EMPLOYERS FOR PROVIDING ON-JOB TRAINING TO VETERANS WHO 
              HAVE NOT BEEN REHABILITATED TO POINT OF EMPLOYABILITY.

    Section 3116(b)(1) of title 38, United States Code, is amended by 
striking ``who have been rehabilitated to the point of employability''.

SEC. 4. TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED 
              DISABILITIES WHO HAVE EXHAUSTED RIGHTS TO UNEMPLOYMENT 
              BENEFITS UNDER STATE LAW.

    (a) Entitlement to Additional Rehabilitation Programs.--
            (1) In general.--Section 3102 of title 38, United States 
        Code, is amended--
                    (A) in the matter before paragraph (1), by striking 
                ``A person'' and inserting the following:
    ``(a) In General.--A person''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(b) Additional Rehabilitation Programs for Persons Who Have 
Exhausted Rights to Unemployment Benefits Under State Law.--(1) A 
person who has completed a rehabilitation program under this chapter 
shall be entitled to an additional rehabilitation program under the 
terms and conditions of this chapter if--
            ``(A) the person is described by paragraph (1) or (2) of 
        subsection (a); and
            ``(B) the person--
                    ``(i) has exhausted all rights to regular 
                compensation under the State law or under Federal law 
                with respect to a benefit year;
                    ``(ii) has no rights to regular compensation with 
                respect to a week under such State or Federal law; and
                    ``(iii) is not receiving compensation with respect 
                to such week under the unemployment compensation law of 
                Canada; and
            ``(C) begins such additional rehabilitation program within 
        six months of the date of such exhaustion.
    ``(2) For purposes of paragraph (1)(B)(i), a person shall be 
considered to have exhausted such person's rights to regular 
compensation under a State law when--
            ``(A) no payments of regular compensation can be made under 
        such law because such person has received all regular 
        compensation available to such person based on employment or 
        wages during such person's base period; or
            ``(B) such person's rights to such compensation have been 
        terminated by reason of the expiration of the benefit year with 
        respect to which such rights existed.
    ``(3) In this subsection, the terms `compensation', `regular 
compensation', `benefit year', `State', `State law', and `week' have 
the respective meanings given such terms under section 205 of the 
Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
3304 note).''.
            (2) Duration of additional rehabilitation program.--Section 
        3105(b) of such title is amended--
                    (A) by striking ``Except as provided in subsection 
                (c) of this section,'' and inserting ``(1) Except as 
                provided in paragraph (2) and in subsection (c),''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) The period of a vocational rehabilitation program pursued by 
a veteran under section 3102(b) of this title following a determination 
of the current reasonable feasibility of achieving a vocational goal 
may not exceed 24 months.''.
    (b) Extension of Period of Eligibility.--Section 3103 of such title 
is amended--
            (1) in subsection (a), by striking ``in subsection (b), 
        (c), or (d)'' and inserting ``in subsection (b), (c), (d), or 
        (e)'';
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e)(1) The limitation in subsection (a) shall not apply to a 
rehabilitation program described in paragraph (2).
    ``(2) A rehabilitation program described in this paragraph is a 
rehabilitation program pursued by a veteran under section 3102(b) of 
this title.''.
    (c) Exception to Limitation on Receipt of Assistance Under Chapter 
31 and One or More Programs.--Section 3695(b) of such title is 
amended--
            (1) by striking ``No person'' and inserting ``Except as 
        provided in paragraph (2), no person''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Paragraph (1) shall not apply with respect to a 
rehabilitation program described in section 3103(e)(2) of this 
title.''.

SEC. 5. ASSESSMENT AND FOLLOW-UP ON VETERANS WHO PARTICIPATE IN 
              DEPARTMENT OF VETERANS AFFAIRS TRAINING AND 
              REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED 
              DISABILITIES.

    (a) In General.--Section 3106 of title 38, United States Code, is 
amended--
            (1) by adding at the end the following new subsection:
    ``(g) For each rehabilitation program pursued by a veteran under 
this chapter, the Secretary shall contact such veteran not later than 
180 days after the date on which such veteran completes such 
rehabilitation program or terminates participation in such 
rehabilitation program and not less frequently than once every 180 days 
thereafter for a period of one year to ascertain the employment status 
of the veteran and assess such rehabilitation program.''; and
            (2) in the section heading, by adding ``; program 
        assessment and follow-up'' at the end.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 31 of such title is amended by striking the item relating to 
section 3106 and inserting the following new item:

``3106. Initial and extended evaluations; determinations regarding 
                            serious employment handicap; program 
                            assessment and follow-up.''.

SEC. 6. MANDATORY PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN THE 
              TRANSITIONAL ASSISTANCE PROGRAM OF THE DEPARTMENT OF 
              DEFENSE.

    (a) In General.--Section 1144(c) of title 10, United States Code, 
is amended by striking ``shall encourage'' and all that follows and 
inserting ``shall require the participation in the program carried out 
under this section of the members eligible for assistance under the 
program.''.
    (b) Required Use of Employment Assistance, Job Training Assistance, 
and Other Transitional Services in Preseparation Counseling.--Section 
1142(a)(2) of such title is amended by striking ``may'' and inserting 
``shall''.

SEC. 7. FOLLOW-UP ON EMPLOYMENT STATUS OF MEMBERS OF ARMED FORCES WHO 
              RECENTLY PARTICIPATED IN TRANSITIONAL ASSISTANCE PROGRAM 
              OF DEPARTMENT OF DEFENSE.

    For each individual who participates in the Transitional Assistance 
Program (TAP) of the Department of Defense, the Secretary of Labor 
shall contact such individual not later than 180 days after the date on 
which such individual completes such program and not less frequently 
than once every 90 days thereafter for a period of 180 days to 
ascertain the employment status of such individual.

SEC. 8. COLLABORATIVE VETERANS' TRAINING, MENTORING, AND PLACEMENT 
              PROGRAM.

    (a) In General.--Chapter 41 of title 38, United States Code, is 
amended by inserting after section 4104 the following new section:
``Sec. 4104A. Collaborative veterans' training, mentoring, and 
              placement program
    ``(a) Grants.--The Secretary shall award grants to eligible 
nonprofit organizations to provide training and mentoring for eligible 
veterans who seek employment. The Secretary shall award the grants to 
not more than 3 organizations, for periods of 2 years.
    ``(b) Collaboration and Facilitation.--The Secretary shall ensure 
that the recipients of the grants--
            ``(1) collaborate with--
                    ``(A) the appropriate disabled veterans' outreach 
                specialists (in carrying out the functions described in 
                section 4103A(a)) and the appropriate local veterans' 
                employment representatives (in carrying out the 
                functions described in section 4104); and
                    ``(B) the appropriate State boards and local boards 
                (as such terms are defined in section 101 of the 
                Workforce Investment Act of 1998 (29 U.S.C. 2801)) for 
                the areas to be served by recipients of the grants; and
            ``(2) based on the collaboration, facilitate the placement 
        of the veterans that complete the training in meaningful 
        employment that leads to economic self-sufficiency.
    ``(c) Application.--To be eligible to receive a grant under this 
section, a nonprofit organization shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require. At a minimum, the information shall 
include--
            ``(1) information describing how the organization will--
                    ``(A) collaborate with disabled veterans' outreach 
                specialists and local veterans' employment 
                representatives and the appropriate State boards and 
                local boards (as such terms are defined in section 101 
                of the Workforce Investment Act of 1998 (29 U.S.C. 
                2801));
                    ``(B) based on the collaboration, provide training 
                that facilitates the placement described in subsection 
                (b)(2); and
                    ``(C) make available, for each veteran receiving 
                the training, a mentor to provide career advice to the 
                veteran and assist the veteran in preparing a resume 
                and developing job interviewing skills; and
            ``(2) an assurance that the organization will provide the 
        information necessary for the Secretary to prepare the reports 
        described in subsection (d).
    ``(d) Reports.--(1) Not later than 6 months after the date of 
enactment of the Hiring Heroes Act of 2011, the Secretary shall prepare 
and submit to the appropriate committees of Congress a report that 
describes the process for awarding grants under this section, the 
recipients of the grants, and the collaboration described in 
subsections (b) and (c).
    ``(2) Not later than 18 months after the date of enactment of the 
Hiring Heroes Act of 2011, the Secretary shall--
            ``(A) conduct an assessment of the performance of the grant 
        recipients, disabled veterans' outreach specialists, and local 
        veterans' employment representatives in carrying out activities 
        under this section, which assessment shall include collecting 
        information on the number of--
                    ``(i) veterans who applied for training under this 
                section;
                    ``(ii) veterans who entered the training;
                    ``(iii) veterans who completed the training;
                    ``(iv) veterans who were placed in meaningful 
                employment under this section; and
                    ``(v) veterans who remained in such employment as 
                of the date of the assessment; and
            ``(B) submit to the appropriate committees of Congress a 
        report that includes--
                    ``(i) a description of how the grant recipients 
                used the funds made available under this section;
                    ``(ii) the results of the assessment conducted 
                under subparagraph (A); and
                    ``(iii) the recommendations of the Secretary as to 
                whether amounts should be appropriated to carry out 
                this section for fiscal years after 2013.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $4,500,000 for the period 
consisting of fiscal years 2012 and 2013.
    ``(f) Definitions.--In this section--
            ``(1) the term `appropriate committees of Congress' means 
        the Committee on Veterans' Affairs of the Senate and the 
        Committee on Veterans' Affairs of the House of Representatives; 
        and
            ``(2) the term `nonprofit organization' means an 
        organization that is described in section 501(c)(3) of the 
        Internal Revenue Code of 1986 and that is exempt from taxation 
        under section 501(a) of such Code.''
    (b) Conforming Amendment.--Section 4103A of title 38, United States 
Code, is amended--
            (1) in paragraph (1), by inserting ``and facilitate 
        placements'' after ``intensive services''; and
            (2) by adding at the end the following:
    ``(3) In facilitating placement of a veteran under this program, a 
disabled veterans' outreach program specialist shall help to identify 
job opportunities that are appropriate for the veteran's employment 
goals and assist that veteran in developing a cover letter and resume 
that are targeted for those particular jobs.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 41 of such title is amended by inserting after the item 
relating to section 4104 the following new item:

``4104A. Collaborative veterans' training, mentoring, and placement 
                            program.''.

SEC. 9. INDIVIDUALIZED ASSESSMENT FOR MEMBERS OF THE ARMED FORCES UNDER 
              TRANSITION ASSISTANCE ON EQUIVALENCE BETWEEN SKILLS 
              DEVELOPED IN MILITARY OCCUPATIONAL SPECIALITIES AND 
              QUALIFICATIONS REQUIRED FOR CIVILIAN EMPLOYMENT WITH THE 
              PRIVATE SECTOR.

    (a) Study on Equivalence Required.--
            (1) In general.--The Secretary of Defense, the Secretary of 
        Veterans Affairs, and the Secretary of Labor shall jointly 
        enter into a contract with a qualified organization or entity 
        jointly selected by the Secretaries, to conduct a study to 
        identify any equivalences between the skills developed by 
        members of the Armed Forces through various military 
        occupational specialties (MOS) and the qualifications required 
        for various positions of civilian employment in the private 
        sector.
            (2) Cooperation of federal agencies.--The departments and 
        agencies of the Federal Government, including the Office of 
        Personnel Management, the General Services Administration, the 
        Government Accountability Office, and other appropriate 
        departments and agencies, shall cooperate with the contractor 
        under paragraph (1) to conduct the study required under that 
        paragraph.
            (3) Report.--Upon completion of the study conducted under 
        paragraph (1), the contractor under that paragraph shall submit 
        to the Secretary of Defense, the Secretary of Veterans Affairs, 
        and the Secretary of Labor a report setting forth the results 
        of the study. The report shall include such information as the 
        Secretaries shall specify in the contract under paragraph (1) 
        for purposes of this section.
            (4) Transmittal to congress.--The Secretary of Defense, the 
        Secretary of Veterans Affairs, and the Secretary of Labor shall 
        jointly transmit to Congress the report submitted under 
        paragraph (3), together with such comments on the report as the 
        Secretaries jointly consider appropriate.
    (b) Individualized Assessment of Civilian Positions Available 
Through MOS Skills.--The Secretary of Defense shall ensure that each 
member of the Armed Forces who is participating in the Transition 
Assistance Program (TAP) of the Department of Defense receives, as part 
of such member's participation in that program, an individualized 
assessment of the various positions of civilian employment in the 
private sector for which such member may be qualified as a result of 
the skills developed by such member through such member's military 
occupational specialty. The assessment shall be performed using the 
results of the study conducted under subsection (a) and such other 
information as the Secretary of Defense, in consultation with the 
Secretary of Veterans Affairs and the Secretary of Labor, considers 
appropriate for that purpose.
    (c) Further Use in Employment-Related Transition Assistance.--
            (1) Transmittal of assessment.--The Secretary of Defense 
        shall transmit the individualized assessment provided a member 
        under subsection (a) to the Secretary of Veterans Affairs and 
        the Secretary of Labor.
            (2) Use in assistance.--The Secretary of Veterans Affairs 
        and the Secretary of Labor may use an individualized assessment 
        with respect to an individual under paragraph (1) for 
        employment-related assistance in the transition from military 
        service to civilian life provided the individual by such 
        Secretary and to otherwise facilitate and enhance the 
        transition of the individual from military service to civilian 
        life.

SEC. 10. APPOINTMENT OF HONORABLY DISCHARGED MEMBERS AND OTHER 
              EMPLOYMENT ASSISTANCE.

    (a) Appointment of Honorably Discharged Members of the Uniformed 
Services to Civil Service Positions.--
            (1) In general.--Chapter 33 of title 5, United States Code, 
        is amended by inserting after section 3330c the following:
``Sec. 3330d. Honorably discharged members of the uniformed services
    ``The head of an executive agency may appoint a member of the 
uniformed services who is honorably discharged to a position in the 
civil service without regard to sections 3301 through 3330c during the 
180-day period beginning on the date that the individual is honorably 
discharged, if that individual is otherwise qualified for the 
position.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 33 of title 5, United States Code, is 
        amended by adding after the item relating to section 3330c the 
        following:

``3330d. Honorably discharged members of the uniformed services.''.
    (b) Employment Assistance: Other Federal Agencies.--
            (1) Definitions.--In this subsection--
                    (A) the term ``agency'' has the meaning given the 
                term ``Executive agency'' in section 105 of title 5, 
                United States Code; and
                    (B) the term ``veteran'' has the meaning given that 
                term in section 101 of title 38, United States Code.
            (2) Responsibilities of office of personnel management.--
        The Director of the Office of Personnel Management shall--
                    (A) designate agencies that shall establish a 
                program to provide employment assistance to members of 
                the armed forces who are being separated from active 
                duty in accordance with paragraph (3); and
                    (B) ensure that the programs established under this 
                subsection are coordinated with the Transition 
                Assistance Program (TAP) of the Department of Defense.
            (3) Elements of program.--The head of each agency 
        designated under paragraph (2)(A), in consultation with the 
        Director of the Office of Personnel Management, and acting 
        through the Veterans Employment Program Office of the agency 
        established under Executive Order 13518 (74 Fed. Reg. 58533; 
        relating to employment of veterans in the Federal Government), 
        or any successor thereto, shall--
                    (A) establish a program to provide employment 
                assistance to members of the Armed Forces who are being 
                separated from active duty, including assisting such 
                members in seeking employment with the agency;
                    (B) provide such members with information regarding 
                the program of the agency established under 
                subparagraph (A); and
                    (C) promote the recruiting, hiring, training and 
                development, and retention of such members and veterans 
                by the agency.
            (4) Other office.--If an agency designated under paragraph 
        (2)(A) does not have a Veterans Employment Program Office, the 
        head of the agency, in consultation with the Director of the 
        Office of Personnel Management, shall select an appropriate 
        office of the agency to carry out the responsibilities of the 
        agency under paragraph (3).

SEC. 11. OUTREACH PROGRAM FOR CERTAIN VETERANS RECEIVING UNEMPLOYMENT 
              COMPENSATION.

    (a) In General.--The Secretary of Labor shall carry out a program 
through the Assistant Secretary of Labor for Veterans' Employment and 
Training, the disabled veterans' outreach program specialists employed 
under section 4103A of title 38, United States Code, and local 
veterans' employment representatives employed under section 4104 of 
such title to provide outreach to covered veterans and provide them 
with assistance in finding employment.
    (b) Covered Veterans.--For purposes of this section, a covered 
veteran is a veteran who--
            (1) recently separated from service in the Armed Forces; 
        and
            (2) has been in receipt of assistance under the 
        Unemployment Compensation for Ex-servicemembers program under 
        subchapter II of chapter 85 of title 5 for more than 105 days.

SEC. 12. DEPARTMENT OF DEFENSE PILOT PROGRAM ON WORK EXPERIENCE FOR 
              MEMBERS OF THE ARMED FORCES ON TERMINAL LEAVE.

    (a) In General.--The Secretary of Defense may establish a pilot 
program to assess the feasibility and advisability of providing to 
covered individuals work experience with civilian employees and 
contractors of the Department of Defense to facilitate the transition 
of the individuals from service in the Armed Forces to employment in 
the civilian labor market.
    (b) Covered Individuals.--For purposes of this section, a covered 
individual is any individual who--
            (1) is a member of the Armed Forces;
            (2) the Secretary expects to be discharged or separated 
        from service in the Armed Forces and is on terminal leave;
            (3) the Secretary determines has skills that can be used to 
        provide services to the Department that the Secretary considers 
        critical to the success of the mission of the Department; and
            (4) the Secretary determines might benefit from exposure to 
        the civilian work environment while working for the Department 
        in order to facilitate a transition of the individual from 
        service in the Armed Forces to employment in the civilian labor 
        market.
    (c) Duration.--The pilot program shall be carried out during the 
two-year period beginning on the date of the commencement of the pilot 
program.
    (d) Report.--Not later than 540 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Armed Services and the Committee on Veterans' Affairs of the Senate and 
the Committee on Armed Services and the Committee on Veterans' Affairs 
of the House of Representatives a report on the pilot program that 
includes the findings of the Secretary with respect to the feasibility 
and advisability of providing covered individuals with work experience 
as described in subsection (a).

SEC. 13. ENHANCEMENT OF DEMONSTRATION PROGRAM ON CREDENTIALING AND 
              LICENSING OF VETERANS.

    Section 4114 of title 38, United States Code, is amended--
            (1) in subsection (a), by striking ``may'' and inserting 
        ``shall'';
            (2) in subsection (b)(1)--
                    (A) by striking ``Assistant Secretary shall'' and 
                inserting ``Assistant Secretary of Veterans' Employment 
                and Training shall, in consultation with the Assistant 
                Secretary for Employment and Training,'';
                    (B) by striking ``10 military'' and inserting 
                ``five military''; and
                    (C) by inserting ``of Veterans' Employment and 
                Training'' after ``selected by the Assistant 
                Secretary''; and
            (3) by striking subsections (d) through (h) and inserting 
        the following:
    ``(d) Period of Project.--The period during which the Assistance 
Secretary shall carry out the demonstration project under this section 
shall be the two-year period beginning on the date of the enactment of 
the Hiring Heroes Act of 2011.''.
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