IIB 

111TH CONGRESS 

2D SESSION H. R. 5630 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2010 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To amend title 38, United States Code, to provide for qualifications for vocational rehabilitation counselors and vocational rehabilitation employment coordinators employed 

by the Department of Veterans Affairs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. QUALIFICATIONS FOR VOCATIONAL REHABILI2 TATION COUNSELORS AND VOCATIONAL RE3 HABILITATION EMPLOYMENT COORDINA4 TORS EMPLOYED BY THE DEPARTMENT OF 

5 VETERANS AFFAIRS. 

6 (a) IN GENERAL.—Chapter 31 of title 38, United 

7 States Code, is amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 3123. Qualifications for vocational rehabilitation 

10 counselors and vocational rehabilitation 

11 employment coordinators 

12 ‘‘(a) VOCATIONAL REHABILITATION COUNSELORS.— 

13 Each individual employed by the Department as a voca14 tional rehabilitation counselor shall— 

15 ‘‘(1) have completed a masters degree in voca16 tional rehabilitation counseling before being so em17 ployed; 

18 ‘‘(2) by not later than five years after the indi19 vidual is first so employed, obtain certification by an 

20 accredited certifying body recognized by the National 

21 Commission for Certifying Agencies; and 

22 ‘‘(3) as a condition of continued employment, 

23 maintain such certification. 

24 ‘‘(b) VOCATIONAL REHABILITATION EMPLOYMENT

25 COORDINATORS.—Each individual employed by the DeVerDate Mar 15 2010 01:02 Oct 01, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5630.RFS H5630

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1 partment as a vocational rehabilitation employment coor2 dinator shall— 

3 ‘‘(1) have completed a bachelors degree in the 

4 relevant field, as designated by the Secretary, before 

5 being so employed; 

6 ‘‘(2) by not later than five years after the indi7 vidual is first so employed, obtain certification by an 

8 accredited certifying body recognized by the National 

9 Commission for Certifying Agencies; and 

10 ‘‘(3) as a condition of continued employment, 

11 maintain such certification. 

12 ‘‘(c) REMEDIATION PLAN.—If an individual employed 

13 by the Department as a vocational rehabilitation counselor 

14 or a vocational rehabilitation employment coordinator fails 

15 to meet a condition of employment applicable to such indi16 vidual under subsection (a) or (b), the Director of the Vo17 cational Rehabilitation and Employment Service shall de18 velop a remediation plan for such individual. If the indi19 vidual fails to complete the remediation plan, such failure 

20 shall be cause for termination.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of such chapter is amended by adding 

23 at the end the following new item: 

‘‘3123. Qualifications for vocational rehabilitation counselors and vocational rehabilitation employment coordinators.’’. 

24 (c) APPLICABILITY.— 


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1 (1) INDIVIDUALS HIRED AFTER DATE OF EN2 ACTMENT.—Section 3123 of title 38, United States 

3 Code, as added by subsection (a), shall apply with 

4 respect to an individual hired by the Department of 

5 Veterans Affairs after the date of the enactment of 

6 this Act. 

7 (2) INDIVIDUALS HIRED BEFORE DATE OF EN8 ACTMENT.—In the case of an individual hired as a 

9 vocational rehabilitation counselor or a vocational re10 habilitation employment coordinator by the Depart11 ment of Veterans Affairs before the date of the en12 actment of this Act, such individual is required to 

13 have the qualifications described in section 3123 of 

14 title 38, United States Code, as added by subsection 

15 (a), for the position held by the individual by not 

16 later than 5 years after the date of the enactment 

17 of this Act. 

Passed the House of Representatives September 28, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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