IB 

Union Calendar No. 160 

112TH CONGRESS 

1ST SESSION H. R. 2433 

[Report No. 112–242, Part I] 

To amend title 38, United States Code, to make certain improvements in 

the laws relating to the employment and training of veterans, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 7, 2011 

Mr. MILLER of Florida introduced the following bill; which was referred to 

the Committee on Veterans’ Affairs, and in addition to the Committee 

on Armed Services, 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 

OCTOBER 11, 2011 

Additional sponsors: Mr. FLORES, Mr. BILIRAKIS, Mr. STUTZMAN, Mr. 

HANNA, Mr. MICA, Mr. GRIMM, Mr. RUNYAN, Mr. ROE of Tennessee, Mr. 

WEST, Mr. DENHAM, Mr. BENISHEK, Mrs. ROBY, Mr. YOUNG of Indiana, 

Mr. GRIFFIN of Arkansas, Mr. CALVERT, Mr. ROHRABACHER, Mr. 

FITZPATRICK, Mr. SMITH of Texas, Mrs. BLACK, Mr. GUINTA, Mrs. 

NOEM, Mr. JOHNSON of Ohio, Mr. STEARNS, Mr. TURNER of Ohio, Mr. 

BONNER, Mr. LOBIONDO, Mr. LAMBORN, Ms. BUERKLE, Mr. RIGELL, 

Mr. WALBERG, and Mr. NUGENT

OCTOBER 11, 2011 

Reported from the Committee on Veterans’ Affairs with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 


emcdonald on DSK5VPTVN1PROD with BILLS
2 

•HR 2433 RH

OCTOBER 11, 2011 

The Committee on Armed Services discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on July 7, 2011] 

A BILL 

To amend title 38, United States Code, to make certain 

improvements in the laws relating to the employment 

and training of veterans, and for other purposes. 


emcdonald on DSK5VPTVN1PROD with BILLS
3 

•HR 2433 RH

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet5 erans Opportunity to Work Act of 2011’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—RETRAINING VETERANS 

Sec. 101. Veterans retraining assistance program. 

TITLE II—IMPROVING THE TRANSITION ASSISTANCE PROGRAM 

Sec. 201. Transition Assistance Program contracting. 

Sec. 202. Mandatory participation in Transition Assistance Program. 

Sec. 203. Report on Transition Assistance Program. 

Sec. 204. Transition Assistance Program outcomes. 

Sec. 205. Comptroller General review. 

TITLE III—IMPROVING THE TRANSITION OF VETERANS TO 

CIVILIAN EMPLOYMENT 

Sec. 301. Reauthorization and improvement of demonstration project on 

credentialing and licensure of veterans. 

Sec. 302. Inclusion of performance measures in annual report on veteran job 

counseling, training, and placement programs of the Department 

of Labor. 

Sec. 303. Clarification of priority of service for veterans in Department of Labor 

job training programs. 

Sec. 304. Evaluation of individuals receiving training at the National Veterans’ 

Employment and Training Services Institute. 

Sec. 305. Requirements for full-time disabled veterans’ outreach program specialists and local veterans’ employment representatives. 

Sec. 306. Report on findings of the Department of Defense and Department of 

Labor credentialing work group. 

TITLE IV—IMPROVEMENTS TO UNIFORMED SERVICES 

EMPLOYMENT AND REEMPLOYMENT RIGHTS 

Sec. 401. Clarification of benefits of employment covered under USERRA. 

TITLE V—OTHER MATTERS 

Sec. 501. Extension of certain expiring provisions of law. 

Sec. 502. Department of Veterans Affairs housing loan guarantees for surviving 

spouses of certain totally disabled veterans. 

Sec. 503. Extension of homeless veterans reintegration programs. 


emcdonald on DSK5VPTVN1PROD with BILLS
4 

•HR 2433 RH

Sec. 504. Reimbursement rate for ambulance services. 

Sec. 505. Annual reports on Post-9/11 Educational Assistance Program and Survivors’ and Dependents’ Educational Assistance Program. 

Sec. 506. Limitation on amount authorized to be appropriated for employee travel, printing, and fleet vehicles. 

Sec. 507. Extension of reduced pension for certain veterans covered by Medicaid 

plans for services furnished by nursing facilities. 

Sec. 508. Statutory Pay-As-You-Go-Act of 2010. 

1 TITLE I—RETRAINING VETERANS 

2 SEC. 101. VETERANS RETRAINING ASSISTANCE PROGRAM. 

3 (a) PROGRAM AUTHORIZED.— 

4 (1) IN GENERAL.—In accordance with this sec5 tion, during the period beginning on June 1, 2012, 

6 and ending on March 31, 2014, the Secretary of 

7 Labor shall provide for monthly payments of retrain8 ing assistance to eligible veterans. Payments of re9 training assistance under this section shall be made 

10 by the Secretary of Labor through the Secretary of 

11 Veterans Affairs. 

12 (2) NUMBER OF ELIGIBLE VETERANS.—The 

13 number of eligible veterans who participate in the 

14 program may not exceed— 

15 (A) 45,000 during fiscal year 2012; and 

16 (B) 55,000 during the period beginning Oc17 tober 1, 2012, and ending March 31, 2014. 

18 (b) RETRAINING ASSISTANCE.—Except as provided by 

19 subsection (i), each veteran who participates in the program 

20 established under subsection (a)(1) shall be entitled to up 

21 to 12 months of retraining assistance, as determined by the 


emcdonald on DSK5VPTVN1PROD with BILLS
5 

•HR 2433 RH

1 Secretary of Labor. Such retraining assistance may only 

2 be used by the veteran to pursue a program of education 

3 (as such term is defined in section 3452(b) of title 38, 

4 United States Code) or training on a full-time basis that— 

5 (1) is approved under chapter 36 of such title; 

6 (2) is offered by a community college or technical 

7 school; 

8 (3) leads to an associates degree or a certificate 

9 (or other similar evidence of the completion of the 

10 program of education or training); and 

11 (4) is designed to provide training for a high-de12 mand occupation, as determined by the Secretary of 

13 Labor. 

14 (c) MONTHLY CERTIFICATION.—Each veteran who 

15 participates in the program established under subsection 

16 (a)(1) shall certify to the Secretary of Veterans Affairs the 

17 enrollment of the veteran in a program of education de18 scribed in subsection (b) for each month in which the vet19 eran participates in the program. 

20 (d) AMOUNT OF ASSISTANCE.—The monthly amount 

21 of the retraining assistance payable under this section is 

22 the amount in effect under section 3015(a)(1) of title 38, 

23 United States Code. 

24 (e) ELIGIBILITY.—For purposes of this section, an eli25 gible veteran is a veteran who— 


emcdonald on DSK5VPTVN1PROD with BILLS
6 

•HR 2433 RH

1 (1) is at least 35 years of age but not more than 

2 60 years of age; 

3 (2) was last discharged from active duty service 

4 in the Armed Forces with an honorable discharge; 

5 (3) as of the date of the submittal of the applica6 tion for assistance under this section, has been unem7 ployed for a period of time determined by the Sec8 retary, with special consideration given to veterans 

9 who have been unemployed for at least 26 continuous 

10 weeks; 

11 (4) is not eligible to apply for educational assist12 ance under chapter 30, 31, 33, or 35 of title 38, 

13 United States Code; and 

14 (5) by not later than October 1, 2013, submits to 

15 the Secretary of Labor an application containing 

16 such information and assurances as the Secretary 

17 may require. 

18 (f) REPORT.—Not later than July 1, 2014, the Sec19 retary of Labor and the Secretary of Veterans Affairs shall 

20 jointly submit to the Committees on Veterans’ Affairs of the 

21 Senate and the House of Representatives a report on the 

22 retraining assistance provided under this section, includ23 ing— 

24 (1) the total number of— 

25 (A) eligible veterans who participated; 


emcdonald on DSK5VPTVN1PROD with BILLS
7 

•HR 2433 RH

1 (B) credit hours completed; and 

2 (C) associates degrees or certificates award3 ed (or other similar evidence of the completion of 

4 the program of education or training earned); 

5 and 

6 (2) data related to the employment status of eli7 gible veterans who participated. 

8 (g) JOINT AGREEMENT.—The Secretary of Labor and 

9 the Secretary of Veterans Affairs shall enter into an agree10 ment on carrying out this section. 

11 (h) SOURCE OF FUNDS.—Payments under this section 

12 shall be made from amounts appropriated to the readjust13 ment benefits account of the Department of Veterans Af14 fairs. 

15 (i) TERMINATION OF AUTHORITY.—The authority to 

16 make payments under this section shall terminate on March 

17 31, 2014. 

18 TITLE II—IMPROVING THE TRAN19 SITION ASSISTANCE PRO20 GRAM 

21 SEC. 201. TRANSITION ASSISTANCE PROGRAM CON22 TRACTING. 

23 (a) TRANSITION ASSISTANCE PROGRAM CON24 TRACTING.— 


emcdonald on DSK5VPTVN1PROD with BILLS
8 

•HR 2433 RH

1 (1) IN GENERAL.—Section 4113 of title 38, 

2 United States Code, is amended to read as follows: 

3 ‘‘§ 4113. Transition Assistance Program personnel 

4 ‘‘(a) AUTHORITY TO CONTRACT.—In accordance with 

5 section 1144 of title 10, the Secretary shall enter into a 

6 contract with an appropriate private entity or entities to 

7 provide the functions described in subsection (b) at all loca8 tions where the program described in such section is carried 

9 out. 

10 ‘‘(b) FUNCTIONS.—Contractors under subsection (a) 

11 shall provide to members of the Armed Forces who are being 

12 separated from active duty (and the spouses of such mem13 bers) the services described in section 1144(a)(1) of title 10, 

14 including— 

15 ‘‘(1) counseling; 

16 ‘‘(2) assistance in identifying employment and 

17 training opportunities and help in obtaining such 

18 employment and training; 

19 ‘‘(3) other related information and services under 

20 such section; and 

21 ‘‘(4) any other services that the Secretary deter22 mines are appropriate.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 41 of title 38, 

25 United States Code, is amended by striking the item 


emcdonald on DSK5VPTVN1PROD with BILLS
9 

•HR 2433 RH

1 relating to section 4113 and inserting the following 

2 new item: 

‘‘4113. Transition Assistance Program personnel.’’. 

3 (b) DEADLINE FOR IMPLEMENTATION.—The Secretary 

4 of Labor shall enter into the contract required by section 

5 4113 of title 38, United States Code, as added by subsection 

6 (a), by not later than 24 months after the date of the enact7 ment of this Act. 

8 SEC. 202. MANDATORY PARTICIPATION IN TRANSITION AS9 SISTANCE PROGRAM. 

10 Section 1144(c) of title 10, United States Code, is 

11 amended by striking ‘‘shall encourage’’ and all that follows 

12 and inserting ‘‘shall encourage the participation of mem13 bers of the armed forces in pay grades E-8 and above and 

14 O-6 and above who are eligible for assistance under the pro15 gram and shall require the participation of all other mem16 bers of the armed forces who are eligible for assistance under 

17 the program unless a documented urgent operational re18 quirement prevents attendance or an individual service 

19 member, with written approval of their commander, chooses 

20 to decline participation, in writing, based on post-service 

21 employment or acceptance to an education program. Such 

22 documentation shall be included in the personnel record of 

23 the member.’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
10 

•HR 2433 RH

1 SEC. 203. REPORT ON TRANSITION ASSISTANCE PROGRAM. 

2 Section 1144 of title 10, United States Code, is amend3 ed by adding at the end the following new subsection: 

4 ‘‘(e) REPORTS AND AUDITS.—(1) Not later than Janu5 ary 30 of each year, the Secretary of Labor shall submit 

6 to the Committees on Veterans’ Affairs of the Senate and 

7 House of Representatives a report on the program estab8 lished under this section that includes the number of mem9 bers of the armed forces eligible for assistance under the pro10 gram who participated in the program within 30, 90, and 

11 180 days of being separated from active duty, and the per12 centages of all such eligible participants who participated 

13 within each such time period. 

14 ‘‘(2)(A) The Secretary of Labor shall enter into a con15 tract with an appropriate entity to conduct an audit of 

16 the program established under this section not less fre17 quently than once every three years and to submit to the 

18 Secretary of Defense, the Secretary of Labor, the Secretary 

19 of Veterans Affairs, and the Committees on Veterans’ Affairs 

20 of the Senate and House of Representatives a report con21 taining the results of each such audit. 

22 ‘‘(B)(i) Except as provided in clause (ii), the Secretary 

23 of Labor shall enter into the contract under subparagraph 

24 (A) with an appropriate entity that is a small business con25 cern owned and controlled by veterans or a small business 

26 concern owned and controlled by service-disabled veterans 


emcdonald on DSK5VPTVN1PROD with BILLS
11 

•HR 2433 RH

1 and that is included in the database of veteran-owned busi2 nesses maintained under subsection (f) of section 8127 of 

3 title 38 and verified by the Secretary pursuant to para4 graph (4) of that subsection. 

5 ‘‘(ii) If the Secretary of Labor is unable to enter into 

6 the contract under subparagraph (A) with a qualified busi7 ness concern described in clause (i), the Secretary shall 

8 enter into such contract with another qualified appropriate 

9 entity. 

10 ‘‘(C) The Secretary of Labor shall enter into the con11 tract under this paragraph using funds made available for 

12 the State grant program authorized under section 4102A 

13 of title 38.’’. 

14 SEC. 204. TRANSITION ASSISTANCE PROGRAM OUTCOMES. 

15 Section 1144 of title 10, United States Code, as amend16 ed by section 202 and 203, is further amended by adding 

17 at the end the following new subsection: 

18 ‘‘(f) PROGRAM OUTCOMES.—The Secretary of Labor 

19 and the Secretary of Defense shall jointly develop a method 

20 to assess the outcomes for individuals who participate in 

21 the program established under this section. Such method 

22 shall be designed to determine the following outcomes: 

23 ‘‘(1) The length of the period during which the 

24 individual was unemployed following the individual’s 

25 separation from active duty. 


emcdonald on DSK5VPTVN1PROD with BILLS
12 

•HR 2433 RH

1 ‘‘(2) The beginning salary paid to the individual 

2 for the first job the individual obtained following such 

3 separation. 

4 ‘‘(3) The number of months of school or other 

5 training the individual attended during the first 12- 

6 month period following such separation.’’. 

7 SEC. 205. COMPTROLLER GENERAL REVIEW. 

8 Not later than one year after the date of the enactment 

9 of this Act, the Comptroller General of the United States 

10 shall conduct a review of the Transition Assistance Pro11 gram under section 1144 of title 10, United States Code, 

12 and submit to Congress a report on the results of the review 

13 and any recommendations of the Comptroller General for 

14 improving the program. 

15 TITLE III—IMPROVING THE 

16 TRANSITION OF VETERANS 

17 TO CIVILIAN EMPLOYMENT 

18 SEC. 301. REAUTHORIZATION AND IMPROVEMENT OF DEM19 ONSTRATION PROJECT ON CREDENTIALING 

20 AND LICENSURE OF VETERANS. 

21 Section 4114 of title 38, United States Code, is amend22 ed— 

23 (1) in subsection (b)— 


emcdonald on DSK5VPTVN1PROD with BILLS
13 

•HR 2433 RH

1 (A) in paragraph (1), by striking ‘‘not less 

2 than 10’’ and inserting ‘‘not less than 5 but not 

3 more than 10’’; and 

4 (B) in paragraph (2), by striking ‘‘consult 

5 with appropriate Federal, State, and industry 

6 officials’’ and inserting ‘‘enter into a contract 

7 with an appropriate entity representing a coali8 tion of State governors’’; 

9 (2) in subsection (g)— 

10 (A) by striking ‘‘Veterans Benefits, Health 

11 Care, and Information Technology Act of 2006’’ 

12 and inserting the ‘‘Veterans Opportunity to 

13 Work Act of 2011’’; and 

14 (B) by striking ‘‘September 30, 2009’’ and 

15 inserting ‘‘September 30, 2014’’; 

16 (3) in subsection (h)— 

17 (A) by striking ‘‘utilizing unobligated 

18 funds’’ and inserting ‘‘using not more than 

19 $180,000 of the funds in each fiscal year’’; and 

20 (B) by inserting before the period at the end 

21 the following: ‘‘, to be derived from amounts oth22 erwise made available to carry out sections 

23 4103A and 4104 of this title’’; and 

24 (4) by adding at the end the following new sub25 section: 


emcdonald on DSK5VPTVN1PROD with BILLS
14 

•HR 2433 RH

1 ‘‘(i) REPORT TO CONGRESS.—Not later than 30 days 

2 after the last day of a fiscal year during which the dem3 onstration project under this section is carried out, the As4 sistant Secretary, in coordination with the entity with 

5 which the Assistant Secretary enters into a contract under 

6 subsection (b)(2), shall submit to the Committees on Vet7 erans’ Affairs of the Senate and House of Representatives 

8 a report on the implementation of the demonstration project 

9 during that fiscal year.’’. 

10 SEC. 302. INCLUSION OF PERFORMANCE MEASURES IN AN11 NUAL REPORT ON VETERAN JOB COUN12 SELING, TRAINING, AND PLACEMENT PRO13 GRAMS OF THE DEPARTMENT OF LABOR. 

14 Section 4107(c) of title 38, United States Code, is 

15 amended— 

16 (1) in paragraph (2), by striking ‘‘clause (1)’’ 

17 and inserting ‘‘paragraph (1)’’; 

18 (2) in paragraph (5), by striking ‘‘and’’ at the 

19 end; 

20 (3) in paragraph (6), by striking the period and 

21 inserting ‘‘; and’’; and 

22 (4) by adding at the end the following new para23 graph: 

24 ‘‘(7) performance measures for the provision of 

25 assistance under this chapter, including— 


emcdonald on DSK5VPTVN1PROD with BILLS
15 

•HR 2433 RH

1 ‘‘(A) the percentage of participants in pro2 grams under this chapter who are employed after 

3 the 180-day period following their completion of 

4 the program; 

5 ‘‘(B) the percentage of such participants 

6 who are employed after the one-year period fol7 lowing their completion of the program; 

8 ‘‘(C) the median earnings of such partici9 pants after the 180-day period following their 

10 completion of the program; 

11 ‘‘(D) the median earnings of such partici12 pants after the one-year period following their 

13 completion of the program; and 

14 ‘‘(E) the percentage of participants in such 

15 program who complete a certificate, degree, di16 ploma, licensure, or industry-recognized creden17 tial while they are participating in the program 

18 or within one year of completing the program.’’. 

19 SEC. 303. CLARIFICATION OF PRIORITY OF SERVICE FOR 

20 VETERANS IN DEPARTMENT OF LABOR JOB 

21 TRAINING PROGRAMS. 

22 Section 4215 of title 38, United States Code, is amend23 ed— 

24 (1) in subsection (a)(3), by adding at the end the 

25 following: ‘‘Such priority includes giving access to 


emcdonald on DSK5VPTVN1PROD with BILLS
16 

•HR 2433 RH

1 such services to a covered person before a non-covered 

2 person or, if resources are limited, giving access to 

3 such services to a covered person instead of a non-cov4 ered person.’’; and 

5 (2) by amending subsection (d) to read as fol6 lows: 

7 ‘‘(d) ADDITION TO ANNUAL REPORT.—(1) In the an8 nual report required under section 4107(c) of this title for 

9 the program year beginning in 2003 and each subsequent 

10 program year, the Secretary of Labor shall evaluate whether 

11 covered persons are receiving priority of service and are 

12 being fully served by qualified job training programs. Such 

13 evaluation shall include— 

14 ‘‘(A) an analysis of the implementation of pro15 viding such priority at the local level; 

16 ‘‘(B) whether the representation of veterans in 

17 such programs is in proportion to the incidence of 

18 representation of veterans in the labor market, includ19 ing within groups that the Secretary may designate 

20 for priority under such programs, if any; and 

21 ‘‘(C) performance measures, as determined by the 

22 Secretary, to determine whether veterans are receiving 

23 priority of service and are being fully served by quali24 fied job training programs. 


emcdonald on DSK5VPTVN1PROD with BILLS
17 

•HR 2433 RH

1 ‘‘(2) The Secretary may not use the proportion of rep2 resentation of veterans described in subparagraph (B) of 

3 paragraph (1) as the basis for determining under such 

4 paragraph whether veterans are receiving priority of service 

5 and are being fully served by qualified job training pro6 grams.’’. 

7 SEC. 304. EVALUATION OF INDIVIDUALS RECEIVING TRAIN8 ING AT THE NATIONAL VETERANS’ EMPLOY9 MENT AND TRAINING SERVICES INSTITUTE. 

10 (a) IN GENERAL.—Section 4109 of title 38, United 

11 States Code, is amended by adding at the end the following 

12 new subsection: 

13 ‘‘(d) The Secretary shall require that each individual 

14 who receives training provided by the Institute, or its suc15 cessor, is given a final examination to evaluate the individ16 ual’s performance in receiving such training. Each such 

17 evaluation shall be designed to provide the individual with 

18 a grade, which shall be designated as either a passing grade 

19 or a failing grade. The results of such final examination 

20 shall be provided to the entity that sponsored the individual 

21 who received the training.’’. 

22 (b) EFFECTIVE DATE.—Subsection (d) of section 4109 

23 of title 38, United States Code, shall apply with respect to 

24 training provided by the National Veterans’ Employment 


emcdonald on DSK5VPTVN1PROD with BILLS
18 

•HR 2433 RH

1 and Training Services Institute that begins on or after the 

2 date of the enactment of this Act. 

3 SEC. 305. REQUIREMENTS FOR FULL-TIME DISABLED VET4 ERANS’ OUTREACH PROGRAM SPECIALISTS 

5 AND LOCAL VETERANS’ EMPLOYMENT REP6 RESENTATIVES. 

7 (a) DISABLED VETERANS’ OUTREACH PROGRAM SPE8 CIALISTS.—Section 4103A of title 38, United States Code, 

9 is amended by adding at the end the following new sub10 section: 

11 ‘‘(d) ADDITIONAL REQUIREMENT FOR FULL-TIME EM12 PLOYEES.—(1) A full-time disabled veterans’ outreach pro13 gram specialist shall perform only duties related to meeting 

14 the employment needs of eligible veterans, as described in 

15 subsection (a), and shall not perform other non-veteran-re16 lated duties. 

17 ‘‘(2) The Secretary shall conduct regular audits to en18 sure compliance with paragraph (1). If, on the basis of such 

19 an audit, the Secretary determines that a State is not in 

20 compliance with paragraph (1), the Secretary may reduce 

21 the amount of a grant made to the State under section 

22 4102A(b)(5) of this title.’’. 

23 (b) LOCAL VETERANS’ EMPLOYMENT REPRESENTA24 TIVES.—Section 4104 of such title is amended— 


emcdonald on DSK5VPTVN1PROD with BILLS
19 

•HR 2433 RH

1 (1) by redesignating subsection (e) as subsection 

2 (f); and 

3 (2) by inserting after subsection (d) the following 

4 new subsection (e): 

5 ‘‘(e) ADDITIONAL REQUIREMENTS FOR FULL-TIME

6 EMPLOYEES.—(1) A full-time local veterans’ employment 

7 representative shall perform only duties related to the em8 ployment, training, and placement services under this 

9 chapter, and shall not perform other non-veteran-related 

10 duties. 

11 ‘‘(2) The Secretary shall conduct regular audits to en12 sure compliance with paragraph (1). If, on the basis of such 

13 an audit, the Secretary determines that a State is not in 

14 compliance with paragraph (1), the Secretary may reduce 

15 the amount of a grant made to the State under section 

16 4102A(b)(5) of this title.’’. 

17 SEC. 306. REPORT ON FINDINGS OF THE DEPARTMENT OF 

18 DEFENSE AND DEPARTMENT OF LABOR 

19 CREDENTIALING WORK GROUP. 

20 (a) IN GENERAL.—The Secretary of Defense and the 

21 Secretary of Labor shall jointly enter into a contract with 

22 a qualified organization or entity jointly selected by the 

23 Secretaries to complete the study of 10 military occupa24 tional specialties already begun by the joint Department 

25 of Defense and Department of Labor Credentialing Work 


emcdonald on DSK5VPTVN1PROD with BILLS
20 

•HR 2433 RH

1 Group to reduce barriers to certification and licensure for 

2 transitioning members of the Armed Forces and veterans. 

3 This study shall also include an examination of current ini4 tiatives, programs, and authority already established with5 in the Department of Defense and the military services to 

6 promote credentialing of members of the Armed Forces and 

7 identify best practices that can be leveraged by all services 

8 to increase the transferability of military education, train9 ing, experience, and skills. 

10 (b) REPORT.—The contract described in subsection (a) 

11 shall provide that upon completion of the study described 

12 in such subsection, the organization or entity with which 

13 the Secretary of Defense and the Secretary of Labor entered 

14 into the contract shall submit to the Secretary of Defense 

15 and the Secretary of Labor a report setting forth the results 

16 of the study. The report shall include— 

17 (1) a plan for leveraging existing successful ini18 tiatives, programs, and authority to promote the 

19 credentialing of all members of the Armed Forces; and 

20 (2) such information as the Secretaries shall 

21 specify in the contract. 

22 (c) SUBMITTAL TO CONGRESS.—Not later than March 

23 31, 2012, the Secretary of Defense and the Secretary of 

24 Labor shall jointly submit to Congress a report on the re25 sults of the study described in subsection (a), together with 


emcdonald on DSK5VPTVN1PROD with BILLS
21 

•HR 2433 RH

1 such comments on the report as the Secretaries jointly con2 sider appropriate. 

3 TITLE IV—IMPROVEMENTS TO 

4 UNIFORMED SERVICES EM5 PLOYMENT AND REEMPLOY6 MENT RIGHTS 

7 SEC. 401. CLARIFICATION OF BENEFITS OF EMPLOYMENT 

8 COVERED UNDER USERRA. 

9 Section 4303(2) of title 38, United States Code, is 

10 amended by inserting ‘‘the terms, conditions, or privileges 

11 of employment, including’’ after ‘‘means’’. 

12 TITLE V—OTHER MATTERS 

13 SEC. 501. EXTENSION OF CERTAIN EXPIRING PROVISIONS 

14 OF LAW. 

15 (a) ADJUSTABLE RATE MORTGAGES.—Section 

16 3707(a) of such title is amended by striking ‘‘2012’’ and 

17 inserting ‘‘2014’’. 

18 (b) HYBRID ADJUSTABLE RATE MORTGAGES.—Sec19 tion 3707A(a) of such title is amended by striking ‘‘2012’’ 

20 and inserting ‘‘2014’’. 

21 (c) POOL OF MORTGAGE LOANS.—Section 3720(h)(2) 

22 of title 38, United States Code, is amended by striking ‘‘De23 cember 31, 2011’’ and inserting ‘‘December 31, 2016’’. 

24 (d) LOAN FEES.— 


emcdonald on DSK5VPTVN1PROD with BILLS
22 

•HR 2433 RH

1 (1) EXTENSION OF FEES.—Section 3729(b)(2) of 

2 such title is amended— 

3 (A) in subparagraph (A)— 

4 (i) in clause (iii), by striking ‘‘October 

5 1, 2011’’ and inserting ‘‘October 1, 2017’’; 

6 and 

7 (ii) in clause (iv), by striking ‘‘October 

8 1, 2011’’ and inserting ‘‘October 1, 2017’’; 

9 (B) in subparagraph (B)— 

10 (i) in clause (i), by striking ‘‘October 

11 1, 2011’’ and inserting ‘‘October 1, 2017’’; 

12 (ii) by striking clauses (ii) and (iii) 

13 and redesignating clause (iv) as clause (ii); 

14 and 

15 (iii) in clause (ii), as so redesignated, 

16 by striking ‘‘October 1, 2013’’ and inserting 

17 ‘‘October 1, 2017’’; 

18 (C) in subparagraph (C)— 

19 (i) in clause (i), by striking ‘‘October 

20 1, 2011’’ and inserting ‘‘October 1, 2017’’; 

21 and 

22 (ii) in clause (ii), by striking ‘‘October 

23 1, 2011’’ and inserting ‘‘October 1, 2017’’; 

24 and 

25 (D) in subparagraph (D)— 


emcdonald on DSK5VPTVN1PROD with BILLS
23 

•HR 2433 RH

1 (i) in clause (i), by striking ‘‘October 

2 1, 2011’’ and inserting ‘‘October 1, 2017’’; 

3 and 

4 (ii) in clause (ii), by striking ‘‘October 

5 1, 2011’’ and inserting ‘‘October 1, 2017’’. 

6 (2) EFFECTIVE DATE.—The amendments made 

7 by paragraph (1) shall take effect on the later of— 

8 (A) October 1, 2011; or 

9 (B) the date of the enactment of this Act. 

10 (e) TEMPORARY ADJUSTMENT OF MAXIMUM HOME

11 LOAN GUARANTY AMOUNT.—Section 501 of the Veterans 

12 Benefits Improvement Act of 2008 (Public Law 110–389; 

13 122 Stat. 4175; 38 U.S.C. 3703 note) is amended by strik14 ing ‘‘December 31, 2011’’ and inserting ‘‘December 31, 

15 2014’’. 

16 SEC. 502. DEPARTMENT OF VETERANS AFFAIRS HOUSING 

17 LOAN GUARANTEES FOR SURVIVING SPOUSES 

18 OF CERTAIN TOTALLY DISABLED VETERANS. 

19 (a) IN GENERAL.—Section 3701(b) of title 38, United 

20 States Code, is amended by adding at the end the following 

21 new paragraph: 

22 ‘‘(6) The term ‘veteran’ also includes, for pur23 poses of home loans, the surviving spouse of a de24 ceased veteran who dies and who was in receipt of or 

25 entitled to receive (or but for the receipt of retired or 


emcdonald on DSK5VPTVN1PROD with BILLS
24 

•HR 2433 RH

1 retirement pay was entitled to receive) compensation 

2 at the time of death for a service-connected disability 

3 rated totally disabling if— 

4 ‘‘(A) the disability was continuously rated 

5 totally disabling for a period of 10 or more years 

6 immediately preceding death; 

7 ‘‘(B) the disability was continuously rated 

8 totally disabling for a period of not less than five 

9 years from the date of such veteran’s discharge or 

10 other release from active duty; or 

11 ‘‘(C) the veteran was a former prisoner of 

12 war who died after September 30, 1999, and the 

13 disability was continuously rated totally dis14 abling for a period of not less than one year im15 mediately preceding death.’’. 

16 (b) EFFECTIVE DATE.—The amendment made by sub17 section (a) shall apply with respect to a loan guaranteed 

18 after the date of the enactment of this Act. 

19 (c) CLARIFICATION WITH RESPECT TO CERTAIN

20 FEES.—Fees shall be collected under section 3729 of title 

21 38, United States Code, from a person described in para22 graph (6) of subsection (b) of section 3701 of such title, as 

23 added by subsection (a), in the same manner as such fees 

24 are collected from a person described in paragraph (2) of 

25 such subsection. 


emcdonald on DSK5VPTVN1PROD with BILLS
25 

•HR 2433 RH

1 SEC. 503. EXTENSION OF HOMELESS VETERANS RE2 INTEGRATION PROGRAMS. 

3 (a) EXTENSION.—Section 2021(e)(1)(F) of title 38, 

4 United States Code, is amended by striking ‘‘2011’’ and in5 serting ‘‘2012’’. 

6 (b) REPORT.—Not later than one year after the date 

7 of the enactment of this Act, the Comptroller General of the 

8 United States shall submit to Congress a report on the oper9 ation and results of the homeless veterans reintegration pro10 grams under section 2021 of title 38, United States Code. 

11 SEC. 504. REIMBURSEMENT RATE FOR AMBULANCE SERV12 ICES. 

13 Section 111(b)(3) of title 38, United States Code, is 

14 amended by adding at the end the following new subpara15 graph: 

16 ‘‘(C) In the case of transportation of a person under 

17 subparagraph (B) by ambulance, the Secretary may pay 

18 the provider of the transportation the lesser of the actual 

19 charge for the transportation or the amount determined by 

20 the fee schedule established under section 1834(l) of the So21 cial Security Act (42 U.S.C. 1395(l)) unless the Secretary 

22 has entered into a contract for that transportation with the 

23 provider.’’. 


emcdonald on DSK5VPTVN1PROD with BILLS
26 

•HR 2433 RH

1 SEC. 505. ANNUAL REPORTS ON POST-9/11 EDUCATIONAL 

2 ASSISTANCE PROGRAM AND SURVIVORS’ AND 

3 DEPENDENTS’ EDUCATIONAL ASSISTANCE 

4 PROGRAM. 

5 (a) REPORTS REQUIRED.— 

6 (1) IN GENERAL.—Subchapter III of chapter 33 

7 of title 38, United States Code, is amended by adding 

8 at the end the following new section: 

9 ‘‘§ 3325. Reporting requirement 

10 ‘‘(a) IN GENERAL.—For each academic year— 

11 ‘‘(1) the Secretary of Defense shall submit to 

12 Congress a report on the operation of the program 

13 provided for in this chapter; and 

14 ‘‘(2) the Secretary shall submit to Congress a re15 port on the operation of the program provided for in 

16 this chapter and the program provided for under 

17 chapter 35 of this title. 

18 ‘‘(b) CONTENTS OF SECRETARY OF DEFENSE RE19 PORTS.—The Secretary of Defense shall include in each re20 port submitted under this section— 

21 ‘‘(1) information indicating— 

22 ‘‘(A) the extent to which the benefit levels 

23 provided under this chapter are adequate to 

24 achieve the purposes of inducing individuals to 

25 enter and remain in the Armed Forces and of 

26 providing an adequate level of financial assistVerDate Mar 15 2010 20:33 Oct 11, 2011 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\H2433.RH H2433

emcdonald on DSK5VPTVN1PROD with BILLS
27 

•HR 2433 RH

1 ance to help meet the cost of pursuing a program 

2 of education; 

3 ‘‘(B) whether it is necessary for the pur4 poses of maintaining adequate levels of well5 qualified active-duty personnel in the Armed 

6 Forces to continue to offer the opportunity for 

7 educational assistance under this chapter to in8 dividuals who have not yet entered active-duty 

9 service; and 

10 ‘‘(C) describing the efforts under section 

11 3323(b) of this title to inform members of the 

12 Armed Forces of the active duty service require13 ments for entitlement to educational assistance 

14 benefits under this chapter and the results from 

15 such efforts; and 

16 ‘‘(2) such recommendations for administrative 

17 and legislative changes regarding the provision of 

18 educational assistance to members of the Armed 

19 Forces and veterans, and their dependents, as the Sec20 retary of Defense considers appropriate. 

21 ‘‘(c) CONTENTS OF SECRETARY OF VETERANS AFFAIRS

22 REPORTS.—The Secretary shall include in each report sub23 mitted under this section— 


emcdonald on DSK5VPTVN1PROD with BILLS
28 

•HR 2433 RH

1 ‘‘(1) information concerning the level of utiliza2 tion of educational assistance and of expenditures 

3 under this chapter and under chapter 35 of this title; 

4 ‘‘(2) the number of credit hours, certificates, de5 grees, and other qualifications earned by beneficiaries 

6 under this chapter and under chapter 35 of this title 

7 during the academic year covered by the report; and 

8 ‘‘(3) such recommendations for administrative 

9 and legislative changes regarding the provision of 

10 educational assistance to members of the Armed 

11 Forces and veterans, and their dependents, as the Sec12 retary considers appropriate. 

13 ‘‘(d) TERMINATION.—No report shall be required under 

14 this section after January 1, 2021.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of such chapter is amended by 

17 inserting after the item relating to section 3324 the 

18 following new item: 

‘‘3325. Reporting requirement.’’. 

19 (3) DEADLINE FOR SUBMITTAL OF FIRST RE20 PORT.—The first reports required under section 3325 

21 of title 38, United States Code, as added by para22 graph (1), shall be submitted by not later than No23 vember 1, 2012, and shall cover the 2011-2012 aca24 demic year. 


emcdonald on DSK5VPTVN1PROD with BILLS
29 

•HR 2433 RH

1 (b) REPEAL OF REPORT ON ALL VOLUNTEER-FORCE

2 EDUCATIONAL ASSISTANCE PROGRAM.— 

3 (1) IN GENERAL.—Chapter 30 of such title is 

4 amended by striking section 3036. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of such chapter is amended by 

7 striking the item relating to section 3036. 

8 SEC. 506. LIMITATION ON AMOUNT AUTHORIZED TO BE AP9 PROPRIATED FOR EMPLOYEE TRAVEL, PRINT10 ING, AND FLEET VEHICLES. 

11 The amount authorized to be appropriated for the De12 partment of Veterans Affairs for employee travel, printing, 

13 and fleet vehicles for fiscal year 2012 shall not exceed 

14 $385,000,000. 

15 SEC. 507. EXTENSION OF REDUCED PENSION FOR CERTAIN 

16 VETERANS COVERED BY MEDICAID PLANS 

17 FOR SERVICES FURNISHED BY NURSING FA18 CILITIES. 

19 Section 5503(d)(7) of title 38, United States Code, is 

20 amended by striking ‘‘May 31, 2015’’ and inserting ‘‘May 

21 31, 2016’’. 

22 SEC. 508. STATUTORY PAY-AS-YOU-GO-ACT OF 2010. 

23 The budgetary effects of this Act, for the purpose of 

24 complying with the Statutory Pay-As-You-Go-Act of 2010, 

25 shall be determined by reference to the latest statement titled 


emcdonald on DSK5VPTVN1PROD with BILLS
30 

•HR 2433 RH

1 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

2 submitted for printing in the Congressional Record by the 

3 Chairman of the House Budget Committee, provided that 

4 such statement has been submitted prior to the vote on pas5 sage 


emcdonald on DSK5VPTVN1PROD with BILLS

emcdonald on DSK5VPTVN1PROD with BILLS
Union Calendar No. 160 

112TH CONGRESS 

1ST SESSION H. R. 2433 

[Report No. 112–242, Part I] 

A BILL 

To amend title 38, United States Code, to make 

other purposes. employment and training of veterans, and for certain improvements in the laws relating to the 

OCTOBER 11, 2011 

Reported from the Committee on Veterans’ Affairs with 

an amendment 

OCTOBER 11, 2011 

The Committee on Armed Services discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


emcdonald on DSK5VPTVN1PROD with BILLS